Legislature(1999 - 2000)

01/06/1999 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                             
                  JANUARY 6, 1999                                              
                      10:00 AM                                                 
                                                                               
TAPES                                                                          
11, 13                                                                         
2 (Malfunction)                                                                
                                                                               
CALL TO ORDER                                                                  
                                                                               
CO-CHAIRMAN NORMAN ROKEBERG convened the Joint Committee on                    
Electric Utility Restructuring at 10:27 am.                                    
                                                                               
PRESENT                                                                        
                                                                               
Committee members present were Co-Chair Rokeberg, Senator Leman,               
Representative Davies, Representative Dyson.                                   
                                                                               
ABSENT                                                                         
                                                                               
Committee members absent were Co-Chair Sharp, Senator Taylor,                  
Senator Adams, Representative Austerman.                                       
                                                                               
ALSO ATTENDING                                                                 
                                                                               
Representative Hudson; Meera Kohler, ML&P; Dan Helmick, ML&P;                  
Paul Morrison, APUC; Bob Lohr, APUC; Mary Fisher, ARECA; Jim                   
Patras, HEA; Eric Yould, ARECA; Robin Brena, Aurora Power; Mary                
Ann Pease, Aurora Power; Mike Kelly, GVEA; Carol Hegman, Chugach               
Electric; Don Edwards, Chugach Electric.                                       
                                                                               
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.  Brings up draft dated January 1999, and                       
amendments that committee members need to consider from the Co-                
Chair and consider any other amendments.  Will have Senator Leman              
comment on the RFP and discuss the preparation content of the                  
final report of the joint committee.  Doesn't expect that this                 
will take long and then will adjourn the meeting.  Any comments,               
Senator Leman, on the RFP particularly about any dates?        JOINT COMMITTEE 
                        JANUARY 6, 1999                                        
                                                                               
SENATOR LEMAN: Brings to the members' attention that at the last               
meeting the APUC and the Legislature had/or was nearly ready to                
issue the request for proposal for the professional study of                   
electric utility restructuring.  Proposals were due early                      
December; 10 respondents across the country.  Senator Leman and                
two members of the APUC served on the selection committee,                     
reviewed the proposals, & short-listed three firms.  Held                      
interviews on December 17th, selected a firm to begin                          
negotiations. Post notice of intent to offer.  Time period for                 
challenges expired and the APUC went into negotiations and is                  
currently finalizing with CH2MHill.  CH2MHill was the only                     
company to get all the 10 points of the selection process, has an              
in state presence.  The firm will be issued a notice to proceed                
perhaps late this week or early next week.  Work will begin soon               
after this.  One change that was made is the date for the                      
deliverable on the pilot project from March 12th to March 1st.                 
Gives more time in the Legislature.  The contractor is actually a              
team with CH2MHill and Econergy International Corporation.                     
Recognizes two members from the APUC that are here and can answer              
any questions the committee may have.                                          
                                                                               
CO-CHAIR ROKEBERG: Any questions? Chair notes that Commissioner                
Ornquist and staff is here.  Asks Mr. Lohr, APUC, if he would                  
like to make any comments.                                                     
                                                                               
REPRESENTATIVE HUDSON: Asks that the name of the company that                  
will complete the RFP.  Wasn't clear earlier.                                  
                                                                               
SENATOR LEMAN: CH2MHill, Econergy International Corporation.                   
Believes that these two companies will do a professional and                   
complete job.  These companies are currently in Colorado working               
on a similar program.                                                          
                                                                               
CO-CHAIR ROKEBERG: Thanks Senator Leman for all of his hard work               
on the RFP.  Moving on to the final item on the Agenda; mentions               
article that Senator Sharp wanted included in the packet                       
pertaining to the activities in Palm Spring is included and has                
been distributed to all members.  Has requested from the                       
Leadership the funds to subscribe to the LEAP Letter, this deals               
with issues relating to electrical restructuring.  Begins to go                
over the draft and will go through each amendment and take                     
comments from committee members.  Two primary issues: changes to               
the body of the report, member comments.  Starts with member                   
comments, these were added for the members but not the general                 
public.  All are welcome to submit comments to be included in the              
final report.  Recognizes Representative Davies.                               
                                                                               
