Legislature(2001 - 2002)

04/10/2002 09:44 AM Senate FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                                                                                                                                
     SENATE BILL NO. 185                                                                                                        
     "An Act relating  to the basis for determining  eligibility for                                                            
     and  the  amount  of  power  cost  equalization  payments;  and                                                            
     providing for an effective date."                                                                                          
                                                                                                                                
                                                                                                                                
This was the third hearing for this bill in the Senate Finance                                                                  
Committee. CS SB 185, 22-LS0465\U, was drafted to incorporate                                                                   
amendments adopted at the previous hearing.                                                                                     
                                                                                                                                
AT EASE 11:05 AM / 11:06 AM                                                                                                     
                                                                                                                                
Amendment #2: This amendment inserts a new bill section on page 1,                                                              
following line 11 of the committee substitute to read as follows.                                                               
                                                                                                                                
     Sec. 2. AS 42.45.100(a) is amended to read:                                                                                
          (a) The power cost equalization and rural electric                                                                    
     capitalization  fund is established as a separate  fund for the                                                            
     purpose of                                                                                                                 
                (1) equalizing power cost per kilowatt-hour                                                                     
     statewide  at a cost close to or equal to the  mean of the cost                                                          
     per  kilowatt-hour  in  Anchorage,  Fairbanks,  and  Juneau  by                                                            
     paying  money from the fund to  eligible electric utilities  in                                                            
     the state; and                                                                                                             
                (2) making grants to eligible utilities under AS                                                                
     42.45.180 to improve the performance of the utility.                                                                       
                                                                                                                                
This amendment also inserts a new bill section on page 2, following                                                             
line 10 of the committee substitute to read as follows.                                                                         
                                                                                                                                
     Sec. 4. AS 42.45.110(b) is amended to read:                                                                                
          (b) An eligible electric utility is entitled to receive                                                               
     power cost equalization                                                                                                    
                (1) for sales of power to local community                                                                       
     facilities,  calculated  in the  aggregate  for each  community                                                            
     served by  the electric utility, for actual consumption  of not                                                            
     more than 70 kilowatt-hours  per month for each resident of the                                                            
     community;   the  number   of  community   resident  shall   be                                                            
     determined under AS 29.60.020; and                                                                                         
                (2) for actual consumption of not more than 500                                                               
     kilowatt-hours per  month sold to each residential customer [OF                                                          
     NOT MORE THAN                                                                                                              
                     (A) 450 KILOWATT-HOURS PER MONTH FOR THE MONTHS                                                            
          OF OCTOBER THROUGH MARCH, AND                                                                                         
                     (B) 350 KILOWATT-HOURS PER MONTH FOR THE MONTHS                                                            
          OF APRIL THROUGH SEPTEMBER].                                                                                          
                                                                                                                                
This amendment also inserts a new bill section on page 3, following                                                             
line 4 of the committee substitute to read as follows.                                                                          
                                                                                                                                
     Sec. 6. AS 42.45.110(c) is amended to read:                                                                                
          (c) The amount of power cost equalization provided per                                                                
     kilowatt-hour  under  (b) of  this section  may  not exceed  95                                                            
     percent  of the power costs,  or the average rate per  eligible                                                            
     kilowatt-hour  sold, whichever  is less,  as determined  by the                                                            
     commission. However,                                                                                                       
                (1) during the state fiscal year that began July 1,                                                             
     1999,  the power cost  for which power  cost equalization  were                                                            
     paid  to an  electric  utility were  limited  to minimum  power                                                            
     costs  of more than  12 cents per kilowatt-hour  and less  than                                                            
     52.2 cents per kilowatt-hour;                                                                                              
                (2) during the state fiscal years beginning July 1,                                                           
     2007, and  each following state fiscal year [JULY  1, 2000, AND                                                          
     JULY 1, 2001], the  commission shall adjust the power costs for                                                            
     which  power  cost equalization  may  be  paid to  an  electric                                                            
     utility based  on the weighted average retail  residential rate                                                            
     in Anchorage,  Fairbanks, and  Juneau; however, the  commission                                                            
     may not adjust  the power costs under this paragraph  to reduce                                                            
     the  amount  below the  lower  limit  set out  in  (1) of  this                                                            
     subsection; and                                                                                                          
                (3) DURING EACH FOLLOWING STATE FISCAL YEAR, THE                                                                
     COMMISSION  SHALL ADJUST THE  POWER COSTS FOR WHICH  POWER COST                                                            
     EQUALIZATION  MAY BE PAID TO AND ELECTRIC UTILITY  BASED ON THE                                                            
     WEIGHTED   AVERAGE  RETAIL  RESIDENTIAL   RATE  IN   ANCHORAGE,                                                            
     FAIRBANKS,   AND  JUNEAU,  PER   KILOWATT-HOUR  FOR   SALES  TO                                                            
     RESIDENTIAL  CUSTOMERS  OF 400  KILOWATT-HOURS  PER MONTH;  THE                                                            
     COMMISSION MAY NOT  ADJUST THE POWER COSTS UNDER THIS PARAGRAPH                                                            
     TO REDUCE  THE AMOUNT BELOW 16.75 CENTS PER KILOWATT-HOUR;  AND                                                            
                (4)] the power cost equalization per kilowatt-hour                                                              
     may be  determined for a utility  without historical  kilowatt-                                                            
     hour sales data by using kilowatt-hours generated.                                                                         
                                                                                                                                
This amendment also inserts a new bill section on page 3, following                                                             
line 16 of the committee substitute to read as follows.                                                                         
                                                                                                                                
