Legislature(1997 - 1998)

11/18/1998 10:00 AM House EUR

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
 JOINT COMMITTEE ON ELECTRIC UTILITY RESTRUCTURING                             
                 NOVEMBER 18, 1998                                             
                     10:00 am                                                  
                                                                               
Note:  These minutes were prepared by Co-Chairman Rokeberg's                   
staff.                                                                         
                                                                               
                                                                               
TAPES                                                                          
1 Sub-Committee Report, Testimony, Committee Discussion                        
2 Black & Veatch Report, Committee Discussion                                  
                                                                               
CALL TO ORDER                                                                  
                                                                               
CO-CHAIRMAN NORMAN ROKEBERG convened the Joint Committee on                    
Electric Utility Restructuring at 10:12 am.                                    
                                                                               
PRESENT                                                                        
                                                                               
Committee members present were Co-Chair(s) Rokeberg, Sharp,                    
Senator Leman, Representative Dyson, Karisse Ackerman for                      
Representative Davies in Fairbanks.                                            
                                                                               
ABSENT                                                                         
                                                                               
Committee members absent were Senator Adams, Senator Taylor,                   
Representative Austerman.                                                      
                                                                               
ALSO ATTENDING                                                                 
                                                                               
Ed Kozak, Kodiak Electric Association; Jim Patras, Homer Electric              
Association; Ray Kreg, Chugach Electric; Carol Hegman, Chugach                 
Electric; Anne Hays, IBEW; Robert Hansen, Golden Valley Electric;              
Tom Staudenmaier; Meera Kohler, ML&P; Mary Fisher, ARECA; Vivian               
Kinnaird, Chugach Electric; Robert Maxwell, Alaska Energy                      
Associates; Hart Hodges, Northern Economics; Mary Ann Pease,                   
Aurora Power; Theresa Jurotich, Black & Veatch; Myron Rollins,                 
Black & Veatch; Paul Morrison, APUC; Joanne Stoop, GVEA; M.                    
Riddle, GVEA.                                                                  
                                                                               
SUMMARY OF INFORMATION                                                         
                                                                               
OPENING REMARKS                                                                
                                                                               
CO-CHAIR ROKEBERG: Calls roll and welcomes all committee members               
and people attending meeting either in person or by                            
teleconference.  We do have a quorum to conduct business.  Goes                
over agenda, after report given by Senator Leman, will open up                 
the hearing for additional public testimony, we will conclude the              
public testimony and will have ample opportunity to have                       
committee discussion before the lunch break and possibly include               
audience members in this discussion.  JOINT COMMITTEE ON ELECTRIC UTILITY RESTR
NOVEMBER 18, 1998                                                              
                                                                               
CO-CHAIR ROKEBERG: Will reconvene after lunch break for a                      
presentation on the power pooling and central dispatch study at                
1:30 pm.  After presentation there will be a brief discussion,                 
and hope to be able to adjourn before 3:00 pm if not sooner.                   
With that, I would like to ask Senator Leman to give a brief                   
report and recommendation as to the RFP and his work on the sub-               
committee with the APUC.                                                       
                                                                               
SENATOR LEMAN, Chairman of EUR Sub-Committee: Thank you Mr.                    
Chairman.  The members will recall that at a meeting in September              
we went through the draft, scope of work for a proposed study to               
be done jointly with the APUC.  Senator Leman met with the APUC,               
staff and technical people and together they refined the scope of              
work, incorporating comments that several members made,                        
particularly Representative Davies, and Representative Dyson, as               
well as other comments made at the September sub-committee                     
meeting.  Senator Leman & APUC also spoke with a representative                
from NRRI by teleconference to discuss the RFP scope.  This                    
review was done without cost.  Scope of this report was very                   
thorough, the NRRI representative said committee was asking for                
so much, "we" agreed with that and he suggested we refine the                  
scope of work to make it more understandable in a request for                  
proposals and we incorporated our guidelines as an appendix to                 
the request for proposal.  During this meeting worked toward goal              
to make this report understandable to anyone reading it for the                
first time and would be able to understand the background of                   
Alaska.  The first priority is the pilot study in the Anchorage                
area, and identified an earlier delivery of that work product.                 
APUC suggested March 12th; Senator Leman would like it done a                  
little earlier than that.  Target date for a draft report due the              
end of March and a presentation to the Legislature on or about                 
April 19th.  This would include special committees or joint                    
committees of the Legislature that would hear the presentation                 
and the contractor would issue a final report by June 30th.  The               
APUC advertised in state and received one or two responses; APUC               
requested and was given permission to advertise outside the                    
state.  They are receiving more calls and requests for the                     
request for proposal packet.  The deadline for the proposal is to              
be due December 9th, interviews have been schedule December 17th.              
Selection committee will include representation from the                       
Legislative branch and the APUC.  The funding has been approved                
by the commission for up to $200,000.00.  Expects to have                      
somebody under contract and (indisc. coughing), and should begin               
prior to the start of the Legislative session.                                 
                                                                               