REPRESENTATIVE DAVIES: Submitted a one-page overview to be                     
included in "that section".          JOINT COMMITTEE ON ELECTRIC UTILITY RESTRU
                        JANUARY 6, 1999                                        
                                                                               
CO-CHAIR ROKEBERG: Senator Leman, Senator Sharp also have inserts              
to the report.  If there is no objection asks that the committee               
add anything that any member of the committee wishes to add to                 
it.  In the form of their own comments, dissents on what the                   
report may ultimately say .  As there is no formal quorum, it is               
the Chair's intention in terms of the practical application of                 
the report, take it up today and circulate it in Juneau prior to               
the 19th, and get approval by circulating a memorandum.  Vote by               
memorandum, any objections?                                                    
                                                                               
SENATOR LEMAN: No objection.                                                   
                                                                               
REPRESENTATIVE DAVIES: No objection.                                           
                                                                               
REPRESENTATIVE DYSON: No objection.                                            
                                                                               
Committee members discuss possible time to have the final meeting              
on January 18, 1999.  After a brief at ease of 2 minutes, the                  
committee members came up with a tentative time of 10:30 am in                 
Fahrenkamp Room.  The committee discussed how to get the written               
comments to Co-Chair Rokeberg's office, he gave his personal fax               
and phone number as office computers and faxes were packed and                 
being shipped to Juneau.                                                       
                                                                               
CO-CHAIR ROKEBERG: Goes back to the report.  Any comments,                     
questions at this time?                                                        
                                                                               
REPRESENTATIVE DAVIES: No problem with Amendment 1, brought up                 
that he had made marginal notes that he would like to go through               
and has come up with alternative language in regards to certain                
parts of the report.                                                           
                                                                               
CO-CHAIR ROKEBERG: Asks Representative Davies to go through his                
concerns, changes that he would like to see made on the report.                
                                                                               
REPRESENTATIVE DAVIES: Would like it stated throughout the report              
that comments were not solicited from the "run of the mill"                    
residential customer.  Mentions that no poll has been taken of                 
the residential customer, brings up the problems that residential              
customers have had in California and also mentions the Black &                 
Veatch report.                                                                 
                                                                               
CO-CHAIR ROKEBERG: Agrees with the point made.  States staff can               
handle that concern, and address in the report.                                
                                                                               
REPRESENTATIVE DYSON: Asked of the Chair what exactly would the                
staff be handling.         JOINT COMMITTEE ON ELECTRIC UTILITY RESTRUCTURING   
                        JANUARY 6, 1999                                        
                                                                               
CO-CHAIR ROKEBERG: Draft language into the introduction to                     
indicate that the committee believes that we did not get enough,               
not enough public participation in the hearing process.                        
                                                                               
REPRESENTATIVE DYSON: Stated he misunderstood and thought the                  
Chair meant that the staff would get more comments from the                    
public.  (laughter)                                                            
                                                                               
CO-CHAIR ROKEBERG: Looks at the report as an alert/transmittal                 
for the public record this committee has established on this                   
issue to pass onto the 21st Legislature.                                       
                                                                               
REPRESENTATIVE DAVIES: Second item page 9 paragraph 3 and a                    
couple of other places throughout the report (3rd & 4th                        
paragraphs).  "General consensus of the committee is that                      
electric restructuring will come to Alaska" .. another point in                
the next paragraph it says "recognize that some form of retail                 
restructuring" .  States that this is not clear to him.  Another               
problem is that it is not clear what "we" mean by restructuring                
at this point.  Instead of saying that electrical restructuring                
is "inevitable" say "likely" or something less certain than that.              
Does not want to pre-judge the results of the RFP, wait and see                
what the results are.                                                          
                                                                               
REPRESENTATIVE DYSON: States he & Representative Davies are                    
"somewhat kindred spirits".  Is not eager to see restructuring                 
happening precipitously, agrees that the wording here is okay and              
that some restructuring is inevitable.  Agrees now is not the                  
time.  Believes restructuring is inevitable and does not find the              
language objectionable.                                                        
                                                                               
