Legislature(1995 - 1996)

03/06/1996 03:40 PM Senate RES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
         SB 284 FOUR DAM POOL & POWER DEVELOPMENT FUND                        
                                                                              
 SENATOR LEMAN announced  SB 284  to be up for consideration.                  
                                                                               
 TAPE 96-25, SIDE A                                                            
 Number 001                                                                    
                                                                               
 RANDY SIMMONS, Development Finance Manager for Alaska Industrial              
 Development Export Authority, said that the Four Dam Pool is made             
 up of four hydroelectric projects and the State currently owns                
 these facilities and they are operated through a long term power              
 sales agreement by the utilities.  Under the agreement the                    
 State(AEA) has obligations for uninsured facility failures and for            
 substandard facility performance.  Under that same agreement the              
 utilities have the obligations to operate the hydro-projects and to           
 also pay an annual debt service that is roughly $8 - $11 million              
 per year.  That debt service is allocated by AS42.45.050 three                
 different ways.                                                               
                                                                               
 Forty percent of it goes to PCE and the rural electrification                 
 funds; forty percent goes to the Southeast intertie grant program;            
 and twenty percent to DCRA's power project fund.  The bill                    
 addresses specific State responsibilities for repairs to two of the           
 projects.  Those projects are the Tyee Project and the Terror Lake            
 Project.  Right now their best estimate for the Tyee repairs to the           
 transmission line is $17 million.  It is imperative that the Tyee             
 transmission line be repaired as soon as possible.  There have been           
 three occasions when that line has been out of operation.  This               
 bill also addresses approximately $3.5 million worth of repairs               
 that are needed to the Terror Lake tunnel.                                    
                                                                               
 They are now in engineering to come up with the final numbers and             
 that should be completed within the next several months.  Last                
 session they understood they had these obligations and worked out             
 an agreement with the utilities where they would use their self               
 help right under the power sales agreement to withhold some of that           
 $8 - $11 million to start the repairs.  That agreement fell through           
 in the last days of the session and the utilities sued the State              
 for full self help.  They were able to reach agreement with the               
 utilities to withhold $4 million out of the amount of money that              
 comes into the debt service to start the engineering on the                   
 repairs.  Their proposal is that AEA will issue up to $25 million             
 worth of bonds to make the repairs.  The bond term could be no more           
 than 25 years and the debt service payments must begin by July 1,             
 1998.  They don't know what the length of the bonds would be or               
 whether they would defer the full two years.                                  
                                                                               
 To float those bonds, AEA has two requirements that need to be met.           
 The first requirement is that the utilities had to waive their self           
 help rights for the amount of debt service that has to be paid on             
 these bonds.  Their self help rights come from the power sales                
 agreement that basically allows them to withhold their debt service           
 to the State if the State is not fulfilling its obligations.                  
                                                                               
 The first agreement is in place.                                              
                                                                               
 SENATOR HALFORD asked what was the legal case to withhold the                 
 money.  MR. SIMMONS answered that it was provision 5(d) of the                
 power sales agreement.                                                        
                                                                               
 SENATOR HALFORD asked if the State contracted away its authority to           
 collect the money which is required by statute?  MR. SIMMONS                  
 replied that the State contracted away, if they didn't uphold their           
 obligations that they were signing to under the agreement, that the           
 utilities could withhold that debt service to fulfill the State's             
 obligations. SENATOR HALFORD commented that wasn't a part of the              
 statute and he wanted to know what was the legal trail of that                
 obligation.                                                                   
                                                                               
 MR. SIMMONS said that the State had fulfilled its first                       
 requirement.  They have reached agreement with the utilities to               
 limit their self help rights.  Under that agreement they have                 
 agreed with the utilities that they would not bond for any longer             
 than 25 years and that the amount will not be more than $25                   
 million.  They have also agreed that before the State makes a                 
 decision as to the final length or term of the bonds, they would              
 consult with them.  The bill before them today takes care of the              
 second requirement by making a revenue stream available to pay for            
 the debt service on the bonds.  The bill also clarifies that AEA              
 may use the money in the power development fund for repairing the             
 projects.                                                                     
                                                                               
 The benefits they see for floating the bonds is that the State will           
 meet its obligations on the power sales agreement; and if the bonds           
 are issued this year and payments aren't made until July 1, 1998,             
 that's basically a two year deferral which will allow the State to            
 come up with a long term solution to financing the projects without           
 affecting PCE or the Southeast intertie or the power development              
 fund in that two year period.                                                 
                                                                               
 If the State has to start making payments, MR. SIMMONS said, on               
 July 1, 1998 depending on what the length and size of the bond is,            
 the payments could run anywhere from $3 - $5 million.  If the                 
 payments are $3 million, the amount of money that will be withheld            
 from PCE and the Southeast intertie will be roughly $1.2 million              
 per year each and about $600,000 from the power project fund.                 
                                                                               
 The reason the Administration is introducing this bill is they                
 figure there are three alternatives to financing these repairs: one           
 is a general fund appropriation which they don't think is a great             
 idea; two is floating bonds; and three is letting the utilities               
 come in for their full self help rights and try to withhold the               
 full $11 million payment this year and next year which would                  
 basically withhold close to $9 million in those two years from the            
 Southeast intertie and PCE.                                                   
                                                                               
 Number 160                                                                    
                                                                               
 DENNIS LEWIS, Power and Light Superintendent in Petersburg,                   
 Chairman of the Four Dam Pool Project Management Committee, and               
 Commissioner on the Thomas Bay Power Authority (Tyee Project), said           
 he was here on behalf of all the purchasing utilities of the Four             
 Dam Pool.  On January 25, 1996 they signed an agreement with the              
 State supporting their efforts in this bonding which would take               
 care of the immediate repairs for the Tyee and the Terror Lake                
 Project.                                                                      
                                                                               