The committee members discussed the target award date of January               
12th.  There may be a short delay of a few days, but should have               
somebody under contract shortly after January 12th.  Senator                   
Leman referred to the request for proposal which was sent                      
electronically to each committee member.  Co-Chairman Rokeberg                 
asked if anyone was aware of something being removed from the                  
APUC's docket at their last meeting?  No one from the APUC was at              
the morning meeting and question could not be answered at that                 
time.                                                                          
                                                                               
                                                                               
       JOINT COMMITTEE ON ELECTRIC UTILITY RESTRUCTURING                       
                       NOVEMBER 18, 1998                                       
                                                                               
CO-CHAIR ROKEBERG: Thanked Senator Leman and the members of the                
sub-committee for working on this project.  He is aware that a                 
good deal of time and effort was put forward and the committee                 
really appreciates that.  It was discussed at the Fairbanks                    
meeting that once the recommendations were put together a poll of              
members would be conducted, but this has not been formally                     
accomplished.  The Chair would entertain a motion that we accept               
the sub-committee report and make a recommendation to the APUC to              
move forward with the contract.                                                
                                                                               
CO-CHAIR SHARP: So motioned.                                                   
                                                                               
CO-CHAIR ROKEBERG: Any objections?  Seeing none, so ordered.                   
                                                                               
CO-CHAIR ROKEBERG: Opened public testimony.                                    
                                                                               
ED KOZAK, Kodiak Electric Association: See written testimony.                  
                                                                               
TOM STAUDENMAIER: See written testimony.                                       
                                                                               
CO-CHAIR ROKEBERG: Asks if anyone else would like to testify, as               
there is no one else who wishes to testify, closes public                      
testimony and begins a committee discussion.                                   
                                                                               
COMMITTEE DISCUSSION                                                           
                                                                               
CO-CHAIR ROKEBERG: Next scheduled meeting is January 6, 1999.                  
The committee will make final recommendations to take back to                  
21st Legislature.  Discussed how much the Legislature needs to be              
involved in managing these changes or allow the APUC to handle                 
day to day details.                                                            
                                                                               
CO-CHAIR SHARP: Time frame of the study was brought up and what                
the study will involve and the scope of the study.  Is very                    
interested in hearing the Black & Veatch report and what the APUC              
has come up with in regards to how to implement study.  After                  
hearing this, the committee will have a better understanding of                
the scope of the pilot program and will be better informed to                  
make the final recommendations to the 21st Legislature.                        
                                                                               
CO-CHAIR ROKEBERG: Agrees with Senator Sharp.  Final resolution                
will include statements regarding the study.  States committee                 
will take into consideration all the public testimony that has                 
been heard and pass this along to the 21st Legislature.  The                   
House has established a special committee to take up any                       
telecommunications issues as well as electric utility                          
restructuring during the 21st Legislature; this will be under the              
purview of the Labor & Commerce Committee of both "Houses".                    
                                                                               
                                                                               
       JOINT COMMITTEE ON ELECTRIC UTILITY RESTRUCTURING                       
                       NOVEMBER 18, 1998                                       
                                                                               
CO-CHAIR SHARP: The recommendations of this committee will get                 
the new committees "off ground zero" a good place to start.                    
                                                                               
CO-CHAIR ROKEBERG: The record of this committee is the foundation              
of the entire policy making process and will expedite it                       
substantially. Thanks all the people who participated in the                   
process.  Believes this committee has honed down a lot of the                  
issues and will be of great assistance and an asset to the new                 
committees and the 21st Legislature.  Would like to get a sense                
of the committee as Ms. Seitz & Ms. Kreitzer and everyone else                 
and their staffs will be working on some recommendations for the               
committee which we can circulate over the holiday season prior to              
our meeting, to get a sense of the committee.  To work on drafts               
to decide how far we want to go in the issue about Legislature                 
making policy, statues, and how much latitude we want to give the              
APUC.                                                                          
                                                                               
SENATOR LEMAN: Reiterated his opinion that the Legislature should              
be involved in broad policy statements and the APUC should be                  
involved in the detail and implementation. States the APUC is                  
reticent in using the power that they have to move to implement                
some areas of competition.  One question that needs to be                      
addressed by the next Legislature is to clarify that competition               
is the norm unless demonstrated otherwise. This is much like game              
management or fisheries management, the Legislature does much                  
better by establishing general policy and letting that detail be               
done by others.  Would be willing to support something like that.              
APUC needs a little guidance on how to implement policy.                       
                                                                               
