Legislature(1995 - 1996)

04/23/1996 08:45 AM Senate FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
                                                                               
  SENATE BILL NO. 284                                                          
                                                                               
       An Act relating to the four  dam pool transfer fund and                 
       the power development fund.                                             
                                                                               
                                                                               
  Co-chairman Frank  directed that  SB 284  be brought  on for                 
  discussion.  RANDY  SIMMONS came before committee  on behalf                 
  of the  Alaska Industrial Development  and Export  Authority                 
  and  was accompanied  by  KEITH  LAUFER, Assistant  Attorney                 
  General, Governmental Affairs  Section, Dept.  of Law.   Mr.                 
  Simmons explained that  the proposed bill would  allow AIDEA                 
  or AEA  to issue bonds  to make repairs  to two of  the four                 
  projects which comprise the four dam pool.  Repairs would be                 
  made to  the Tyee  Lake project  (which serves Wrangell  and                 
  Petersburg)  and  the  Terror  Lake  project  (which  serves                 
  Kodiak).  Five utilities presently operate the four projects                 
  (owned by  AEA) through  a long-term  power sales  agreement                 
  with AEA.  Under  that power sales agreement, the  state has                 
  certain obligations which include  making major repairs  per                 
  the proposed bill.  The utilities have an obligation to:                     
                                                                               
       1.   Make  payments that  cover  debt services  on  the                 
  projects.                                                                    
            (Payments range  between $8  and  $11 million  per                 
  year.)                                                                       
                                                                               
       2.   Cover   day-to-day   operational   costs  of   the                 
  projects.                                                                    
                                                                               
  Under  1993  legislation  (AS 42.45.050),  amounts  paid  by                 
  utilities on debt service are pre-appropriated:                              
                                                                               
       40% to PCE                                                              
       40% to the Southeast Intertie                                           
       20% to the power development fund within the Dept. of                   
           Community and  Regional Affairs for  small projects                 
  and                                                                          
           grants.                                                             
                                                                               
  The  proposed bill  addresses approximately  $17  million of                 
  repairs to the  Tyee Lake Intertie.   Over the last  several                 
  years,  that  intertie has  been  out  of service  on  three                 
  different  occasions,  cutting  off power  from  the  dam to                 
  communities.  The  $3.5 million relates  to the Terror  Lake                 
  tunnel.  To meet  contractual obligations, AEA can make  the                 
  repairs in one of three ways:                                                
                                                                               
       1.   A capital appropriation                                            
       2.   Through the issue of bonds                                         
       3.   Allow utilities  to use  "self-help" rights  under                 
  the power           sales agreement.                                         
                                                                               
  The third option  allows utilities to withhold  debt service                 
  payments if the state  does not meet its obligations.   Last                 
  year,  the  state started  repairs.   Utilities  withheld $4                 
  million "to get  the engineering  done."   A limited  "self-                 
  help" arrangement was thus in effect last year.                              
                                                                               
                                                                               
  Two things must occur before AEA may issue the needed bonds:                 
                                                                               
       1.   Utilities  must agree  to limit  their "self-help"                 
  rights         for the amount of bond payments.  Mr. Simmons                 
                 cited an  example of how the  agreement would                 
                 work.  He  said that if bond  repayment costs                 
                 total $5 million of the debt service now paid                 
                 by utilities,  the utilities have  agreed not                 
                 to exercise "self-help"  withholdings against                 
                 that  $  5  million.    It  is  necessary  to                 
                 guarantee a stream of repayment on the  bonds                 
                 in order to sell them in the market.                          
                                                                               
       2.   A  guaranteed revenue  stream  must be  available.                 
  Since          present  debt  service   payments  are   pre-                 
                 appropriated by statute, AEA must ensure that                 
                 it  receives  a  portion  of  that  for  bond                 
                 payments.                                                     
                                                                               
  The propose bill  changes the  40/40/20 allocation to  allow                 
  AEA  first  priority on  debt  service payments.   Remaining                 
  amounts will then be allocated per the 40/40/20 arrangement.                 
  The  bill  also says  that AEA  cannot  issue the  bonds for                 
  longer than eight years.   That ensures a rough  estimate of                 
  bond  payments of $4.3  to $4.6 million  a year.   The total                 
  cost of the bond issue is approximately $35 million.                         
                                                                               
  Under the foregoing  change, PCE and the  Southeast Intertie                 
  will not receive  $1.8 million a  year, each, and the  power                 
  development fund will not receive  $900.0, annually, for the                 
  term of  the eight-year bonds.  Per  current allocations, if                 
  $11 million in debt  service is paid, PCE and  the Southeast                 
  Interties  receive $4.4  million and  the power  development                 
  fund receives  $2.2 million.   Mr.  Simmons reiterated  that                 
  annual debt  service payments range  from $8 million  to $11                 
  million, depending upon the amount of power purchased.  Last                 
  year payments totaled $10.5 million.                                         
                                                                               
  If the proposed bill does  not pass, utilities are  expected                 
  to  utilize  their  "self-help" rights.    Discussions  with                 
  utilities are ongoing regarding how repairs would be made if                 
  they proceed per "self-help" rights.   AEA believes it could                 
  make the repairs  within two  years.  If  the utilities  use                 
  "self help" for two years, no  moneys would flow to PCE, the                 
  Southeast  Intertie,  or  power development.    Mr.  Simmons                 
  further advised that  at the time  the bonding approach  was                 
  undertaken, the state was in  negotiations with utilities to                 
  buy the dams.  AEA  hoped to return to the  legislature next                 
  year with a  long-term solution,  divesting the projects  to                 
  utilities or  other parties.   While bonding would  cost the                 
  state an additional  $13 million for financing,  no payments                 
  would be made for a year or  two, and it would allow AEA  to                 
  come  back  to the  legislature  with a  long-term solution.                 
  Negotiations broke down  soon after  SB 284 was  introduced.                 
                                                                               
