Legislature(2013 - 2014)BELTZ 105 (TSBldg)

04/03/2014 03:30 PM Senate LABOR & COMMERCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Time Change --
+ HB 32 LINES OF BUSINESS ON BUSINESS LICENSE TELECONFERENCED
Heard & Held
+ HB 276 MOTOR VEHICLE DEALER EMPLOYEES TELECONFERENCED
Heard & Held
+ HB 234 EXTEND REGULATORY COMMISSION OF ALASKA TELECONFERENCED
Heard & Held
Bills Previously Heard/Scheduled
         HB 234-EXTEND REGULATORY COMMISSION OF ALASKA                                                                      
                                                                                                                                
3:50:56 PM                                                                                                                    
CHAIR  DUNLEAVY   reconvened  the   meeting  and   announced  the                                                               
consideration of HB  234. "An Act extending  the termination date                                                               
of  the Regulatory  Commission of  Alaska; and  providing for  an                                                               
effective date." This was the first hearing.                                                                                    
                                                                                                                                
3:51:12 PM                                                                                                                    
REPRESENTATIVE  MIKE  HAWKER  Alaska State  Legislature,  Juneau,                                                               
Alaska, as  joint prime sponsor,  stated that HB 234  extends the                                                               
termination  date of  the Regulatory  Commission of  Alaska (RCA)                                                               
from June 30,  2014 to June 30, 2022. The  Legislative Budget and                                                               
Audit Agency  conducted an audit  and recommended  the eight-year                                                               
reauthorization consistent with the  findings that the agency has                                                               
been operating in  an efficient and effective  manner. He pointed                                                               
out  that the  appendixes to  the  audit include  ratings by  the                                                               
stakeholders that  demonstrate overwhelming support for  how well                                                               
the agency is  functioning. The analysis on page 31  of the audit                                                               
shows that the regulatory cost  charges are sufficient to support                                                               
the RCA's operations.  He concluded that what the  RCA needs more                                                               
than anything else is long term  future stability and that is the                                                               
reason for the recommendation for an eight-year extension.                                                                      
                                                                                                                                
CHAIR DUNLEAVY asked if the fiscal note has changed.                                                                            
                                                                                                                                
REPRESENTATIVE  HAWKER explained  that it's  the original  fiscal                                                               
note  that   shows  receipts,  primarily  from   regulatory  cost                                                               
charges, of about $9 million per  year. The other charges are I/A                                                               
and CIP receipts that are essentially fees for services.                                                                        
                                                                                                                                
3:53:46 PM                                                                                                                    
KRIS  CURTIS, Legislative  Auditor,  Legislative Audit  Division,                                                               
Legislative Agencies  and Offices, Juneau, Alaska,  reported that                                                               
the division conducted  an audit of the RCA dated  July 2013. The                                                               
purpose was to  determine whether the commission  was serving the                                                               
public's  interest and  whether  its termination  date should  be                                                               
extended. Overall, the audit concluded  that the RCA is operating                                                               
in the public's interest and  that the termination date should be                                                               
extended for  eight years, until  June, 2022. She noted  that the                                                               
audit  includes two  recommendations,  but  neither impacted  the                                                               
recommendation for the extension.                                                                                               
                                                                                                                                
The  first  recommendation  is  to  a repeat  of  a  prior  audit                                                               
recommendation  for  the  RCA  to  improve  its  case  management                                                               
system. The  2013 audit found  there were still high  error rates                                                               
in   the   case   management   system   and   again   recommended                                                               
improvements.                                                                                                                   
                                                                                                                                
MS.  CURTIS  reported that  the  sunset  audit  also made  a  new                                                               
recommendation  for the  legislature to  consider clarifying  the                                                               
statutory  timeline  for  rulemaking  proceedings.  The  statutes                                                               
currently require the RCA to issue  a final order on a rulemaking                                                               
docket no later  than 730 days after a petition  for a regulatory                                                               
change  is filed  or after  the commission  issues an  initiating                                                               
order for  such proceedings. A  provision in the  statutes allows                                                               
one 90-day extension  for good cause, but prohibits  the RCA from                                                               
terminating a proceeding  in one docket and  opening a proceeding                                                               
in another docket on substantially the same matter.                                                                             
                                                                                                                                
