Legislature(2009 - 2010)BARNES 124

02/24/2009 03:00 PM House ENERGY


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03:06:40 PM Start
03:07:36 PM Regulatory Commission of Alaska Presentation on How Agency Regulates Existing Sources of Energy & Its Potential Role in Regulating New Sources of Energy in Alaska
04:34:18 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Presentation by Bob Pickett, Chairman of TELECONFERENCED
the Regulatory Commission of Alaska:
How agency regulates existing sources of
energy & its potential role in regulating
new sources of energy in Alaska
                    ALASKA STATE LEGISLATURE                                                                                  
               HOUSE SPECIAL COMMITTEE ON ENERGY                                                                              
                       February 24, 2009                                                                                        
                           3:06 p.m.                                                                                            
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Bryce Edgmon, Co-Chair                                                                                           
Representative Charisse Millett, Co-Chair                                                                                       
Representative Nancy Dahlstrom                                                                                                  
Representative Kyle Johansen                                                                                                    
Representative Jay Ramras                                                                                                       
Representative Pete Petersen                                                                                                    
Representative Chris Tuck                                                                                                       
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                              
Regulatory Commission of Alaska presentation on how agency                                                                      
regulates existing sources of energy & its potential role in                                                                    
regulating new sources of energy in Alaska                                                                                      
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
No previous action to record                                                                                                    
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
ROBERT PICKETT, Chairman                                                                                                        
Regulatory Commission of Alaska (RCA)                                                                                           
Department of Commerce, Community & Economic Development (DCCED)                                                                
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Provided a presentation on the RCA's role                                                                
in regulating energy in Alaska.                                                                                                 
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
3:06:40 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  BRYCE  EDGMON  called  the House  Special  Committee  on                                                            
Energy meeting  to order at  3:06 p.m.  Representatives  Petersen,                                                              
Tuck,  Dahlstrom,  Ramras,  Johansen,  Millett,  and  Edgmon  were                                                              
present at the call to order.                                                                                                   
                                                                                                                                
^Regulatory  Commission  of  Alaska  presentation  on  how  agency                                                            
regulates  existing sources  of  energy &  its  potential role  in                                                            
regulating new sources of energy in Alaska                                                                                    
                                                                                                                                
CO-CHAIR EDGMON  announced that the  only order of  business would                                                              
be a presentation by the Regulatory Commission of Alaska (RCA).                                                                 
                                                                                                                                
3:07:36 PM                                                                                                                    
                                                                                                                                
ROBERT PICKETT,  Chairman, Regulatory Commission of  Alaska (RCA),                                                              
Department   of  Commerce,   Community   &  Economic   Development                                                              
(DCCED),  stated that  his topic  today, "RCA  Role in  Regulating                                                              
Existing  and  New  Sources  of   Energy  in  Alaska,"  is  timely                                                              
considering  the dramatic  fluctuation in  the energy market  over                                                              
the last  12 months.   Furthermore,  the state  has many  critical                                                              
regulation  issues   to  address  at  this  time.     Mr.  Pickett                                                              
explained that  the RCA  is charged with  regulating a  wide range                                                              
of economic  activities in the state,  and has a direct  impact on                                                              
more than $1  billion of economic activities.   Currently, the RCA                                                              
monitors  651 Certificates  of  Public Convenience  and  Necessity                                                              
(CPCNs).   He informed the committee  that the RCA was  created by                                                              
the  legislature in  1999  with the  broad  authority to  regulate                                                              
public  utilities  and  pipeline carriers  throughout  the  state.                                                              
The commission  consists  of five commissioners  appointed  by the                                                              
governor and  confirmed by  the legislature  for a six-year  term.                                                              
Under  AS  42.05.141(a),  the regulatory  commission  may  do  all                                                              
things  necessary  or  proper to  regulate  every  public  utility                                                              
engaged,  or proposing  to engage,  in a  utility business  inside                                                              
the state.   Mr.  Pickett also provided  the statutory  definition                                                              
for a public utility  and noted the clear definition  is needed to                                                              
determine  what  new energy  projects  may  be exempted  from,  or                                                              
subject to, RCA jurisdiction.                                                                                                   
                                                                                                                                
3:11:25 PM                                                                                                                    
                                                                                                                                
CO-CHAIR EDGMON  asked for clarification  on the RCA's  ability to                                                              
oversee fuel suppliers and distributors.                                                                                        
                                                                                                                                
MR.  PICKETT responded  that there  appears to  be some  statutory                                                              
authority  to  engage with  these  actions;  however,  the RCA  is                                                              
already laden with responsibilities.                                                                                            
                                                                                                                                
3:12:09 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  EDGMON  called attention  to  the  high fuel  prices  in                                                              
Western  Alaska and  the  disparity of  fuel  prices in  different                                                              
regions of the state.   He asked whether the  RCA, if sufficiently                                                              
staffed, could oversee the transportation and delivery of fuel.                                                                 
                                                                                                                                
MR.  PICKETT acknowledged  oversight  may  be possible;  in  fact,                                                              
through  the  Power  Cost  Equalization  program  (PCE),  the  RCA                                                              
currently has some level of review with the electric utilities.                                                                 
                                                                                                                                
3:12:57 PM                                                                                                                    
                                                                                                                                
MR. PICKETT  returned to his  presentation and directed  attention                                                              
to "Definition  of Public or  General Public" in  AS 42.05.990(3);                                                              
and "Certificate  of Public Convenience  and Necessity  (CPCN)" in                                                              
AS 42.05 (public utilities) and AS 42.06 (Pipeline Act).                                                                        
                                                                                                                                