CO-CHAIR ROKEBERG: Authored the report and appreciates comments.               
Third paragraph states "for the general consensus is that                      
electrical restructuring will come to Alaska".  It is a matter of              
when and how.  Goes on to defend this issue, as he has been                    
involved in this for two years.  Hasn't heard anyone other than                
IBEW and AKPIRG make any objections to this issue.  Agrees                     
inevitable is a strong word, is open to modifying that.                        
                                                                               
REPRESENTATIVE DYSON: Suggests "it appears at this time                        
inevitable".                                                                   
                                                                               
REPRESENTATIVE DAVIES: Agrees it needs to be modified.  This is                
his main concern.                                                              
                                                                               
CO-CHAIR ROKEBERG: Brings up there is a legitimate debate on                   
whether a pilot program is a good idea and to the results of a                 
pilot program.          JOINT COMMITTEE ON ELECTRIC UTILITY RESTRUCTURING      
                        JANUARY 6, 1999                                        
                                                                               
REPRESENTATIVE DAVIES: Page 9, "there were a few individuals and               
groups that object to competition".  This is not consistent with               
Representative Davies recollection, does not remember anybody                  
saying they objected to competition.  Remembers people being                   
concerned about restructuring, especially in a context where                   
there wouldn't be competition.  Brought up the problem of cherry               
picking.                                                                       
                                                                               
CO-CHAIR ROKEBERG: Stated that reflects the views of some written              
testimony of IBEW & (indisc.) received by the committee that                   
objects to competition.                                                        
                                                                               
REPRESENTATIVE DAVIES: Doesn't believe they object to                          
competition.                                                                   
                                                                               
CO-CHAIR ROKEBERG: "We are talking about the word competition,                 
rather than ..perhaps delete that and change it to                             
restructuring?"  No problem with that understands his point.                   
"Probably use electrical restructuring".                                       
                                                                               
REPRESENTATIVE DAVIES: Top of page 10, third sentence "the                     
commission appears to be reluctant to do so".  (indisc.) He                    
believes that the APUC feels the proposals so far have not been                
adequate.                                                                      
                                                                               
CO-CHAIR ROKEBERG: Defends the language .. Talks about calling                 
the APUC up, but does not want to put them on the spot .                       
(laughter).                                                                    
                                                                               
REPRESENTATIVE DAVIES: States some people feel that APUC is                    
dragging their feet, does not share that view.                                 
                                                                               
CO-CHAIR ROKEBERG: Defends the language "in as much as I drafted               
it".  Believes it reflects his opinion.  Brings up past testimony              
that the committee heard and concerns about the APUC and their                 
ability to move ahead quickly, brings up DOCKET 97-201.  States                
again he does not want to put them on the spot.                                
                                                                               
REPRESENTATIVE DAVIES: Has heard the questions and states that                 
the committee is impatient with the speed that the APUC (indisc.)              
                                                                               
CO-CHAIR ROKEBERG & REPRESENTATIVE DAVIES continue to speak about              
the APUC and their role in the RFP and the direction they will                 
get from the Legislature.                                                      
                                                                               
REPRESENTATIVE DAVIES: Doesn't feel the APUC is necessarily                    
dragging their feet.  States he believes they are taking a                     
prudently cautious view.  (Two or more people talking at once.)        JOINT CO
                        JANUARY 6, 1999                                        
                                                                               
CO-CHAIR ROKEBERG: Open to modification of the language and would              
welcome his help.  This report is a transmittal to the                         
Legislature to take this matter up in a timely fashion.                        
                                                                               
SENATOR LEMAN: Is frustrated with the APUC and its responses and               
has expressed this to the Chairman.  In the last 1/2 year to 3/4               
of the year the Commission has been at least from my perspective               
surprisingly cooperative in taking this up and I believe their                 
interest in dealing with this is real and "I've been pleased with              
that."  Doesn't know if that has anything to do with this                      
committee, but has been pleased with the cooperation from the                  
Commission.  Is encouraged by what he is seeing. Does not see                  
them proceeding blindly and being willing to make some massive                 
changes.  He believes the APUC as well as the Legislature will be              
very methodical in any changes that are made.                                  
                                                                               
