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
                                                                                                                                
     CS FOR SENATE BILL NO. 280(RES)                                                                                            
     "An Act permitting grants to certain regulated public                                                                      
     utilities for water quality enhancement projects and water                                                                 
     supply and wastewater systems."                                                                                            
                                                                                                                                
                                                                                                                                
This was  the second  hearing for  this bill in  the Senate  Finance                                                            
Committee.                                                                                                                      
                                                                                                                                
SENATOR  GENE  THERRIAULT,  sponsor, reminded  that  questions  were                                                            
raised  during  the   previous  hearing  regarding  whether   grants                                                            
received could  be "charged off" to  rate-paying customers,  as well                                                            
whether  stockholders   of a  utility  would   benefit  from  grants                                                            
received in the event of the sale of that facility.                                                                             
                                                                                                                                
Senator  Therriault informed  the  Regulatory Commission  of  Alaska                                                            
(RCA) submitted  a letter  dated April 8,  2002 [copy on file]  that                                                            
clarifies  the matters  in that it  essentially  answers no to  both                                                            
questions.  He indicated  an  enclosed  graph further  explains  the                                                            
method in which rates are set.                                                                                                  
                                                                                                                                
Senator Hoffman asked if  36 communities participate in this program                                                            
                                                                                                                                
Senator  Therriault   stated  he  would  provide  a  list  of  those                                                            
communities.                                                                                                                    
                                                                                                                                
Senator   Austerman   referenced   the   first  paragraph   of   the                                                            
aforementioned letter that  states that the grant funds could not be                                                            
used  to  assess  the  new  value  through  the  utility;   however,                                                            
elsewhere the  letter states that  the value is set based  upon cash                                                            
flow. He suggested  this is a contradiction because  if the facility                                                            
were doubled  utilizing the  grant funds, the  cash flow would  also                                                            
double.                                                                                                                         
                                                                                                                                
Senator Therriault clarified  the cash flow is the rates the utility                                                            
is allowed  to charge and  that the RCA only  allows rates  based on                                                            
the private  capital contributed.  Therefore,  he explained  if more                                                            
customers   were  served,  but  the   private  investment   was  not                                                            
increased,  the  RCA would  require  the  rates  to be  lowered.  He                                                            
furthered  that the  purchaser,  in the  event  of the  sale of  the                                                            
utility, would  examine the cash flow, which would  be based only on                                                            
the private investment.  He pointed out that the purchaser would not                                                            
pay for the "transparent  assets" because those assets  could not be                                                            
recouped.  He emphasized  that the  RCA is directed  to require  the                                                            
utility to charge  rates only to cover the actual  debt and to allow                                                            
for "an ongoing economic enterprise".                                                                                           
                                                                                                                                
Co-Chair  Kelly  understood  that  a  purchaser  would  establish  a                                                            
capitalization  rate, which would "ultimately be tied  to the dollar                                                            
amount" customers  could be charged. He explained  that if the grant                                                            
revenues  could not  be charged  back to  the customers,  the  grant                                                            
funds invested  in the expansion  of the  utility would never  "flow                                                            
back"  and be  available  for reinvestment  in  the  business or  as                                                            
profit.                                                                                                                         
                                                                                                                                
Senator  Therriault affirmed  and  reiterated that  the transparent                                                             
asset,  which is  the "product  of the  grant" could  not be  "built                                                            
into" the rates.                                                                                                                
                                                                                                                                
Co-Chair  Kelly furthered  this is  despite an  increased number  of                                                            
customers.                                                                                                                      
                                                                                                                                
Senator  Austerman  understood  the  utility  could double  in  size                                                            
although  the rate  structure could  not be  increased. However,  he                                                            
asserted that because the  facility has doubled, the cash flow would                                                            
increase  because of the  increased number  of customers paying  the                                                            
existing rate structure.                                                                                                        
                                                                                                                                
Senator Therriault  responded the  RCA would require the  utility to                                                            
reduce  the   rates  so  individual   ratepayers  rather   than  the                                                            
shareholders who  have not increased their investment  would realize                                                            
the benefit of the grant.                                                                                                       
                                                                                                                                
Senator Therriault  again referenced  the letter, pointing  out that                                                            
if a utility  is sold, at  the time of the  facility's overall  rate                                                            
review,  the RCA  is directed  by statute  to establish  a new  rate                                                            
based  on the  purchase  price or  the  "book value",  whichever  is                                                            
lower. He  defined book value  as that portion  of the capital  that                                                            
was contributed  by private  industry. Therefore,  he noted,  if the                                                            
purchaser buys the facility  at an amount lower than the book value,                                                            
the RCA  would  require rates  based on  the "good  deal"  obtained;                                                            
however,  he noted if the  purchase overpaid  for the facility,  the                                                            
RCA would only  allow a rate structure based on the  private capital                                                            
investment.  He suggested  that an overpayment of a utility could be                                                            
rejected  by  the RCA  if it  determines  the  utility  would be  an                                                            
"unworkable business operation."                                                                                                
                                                                                                                                
Senator Leman  clarified that operation  expenses resulting  from an                                                            
expansion are  recoverable, although  capital expansion costs  could                                                            
not be recuperated.                                                                                                             
                                                                                                                                
Co-Chair  Donley asked what  would happen if  a utility went  out of                                                            
business and the assets were liquidated.                                                                                        
                                                                                                                                