3:14:42 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE RAMRAS  inquired as to  the legal meaning  of "fit,                                                              
willing, and  able" in  the context of  building a [gas  pipeline]                                                              
and  recognizing the  ability of  an  entity, such  as the  Alaska                                                              
Natural Gas Development  Authority (ANGDA), or ENSTAR  Natural Gas                                                              
Company  (ENSTAR),  to  qualify   for  a  certificate  to  provide                                                              
pipeline services.                                                                                                              
                                                                                                                                
MR. PICKETT advised  "fitness" encompasses the  administrative and                                                              
managerial  ability   for  the  enterprise  being   proposed;  for                                                              
example, the  service area.  There  is also a  financial "fitness"                                                              
test  to determine  whether  the  financial capability  exists  to                                                              
complete the project  and provide the pipeline  service.  Further,                                                              
"able" measures the ability of the project sponsor.                                                                             
                                                                                                                                
3:16:36 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  RAMRAS recalled  that  this is  the contention  he                                                              
had when ANGDA  presented its $250 million [proposal].   He opined                                                              
that ANGDA  did not  meet the  fit, willing,  and able  threshold.                                                              
Representative Ramras  requested further discussion  on this topic                                                              
at the conclusion of the presentation.                                                                                          
                                                                                                                                
3:17:40 PM                                                                                                                    
                                                                                                                                
MR. PICKETT,  continuing his  presentation, "Statutory  Exemptions                                                              
-  Electric"  then reviewed  exemptions  from  certification  that                                                              
are:    any   utility  making  less  than  $50,000   unless  their                                                              
customers petition  for regulation;  any joint action  agency; and                                                              
utilities   that  have   received  a   Qualifying  Facility   (QF)                                                              
designation   from  the  Federal   Energy  Regulatory   Commission                                                              
(FERC).                                                                                                                         
                                                                                                                                
3:18:45 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE TUCK  asked whether a  joint action agency  that is                                                              
exempt from certification is also exempt from RCA authority.                                                                    
                                                                                                                                
MR.   PICKETT  concurred.      Then,   in  further   response   to                                                              
Representative  Tuck,  he  clarified  that  if  the  joint  action                                                              
agency is  exempt under the statute  provision, it is  also exempt                                                              
from the CPCN certification by the RCA.                                                                                         
                                                                                                                                
3:19:51 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  PETERSEN asked for  an example  of a joint  action                                                              
agency.                                                                                                                         
                                                                                                                                
MR.  PICKETT related  his  understanding that  it  is a  provision                                                              
under statute in  which utilities can come together  and create an                                                              
entity  for  the  production  of  energy for  resale  to  a  local                                                              
distribution utility.                                                                                                           
                                                                                                                                
REPRESENTATIVE  PETERSEN further  asked whether  the joint  action                                                              
agency  clause applies  to the  governor's proposed  consolidation                                                              
of the Railbelt utilities.                                                                                                      
                                                                                                                                
MR. PICKETT  said he did not believe  so, although he  said he has                                                              
not seen the most  recent version of the proposed  legislation.  A                                                              
previous  version of  the proposed  legislation  contained a  role                                                              
for the RCA.                                                                                                                    
                                                                                                                                
3:21:08 PM                                                                                                                    
                                                                                                                                
MR.  PICKETT   continued  with   the  slide  entitled   "Statutory                                                              
Exemptions  -   Electric"  and   discussed  the  exemptions   from                                                              
economic  regulation  that are:  utilities  owned  by a  political                                                              
subdivision,  with  exception  of   a  utility  competing  with  a                                                              
regulated utility;  utilities making between $50,000  and $500,000                                                              
that  have  a deregulation  election;  cooperatives  that  have  a                                                              
deregulation   election;   and  utilities   that   receive  a   QF                                                              
designation  from FERC.   Mr.  Pickett listed  utilities that  the                                                              
RCA regulates:   natural gas distribution; natural  gas pipelines;                                                              
electric power  generation, transmission, and  distribution; water                                                              
and sewer;  telephone; and  solid waste.   Pipelines regulated  by                                                              
the RCA  are: crude  oil pipelines;  petroleum product  pipelines;                                                              
and natural gas pipelines.                                                                                                      
                                                                                                                                
3:22:50 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  RAMRAS recalled  the energy  committee meeting  in                                                              
Kotzebue during  which public testimony  was heard on  the state's                                                              
energy plan.   Witnesses  testified that  food prices  in Kotzebue                                                              
were higher than  food prices in Nome.  Moreover,  it was lamented                                                              
that unlike  Fairbanks, there is  often only one purveyor  of fuel                                                              
oil in  rural communities.  He  asked Mr. Pickett  for progressive                                                              
steps that  could be taken by  the RCA to better  regulate single-                                                              
distributors of fuel oil.  Representative Ramras remarked:                                                                      
                                                                                                                                
     ... what  kind of statute,  what kind of committee  bill                                                                   
     could we do,  what kind of remedy could  the RCA produce                                                                   
     ... if  we had, if we  gave you the statutory  authority                                                                   
     and we  gave you  whatever manpower  was necessary?   It                                                                   
     is  entirely unacceptable,  in  this legislator's  point                                                                   
     of view, what's  going on out in the Bush  as it relates                                                                   
     to  the price  of fuel,  and with  no other  distributor                                                                   
     there, what is clearly a monopoly ...                                                                                      
                                                                                                                                