     Sec. 8. AS 42.45.110(d) is amended to read:                                                                                
          (d) An electric utility whose customers receive power                                                                 
     cost equalization  under AS 42.45.100 - 42.45.150 shall set out                                                            
     in its  tariff the  rates without the  power cost equalization                                                             
     and  the amount of  power cost equalization  per kilowatt-hour                                                             
     sold. The rate charged  to the customer shall be the difference                                                            
     between the two amounts.  Power cost equalization paid under AS                                                            
     42.45.100  - 42.45.150 shall be used to reduce  the cost of all                                                            
     power sold to local  community facilities, in the aggregate, to                                                            
     the extent  of 70 kilowatt-hours per month per  resident of the                                                            
     community,   and to  reduce   the cost   [TO EACH  RESIDENTIAL                                                             
     CUSTOMER]  of the first 500 [NOT MORE THAN 450]  kilowatt-hours                                                          
     per residential  customer per month [FOR THE  MONTHS OF OCTOBER                                                            
     THROUGH MARCH,  AND NOT MORE THAN 350 KILOWATT-HOURS  PER MONTH                                                            
     FOR THE MONTHS OF APRIL THROUGH SEPTEMBER].                                                                                
                                                                                                                                
     New Text Underlined [DELETED TEXT BRACKETED]                                                                             
                                                                                                                                
Co-Chair Donley moved for adoption.                                                                                             
                                                                                                                                
The amendment was ADOPTED without objection.                                                                                    
                                                                                                                                
Co-Chair  Donley moved  "the Finance  Committee version  for SB  185                                                            
from Committee  with accompanying  Senate  Finance Committee  fiscal                                                            
note."                                                                                                                          
                                                                                                                                
Senator  Wilken objected  to make  a comment  regarding discussions                                                             
held on  the matter  of funding  the Power  Cost Equalization  (PCE)                                                            
program  in  the  Committee  during  the years  1999  and  2000.  He                                                            
referenced  Senate Finance  Committee  minutes from  April 13,  2000                                                            
[copy on  file], whereby  former Committee  member Senator  Al Adams                                                            
indicated  intent that  National  Petroleum  Reserve-Alaska  (NPR-A)                                                            
funds  would be  divided  between  the permanent  fund,  the  school                                                            
public trust fund  and the PCE fund. Senator Wilken  remembered that                                                            
Senator  Adams promised  to  convince villages  in  the North  Slope                                                            
Borough  to  "relinquish"  claim to  the  NPR-A  funds in  order  to                                                            
benefit PCE.                                                                                                                    
                                                                                                                                
Senator Wilken  reminded that at the previous hearing  on this bill,                                                            
he  had asserted  that  the projects  funded  with NPR-A  funds  are                                                            
"essentially  fluff  projects".   He  referenced  a  list  of  eight                                                            
projects  funded with $1.79  million of NPR-A  funds [copy  on file]                                                            
and  surmised they  were  not necessitated  by  the  impacts of  oil                                                            
development.                                                                                                                    
                                                                                                                                
Senator  Wilken noted  that  in other  boroughs in  Alaska,  similar                                                            
projects are instead funded  with borough funds. He predicted if the                                                            
communities  that currently receive  NPR-A funds for these  projects                                                            
were to  forgo receiving  the funds,  that the  North Slope  Borough                                                            
would provide funds to undertake the projects.                                                                                  
                                                                                                                                
Senator Wilken  asserted that the  promise made in the year  2000 is                                                            
still pertinent  and the Committee should attempt  to convince those                                                            
villages to  authorize use of the  NPR-A funds for the PCE  program.                                                            
                                                                                                                                
Senator Hoffman countered  that the statements made during the April                                                            
2000 meeting related  to an amendment containing standard  budgetary                                                            
language.  This language,  he explained,  clarified  that the  NPR-A                                                            
funds would  be divided  to the  permanent fund,  the public  school                                                            
trust fund  and the  PCE fund according  to a  formula. He  stressed                                                            
there is a priority for  the allocation of the funds, which has been                                                            
practiced accordingly.                                                                                                          
                                                                                                                                
Senator  Wilken removed  his objection  to reporting  the bill  from                                                            
Committee.                                                                                                                      
                                                                                                                                
Senator Austerman  understood the NPR-A funds are  federal funds and                                                            
that established criteria  in federal law provides how they could be                                                            
spent. He was  unsure how state statutes could overrule  the federal                                                            
law on this matter.                                                                                                             
                                                                                                                                
Senator  Wilken described  how the  federal government  collects  50                                                            
percent  of NPR-A  production funds  with the  remaining 50  percent                                                            
"for the benefit of the  people of Alaska." He continued that of the                                                            
50 percent  allocated  for  Alaska, one-half  is  guaranteed to  the                                                            
North Slope Borough. He  detailed the State's ability to appropriate                                                            
the remaining 25 percent.                                                                                                       
                                                                                                                                
Co-Chair Kelly ruled the  discussion about the impact of NPR-A funds                                                            
is out of order due to the motion on the table.                                                                                 
                                                                                                                                
Without objection  CS SB 185 (FIN)  with a zero fiscal note  for the                                                            
Department  of Community and Economic  Development, authored  by the                                                            
Senate Finance Committee 4/2/02, MOVED from Committee.                                                                          
                                                                                                                                
Senator Austerman realized  the issue of NPR-A fund appropriation is                                                            
"a thorn in  the side" of some Committee  members. He predicted  the                                                            
discussion  would continue  as to Senator  Adam's assertions  unless                                                            
the statute  is changed. He listed  other issues instituted  by past                                                            
legislatures,  including grain  elevators  in the Matanuska-Susitna                                                             
Valley  and the  rocket  launch  facility  in Kodiak.  He  suggested                                                            
reaching a resolution on the PCE matter.                                                                                        
                                                                                                                                

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