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HCS CSSB 157(FIN): "An Act relating to power cost equalization; relating to appropriations from the National Petroleum Reserve - Alaska special revenue fund to the power cost equalization and rural electric capitalization fund; relating to the power cost equalization and rural electric capitalization fund and the four dam pool transfer fund; and providing for an effective date."

00HOUSE CS FOR CS FOR SENATE BILL NO. 157(FIN) 01 "An Act relating to power cost equalization; relating to appropriations from the 02 National Petroleum Reserve - Alaska special revenue fund to the power cost 03 equalization and rural electric capitalization fund; relating to the power cost 04 equalization and rural electric capitalization fund and the four dam pool 05 transfer fund; and providing for an effective date." 06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 07 * Section 1. AS 37.05.530(g) is amended to read: 08  (g) Amounts received by the state under 42 U.S.C. 6508 and not appropriated 09 for grants to municipalities under (d) of this section shall be deposited [LAPSE] at 10 the end of each fiscal year as follows: (1) 25 [50] percent to the principal of the 11 Alaska permanent fund; and (2) .5 percent to the public school trust fund (AS 12 37.14.110) . The amounts remaining after the deposits to the Alaska permanent 13 fund and the public school trust fund may be appropriated to the power cost 14 equalization and rural electric capitalization fund (AS 42.45.100). The amounts

01 remaining after any appropriation to the power cost equalization and rural 02 electric capitalization fund shall lapse into [; AND (3) THE REMAINDER TO] the 03 general fund for use by the state for the following facilities and services: 04  (A) planning; 05  (B) construction, maintenance, and operation of essential public 06 facilities; and 07  (C) other necessary public services. 08 * Sec. 2. AS 42.45.050(b) is amended to read: 09  (b) Subject to appropriation, the department shall transfer the balance of the 10 four dam pool transfer fund each month in accordance with this subsection. Subject 11 to appropriation , 12  (1) 60 [40] percent of the balance in the four dam pool transfer fund 13 shall be transferred to the power cost equalization and rural electric capitalization fund 14 to be used for power cost equalization and rural electric projects; and 15  (2) 40 percent of the balance in the four dam pool transfer fund shall 16 be transferred to the Southeast energy fund to be used for power projects for utilities 17 participating in the power transmission intertie between the Swan Lake and Tyee Lake 18 hydroelectric projects [; AND 19  (3) 20 PERCENT OF THE BALANCE IN THE FOUR DAM POOL 20 TRANSFER FUND SHALL BE TRANSFERRED TO THE POWER PROJECT FUND 21 TO BE USED FOR STATEWIDE UTILITY PROJECTS]. 22 * Sec. 3. AS 42.45.100(b) is amended to read: 23  (b) The fund shall be administered by the department as a fund distinct from 24 the other funds of the department. The fund is composed of 25  (1) money appropriated to provide power cost equalization to eligible 26 electric utilities and to provide grants for utility improvements; 27  (2) money appropriated from the National Petroleum Reserve - 28 Alaska special revenue fund under AS 37.05.530(g); 29  (3) gifts, bequests, and contributions from other sources; and 30  (4) [(2)] interest earned on the fund balance [THOSE 31 APPROPRIATIONS].