The audit  found that  on occasion the  RCA has  split rulemaking                                                               
proceedings into two  dockets. First, the RCA will  open a docket                                                               
to consider whether there is a  need for regulation in an area of                                                               
concern or interest  and then close it once  public testimony and                                                               
comments  are  taken.  If  the  record indicates  a  need  for  a                                                               
regulation,  the  RCA  may  open  a  second  docket  to  consider                                                               
adopting  the  regulations. The  audit  found  that this  process                                                               
allows  the  RCA  to  take  up  to  4.5  years  to  complete  its                                                               
proceedings,  but the  RCA management  has argued  that including                                                               
clear intent  language in a  docket's initiating order  makes the                                                               
process  transparent  and  complies with  statute.  The  auditors                                                               
confirmed that  the RCA  was including  clear intent  language in                                                               
the  docket, which  provides  transparency,  but determined  that                                                               
this  was  an  issue  for legislative  consideration  because  it                                                               
appears  that this  practice evades  the statutory  timelines and                                                               
does not appear to serve  the regulated community or the public's                                                               
interest. She restated the recommendation  for the legislature to                                                               
consider clarifying the  statute to ensure that  the RCA complies                                                               
with legislative intent when processing regulatory dockets.                                                                     
                                                                                                                                
3:57:20 PM                                                                                                                    
T.W.  PATCH, Commissioner  and  Chair,  Regulatory Commission  of                                                               
Alaska,   Department   of   Commerce,  Community   and   Economic                                                               
Development  (DCCED),  stated that  it  is  the position  of  the                                                               
Commission that it  has earned the trust of  the legislature, has                                                               
met its  obligations, and should  be extended for  the eight-year                                                               
statutory  maximum. Complying  with  prior legislative  guidance,                                                               
the RCA filed  a report with the legislature on  January 16, 2012                                                               
and promised a  further report. That report  outlined the process                                                               
to address concerns regarding the length  of time it took for the                                                               
commission  to decide  cases involving  rate changes  and certain                                                               
other matters.  The commission filed  a second report  on January                                                               
21, 2014  that documented that  the commission  had significantly                                                               
reduced the  timeline for rate cases  from 450 days to  300 days.                                                               
This was  done without requesting any  additional funding, staff,                                                               
or  authority.  Although  it  has stressed  the  agency  and  the                                                               
regulatory affairs and public advocacy  section of the Department                                                               
of Law, the  commission is holding that timeline and  will do its                                                               
best  to continue  to  hold  that timeline.  He  warned that  the                                                               
stresses may  mount as the  RCA is  being asked to  undertake new                                                               
and  complex  matters.  He  cited  work  with  AGDC,  AOGCC,  the                                                               
governor's Interior gas project,  and the pending matters related                                                               
to transmission that  may come before the commission  in the near                                                               
future.                                                                                                                         
                                                                                                                                
MR. PATCH  addressed the  audit report. The  RCA concurs  and has                                                               
taken steps  to address the  first recommendation that  the Chair                                                               
of the  RCA should  improve and  enforce written  procedures. The                                                               
manuals have been  updated and new manuals are  being written. He                                                               
expressed confidence  that there would be  measurable enhancement                                                               
in this area.                                                                                                                   
                                                                                                                                
SENATOR  MICCICHE  asked  if  there   were  serious  data  issues                                                               
associated with  the business  of the RCA  or simple  errors that                                                               
were identified during the audit.                                                                                               
                                                                                                                                
MR. PATCH replied  the issues weren't quantified,  but he doesn't                                                               
believe  the  commission  would   have  been  faulted  on  simple                                                               
transposition errors in their database.                                                                                         
                                                                                                                                
CHAIR DUNLEAVY asked Ms. Curtis to quantify the errors.                                                                         
                                                                                                                                
4:02:59 PM                                                                                                                    
MS. CURTIS directed  attention to page 11 of the  audit and noted                                                               
that this  is the fourth  time this been before  the legislature.                                                               
It is  a reoccurrence  from the  two prior  audits of  the annual                                                               
report and the  prior sunset audit. The audit examined  26 of 261                                                               
tariff  filings and  41 of  171 utility  dockets and  found error                                                               
rates of 27 percent in 20  percent of the respective sample. When                                                               
the audit  mentions error rates  it is talking  about information                                                               
like open and close dates included  in the annual report. That is                                                               
the nature of the errors, she said.                                                                                             
                                                                                                                                