MR. PICKETT affirmed  that the RCA has seen the  high fuel prices,                                                              
although  the PCE  subsidy acts  like a   shock  absorber to  take                                                              
away some  of the dramatic  increase in  the cost of  electricity.                                                              
However,  there  is no  such  protection  for  heating fuel.    He                                                              
advised  that   [a  remedy]  would   start  with   directives  and                                                              
regulations  from the legislature,  then would  be decided  by the                                                              
concurrence  of  at  least  three  of  five  commissioners.    Mr.                                                              
Pickett  opined  the RCA,  given  sufficient impetus,  could  look                                                              
into  this situation;  however,  the RCA  is  driven by  statutory                                                              
deadlines  that must be  met with  its existing  staff.   In fact,                                                              
the  agency is  already dealing  with unfunded  mandates from  the                                                              
state and  federal governments.   He concluded  that the  RCA must                                                              
comply with what the legislature directs.                                                                                       
                                                                                                                                
3:28:25 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   RAMRAS  encouraged   the  committee   to  explore                                                              
expanding   the  statutory   authority   for   the  RCA,   through                                                              
legislation,  so that it  may address the  issue of  fuel provided                                                              
by a sole source in the rural communities of Alaska.                                                                            
                                                                                                                                
3:29:26 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  EDGMON   announced  the  March  12th   energy  committee                                                              
hearing will be  on the subject of fuel prices.   He expressed his                                                              
hope that  the testimony  from fuel  providers regarding  shipping                                                              
and  storage  will  provide  answers   to  questions  that  simple                                                              
economics do not.                                                                                                               
                                                                                                                                
3:30:41 PM                                                                                                                    
                                                                                                                                
MR. PICKETT  addressed the slide  entitled "RCA's Role  in Current                                                              
Energy Supply  Issues."   There are three  areas of  energy issues                                                              
to be  discussed; the  first is Cook  Inlet natural  gas supplies.                                                              
The RCA  does not regulate  the producers  of natural gas  in Cook                                                              
Inlet, although  it does evaluate  the gas sale  agreements (GSAs)                                                              
between  the  utilities  and  the producers  to  ensure  just  and                                                              
reasonable terms.   The RCA  standard of review considers  whether                                                              
the utility  acted in a prudent  manner, whether the terms  of the                                                              
GSA  are reasonable,  and  whether the  GSA  ensures reliable  and                                                              
reasonably   priced  utility   service.     As   directed  by   AS                                                              
42.05.431(a), the RCA  is required to determine whether  a GSA, or                                                              
a  particular   term  within   such  an   agreement,  is   unjust,                                                              
unreasonable,  unduly  discriminatory,   or  preferential.    This                                                              
determination  must be  viewed in  the context  of the Cook  Inlet                                                              
which is  unique among  regional natural gas  markets in  the U.S.                                                              
in that it is a stranded gas market.                                                                                            
                                                                                                                                
3:32:54 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  MILLETT recalled  that the  RCA recently  approved  a 22                                                              
percent  rate   increase  for  ENSTAR   Natural  Gas   Company  in                                                              
Anchorage  and  asked whether  the  aforementioned  considerations                                                              
were the basis for that determination.                                                                                          
                                                                                                                                
MR. PICKETT  said no.   He explained the  increase is a  result of                                                              
legacy gas contracts.   In fact, the RCA did  not approve ENSTAR's                                                              
latest  five-year  contracts  by   Marathon  Oil  Corporation  and                                                              
ConocoPhillips  Alaska, Inc.;  therefore, under  the terms  of its                                                              
tariff, and  as long  as it  did not exceed  the weighted  average                                                              
cost of  gas, ENSTAR  was able to  enter into two-year  agreements                                                              
without  RCA  approval.    He pointed  out  that  the  22  percent                                                              
increase is  for a bundle of  contracts, such as those  going back                                                              
to  2002,  and  legacy  contracts   that  are  tied  to  petroleum                                                              
indices.                                                                                                                        
                                                                                                                                
3:34:31 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  PETERSEN  asked   whether  the  RCA  is  currently                                                              
reviewing  agreements between  ENSTAR  and the  producers at  Cook                                                              
Inlet  that might impact  prices  of natural  gas in the  Railbelt                                                              
area.                                                                                                                           
                                                                                                                                
MR.  PICKETT  advised  the only  gas  supply  agreement  currently                                                              
before  the  commission  is an  emergency  supply  provision  from                                                              
Chugach Electric  Association.  He  was unsure whether  ENSTAR has                                                              
received responses in its search for gas.                                                                                       
                                                                                                                                
3:35:20 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  TUCK provided  a  document  from ENSTAR,  entitled                                                              
"Facts  about  higher gas  costs."    The document  stated  ENSTAR                                                              
income  comes from  the transportation  of natural  gas, not  from                                                              
the sale of gas.                                                                                                                
                                                                                                                                
MR. PICKETT  agreed.  He added that  ENSTAR does not put  a "mark-                                                              
up" on the  sale of gas, but  would have no business  without gas.                                                              
In further  response to Representative  Tuck, he said  that trying                                                              
to determine  ENSTAR'S profit from  a diagram would be  a mistake.                                                              
He would  need to  look at  ENSTAR's financials  to determine  its                                                              
profit  from the  transportation  of  gas and  ENSTAR's  financing                                                              
structure  is unknown to  him.   The gas  sale agreements  need to                                                              
generate cash, but  more information is needed  to verify ENSTAR's                                                              
profit margin.                                                                                                                  
                                                                                                                                