01 * Sec. 4. AS 42.45.110(b) is amended to read: 02  (b) An eligible electric utility is entitled to receive power cost equalization 03  (1) for sales of power to local community facilities, calculated in the 04 aggregate for each community served by the electric utility, for actual consumption of 05 not more than 70 kilowatt-hours per month for each resident of the community; the 06 number of community residents shall be determined under AS 29.60.020; and 07  (2) for actual consumption of not more than 500 [700] kilowatt-hours 08 per month sold to each residential customer [IN ALL CLASSES SERVED BY THE 09 ELECTRIC UTILITY EXCEPT 10  (A) CUSTOMERS OF THE UTILITY UNDER (1) OF THIS 11 SUBSECTION; AND 12  (B) CUSTOMERS THAT ARE STATE OR FEDERAL 13 OFFICES OR STATE OR FEDERAL FACILITIES OTHER THAN PUBLIC 14 SCHOOLS]. 15 * Sec. 5. AS 42.45.110(c) is amended to read: 16  (c) The amount of power cost equalization provided per kilowatt-hour under 17 subsection (b) of this section may not exceed 95 percent of the power costs, or the 18 average rate per eligible kilowatt-hour sold, whichever is less, as determined by the 19 commission. However, 20  (1) during the state fiscal year that began July 1, 1999 [JULY 1, 1993], 21 the power costs for which power cost equalization were paid to an electric utility were 22 limited to minimum power costs of more than 12 [9.5] cents per kilowatt-hour and less 23 than 52.5 cents per kilowatt-hour; 24  (2) during each following state fiscal year, the commission shall adjust 25 the power costs for which power cost equalization may be paid to an electric utility 26 based on the weighted average retail residential rate in Anchorage, Fairbanks, and 27 Juneau; however, the commission may not adjust the power costs under this 28 paragraph to reduce the amount below the lower limit set out in (1) of this 29 subsection; and 30  (3) the power cost equalization per kilowatt-hour may be determined 31 for a utility without historical kilowatt-hour sales data by using kilowatt-hours

01 generated. 02 * Sec. 6. AS 42.45.110(d) is amended to read: 03  (d) An electric utility whose customers receive power cost equalization under 04 AS 42.45.100 - 42.45.150 shall set out in its tariff the rates without the power cost 05 equalization and the amount of power cost equalization per kilowatt-hour sold. The 06 rate charged to the customer shall be the difference between the two amounts. Power 07 cost equalization paid under AS 42.45.100 - 42.45.150 shall be used to reduce the cost 08 of all power sold to local community facilities, in the aggregate, to the extent of 70 09 kilowatt-hours per month per resident of the community, and to reduce the cost of the 10 first 500 [700] kilowatt-hours per residential customer per month [FOR ALL OTHER 11 CLASSES SERVED BY THE ELECTRIC UTILITY EXCEPT STATE AND 12 FEDERAL OFFICES AND STATE AND FEDERAL FACILITIES OTHER THAN 13 PUBLIC SCHOOLS]. 14 * Sec. 7. AS 42.45.110(i) is amended to read: 15  (i) The department shall review the report required under (h) of this section. 16 After review and approval of the report, the department shall, subject to appropriation, 17 pay to each eligible electric utility an amount equal to the power cost equalization per 18 kilowatt-hour determined under (a) and (c) of this section, multiplied by the number 19 of kilowatt-hours eligible for power cost equalization that were sold during the 20 preceding month to all customers of the utility under (b) of this section. Payment shall 21 be made by the department within 30 days after receipt from the utility of the report 22 required under (h) of this section. If appropriations that have been made for the 23 purpose by July 1 of a fiscal year are insufficient for payment in full, the amount 24 paid to each electric utility shall be [IS] reduced on a pro rata basis. In making the 25 pro rata reductions required by this subsection, the department may not consider 26 any potential supplemental appropriation until the appropriation has been 27 enacted. 28 * Sec. 8. AS 42.45.120 is amended to read: 29  Sec. 42.45.120. Notice to customers. If an electric utility receives power cost 30 equalization under AS 42.45.100 - 42.45.150, the utility shall either give to its electric 31 service customers eligible under this program, for each period for which the payment

01 is received, 02  (1) the following notice: 03 NOTICE TO CUSTOMER 04  For the most recent monthly reporting period under the State of 05 Alaska's power cost equalization program, this utility's actual fuel 06 efficiency for your community was kilowatt-hours a gallon. The 07 applicable fuel efficiency standard set out in regulations for the power cost 08 equalization program is kilowatt-hours a gallon. 09  For the current billing period , the utility will be paid under the State of 10 Alaska's power cost equalization program (AS 42.45.100) to assist the utility 11 and its customers in reducing the high cost of generation of electric energy. 12 Your total electrical service cost $.......... 13 Less state equalization $.......... 14 Your charge $...........; or 15  (2) a notice approved by the department that provides electric service 16 customers the same information provided by the notice in (1) of this section. 17 * Sec. 9. This Act takes effect July 1, 1999.