REPRESENTATIVE DYSON: Agrees with the Chairman.  In talking with               
the APUC they have been in a position of regulating monopolies.                
Believes the APUC is looking for some policy direction.  Doesn't               
believe they have been saying no, but have been looking for the                
very thing that you are offering, Mr. Chairman.                                
                                                                               
CO-CHAIR ROKEBERG: States there was a split between the various                
factions within the industry, as short as a year ago, about                    
whether or not there was authority in the existing statute                     
(indisc.). Split has "gone away" because of changing attitudes or              
legal interpretations, but was a major point of controversy for a              
number of years as to whether the APUC had the authority or not.               
Will be happy to work with Representative Davies in trying to                  
modify that language in some respects, failing that to make                    
comments in comment section about this issue.                                  
                                                                               
 REPRESENTATIVE DAVIES: This paragraph is the source of his                    
discomfort.  (indisc.)  States APUC has regulatory authority that              
"we" granted them.  We have the statutory authority to grant                   
competition and that they would move in that direction.  Doesn't               
think there are any constitution issues coming up.  The issue is               
how important the members of the committee think it is to                      
highlight the view that there is a (indisc.) shift.  It would                  
then be appropriate for the Legislature to change the statutes to              
make that "underscore" to move this issue ahead, doesn't feel it               
is required.  Doesn't feel there is any disagreement between the               
APUC & Legislature about who sets the policy.                                  
                                                                               
CO-CHAIR ROKEBERG: This was an editorial comment.  Will take                   
another stab at rewriting.  Believes there is a split in the                   
committee about whether to grant the authority to the APUC in a                
clearer manner.        JOINT COMMITTEE ON ELECTRIC UTILITY RESTRUCTURING       
                        JANUARY 6, 1999                                        
                                                                               
REPRESENTATIVE DAVIES: Believes legislation at this point will be              
premature, as the study has not been done.  Agrees that if we                  
want to provide them guidance that we wanted to move ahead then                
there's the requirements of statutory changes.  Brings up                      
universal service and believes there needs to be more discussion               
before moving ahead.                                                           
                                                                               
CO-CHAIR ROKEBERG: We agree then.  Let me make another stab at                 
writing this .                                                                 
                                                                               
REPRESENTATIVE HUDSON: Dropping off the line now, will read over               
the report that was sent down.  Doesn't have the report in front               
of him.  Will see the committee at the January 18, 1999 meeting.               
Congratulates the committee on the great job they are doing.                   
                                                                               
CO-CHAIR ROKEBERG: Thanks Representative Hudson and states that                
he will get a copy to him ASAP.                                                
                                                                               
SENATOR LEMAN: Asks Representative Hudson and committee members                
since the Representative hasn't seen the report would it be                    
better to move the meeting to 10:00 am.                                        
                                                                               
Committee members discuss time of meeting and decide to meet at                
10:00 am.                                                                      
                                                                               
CO-CHAIR ROKEBERG: Thanks Representative Hudson for sitting in                 
and looks forward to seeing him on January 18, 1999.                           
                                                                               
REPRESENTATIVE HUDSON: States that he and his staff are available              
to assist in any way possible.                                                 
                                                                               
REPRESENTATIVE DAVIES: One more comment, under APUC (indisc.)                  
context of the question do you want broad or narrow                            
recommendations.                                                               
                                                                               
CO-CHAIR ROKEBERG: Doesn't understand the question.                            
                                                                               
REPRESENTATIVE DAVIES: Reads this as the APUC is asking the                    
Legislature here for guidance.  "I haven't that."  When asked the              
APUC states they would like policy guidelines.  Equating broad                 
with policy and narrow with regulation.                                        
                                                                               
        JOINT COMMITTEE ON ELECTRIC UTILITY RESTRUCTURING                      
                        JANUARY 6, 1999                                        
                                                                               
CO-CHAIR ROKEBERG: States that the committee review the minutes                
from the last meeting to clarify.                                              
                                                                               
REPRESENTATIVE DAVIES: That is my recollection.                                
                                                                               
CO-CHAIR ROKEBERG: Not sure that he understands even after                     
Representative Davies explained ..                                             
                                                                               
REPRESENTATIVE DAVIES: The question that was put to the committee              
(as recalled) would/should there be broad policy guidance or that              
they be micromanaged.                                                          
                                                                               