REPRESENTATIVE  TUCK again referred  to the  document and  gave an                                                              
example using  a transportation  company  that is delivering  hay.                                                              
He  said in  that case,  the transportation  company only  charges                                                              
for  the  delivery  of  the  hay;  however,  the  ENSTAR  document                                                              
indicates the  cost of delivering  the gas to customers  is $0.10,                                                              
with  an  additional  $0.03  for   taxes  and  $0.04  for  "ENSTAR                                                              
income."   Representative  Tuck surmised  the profit margin  would                                                              
be $0.04  divided by  17, and asked  for the  formula used  by the                                                              
RCA to determine profit margin.                                                                                                 
                                                                                                                                
MR.  PICKETT  explained that  when  the  RCA investigates  a  rate                                                              
case,  it reviews  a full  range of  numbers, such  as the  actual                                                              
depreciated cost of  the system and other aspects  of the business                                                              
as a  whole.   He pointed out  ENSTAR would  have some  expense in                                                              
securing  the supply  of the  natural gas  and financing  charges;                                                              
however, he could not say how much those expenses would be.                                                                     
                                                                                                                                
3:39:28 PM                                                                                                                    
                                                                                                                                
CO-CHAIR EDGMON  observed the  RCA organizational chart  indicates                                                              
there   are   three  staff   for   financing   and   certification                                                              
processing.   Referring to  Mr. Pickett's  earlier testimony  that                                                              
the RCA  regulates  over $1 billion  worth of  commerce, he  asked                                                              
whether there was a lot of work for three staff.                                                                                
                                                                                                                                
MR.  PICKETT agreed  and noted  that several  vacancies have  been                                                              
difficult to  fill; the RCA legislative  task force reported  on a                                                              
classification  study underway  that is  addressing the  positions                                                              
the RCA has not  been able to fill.  He concluded  that the RCA is                                                              
"very leanly staffed."                                                                                                          
                                                                                                                                
3:41:04 PM                                                                                                                    
                                                                                                                                
MR. PICKETT,  in response  to Co-Chair  Edgmon, affirmed  that the                                                              
rate of return for  a utility company or a pipeline  carrier is an                                                              
important  part   of  the  certification  process.     He  further                                                              
explained  the  RCA reviews  the  capital  structure -  the  split                                                              
between debt  and equity -  of a company  and what  are reasonable                                                              
returns on equity in comparable enterprises.                                                                                    
                                                                                                                                
3:41:42 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE DAHLSTROM  recalled serving  on the RCA  task force                                                              
and  learning  how  difficult  it  is  for  the  agency  to  offer                                                              
competitive  salaries.    She  asked  that  committee  members  be                                                              
provided  with a  copy of  the recommendations  made  by the  task                                                              
force.                                                                                                                          
                                                                                                                                
3:42:29 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JOHANSEN  related  his discomfort  discussing  the                                                              
document  provided by  Representative  Tuck, because  it was  just                                                              
received and he does not know its source.                                                                                       
                                                                                                                                
3:43:21 PM                                                                                                                    
                                                                                                                                
CO-CHAIR EDGMON suggested that the committee review protocol.                                                                   
                                                                                                                                
3:43:52 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE PETERSEN  recalled previous testimony  that the RCA                                                              
wanted to  compare the natural gas  production of Cook  Inlet with                                                              
four other  regions in  North America.   He  asked Mr.  Pickett to                                                              
explain  this  comparison and  discuss  how  it might  impact  the                                                              
price of natural gas in the Railbelt.                                                                                           
                                                                                                                                
3:44:37 PM                                                                                                                    
                                                                                                                                
MR.  PICKETT  said  he  would address  this  issue  later  in  the                                                              
presentation.  He  then provided a slide entitled  "Cook Inlet Gas                                                              
Market" that indicated  the reserves-to-production ratio  for Cook                                                              
Inlet  is 10:1,  which means  the proven  gas in  Cook Inlet  will                                                              
last approximately  10 years.   This  is in the  same range  as is                                                              
typical  for production  areas in  the Lower  48, and natural  gas                                                              
was  found  in the  inlet  as  a by-product  of  oil  exploration.                                                              
Another aspect  unique to  Cook Inlet  is that it  is the  home of                                                              
the only  plant in the U.S.  that liquefies natural gas  and ships                                                              
it  out of  the immediate  area  as liquefied  natural gas  (LNG).                                                              
The plant in Cook  Inlet is the oldest LNG plant  in the world and                                                              
continues to  ship gas to  Japan.  The  RCA found that  Cook Inlet                                                              
is  a  natural  gas  production   basin;  therefore,  its  pricing                                                              
indices   are  lower  than   "citygate"   pricing  points.     The                                                              
commissioners   at  the   RCA  sought   to   compare  areas   with                                                              
significant similarities  and made a decision on the  basis of the                                                              
record before  them.  He opined  that Cook Inlet is  considered to                                                              
be  a fairly  challenging  geological  environment,   without  the                                                              
normal distribution  of gas fields found elsewhere;  however, this                                                              
information has not been presented to the RCA.                                                                                  
                                                                                                                                