SENATOR MICCICHE asked if any  of the errors were associated with                                                               
the calculation of tariffs.                                                                                                     
                                                                                                                                
MS.  CURTIS  replied   the  nature  of  the   errors  related  to                                                               
descriptive  information  in  an  annual  report  as  opposed  to                                                               
anything that would have affected a decision.                                                                                   
                                                                                                                                
CHAIR DUNLEAVY asked who follows up on the corrective actions.                                                                  
                                                                                                                                
MS. CURTIS said the recommendation  was directed to the RCA Chair                                                               
who is responsible for ensuring it occurs.                                                                                      
                                                                                                                                
SENATOR  MICCICHE summarized  that  the errors  were clerical  in                                                               
nature.                                                                                                                         
                                                                                                                                
MS. CURTIS said most likely the  errors were data input and those                                                               
can  be associated  with a  lack  of procedures  in entering  the                                                               
data.  These  are  things  that  can  be  addressed  by  adequate                                                               
training and  procedures and a  quality control procedure  at the                                                               
commission for  continuous review to ensure  that the information                                                               
is being gathered and entered accurately, she said.                                                                             
                                                                                                                                
4:06:19 PM                                                                                                                    
MR.  PATCH said  the commission  is  in the  process of  changing                                                               
policies  and  procedures  to address  the  2-3  day  discrepancy                                                               
between  the date  on  a letter  or document  that  comes to  the                                                               
commission  and the  date  it  is entered  into  the database.  A                                                               
tariff filing  that isn't addressed  within 45 days is  given the                                                               
force of law on  day 45, so that two or  three day difference has                                                               
a legal consequence in favor  of the utility applicant. He agreed                                                               
with Ms.  Curtis that it  has taken  the commission some  time to                                                               
address  this issue,  and noted  that adopting  electronic filing                                                               
measures has helped in its resolution.                                                                                          
                                                                                                                                
MR.  PATCH  asked the  committee  to  consider the  second  audit                                                               
finding by reviewing page 3 of  his response to the audit because                                                               
it may affect another matter.  He posed a hypothetical example to                                                               
illustrate how it might happen that  the RCA would open a docket,                                                               
close the docket to stay  within the statutory timeline, and then                                                               
open  a  second  docket  10  months to  four  years  later  on  a                                                               
substantially  similar  question.  He  stated that  it  is  RCA's                                                               
belief  that  to  open  a  docket to  consider  the  need  for  a                                                               
regulation  is  entirely  different  than  opening  a  docket  to                                                               
consider a specific regulation and  how it may address a problem.                                                               
"In this  case, I  do not think  her recommendation  need concern                                                               
this legislature  with respect to my  agency's sunset extension,"                                                               
Mr. Patch stated.                                                                                                               
                                                                                                                                
4:11:28 PM                                                                                                                    
SENATOR OLSON asked how long he has been Chair of the RCA.                                                                      
                                                                                                                                
MR. PATCH replied it will be three years on June 30, 2014.                                                                      
                                                                                                                                
SENATOR OLSON asked if he served on the RCA before that.                                                                        
                                                                                                                                
MR. PATCH  relayed that he  was appointed by Governor  Parnell in                                                               
2010.                                                                                                                           
                                                                                                                                
SENATOR OLSON  asked how he  managed to reduce the  timeline from                                                               
450 days to 300 days.                                                                                                           
                                                                                                                                
MR. PATCH replied it was  a matter of diligence, clear expression                                                               
of desire  for a cooperative  process, early meeting  between the                                                               
RCA's  administrative   law  judges   and  the  parties   to  set                                                               
procedural  schedules for  discovery, careful  employment of  the                                                               
RCA assets, and honest and  open conversation with parties in the                                                               
dockets regarding requests for additional time.                                                                                 
                                                                                                                                
SENATOR  OLSON asked  if  anything was  compromised  in the  time                                                               
reduction.                                                                                                                      
                                                                                                                                
MR. PATCH said he didn't believe anything was compromised.                                                                      
                                                                                                                                
SENATOR OLSON asked if he  anticipates that the RCA will regulate                                                               
the gas pipeline.                                                                                                               
                                                                                                                                