 Number 199                                                                    
                                                                               
 DICK OLSON, President, Thomas Bay Power Authority, said they have             
 an obligation to make sure this facility continues to operate.  He            
 said it is evident that there will be a catastrophic failure in the           
 not too distant future.  They support the concept AIDA presented to           
 the Committee.                                                                
                                                                               
 SENATOR TAYLOR asked when the Thomas Bay Power Authority start                
 requesting the State to do repairs to the Tyee line.  MR. OLSON               
 answered about 10 years ago.                                                  
                                                                               
 SENATOR TAYLOR asked how much money the Four Dam Pool had                     
 collectively paid back to the State since they signed the power               
 sales agreement.  MR. OLSON replied $100 million.  SENATOR TAYLOR             
 noted that they now needed $30 million and he asked what had                  
 happened to the $100 million that should have gone for repairs.               
 MR. OLSON said he couldn't answer that.                                       
                                                                               
 SENATOR TAYLOR said it got squandered away on the Alaska Energy               
 Authority that have 50 some employees at very high rates of pay, on           
 PCE costs to the bush; it was used for general fund obligations and           
 a whole lot of things, but not for their obligation which the State           
 signed up with you to take on, and they had to exercise self help             
 last year to even get their attention.  MR. OLSON replied that was            
 correct.                                                                      
                                                                               
 SENATOR TAYLOR asked why 25 years for a bond reimbursement was                
 considered short term.  MR. SIMMONS replied there is nothing in the           
 agreement saying the bond term will be 25 years; it says up to 25             
 years.  There is also a provision that will consult with the                  
 utilities prior to issuing any bonds.  The 25 year period was to              
 give maximum flexibility to the State because they don't know what            
 the final amount of dollars is going to be.  At that point in time            
 they were in divestiture discussions with the utilities.                      
                                                                               
 SENATOR TAYLOR asked if they had any veto power over the length of            
 term they came up with.  MR. SIMMONS replied that the money they              
 are using isn't their money.  It comes to the State first and then            
 gets appropriated back out.  If the utilities were not to accept              
 these bonds long term, the cost would be a little bit higher.  The            
 only affect to the utilities is that their self help rights are               
 limited for a little bit longer for the additional cost of                    
 financing.                                                                    
                                                                               
 SENATOR TAYLOR noted if they exercise self help, they could cash              
 the entire repair projects out in a little over three years.  He              
 asked what the cost to the subscribers was going to be if the                 
 payment time were stretched out.  MR. SIMMONS replied that they               
 don't pay a penny more, because this is a payment they have already           
 made and it comes into the State treasury.  The only thing that               
 happens is that the utilities limit their self help right.  They              
 can't use the portion of their self help right that's going to pay            
 for these bonds to use after this other repair.  If the legislature           
 fails to make the statutory change and they cannot come up with               
 another way to make the repairs, at that point in time they will              
 have a self help right that they can exercise.                                
                                                                               
 SENATOR LEMAN said his counsel would be to bond for considerably              
 fewer than 25 years.                                                          
                                                                               
 SENATOR TAYLOR said from the State's general fund perspective or              
 from the cost to the subscribers in the utilities, since they would           
 not be receiving back 40/40/20, it will be diminished by the cost             
 of that indebtedness.  MR. SIMMONS agreed and said the real effect            
 would be the longer the bond, the higher the cost will be and it's            
 that differential that will affect it.  He said now they have no              
 intent to bond for 25 years.                                                  
                                                                               
 SENATOR TAYLOR noted that even with 6% bonds that would double the            
 amount of the indebtedness every twelve years.  That's close to $50           
 million that will have to be paid for $25 million worth of repairs            
 that are necessary today.  That's to say nothing of the repair bill           
 that might accrue during the next 12 years.  Why should we want to            
 do that when we can cash these people out by utilizing that income            
 stream in a little over two years.                                            
                                                                               
 SENATOR TAYLOR wanted to know what happened in divestiture.  MR.              
 SIMMONS replied that they came to the critical point where they               
 were going to talk about price.  They had jointly funded a risk               
 assessment by HARSA who gave them their information a month ago.              
 The State proposed a price the utilities thought was very                     
 excessive.  The utilities threw out some numbers the State thought            
 was way too low.  They mutually agreed to step away from the table            
 and to hopefully reconvene later, but no time was set.                        
                                                                               
 SENATOR TAYLOR asked if the agreement was premised on the fact that           
 there would be good faith negotiations toward divestiture?  MR.               
 SIMMONS replied yes and he thought there were good faith                      
 negotiations, but there wasn't agreement on the value of the                  
 projects.                                                                     
 Number 334                                                                    
                                                                               
 SENATOR HOFFMAN followed up with a question about paying it off               
 early from the revenue stream asking if there would basically be              
 fewer dollars in allocation under the formula.  MR. SIMMONS replied           
 that was correct.  In the short term they are hurt quicker, in the            
 long term they are hurt more.                                                 
                                                                               
 SENATOR TAYLOR asked when they could expect their next meeting on             
 divestiture.  MR. SIMMONS replied that they didn't have plans for             
 the near future.                                                              
                                                                               
 Number 359                                                                    
                                                                               
 MR. LEWIS noted that he had given a letter from all the purchasers            
 to their offices and hoped they would review that to understand               
 this issue better.                                                            

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