CO-CHAIR ROKEBERG & REPRESENTATIVE DAVIES discuss this point                   
further and CO-CHAIR ROKEBERG agrees to rewrite this point.                    
                                                                               
REPRESENTATIVE DAVIES: The last issue: Pilot program, supports                 
the pilot in some form, but the committee does not have the                    
entire scope of the RFP, does not know the right questions to lay              
out.  States doing the pilot program first is putting the "cart                
before the horse."                                                             
                                                                               
SENATOR LEMAN: It is likely that the pilot will be restricted to               
the Anchorage market.  Agrees with part of what he said.  The                  
consultant recognizes that the focus is on the pilot study itself              
limited to Anchorage.  That much of the work should be done by                 
that time and they will have the opportunity to make those                     
comments.  Doesn't feel it is inappropriate to conduct this                    
study.  Doesn't feel there will be much action or comment until                
after March 1st, possibly weeks after this.                                    
                                                                               
                                                                               
CO-CHAIR ROKEBERG: Believes the language in the section about the              
pilot program is not time sensitive.  State conclusions are being              
drawn based on the time frame within the RFP.  States two                      
different points of view that is where the disagreement is.                    
                                                                               
SENATOR LEMAN: Reiterates the thinking was .wanted the early                   
deliverable in case any Legislative action would be necessary to               
deal with the pilot issue.  Wanted to give adequate time to                    
complete the study, did not want to force everything to be done                
at .aggressive schedule.                                                       
                                                                               
REPRESENTATIVE DAVIES: Continues to voice his concern about the                
pilot program.  Doesn't have a problem with the schedule.  Brings              
up recommendations on page 18, number 2 and number 3, not                      
recommending that.                                                             
                                                                               
CO-CHAIR ROKEBERG: In the body, do you want to add any language                
about that issue.                                                              
                                                                               
                                                                               
       JOINT COMMITTEE ON ELECTRIC UTILITY RESTRUCTURING                       
                        JANUARY 6, 1999                                        
                                                                               
REPRESENTATIVE DAVIES: Wants to have added his concern about the               
pilot program.  He will voice his concerns in his comments that                
he will submit to the committee.                                               
                                                                               
CO-CHAIR ROKEBERG: Comments are not time sensitive.                            
                                                                               
SENATOR LEMAN: Voices comments on the part of the draft report                 
that talks about the changes in the contiguous 48 states, Hawaii               
is also currently or has studied restructuring, like us is not                 
under the (indisc.).  It is looking at the possibilities of some               
of the benefits of restructuring.  Will give written comments to               
the committee on this subject.  Recommendations on page 18,                    
second recommendation: Not fully accurate, when we get the                     
recommendations for the design of the pilot, if there are any,                 
not if the Legislature considers whether or not the pilot should               
be implemented, the Legislature will respond if there is a need                
for Legislative action.  The Commission is going to respond to                 
the request for pilot, not the Legislature.  Legislature is not                
the one who should decide whether to implement the pilot or not,               
that is up to the APUC.  "We" will implement Legislation if any                
is necessary.                                                                  
                                                                               
CO-CHAIR ROKEBERG: Doesn't agree with this.                                    
                                                                               
SENATOR LEMAN: As sponsor of the legislation to do that, is not                
speaking against his own legislation.  If the Commission is                    
proceeding on track and take action and is not going to hide                   
behind the lack of statutory authority as the reason for                       
inaction, then "I" don't see a reason to have the legislation.                 
                                                                               
CO-CHAIR ROKEBERG & SENATOR LEMAN: Discuss this point further.                 
Agree to disagree.  Senator Leman will get written comments to                 
the committee.                                                                 
                                                                               
CO-CHAIR ROKEBERG: Question is whether we need any statutory                   
authority to proceed with the pilot or what role should the                    
Legislature play in that particular issue.  Believes the                       
Legislature should play a role in that.                                        
                                                                               
SENATOR LEMAN: If necessary, "I" agree with you.                               
                                                                               
CO-CHAIR ROKEBERG: Brought up his concerns about the APUC's                    
ability to proceed without legislative authority on something                  
like this.  Statute is silent on developing a pilot program.                   
Agrees the language needs to be reviewed on number two.  Any                   
other comments on that point.                                                  
                                                                               