MR.  PATCH said  the agency's  engineering, pipeline,  technical,                                                               
and legal  staff is  actively engaged in  the process  of getting                                                               
ahead  of the  AGDC  tariff issues.  The RCA  should  be able  to                                                               
decide a filing in a timely fashion, he said.                                                                                   
                                                                                                                                
4:16:26 PM                                                                                                                    
SENATOR MICCICHE said he'd like to  talk off the record about the                                                               
second recommendation, because the issue  won't go away in future                                                               
audits if the discrepancy isn't resolved.                                                                                       
                                                                                                                                
MR.  PATCH said  the  RCA  has a  solution  that  he believes  is                                                               
acceptable  to   Ms.  Curtis.  The  RCA   adopted  an  additional                                                               
information   gathering  "I"   docket   to   receive  and   store                                                               
information. This docket  has no statutory timeline.  If there is                                                               
need  for a  regulation that  addresses  the concern  in the  "I"                                                               
docket  the RCA  could  move forward  to an  R  docket, which  is                                                               
subject to the timeline.                                                                                                        
                                                                                                                                
SENATOR MICCICHE observed that one  is an application process and                                                               
the second starts the 730 day timeline.                                                                                         
                                                                                                                                
MR. PATCH agreed.                                                                                                               
                                                                                                                                
CHAIR  DUNLEAVY suggested  that after  the discussion  he make  a                                                               
statement that his concerns have been addressed.                                                                                
                                                                                                                                
SENATOR  MICCICHE asked  Ms. Curtis  to comment  on the  proposed                                                               
solution.                                                                                                                       
                                                                                                                                
MS. CURTIS  said the  division's opinion is  based on  field work                                                               
and extensive work, and does  not factor in what management might                                                               
do  to  address  an  audit   recommendation.  It's  a  matter  of                                                               
appearing and  being independent  as auditors. She  restated that                                                               
the recommendation  is to the legislature  to consider clarifying                                                               
the  statute to  address the  issue. If  the legislature  doesn't                                                               
take  any action  on this  recommendation, she  said she  will be                                                               
reluctant to pursue it again.                                                                                                   
                                                                                                                                
4:21:21 PM                                                                                                                    
CHAIR DUNLEAVY announced  that he would hold HB  234 in committee                                                               
for further consideration. Public testimony was open.                                                                           

Document Name Date/Time Subjects
CSHB 32(FIN).pdf SL&C 4/3/2014 3:30:00 PM
HB 32
HB 32 Sponsor Statement.pdf SL&C 4/3/2014 3:30:00 PM
HB 32
CSHB 32(FIN) Fiscal Note DCCED.PDF SL&C 4/3/2014 3:30:00 PM
HB 32
CSHB 32(FIN) - Explanation of Changes.pdf SL&C 4/3/2014 3:30:00 PM
HB 32
HB32 - Business License Counts_2-18-14.pdf SL&C 4/3/2014 3:30:00 PM
HB 32
HB32 Letters of Support.pdf SL&C 4/3/2014 3:30:00 PM
HB 32
HB 276 Bill v. U.pdf SL&C 4/3/2014 3:30:00 PM
HB 276
HB 276 Sponsor Statement v. U.pdf SL&C 4/3/2014 3:30:00 PM
HB 276
HB 276-Fiscal Note 0 LWF.pdf SL&C 4/3/2014 3:30:00 PM
HB 276
HB 276 - Letter of Support, Alaska Auto Dealers Association.pdf SL&C 4/3/2014 3:30:00 PM
HB 276
Correspondence between Auto Dealers and DOL.pdf SL&C 4/3/2014 3:30:00 PM
HB 276
HB234 ver A.pdf SL&C 4/3/2014 3:30:00 PM
HB 234
HB234 Sponsor Statement.pdf SL&C 4/3/2014 3:30:00 PM
HB 234
HB234 Fiscal Note-DCCED-RCA-01-23-14.pdf SL&C 4/3/2014 3:30:00 PM
HB 234
HB 234 Supporting Document RCA-Summary of Efforts 01-2014.pdf SL&C 4/3/2014 3:30:00 PM
HB 234
HB234 Support Letter-AML.pdf SL&C 4/3/2014 3:30:00 PM
HB 234
HB234 Supporting Document RCA Sunset Audit 2013.pdf SL&C 4/3/2014 3:30:00 PM
HB 234