3:48:21 PM                                                                                                                    
                                                                                                                                
MR. PICKETT presented  a slide entitled "Cook Inlet  Market Power"                                                              
and  stressed that  market power  is not  necessarily illegal,  or                                                              
proof that [an  illegal] monopoly exists.   ConocoPhillips Alaska,                                                              
Inc., Marathon  Oil Corporation,  and Union  Oil of California,  a                                                              
division  of  Chevron  (Union),   control  the  vast  majority  of                                                              
natural   gas  supplied   in  Cook   Inlet.     Of  these   three,                                                              
ConocoPhillips  and Marathon  are the  largest and  they also  own                                                              
the Kenai  LNG export  facility.   Thus the  Cook Inlet  market is                                                              
vertically integrated  with the two largest producers  being their                                                              
own best customers  through the medium of sales to  the LNG export                                                              
facility.   Mr.  Pickett advised  RCA's Order  U-08-58 found  that                                                              
the  continued  operation   of  the  LNG  facility   in  Kenai  is                                                              
important  to the overall  health  of the Cook  Inlet natural  gas                                                              
marketplace.   The next slide  entitled "Pricing Cook  Inlet Gas,"                                                              
indicated that Cook  Inlet is not an open and  transparent natural                                                              
gas  market; there  is no  commonly accepted  natural gas  pricing                                                              
mechanism;  since the  "Henry  Hub" order,  a  variety of  pricing                                                              
proxies  have been  considered by  the  utilities, the  producers,                                                              
the  attorney general,  and the  RCA;  and none  of these  pricing                                                              
proxies  has  resulted  in  an RCA  approved  GSA  that  currently                                                              
delivers gas to  utility customers.  The slide  entitled "Electric                                                              
Utilities   Infrastructure  Needs"   relates  that  the   Railbelt                                                              
Electrical Grid  Authority (REGA) Study issued in  September 2008,                                                              
estimated   cumulative   capital   investment   requirements   for                                                              
generation  and  transmission  expansion   and  replacement  needs                                                              
range from  $2.5 billion to  $8.1 billion  over the next  30 years                                                              
with a significant  amount of those investments being  made in the                                                              
next  10-15  years.    The  slide   entitled  "Installed  Railbelt                                                              
Generation" displayed  a pie chart illustrating   the many sources                                                              
of  power  to  the  Railbelt.    According  to  the  chart,  power                                                              
generated by  natural gas represented  63.7 percent of  the total,                                                              
largely  due   to  the  contribution   by  the  Chugach   Electric                                                              
Authority  (CEA) Beluga  Power  Plant and  the  Municipal Light  &                                                              
Power  (ML&P)  Plant No.  2.   The  Beluga  plant  is  in need  of                                                              
capital  improvements  which will  be  costly, given  the  current                                                              
state  of the  financial  markets  and  the degrading  of  utility                                                              
credit   ratings.     The   slide  entitled   "Existing   Railbelt                                                              
Generation  &  Proposed  Projects"  illustrated  a  bar  graph  of                                                              
existing and  proposed projects.   He raised  the question  of how                                                              
to replace the existing generation of power for the Railbelt.                                                                   
                                                                                                                                
3:54:36 PM                                                                                                                    
                                                                                                                                
MR.  PICKETT presented  the  slide entitled  "Regulatory  Issues,"                                                              
and explained  "firm power" supplies  are a predictable  source of                                                              
power that  can be  scheduled by  a utility  and that offset  both                                                              
fuel and generation capacity expenses such as hydroelectric, co-                                                                
generation,  and geothermal.   "Non-firm"  power  supplies are  an                                                              
unpredictable  source of  power  that can  not be  scheduled by  a                                                              
utility.   The provision  of non-firm power  only offsets  the use                                                              
of fuel  by the utility.   Generation capacity must  be maintained                                                              
to provide  power when  the non-firm power  is unavailable.   Some                                                              
of these sources are wind, solar, some hydroelectric, and tidal.                                                                
                                                                                                                                
3:56:26 PM                                                                                                                    
                                                                                                                                
CO-CHAIR MILLETT inquired as to how to account for net metering.                                                                
                                                                                                                                
MR.  PICKETT responded  that  a discussion  of  net metering  will                                                              
follow.                                                                                                                         
                                                                                                                                
3:57:12 PM                                                                                                                    
                                                                                                                                
MR. PICKETT  presented a slide  entitled "Power Cost  Equalization                                                              
(PCE)  Program" and  explained  under the  PCE  program the  state                                                              
pays  a  portion  of  the electric  bills  for  consumers  in  150                                                              
communities  served by  utilities  participating  in the  program.                                                              
The RCA  establishes the PCE  rate applicable to  each participant                                                              
utility's  billings,  regardless   if  the  utility  is  otherwise                                                              
subject to  RCA's economic  regulation.   The next slide  entitled                                                              
"PCE  Program"   stated  AS  42.45.110(c)(2)  provides   that  the                                                              
commission will,  during each fiscal year, adjust  the power costs                                                              
for which  PCE may  be paid to  an electric  utility based  on the                                                              
weighted   average   retail   residential   rate   in   Anchorage,                                                              
Fairbanks,  and  Juneau, and  subject  to the  statutory  ceiling.                                                              
Mr. Pickett  added that  the RCA processes  the fuel  cost filings                                                              
and performs  a desk  audit every  three years;  however,  the PCE                                                              
program is  actually administered  by the Alaska  Energy Authority                                                              
(AEA).    He  displayed  the next  slide  entitled  "RCA  Role  in                                                              
Renewable  and Alternative  Energy,"  and explained  that the  RCA                                                              
considered  adopting  federal  net  metering  and  interconnection                                                              
standards under the  U.S. Department of Energy Policy  Act of 2005                                                              
(EPACT).   However, the commission  declined to adopt  any federal                                                              
standards because  they did not adequately address  the conditions                                                              
in Alaska.   After  two years of  study, the  RCA decided  to open                                                              
docket R-09-1  to address net metering  and create an  Alaska rule                                                              
that  will encourage  the  development  of small  scale  renewable                                                              
generation  while maintaining  system  integrity and  apportioning                                                              
costs  fairly   among  consumers  and  consumer-producers.     The                                                              
completion  of this rule  is a  high priority  and is expected  by                                                              
the end of  the year.  The goal  in docket R-09-2 is  to create an                                                              
interconnection  standard  that   recognizes  Alaskan  conditions,                                                              
provides  uniformity   in  the  interconnection   requirements  of                                                              
Alaskan  electric utilities,  and  simplifies the  interconnection                                                              
process  for  small,  distributed  resources.   Finally,  the  AEA                                                              
requires   that   all  independent   power   producers   receiving                                                              
renewable energy  grants obtain a  CPCN from the RCA;  however, he                                                              
opined that a  regulation investigation that is less  than "a full                                                              
cost of service approach" is desired.                                                                                           
                                                                                                                                
