Third parties; contracting and liability.

  1. Law
  2. Alaska Statutes
  3. Public Utilities and Carriers and Energy Programs
  4. Alaska Public Utilities Regulatory Act
  5. On-Bill Financing of Energy Efficiency and Conservation Improvements.
  6. Third parties; contracting and liability.

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(a) A utility may contract with a third party to perform functions permitted under AS 42.05.750 - 42.05.754, including financing the purchase and installation costs for a renewable energy system, energy efficiency device, energy storage device, or energy conservation system. The third party shall comply with AS 42.05.750 - 42.05.754.

(b) If the installation, operation, or maintenance of a renewable energy system, energy efficiency device, energy storage device, or energy conservation system is performed by a third party,

(1) the utility is not liable for the installation, operation, or maintenance of the renewable energy system, energy efficiency device, energy storage device, or energy conservation system;

(2) the utility may not provide, nor is there implied, a warranty of merchantability or fitness of the renewable energy system, energy efficiency device, energy storage device, or energy conservation system; and

(3) no action may be brought against the utility related to the failure of the renewable energy system, energy efficiency device, energy storage device, or energy conservation system.

(c) When a utility contracts with a third party to perform administrative or financing functions,

(1) the third party is not liable for the installation, operation, or maintenance of the renewable energy system, energy efficiency device, energy storage device, or energy conservation system;

(2) the third party may not provide, nor is there implied, a warranty of merchantability or fitness of the renewable energy system, energy efficiency device, energy storage device, or energy conservation system; and

(3) no action may be brought against the third party related to the failure of the renewable energy system, energy efficiency device, energy storage device, or energy conservation system.

(d) The provisions of (b) and (c) of this section may not be construed to impair the rights and remedies of a utility customer against any other parties to a transaction involving the purchase or installation of a renewable energy system, energy efficiency device, energy storage device, or energy conservation system.


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