REPRESENTATIVE DAVIES: Agrees with Senator Leman.                              
                                                                               
                                                                               
       JOINT COMMITTEE ON ELECTRIC UTILITY RESTRUCTURING                       
                        JANUARY 6, 1999                                        
                                                                               
CO-CHAIR ROKEBERG: As this is a recommendation, there needs to be              
a consensus on it and make sure it is very clear.                              
                                                                               
SENATOR LEMAN: Talks about possible language, states again that                
the pilot will be limited to Anchorage.  Will submit written                   
language to the committee that is consistent with the committee's              
thinking on whether to take a vote in March or April ..will give               
it some thought.                                                               
                                                                               
CO-CHAIR ROKEBERG: Doesn't necessarily disagree .If the APUC has               
the authority to grant competition now then they would presumably              
have the authority to create a policy .another form of                         
competition.  Question about how and what form a program would                 
take and what policy guidelines should be articulated by the                   
Legislature ..the regulatory body. Who dictates the policy and                 
how much authority Commission vs. the Legislature?                             
                                                                               
SENATOR LEMAN: Wants the committee to recommend and support an                 
implementation of a pilot in Anchorage.  Would like the pilot to               
be designed so that it perpetrates the necessary protections to                
accommodate stranded costs and reliability and some of the other               
issues that are important.  If the Legislature has to draft                    
legislation to give that direction to the APUC, I'm perfectly                  
happy to do that. Do not vote on whether or not there should be a              
pilot study in Anchorage.  Believes there should be a pilot study              
and be designed within these broad guidelines.                                 
                                                                               
CO-CHAIR ROKEBERG: We will look forward to your written comments.              
                                                                               
REPRESENTATIVE DYSON: Have two suggestions for the report.  Page               
12 under consumer protection; move consumer protection to first                
and then reword it to say consumer protection/consumer advocacy                
to insure the consumers obtained the lowest cost power consistent              
with safety, reliability and long term interest.  Respectfully to              
the committee, the electrical industry in our state have been                  
operating in a protected monopoly and have not had the normal                  
forces to make them get "lean, mean and efficient."  Why did                   
electric utilities wait until they were forced to; too get                     
efficient and to look after consumer interest.  Thinks we have a               
public policy issue.  90% of our state (geographically) will not               
face competition.  We do not have a consumer advocacy protection               
function working.                                                              
                                                                               
CO-CHAIR ROKEBERG: Appreciate your comments on moving it to                    
first.  Do you want to move the whole paragraph or ..                          
                                                                               
                                                                               
       JOINT COMMITTEE ON ELECTRIC UTILITY RESTRUCTURING                       
                        JANUARY 6, 1999                                        
                                                                               
REPRESENTATIVE DYSON: Move consumer protection ahead of consumer               
education.  Add words I supplied or something like them.  Will                 
submit written language.                                                       
                                                                               
REPRESENTATIVE DAVIES: Has a few problems with the editorial                   
comments.  Brings up concerns and his disagreement regarding the               
APUC and their ability to function properly.  States he believes               
the co-ops and others have tried to keep the best interest of                  
their customers in mind.                                                       
                                                                               
REPRESENTATIVE DYSON: Accepts that and agrees with you, states                 
that utilities are doing a good job and the consumer appears to                
be happy.  What we don't have is a comparison of how good it                   
could be.  What was startling was the testimony from the                       
producers stating that they were beginning to get leaner and                   
meaner, starting to work at efficiency.  There is quite a lot                  
more to be done.  The APUC (respectfully) waits for an issue to                
come in (a docket they call it), there is not a pro-active                     
function there.  Going out looking for how can our consumers get               
a better job done for them. It is not a part of their mission.                 
                                                                               
REPRESENTATIVE DYSON: They become involved when a utility comes                
in asking for a rate change.  Would like to go onto page 13;                   
second paragraph, no quarrel with what you said but how you said               
it, Mr. Chairman, electrical service is as important as the other              
utility from heating, cooking (indisc.) to running electronic                  
equipment.  Would like to add a few words here that underscores                
how important electric power is. I would add water treatment,                  
public safety, air traffic control rescue operations medical                   
services and education. We have a public policy question.                      
                                                                               