CO-CHAIR ROKEBERG: Discuss whether to recommend to the next                    
Legislature, stranded cost development, reliability and totality               
of those issues that we have identified.  Doesn't feel the                     
committee should make any statutory recommendations other than in              
a more general form.                                                           
                                                                               
SENATOR LEMAN: The committee can offer a number of possibilities,              
if we don't want to take a side on it now because we have the                  
study ongoing I can understand that.  Believes the committee does              
have the capacity to lay out some options which may help the                   
contractor responding to us, give different approaches.                        
                                                                               
REPRESENTATIVE DYSON: Reluctant to speak on this.  States he may               
be out of step with the committee.  Recommends fundamental                     
questions the committee needs to deal with, such as policy level.              
Is not sure if competition is the norm for electric power.                     
Doesn't believe competition is the norm for water distribution or              
sewage. Need to ask the fundamental question is there a public                 
responsibility for universal service for power distribution.                   
Touches on clean air, water, waste disposal in rural Alaska; for               
this we need electric power.                                                   
                                                                               
                                                                               
       JOINT COMMITTEE ON ELECTRIC UTILITY RESTRUCTURING                       
                       NOVEMBER 18, 1998                                       
                                                                               
REPRESENTATIVE DYSON: Electric power is important to schools,                  
medical facilities and communications.  Thinks we need to                      
consider the question is providing electric power a basic human                
service that the state has a responsibly to see is available.                  
Touches on the communications industry and problems that were                  
faced.  Also brings up the huge markets down in the lower 48,                  
electric competition has not demonstrated that we know how to do               
it and manage it well.  Touches on a few of the horror stories                 
that the committee has heard.  Doesn't feel Alaska needs to lead               
or be in the forefront of deciding how this is done in North                   
America.  States we can learn from the lower 48's mistakes.                    
Mentions power pooling, economic dispatch and wholesale                        
competition and retail competition.                                            
                                                                               
CO-CHAIR SHARP: Let's wait and see what the APUC presents this                 
afternoon and entertain questions to them on other peripheral                  
topics regarding competition that may be on some of our minds.                 
How would this work, they must have some kind of perception of                 
what they feel would have to be done if we come out with a                     
mandate or perimeters legislatively that puts them in a position               
basically of not having to approve rate tariffs anymore because                
condominium associations can come in and negotiate or other small              
groups deciding how much each sub-division should pay.                         
                                                                               
REPRESENTATIVE DYSON: Wants APUC to be more pro-active and not                 
reactive. Doesn't feel like it is in the consumers' best interest              
in forcing the utilities to do the very best job they are capable              
of, this should have been done voluntarily.                                    
                                                                               
CO-CHAIRMAN ROKEBERG: Recessed for lunch at 11:30 am.  Committee               
will reconvene at 1:30 pm                                                      
                                                                               
CO-CHAIRMAN ROKEBERG: Reconvened the meeting at 1:46 pm.  Called               
roll, quorum to conduct business.                                              
                                                                               
MYRON ROLLINS, Black & Veatch: See written testimony.                          
                                                                               
CO-CHAIR ROKEBERG: Senator Sharp will you be able to attend the                
next meeting?                                                                  
                                                                               
CO-CHAIR SHARP: No, I'm not sure I can be here, I will probably                
attend by teleconference.                                                      
                                                                               
CO-CHAIR ROKEBERG: In that case, I'm going to take this                        
opportunity to .since this may be your last chance to get a gavel              
in your hand, turn the gavel over to you.                                      
                                                                               
CO-CHAIR SHARP: I'm good at adjourning, is that what you want me               
to do? (laughter)                                                              
        JOINT COMMITTEE ON ELECTRIC UTILITY RESTRUCTURING                      
                       NOVEMBER 18, 1998                                       
                                                                               
CO-CHAIR ROKEBERG: It may be your last opportunity after an                    
illustrious decade long period in the Legislature to do so, and I              
will turn the meeting over to you, we were discussing some                     
various things about the direction of this committee.  Would you               
like to discuss this further?                                                  
                                                                               
CO-CHAIR SHARP: Thank you Mr. Co-Chair.  Doesn't have anything to              
add at this time, you have allowed us to participate quite                     
frequently in the discussion.  Looks forward to keeping in                     
contact between now and the January meeting to have some                       
additional information filtered down from the APUC and we can get              
some information on what the actual prospectus was or the                      
(indisc.) or what the draft may be.  Has nothing further to add,               
asks for comments from other committee members.                                
                                                                               
