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CSSB 157(FIN): "An Act relating to the maximum annual regulatory cost charge collected from certain regulated public utilities and pipeline carriers and to public utility liability associated with operating certain transmission lines under a Regulatory Commission of Alaska order for joint use and interconnection; and providing for an effective date."

00 CS FOR SENATE BILL NO. 157(FIN) 01 "An Act relating to the maximum annual regulatory cost charge collected from certain 02 regulated public utilities and pipeline carriers and to public utility liability associated 03 with operating certain transmission lines under a Regulatory Commission of Alaska 04 order for joint use and interconnection; and providing for an effective date." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 42.05.254(a) is amended to read: 07 (a) A regulated public utility operating in the state shall pay to the commission 08 an annual regulatory cost charge in an amount not to exceed the maximum percentage 09 of adjusted gross revenue that applies to the utility sector of which the utility is a part. 10 The regulatory cost charges that the commission expects to collect from all regulated 11 utilities may not exceed the sum of the following percentages of the total adjusted 12 gross revenue of all regulated public utilities derived from operations in the state: (1) 13 not more than .9 [.7] percent to fund the operations of the commission, and (2) not 14 more than .17 percent to fund operations of the public advocacy function under

01 AS 42.04.070(c) and AS 44.23.020(e) within the Department of Law. An exempt 02 utility shall pay the actual cost of services provided to it by the commission. 03 * Sec. 2. AS 42.05.254(a) is amended to read: 04 (a) A regulated public utility operating in the state shall pay to the commission 05 an annual regulatory cost charge in an amount not to exceed the maximum percentage 06 of adjusted gross revenue that applies to the utility section of which the utility is a part. 07 The regulatory cost charges that the commission expects to collect from all regulated 08 utilities may not exceed the sum of the following percentages of the total adjusted 09 gross revenue of all regulated public utilities derived from operations in the state: (1) 10 not more than .7 [.9] percent to fund the operations of the commission, and (2) not 11 more than .17 percent to fund operations of the public advocacy function under 12 AS 42.04.070(c) and AS 44.23.020(e) within the Department of Law. An exempt 13 utility shall pay the actual cost of services provided to it by the commission. 14 * Sec. 3. AS 42.05.311 is amended by adding a new subsection to read: 15 (d) A public utility that is ordered by the commission to provide joint use and 16 interconnection of a transmission line associated with the continued operation of a 17 transmission line owned by the Alaska Energy Authority is not liable for any damages 18 to the extent that those damages are caused by the operation of a transmission line by 19 the public utility under a commission order requiring the operation of a transmission 20 line at a voltage that 21 (1) exceeds the original design standards of the transmission line; or 22 (2) violates the applicable standards of the National Electrical Safety 23 Code. 24 * Sec. 4. AS 42.06.286(a) is amended to read: 25 (a) A pipeline carrier operating in the state shall pay to the commission an 26 annual regulatory cost charge in an amount not to exceed the sum of the following 27 percentages of gross revenue derived from operations in the state: (1) not more than .9 28 [.7] percent to fund the operations of the commission, and (2) not more than .17 29 percent to fund operations of the public advocacy function under AS 42.04.070(c) and 30 AS 44.23.020(e) within the Department of Law. A regulatory cost charge may not be 31 assessed on pipeline carrier operations unless the operations are within the jurisdiction

01 of the commission. 02 * Sec. 5. AS 42.06.286(a) is amended to read: 03 (a) A pipeline carrier operating in the state shall pay to the commission an 04 annual regulatory cost charge in an amount not to exceed the sum of the following 05 percentages of gross revenue derived from operations in the state: (1) not more than .7 06 [.9] percent to fund the operations of the commission, and (2) not more than .17 07 percent to fund operations of the public advocacy function under AS 42.04.070(c) and 08 AS 44.23.020(e) within the Department of Law. A regulatory cost charge may not be 09 assessed on pipeline carrier operations unless the operations are within the jurisdiction 10 of the commission. 11 * Sec. 6. The uncodified law of the State of Alaska is amended by adding a new section to 12 read: 13 RETROACTIVITY. The provisions of AS 42.05.311(d) enacted by sec. 3 of this Act, 14 apply retroactively to any claim based on damages caused by the operation of a transmission 15 line operated under an order of the commission as described in that subsection that is dated on 16 or after December 1, 2004. 17 * Sec. 7. Sections 1 and 4 of this Act take effect July 1, 2005. 18 * Sec. 8. Sections 2 and 5 of this Act take effect July 1, 2008. 19 * Sec. 9. Section 3 and 6 of this Act take effect immediately under AS 01.10.070(c).