                                                                               
  AEA no longer  has high hopes  a long-term solution will  be                 
  forthcoming  next  year,  but  it  will continue  to  pursue                 
  divesting to the utilities or other parties.  The intent was                 
  to maintain  the revenue stream for a  two-year period until                 
  another solution could be found.                                             
                                                                               
  Senator  Rieger  suggested that  the proper  thing to  do is                 
  allow  the utilities to invoke their  "self-help" rights.  A                 
  transfer of  all projects  to the utilities  is in  process.                 
  The  capital  budget  contains  a  request  for  funding  to                 
  facilitate the transfer.  An additional bond issue will only                 
  complicate the situation.                                                    
                                                                               
  In response to  additional comments  by Senator Rieger,  Mr.                 
  Simmons advised that AEA will  make the repairs under either                 
  the "self-help" or  bond scenario.  Utilities  will withhold                 
  the payments and transfer the moneys to AEA.  The state owns                 
  the  projects,  and  it  is  the state's  responsibility  to                 
  oversee repairs.                                                             
                                                                               
  As further support for bonding over "self-help," Mr. Simmons                 
  expressed a reluctance to "tie up these other entities  such                 
  as PCE, the Southeast  Intertie, and all the small  projects                 
  that are being done by DCRA."                                                
                                                                               
  Mr. Simmons referenced recent correspondence from  utilities                 
  inquiring  about the  possibility of  resuming negotiations.                 
  AEA replied that it would be "happy  to go back to the table                 
  but both sides  are going to  have to move somewhat  because                 
  we're so far apart on the  purchase price . . . ."   AEA is,                 
  at the present time, "getting ready for full self-help."                     
                                                                               
  In response  to a question  from Senator Sharp,  Mr. Simmons                 
  explained  that  the  proposed bill  would  not  exclude any                 
  option.   It does set  AEA on a  course where it  would most                 
  likely  "do the  bonding."   It  would be  better to  make a                 
  decision at  this time  whether to  utilize bonding or  full                 
  "self-help."                                                                 
                                                                               
  Senator Sharp  voiced his belief that it  appears cheaper to                 
  utilize the "self-help" approach.  He acknowledged that PCE,                 
  the  Southeast  Intertie,  and  power development  would  be                 
  severely impacted  the first  two years,  but that  approach                 
  might be preferable to eight-year bonds.                                     
                                                                               
  Responding to  a further  question from  Senator Sharp,  Mr.                 
  Simmons advised that  while in negations with  utilities, it                 
  was anticipated that divesture could  be worked out so  that                 
  utilities could assume the bonds if they chose to do so, or,                 
  in  the  alternative,  not  take  on  the  bonds.    Further                 
  discussion of divesture negotiations followed.   Mr. Simmons                 
  advised that  PCE and  Southeast Intertie  funding were  not                 
  part of the negotiations.                                                    
                                                                               
                                                                               
  Additional discussion followed concerning existing statutory                 
  authority for repairs and yearly maintenance.                                
                                                                               
  Senator  Zharoff  inquired  concerning potential  litigation                 
  from four dam pool  members.  Mr. Simmons attested to a past                 
  agreement with utilities to limit  "self-help" to $2 million                 
  to commence the  engineering process.   That agreement  fell                 
  through,  and  the utilities  filed  suit and  employed full                 
  "self-help" rights, withholding  all moneys last year.   AEA                 
  achieved an agreement  with the utilities for  a withholding                 
  of $4 million from last year's payment to start engineering,                 
  with the understanding that the  state would work with  them                 
  toward divesture and accomplishment of repairs.  That is how                 
  the proposed bill  developed.   If the bill  does not  pass,                 
  full "self help" will be implemented.                                        
                                                                               
  Senator Sharp inquired regarding  the remaining balance owed                 
  on the projects.  Mr. Simmons  said that, depending upon the                 
  discount value used, the present value of debt service today                 
  is "roughly $165 to $170 million."   The actual principal is                 
  $180 million.  That  amount was part of the  negotiations on                 
  the sale price.   Liabilities  associated with the  projects                 
  are subtracted  from the present  value of the  debt service                 
  payment.                                                                     
                                                                               
  In the course of further discussions, Mr. Simmons  said that                 
  the problem with the  agreement signed by the state  is that                 
  the amount of money  set aside yearly to provide  repairs is                 
  wholly inadequate.  Utilities put aside approximately $500.0                 
  a year.  That does not come close to meeting repair costs.                   
                                                                               
  [Co-chairman Halford  assumed the chair at this point in the                 
  meeting.]                                                                    
                                                                               
  Senator Sharp MOVED that CSSB 284 (Res) pass  from committee                 
  with individual recommendations.  Senator Rieger said he did                 
  not believe that  bill was moving  in the right  directions.                 
  He  advised  that  he  would not  object  to  movement  from                 
  committee, but he would sign "do  not pass" on the committee                 
  report.   Co-chairman  Halford called for  a show  of hands.                 
  The motion CARRIED on  a vote of 5 to 2, and  CSSB 284 (Res)                 
  was REPORTED  OUT of committee  with zero fiscal  notes from                 
  the Dept. of  Community and  Regional Affairs  and Dept.  of                 
  Commerce  and Economic Development.   Senator Zharoff signed                 
  the committee report  with a "do pass" recommendation.   Co-                 
  chairmen Halford  and Frank and  Senators Donley,  Phillips,                 
  and Sharp signed "no recommendation."  Senator Rieger signed                 
  "do not pass."                                                               
                                                                               

Document Name Date/Time Subjects