SENATOR LEMAN: Applauds the Co-Chairs on their leadership of the               
committee.  Doesn't sound like we have come to anymore consensus               
then when we started, except for the fact that we are moving                   
ahead.  I would suggest that we make a positive statement to the               
next Legislature about competition, or we at least make a                      
statement would somehow be positive to the APUC about pilot study              
(a well-crafted study) in the Anchorage area.  States this is a                
positive step and if well designed it may give us the information              
we need to move on.  Mr. Chairman would you like to take that up               
at our January meeting?                                                        
                                                                               
CO-CHAIR ROKEBERG: I would hope that we can reach a general                    
outline and general consensus points that we could present a                   
document and discuss that document at the January 6th meeting.                 
                                                                               
SENATOR LEMAN: Looking for common ground.                                      
                                                                               
CO-CHAIR ROKEBERG: Would be helpful if we could do that.                       
                                                                               
REPRESENTATIVE DYSON: Would like committee to recommend that the               
Legislature consider universal service.  This would be a                       
precursor to any reevaluation that we do with power cost                       
equalization.  Is providing affordable electric power to                       
communities is a public policy issue?                                          
                                                                               
CO-CHAIR ROKEBERG: Shares Representative Dyson's concern about                 
the importance of universal service, doesn't believe a linkage                 
between the power cost equalization issue and the issue before                 
this committee is appropriate.  Counsels very strongly against                 
it.  Once we do that we are not going to be able to make any                   
political progress whatsoever, and I would not like to see that.               
Appreciates your point.                                                        
                                                                               
REPRESENTATIVE DYSON: (indisc.) logical, but probably politically              
inadvisable.                                                                   
                                                                               
                                                                               
       JOINT COMMITTEE ON ELECTRIC UTILITY RESTRUCTURING                       
                       NOVEMBER 18, 1998                                       
                                                                               
CO-CHAIR ROKEBERG: Brings up cherry picking, states if we                      
approach a pilot program, that we recommend it be a percentage of              
a market area, but not what percentage it should be.  Has to be a              
large enough area to generate "good" information and data.                     
Equalize commercial and residential service to avoid cherry                    
picking.                                                                       
                                                                               
REPRESENTATIVE DYSON: States this gets back to universal service               
question, one solution to cherry picking is we say as an entry                 
into this market, if you want to go after customers you have                   
agree to take any of them.                                                     
                                                                               
CO-CHAIR ROKEBERG: Mandate it.                                                 
                                                                               
REPRESENTATIVE DYSON: Right.                                                   
                                                                               
CO-CHAIR SHARP: There is a diverse opinion between the four                    
members of the committee who are here.  I will work with my co-                
chair to state what I feel needs to be included in the draft                   
before the January meeting and that we all work together to do                 
the same.  Pilot program does have merits, as long as we don't                 
hog-tie the commission into an impossible situation legally.  I                
have nothing else to add.                                                      
                                                                               
CO-CHAIR ROKEBERG: Mr. Chairman, why don't we request that all                 
committee members and we will send out a memo to make a                        
recommendation in writing to my office, right Janet?  Subjects,                
issues or so forth they would like to see in the committee's                   
recommendation.                                                                
                                                                               
CO-CHAIR SHARP: Would you please see that all members get that                 
invitation to participate, early in the first couple of weeks in               
December.                                                                      
                                                                               
CO-CHAIR ROKEBERG: Need to get a target date.  How about December              
7th.                                                                           
                                                                               
CO-CHAIR SHARP: As there is no objection so ordered.  Okay you                 
will be sending out correspondence to all committee members.                   
Anything else Mr. Co-Chairman.                                                 
                                                                               
CO-CHAIR ROKEBERG: Thank you and a happy holiday season to                     
everybody.  Look forward to meeting with everyone after the first              
of the year.                                                                   
                                                                               
CO-CHAIR SHARP:  (Indisc.)  I will be on teleconference.  Thank                
you.                                                                           
        JOINT COMMITTEE ON ELECTRIC UTILITY RESTRUCTURING                      
                       NOVEMBER 18, 1998                                       
                                                                               
CO-CHAIRMAN SHARP adjourned the committee meeting at 2:58 pm.                  
                                                                               
Adjournment                                                                    
                                                                               
NOTE                                                                           
                                                                               
The meeting was recorded and handwritten log notes were taken.  A              
copy of the tapes and log notes may be obtained by contacting the              
House Records Office at 130 Seward Street, Suite 211, Juneau,                  
Alaska  99801-1182, and after adjournment of the second session                
of the Twentieth Alaska State Legislature in the Legislative                   
Reference Library.                                                             
                                                                               
                                                                               

Document Name Date/Time Subjects