CO-CHAIR ROKEBERG: Any objections? Will you supply us with your                
written comments? We have a few minutes here to get through my                 
amendments.  Amendment one, any objections?  No objections.                    
Amendment two, any objections? No objections. Amendment three,                 
any objections?                                                                
                                                                               
SENATOR LEMAN: I don't have any objections, I have a one or two                
page elucidation of principle from Senator Murkowski that you may              
want to incorporate either by appendixes or acknowledge by                     
reference in this paragraph. Will find it and give to Co-Chair                 
Rokeberg.                                                                      
                                                                               
CO-CHAIR ROKEBERG: Comments about the states unique                            
circumstances. That is why I put it in there.  Amendment four,                 
objections? No objections.  Amendment five, objections? No                     
objections.  Amendment six, any objections?                                    
                                                                               
REPRESENTATIVE DAVIES: There are some ideas that relate to that.               
The central one is that the universal division of power.  What is              
the analysis of that.  Question is to mandate that to make basic               
service available.  You are saying ..I don't think that I would                
have a problem with that unless you change the sentence a little               
more.                                                                          
                                                                               
                                                                               
       JOINT COMMITTEE ON ELECTRIC UTILITY RESTRUCTURING                       
                        JANUARY 6, 1999                                        
                                                                               
CO-CHAIR ROKEBERG: We don't have an obligation to serve.  You                  
don't give power away just because you are a low-income person.                
By this I mean that you have a right for free service.  That's                 
what low-income assistance is.                                                 
                                                                               
REPRESENTATIVE DAVIES: But, I don't think that low-income                      
assistance is synonymous with universal service.                               
                                                                               
CO-CHAIR ROKEBERG: Universal service in terms of electrical                    
normally means providing the line out to the residence or the use              
and then having the cap, like the $3,000.00 cap for the line.  It              
is not as if we are granting free consumption.  In Alaska .Mr.                 
Lohr can you explain the regulation where you can't cut off power              
in the winter.                                                                 
                                                                               
BOB LOHR, APUC: Mr. Chairman there is a regulation that below a                
certain temperature utilities shall not remove power.  Even with               
adequate notification, adequate advance notice.  The Commission                
several years ago viewed that question and see whether there were              
any utilities that were causing problems in that area and                      
concluded there were no issues to raise the concern that the                   
policy was adequately being observed.                                          
                                                                               
CO-CHAIR ROKEBERG: Is that a Commission policy?  Is it in                      
regulation?                                                                    
                                                                               
BOB LOHR: My recollection is it was a commission policy not a                  
regulation.  The question was whether or not a regulation was                  
needed.  The Commission after an extensive review of every                     
certificate of electric utility in the state concluded that cold               
weather shut off was not a problem and was being handled                       
responsibly by the electric industry.                                          
                                                                               
CO-CHAIR ROKEBERG: There would be no recourse to the consumer if               
there was a cut off in low temperature because it is not part of               
the law.                                                                       
                                                                               
BOB LOHR: It would be in accordance with did they follow their                 
tariff.  Is there a tariff provision that governs that and the                 
Commission very definitely gets involved based on complaints all               
over the state.  If there is an issue like that we have a toll-                
free number and we do respond to consumer complaints to insure                 
the utilities are operating in accordance with their tariff, as                
well as, commissions, policies, regulations and statutes.                      
                                                                               
CO-CHAIR ROKEBERG: Commissioner Ornquist would you like to make a              
comment on this? (End of tape, inserted new tape in recorder,                  
tape was defective, inserted new tape)                                         
  .Guidance, it reminds me of ruling by the APOC, that they                    
decided to interpret something someway, but they didn't put it in              
regulation.  They just decided to interpret it that way.  Is it                
policy to do that? Policy & opinion is not law.          JOINT COMMITTEE ON ELE
                        JANUARY 6, 1999                                        
                                                                               