4:02:35 PM                                                                                                                    
                                                                                                                                
MR.  PICKETT, in  response  to  Representative Johansen,  said  an                                                              
independent power  producer (IPP) is a private  sector entity that                                                              
is in the  business of creating an electrical  generation facility                                                              
that will sell electrical power to a utility at a fixed amount.                                                                 
                                                                                                                                
4:03:18 PM                                                                                                                    
                                                                                                                                
CO-CHAIR EDGMON  estimated that  independent power producers  will                                                              
constitute  about  25  percent   of  the  renewable  energy  funds                                                              
appropriated by the legislature.                                                                                                
                                                                                                                                
MR.  PICKETT  agreed,  although  he  said  he  had  not  seen  the                                                              
figures.                                                                                                                        
                                                                                                                                
4:03:50 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  PETERSEN related  his  constituents are  concerned                                                              
about the  cost of natural gas  prices and are asking  whether the                                                              
cost will go down in light of the decrease in Henry Hub prices.                                                                 
                                                                                                                                
MR.  PICKETT noted  that the  proposals for  in-state natural  gas                                                              
pipelines offer  prospects for  reducing the  cost in  the future;                                                              
also,  ENSTAR  is   actively  looking  for  a  gas   supply.    He                                                              
acknowledged  that  the  challenging  economic  environment,  with                                                              
demand  destruction   and  the   collapse  of  commodity   prices,                                                              
presents an unknown response from the industry.                                                                                 
                                                                                                                                
4:05:25 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  RAMRAS inquired  as to whether  it is  possible to                                                              
join all  of the  utilities together  when some utility  customers                                                              
will  see an increase  in their  kilowatt  cost as  a result.   He                                                              
further  asked   whether  the   amalgamation  of  utilities   with                                                              
different  debt  structures,  kilowatts,  and bond  ratings,  will                                                              
affect some utilities'  credit worthiness.  "How in  the world are                                                              
we going to  put all of these  entities together?  ...  isn't that                                                              
going to  be, certainly that'll  come under some  RCA jurisdiction                                                              
... ," he said.                                                                                                                 
                                                                                                                                
MR. PICKETT affirmed  these are challenging issues  that a working                                                              
group of executives  from the utilities is considering;  he opined                                                              
that as  new generation and  transmission capacity comes  on line,                                                              
this structure  will  be the vehicle  through  which [the  gas is]                                                              
brought  to  the  marketplace  with   the  "postage  stamp"  rates                                                              
offered  as an  incentive for  the utilities'  participation.   An                                                              
integration   of   all  of   the   utilities'  assets   would   be                                                              
[problematic];  however,  that  is  not  the plan.    Mr.  Pickett                                                              
remarked:                                                                                                                       
                                                                                                                                
     What the role  of the RCA would be would,  as particular                                                                   
     a generation  and transmission  capacity that's  in, say                                                                   
     a utility's  rate base, is  taken out of rate  base, and                                                                   
     perhaps put  somewhere else,  that would take  an action                                                                   
     of the commission.   And that would be sort  of a timely                                                                   
     thing, and  that would take  the obvious cooperation  of                                                                   
     the utility, too.                                                                                                          
                                                                                                                                
4:08:50 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  RAMRAS  gave  an  example  of  the  six  committee                                                              
members  as  six utilities,  all  with  different rates  to  their                                                              
consumers.    He  asked  Mr. Pickett  to  explain  the  impact  of                                                              
consolidation on each of the utility's postage stamp rates.                                                                     
                                                                                                                                
MR. PICKETT  opined that, although he  has not seen the   proposed                                                              
legislation,  the  postage  stamp  rate  will  ultimately  be  the                                                              
number that is assigned  to it.  Furthermore, the  number will not                                                              
be known  until the generation  and transmission costs  are known,                                                              
thus it is not  possible to answer the question until  it is known                                                              
what physical assets are proposed to be brought online.                                                                         
                                                                                                                                
4:11:00 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE RAMRAS  asked for  the definition of  postage stamp                                                              
rate.                                                                                                                           
                                                                                                                                
MR. PICKETT  answered that a  postage stamp rate  typically refers                                                              
to a  fixed and  discrete amount  for some  level of service  that                                                              
everybody pays.                                                                                                                 
                                                                                                                                
4:11:47 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  PETERSEN  gave  an  example  in  which  a  private                                                              
company developed  a geothermal power plant for  the generation of                                                              
electricity  at Mt.  Spurr.  He  asked whether  the company  would                                                              
come under RCA regulation.                                                                                                      
                                                                                                                                
