Alaska Supreme Court

Alaska Exchange Carriers Association, Inc., Appellant v. Regulato — Stowers, J., Concurring in Part and Dissenting…

October 7, 20112011 Alas. LEXIS 103

Summary

Stowers, J., concurring in part and dissenting in part, would characterize the agency's correction as a mathematical, clerical, or procedural correction rather than retroactive ratemaking, while agreeing that the agency had authority to make the correction. She would remand with instructions to correct the calculation immediately and nunc pro tunc to the original rate's effective date, rather than require further agency proceedings or use the date of public notice. Winfree, J., dissenting in part, would leave the corrective date to the agency's discretion based on the circumstances of each case.