Senator  Therriault  replied  that most  assets  are "pipes  in  the                                                            
ground",  and that only a  utility operator  would be interested  in                                                            
purchasing them.                                                                                                                
                                                                                                                                
Senator Hoffman asked about property owned by the utility.                                                                      
                                                                                                                                
Senator Therriault answered  that the utility does not generally own                                                            
the  land where  pipes  are  located.  He doubted  grants  would  be                                                            
awarded  for  the   construction  of  office  buildings   and  other                                                            
facilities not directly related to actual utility delivery.                                                                     
                                                                                                                                
Senator Ward  and Senator Therriault  next discussed privatization,                                                             
competition and a monopoly.                                                                                                     
                                                                                                                                
Senator  Therriault  stated  the  utilities  are  regulated  service                                                            
providers.                                                                                                                      
                                                                                                                                
Senator Ward  suggested that if established  utilities were  awarded                                                            
these  grants, there  would be  no possibility  of another  operator                                                            
entering the market and competing to provide the services.                                                                      
                                                                                                                                
Senator   Therriault   informed  there   is  no   prohibition   from                                                            
undertaking  the  process to  start  competition and  qualifying  to                                                            
receive the grants.  He predicted this would not occur  because this                                                            
legislation only  applies to water and sewer utilities  and the rate                                                            
base could only "support so much".                                                                                              
                                                                                                                                
Senator  Hoffman asked  if other  utility providers  benefit from  a                                                            
similar grant program.                                                                                                          
                                                                                                                                
Senator  Therriault answered  that some  electric utility  providers                                                            
participate in a grant program.                                                                                                 
                                                                                                                                
Senator Leman clarified these are cooperative utility companies.                                                                
                                                                                                                                
Senator Hoffman specified privately owned utility companies.                                                                    
                                                                                                                                
Senator Austerman commented  he would not oppose reporting this bill                                                            
from  Committee  although  he was  not  convinced  to vote  for  its                                                            
passage from the Senate.                                                                                                        
                                                                                                                                
Senator  Leman   moved  to  "report  SB  280  from  Committee   with                                                            
individual recommendations  and I don't agree with the fiscal notes,                                                            
I'll read them, move them  along and recommend appropriate action be                                                            
taken at the time when fiscal notes are passed."                                                                                
                                                                                                                                
Senator Ward  objected to comment  on separate legislation  that was                                                            
passed from a  different committee with "an understanding  that when                                                            
they bought it they knew  what they were getting. And I allowed that                                                            
one to go back. I certainly  am going to remove my objection and let                                                            
this one go out at this  time, but I just want the Committee to know                                                            
when people  buy stuff, and they know  what they're buying,  I think                                                            
that's a pretty  fair indication as to they're sophisticated  buyers                                                            
and then  to come back  in either  case and ask  the public  to then                                                            
change the  agreement to  purchase I  think that  there has to  be a                                                            
clear public purpose  in there. And I'm not saying  that there isn't                                                            
in this case and  the previous one, but I'm not quite  there where I                                                            
see it yet."                                                                                                                    
                                                                                                                                
Senator Ward removed his  objection to the motion to report the bill                                                            
from Committee.                                                                                                                 
                                                                                                                                
Senator Leman WITHDREW  his motion to report the bill from Committee                                                            
at the request  of Co-Chair Kelly for the purpose  of addressing the                                                            
fiscal note.                                                                                                                    
                                                                                                                                
Co-Chair  Kelly moved to  adopt a forthcoming  zero fiscal  note for                                                            
the Department of Environmental Conservation.                                                                                   
                                                                                                                                
There was no objection and a new fiscal note was ADOPTED.                                                                       
                                                                                                                                
Senator Leman re-offered  his motion "with the revised fiscal note."                                                            
                                                                                                                                
Senator  Wilken informed  that he  owns ten percent  of the  utility                                                            
this  legislation   specifically  would  impact.     He  stated  the                                                            
ratepayers  would benefit  from  this bill,  as savings  from  lower                                                            
operating  costs would  be passed  along to the  customers. He  also                                                            
noted that  Fairbanks Water  and Sewer is  one of the first  private                                                            
utility operators in the  United States, and therefore the processes                                                            
are new. He supported this legislation.                                                                                         
                                                                                                                                
Senator Hoffman  agreed with Senator  Wilken's assessment,  which is                                                            
why he asked about the  possibility of privatized electric utilities                                                            
participating in a grant  program. He surmised if all utilities were                                                            
funded with grants,  operating costs would be reduced,  resulting in                                                            
less dependence on the Power Cost Equalization (PCE) program.                                                                   
                                                                                                                                
Co-Chair  Donley  commented  that to  be  successful rates  must  be                                                            
reduced. He spoke  of the Anchorage Water and Sewer  utility and the                                                            
lower percentage of per  capita financial assistance it has received                                                            
over ten years compared to other areas of the State.                                                                            
                                                                                                                                
Senator Hoffman  again requested the  list of utilities.  He pointed                                                            
out his  water and sewer  expenses in Bethel  of approximately  $270                                                            
per month are  considerably higher than that of any  other Committee                                                            
member.                                                                                                                         
                                                                                                                                
There was  no objection  and CS  SB 280 (RES)  MOVED from  Committee                                                            
with a  zero fiscal  note written  by the Senate  Finance  Committee                                                            
4/10/02 for the Department of Environmental Conservation.                                                                       
                                                                                                                                

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