MR. PICKETT responded  it may or may not.  Federal  statutes would                                                              
have to determine  whether it is a qualifying  facility that would                                                              
come   under  regulation   by   the  Federal   Energy   Regulatory                                                              
Commission (FERC).                                                                                                              
                                                                                                                                
REPRESENTATIVE  PETERSEN  asked   whether  the  company  would  be                                                              
considered a independent entity.                                                                                                
                                                                                                                                
MR.  PICKETT  clarified  that  if  one  of  the  utilities,  or  a                                                              
consortium of  utilities, that are  currently regulated  built the                                                              
project it  may not  be considered  an independent.   This  is the                                                              
case of an  Anchorage utility that  has an interest in  the Beluga                                                              
gas field.                                                                                                                      
                                                                                                                                
4:13:00 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  TUCK     asked  for  an  explanation   of  the  QF                                                              
designation.                                                                                                                    
                                                                                                                                
MR.  PICKETT  said   that  he  was  not  an  expert   on  FERC  QF                                                              
certification  processes; however,  he said  he knew  there  was a                                                              
self  certification   process  in  which  the   independent  power                                                              
producer (IPP),  after meeting  certain conditions,  could certify                                                              
itself.   He opined the process  has been "tightened up"  and FERC                                                              
is  more involved.   Qualifying  facility  certification has  been                                                              
proposed  recently for  hydro projects.   In  further response  to                                                              
Representative   Tuck,  Mr.   Pickett  said   QF  exemptions   are                                                              
exemptions from certification and from economic regulation.                                                                     
                                                                                                                                
4:14:33 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  RAMRAS returned  to the "fit,  willing, and  able"                                                              
language in  the CPCN certification  process and opined  that [the                                                              
language]  is an assessment  made by  the RCA.   Therefore,  if an                                                              
entity,  such as ANGDA,  that offers  no service,  fell under  the                                                              
RCA regulation  as a natural gas  pipeline or as a utility,   "how                                                              
do you  determine 'fit, willing,  and able'  as opposed to  ... an                                                              
ENSTAR   who  is   going  to   go  from   transmission  lines   in                                                              
Southcentral,  and is contemplating  expanding their  service?" he                                                              
asked.                                                                                                                          
                                                                                                                                
MR. PICKETT explained  that in a filing for a CPCN,  the burden to                                                              
establish  worthiness will  be on  the entity  making the  filing.                                                              
He said,  " ...  I don't  think it would  be fair  for me  to make                                                              
specific  hypothetical responses  to  what may  become a  filing."                                                              
Obviously,  he continued,  the  commission  will  review what  the                                                              
entity  has done  in  the past  and  whether  it demonstrated  the                                                              
managerial   and  administrative   capacity,  and  the   financial                                                              
ability, to fulfill the purpose of the filing.                                                                                  
                                                                                                                                
4:18:42 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE RAMRAS  then asked, if  ANGDA wanted a  bond filing                                                              
for $250  million, whether  it would  have to demonstrate  through                                                              
its business  plan, that  it is  fit, willing,  and able  prior to                                                              
the  bond application.   He  said, "  ... how  would you,  because                                                              
$250  million is  not  an insignificant  sum  of  money, ...  [and                                                              
ANGDA  has] never moved  a single  molecule;  they would become  a                                                              
natural gas  pipeline and  a natural  gas distribution;  they want                                                              
the state  to facilitate  all this  bonding;  at what point  would                                                              
the RCA  insert themselves  into the  regulatory process?   Before                                                              
[ANGDA] got  the money, after  they got  the money, [or]  with the                                                              
business plan ... ?"                                                                                                            
                                                                                                                                
MR. PICKETT responded:                                                                                                          
                                                                                                                                
     Again,   I   can   not  speak   for   the   other   four                                                                   
     commissioners.   I have my own personal  philosophy, how                                                                   
     I would  react and these  exact same questions  would be                                                                   
     made  and  argued  in  adjudication   amongst  the  five                                                                   
     commissioners  and   we  would  have  would   have  some                                                                   
     commissioners  saying  this,  and we  would  have  other                                                                   
     commissioners  arguing the  opposite side.   And at  the                                                                   
     end  of the  day, three  of  five votes  would make  the                                                                   
      determination as to the conditions under which that                                                                       
     certificate would be issued.                                                                                               
                                                                                                                                
MR. PICKETT,  in further response  to Representative  Ramras, said                                                              
that  he would  prefer  not  to say  what  his argument  would  be                                                              
during the aforementioned debate.                                                                                               
                                                                                                                                
REPRESENTATIVE  RAMRAS  opined   this  discussion  is  germane  to                                                              
legislative  policy and,  though the  RCA can  not speak about  an                                                              
issue before it,  he again asked for Mr. Pickett's  opinion on the                                                              
theory presented to him.                                                                                                        
                                                                                                                                
MR. PICKETT  advised that  his approach is  based on  the evidence                                                              
and  influenced  by  his  personal  philosophy  towards  financial                                                              
feasibility  analysis over  a period  of  time.   In addition,  he                                                              
said he has  specific ideas as to  capacity issues and  looks to a                                                              
broader set  of evidence  beyond what is  presented on  paper; for                                                              
example, "can you walk the talk?"                                                                                               
                                                                                                                                
4:21:54 PM                                                                                                                    
                                                                                                                                
CO-CHAIR MILLETT  asked for further  information on  the Matanuska                                                              
Electric Association (MEA) docket.                                                                                              
                                                                                                                                