COMMISSIONER DWIGHT ORNQUIST, APUC: Mr. Chairman I agree with you              
and we did debate this at quite in depth at the meetings that we               
have had regarding the one issue that we found very difficult to               
justify putting it in a regulation, was that a very effective                  
argument is made by utilities is made that they already have                   
difficulty collecting when the bills are high and working with                 
the customers.  If we put it in regulation or in law that they                 
could not be cut off the point was that a lot of people would not              
be paying all winter long.  And then the cost continues to fall                
to the people who do pay their bills to make up for that.  The                 
APUC would be open to direction and guidance from the Legislature              
on this.                                                                       
                                                                               
CO-CHAIR ROKEBERG: Representative Davies and then we will wrap                 
this up.  Forgive me for bringing  for opening Pandora's box.                  
                                                                               
REPRESENTATIVE DAVIES: Appreciate this discussion, what I want to              
know is ..tell me what the concept of universal service is?                    
                                                                               
COMMISSIONER ORNQUIST: Universal service is the idea that anybody              
who wishes to have service would have access to the system.  Just              
exactly as the Chairman said you have to draw some lines and                   
establish some level at which the existing system supports that                
growth and where the customer needs to pick up any additional                  
cost of expanding the system to meet that customer.                            
                                                                               
CO-CHAIR ROKEBERG & REPRESENTATIVE DAVIES: Discuss and debate the              
concept of universal service and is it available to everybody.                 
Is this low-income subsidy?                                                    
                                                                               
CO-CHAIR ROKEBERG: To put a tag on this: In the discussions                    
within the industry any subsidies low income assistance (indisc.)              
included under the umbrella of universal service by definition.                
That is why the disclaimer is there.  Many jurisdictions provide               
subsidized electrical service, they put this in their tariff                   
structure.  We have power cost equalization programs.                          
                                                                               
REPRESENTATIVE DAVIES: Goes back to the amendment, line three.                 
Question: Mandate on .long term assistance, conservation                       
programs.  Separate issues.  Geographical area concerns.                       
                                                                               
CO-CHAIR ROKEBERG: Will strike amendment six.         JOINT COMMITTEE ON ELECTR
                        JANUARY 6, 1999                                        
                                                                               
REPRESENTATIVE DYSON: Brings up universal service, when brought                
up in the past was thinking about how it was defined in                        
telecommunications.  "Affordable" is one word that is not in the               
discussion between Co-Chair & Representative Davies.  Need to                  
have a full public policy decision sometime, is there a public                 
responsibility to make sure that power is available for                        
utilities.                                                                     
                                                                               
CO-CHAIR ROKEBERG: That is why I had the amendment, to introduce               
the concept.                                                                   
                                                                               
REPRESENTATIVE DAVIES: Agrees that affordable is inherent with                 
universal service, there is a subsidy involved.  But does not                  
differentiate between consumers within a geographic area.                      
Everybody gets the same price, that's the notion of universal                  
service.                                                                       
Inherent subsidy problem.                                                      
                                                                               
REPRESENTATIVE DYSON: Agrees got it the first time.                            
                                                                               
CO-CHAIR ROKEBERG: Chair notes; I have withdrawn the amendment.                
Amendment 7, any objections?  No objections. Amendment 9, any                  
objections? No objections.  Amendment 10, any objections? No                   
objections. Page 16, line 1 ..line one paragraph 4, Senator                    
Leman, any comments. Will adopt that.  Conclusions better take a               
look at that.                                                                  
                                                                               
SENATOR LEMAN: Offers as an amendment, the replacement of current              
recommendation 2 with "my" language which incorporates what "I"                
am trying to say.  Positive way, doesn't commit the Legislature.               
                                                                               
CO-CHAIR ROKEBERG: Leave the target date in of March 1?                        
                                                                               
SENATOR LEMAN: That is currently our target date, we might as                  
well acknowledge it.  March 1, 1999.                                           
                                                                               
CO-CHAIR ROKEBERG: Conception amendment is now moved, any                      
objections? No objections, it is adopted to replace                            
recommendation number two.  Any further activity or comments?                  
Will schedule the meeting for the 18th at 10:00 am, communicate                
to the other committee members that they are invited to have                   
their written comments, get a draft out in a timely fashion to                 
everybody.  Target no later than Saturday, 16th.  Any other                    
comments? Thank you very much, meeting adjourned at 12:20 pm.                  
                                                                               
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.                                                             

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