MR.  PICKETT  recalled  the  RCA opened  a  regulation  docket  in                                                              
September  2007, at  the  request  of MEA,  to  explore whether  a                                                              
generation  and transmission  cooperative  should be  formed.   At                                                              
the same time the  REGA study was undertaken, and  the RCA elected                                                              
to hold the  docket open in  abeyance for the REGA  study finding.                                                              
At  the last  public  meeting in  February,  the  RCA intended  to                                                              
gather integrated  resource plans  from the utilities  for review;                                                              
however,   representatives  of   MEA  requested   no  action   and                                                              
requested  instead that the  RCA place  in the  record a  piece of                                                              
proposed legislation  dealing with some of the REGA  issues.  Thus                                                              
the  RCA does  not  intend  to take  action  as the  REGA  process                                                              
continues.                                                                                                                      
                                                                                                                                
4:24:10 PM                                                                                                                    
                                                                                                                                
CO-CHAIR MILLETT  surmised that  the proposed legislation  "states                                                              
their case for their integrated [resources plan] IRP."                                                                          
                                                                                                                                
MR. PICKETT  clarified that  the proposed  legislation is  related                                                              
to  the  subject  matter  of  the  open  regulation  docket.    He                                                              
suggested that the  question of the legislation's  purpose is best                                                              
addressed to the representatives of MEA.                                                                                        
                                                                                                                                
4:24:57 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  MILLETT  further asked  whether  any other  utility  has                                                              
submitted an IRP to add to the docket.                                                                                          
                                                                                                                                
MR. PICKETT said he would look at the docket and report back.                                                                   
                                                                                                                                
4:25:25 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  TUCK  spoke  of  the  two  proposed  gas  pipeline                                                              
routes  and the possibility  that  both a "bullet  line" from  the                                                              
North Slope  to Southcentral, and a  "spur line" off of  the major                                                              
pipeline to  Canada, will  be built.   He observed that  customers                                                              
for the  bullet line will be  consumers, industry, and  the export                                                              
market;  customers for  the spur  line will be  the export  market                                                              
only.    Representative  Tuck  asked  if  the  RCA  will  regulate                                                              
whether in-state  consumers and industry will be  able to purchase                                                              
gas from the larger [spur] line at a presumably lower price.                                                                    
                                                                                                                                
MR.  PICKETT predicted  that  these  pipelines will  be  regulated                                                              
under the Pipeline  Act.  He opined the intent of  the support for                                                              
the in-state  line  is to provide  an adequate  supply of  natural                                                              
gas at  reasonable  rates to consumers.   The  "unknowns"  at this                                                              
time are  the price of  the gas at the  wellhead, the cost  of the                                                              
construction of the  line, and the volume of the  gas.  In further                                                              
response  to  Representative  Tuck,  Mr.  Pickett  confirmed  that                                                              
matters relating  to "telecom" were missing from  the presentation                                                              
because the presentation was only related to energy.                                                                            
                                                                                                                                
4:28:22 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  EDGMON observed  the [four] different  types of  dockets                                                              
that  the   RCA  can   administer  are   identified  by   (I)  for                                                              
investigation;  (U) for  utilities;  (R) for  regulation; and  (P)                                                              
for  pipelines.     He  again   referred  to  the   organizational                                                              
structure  of the commission  and  asked whether  it is "lean"  to                                                              
the point where  the commission spends less time  on investigation                                                              
than warranted.                                                                                                                 
                                                                                                                                
MR.  PICKETT emphasized  that  the  burden of  proof  is upon  the                                                              
commission for investigative  dockets; therefore, there  must be a                                                              
clear and  compelling reason  to open these  dockets.   He pointed                                                              
out the RCA is operating with eight staff vacancies.                                                                            
                                                                                                                                
4:30:08 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  EDGMON asked  about  the  future of  the  RCA as  Alaska                                                              
enters into a new chapter of renewable and alternative energy.                                                                  
                                                                                                                                
MR. PICKETT  acknowledged that  the RCA  is driven intensely  with                                                              
statutory  deadlines and  expressed his  preference to  not be  in                                                              
that  position.   As for  the future,  the RCA  will work  closely                                                              
with  the  AEA  in  connection   with  renewable  and  alternative                                                              
energy.  He advised  there will be a need for  additional staff to                                                              
do the job.                                                                                                                     
                                                                                                                                
4:31:25 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  MILLETT  recalled that  the  AEA funded  25  independent                                                              
power provider  projects  that require a  "quasi" regulation  role                                                              
by the RCA.   She asked how  this additional role will  affect the                                                              
RCA's level of service.                                                                                                         
                                                                                                                                
MR.  PICKETT  stated that  he  requested  from the  AEA  executive                                                              
director an  outline of the  specific level of regulation,  beyond                                                              
[the  issuance of]  the CPCN,  required of  the RCA.   In  further                                                              
response to Co-Chair  Millett, he agreed to supply  a copy of this                                                              
outline to the committee.                                                                                                       
                                                                                                                                
4:32:47 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  RAMRAS thanked Mr.  Pickett for  his work  and his                                                              
presence before the committee.                                                                                                  
                                                                                                                                
CO-CHAIR EDGMON also thanked Mr. Pickett.                                                                                       
                                                                                                                                
4:34:18 PM                                                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being  no further business  before the committee,  the House                                                              
Special Committee on Energy meeting was adjourned at 4:34 p.m.                                                                  

Document Name Date/Time Subjects
RCA Presentation 02242009.pdf HENE 2/24/2009 3:00:00 PM