Legislature(1993 - 1994)

04/25/1994 08:35 AM House FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
                                                                               
                                                                               
                     HOUSE FINANCE COMMITTEE                                   
                         April 25, 1994                                        
                            8:35 a.m.                                          
                                                                               
  TAPE HFC 94-140, Side 2, #000 - end.                                         
  TAPE HFC 94-141, Side 1, #000 - end.                                         
                                                                               
  CALL TO ORDER                                                                
                                                                               
  Co-Chair Larson called the House Finance Committee to order                  
  at 8:35 a.m.                                                                 
                                                                               
  PRESENT                                                                      
                                                                               
  Co-Chair Larson                                                              
  Co-Chair MacLean    Representative Martin                                    
  Vice-Chair Hanley   Representative Navarre                                   
  Representative Brown     Representative Parnell                              
  Representative Grussendorf Representative Therriault                         
                                                                               
  Representatives Foster and Hoffman were not present for the                  
  meeting.                                                                     
                                                                               
  ALSO PRESENT                                                                 
                                                                               
  Robert Lohr, Executive Director, Alaska Public Utilities                     
  Commission, Department of Commerce and Economic Development;                 
  Jim Rowe, Alaska Telephone Association; Jim Jackson, GCI;                    
  Gordon Parker, Anchorage Telephone Utility; Melphine                         
  Reynolds, Chief Financial Officer, Anchorage Telephone                       
  Utility; Jay Hogan, Contract Employee, House Finance                         
  Committee.                                                                   
                                                                               
  SUMMARY INFORMATION                                                          
                                                                               
  HJR 65 Proposing amendments to the Constitution of the State                 
  of Alaska        relating to the budget reserve fund.                        
                                                                               
         HJR 65 was HELD in Committee for further discussion.                  
                                                                               
  HB 539 "An Act extending the Alaska Public Utilities                         
  Commission; and           relating to regulation of public                   
  utilities and to regulatory            cost charges."                        
                                                                               
         HB 539 was HELD in Committee for further discussion.                  
                                                                               
  HOUSE JOINT RESOLUTION NO. 65                                                
                                                                               
  Proposing amendments to the Constitution of the State of                     
  Alaska relating to the budget reserve fund.                                  
                                                                               
  Representative Martin stressed that the money received by                    
  the state through settlement should be deposited in the                      
                                                                               
                                                                               
  corpus of the Alaska Permanent Fund. He MOVED that "Budget                   
  Reserve Fund" be deleted and "the corpus of the Alaska                       
  Permanent Fund" be inserted on page 1, line 12.                              
                                                                               
  Representatives Grussendorf and MacLean OBJECTED.                            
  Representative Brown questioned if the amendment would be                    
  germane to the legislation. She pointed out that the                         
  amendment was not properly drafted. A roll call vote was                     
  taken on the motion to adopt AMENDMENT 1.                                    
                                                                               
  IN FAVOR: Martin                                                             
  OPPOSED: Brown, Grussendorf, Navarre, Parnell, Therriault,                   
  Larson,          MacLean                                                     
                                                                               
  Representatives Hoffman, Hanley and Foster were absent from                  
  the vote.                                                                    
                                                                               
  The MOTION FAILED (1-7).                                                     
                                                                               
  Representative Brown interpreted that the legislation would                  
  not effect current pay back owed to the Constitutional                       
  Budget Reserve Fund. Co-Chair Larson agreed that the intent                  
  of the legislation is not to effect debts owed prior to the                  
  effective date. Discussion pursued regarding the addition of                 
  an effective date to clarify that the legislation is not                     
  retroactive.                                                                 
                                                                               
  Co-Chair Larson noted that the intent of the legislation is                  
  to clarify there are no provisions for a simple majority                     
  vote and no pay back provision.                                              
                                                                               
  Representative Brown asked what aspect of the pay back was                   
  unacceptable to Judge Green. Representative Martin observed                  
  that the Administration has the authority to pay back at the                 
  end of the calendar year any money available to lapse.                       
                                                                               
  JAY HOGAN, CONTRACT EMPLOYEE, HOUSE FINANCE COMMITTEE noted                  
  that pending senate legislation includes a provision to                      
  require the Governor to propose the amount for                               
  appropriation. The amount would be the general fund balance                  
  from the previous year.                                                      
                                                                               
  Representative Grussendorf suggested that language be                        
  inserted that states, "past debts owed to the Constitutional                 
  Budget Reserve Fund are not effected by the passage of this                  
  resolution." Members further discussed the adoption of a                     
  effective date.                                                              
                                                                               
  HJR 65 was HELD in Committee for further discussion.                         
                                                                               
  HOUSE BILL NO. 539                                                           
                                                                               
  "An Act extending the Alaska Public Utilities Commission;                    
                                                                               
                                                                               
  and relating to regulation of public utilities and to                        
  regulatory cost charges."                                                    
                                                                               
  ROBERT LOHR, EXECUTIVE DIRECTOR, ALASKA PUBLIC UTILITIES                     
  COMMISSION testified in support of HB 539. He recommended                    
  that language be inserted after "may" to state, "do all                      
  things necessary or proper, to carry out the purposes and                    
  exercise the powers expressly granted or reasonably implied                  
  in this chapter including" on page 1, line 10; and delete                    
  "the powers of the commission shall be those specifically                    
  conferred by statute or necessarily implied by a statutory                   
  grant of authority.                                                          
                                                                               
  JIM ROWE, EXECUTIVE DIRECTOR, ALASKA TELEPHONE ASSOCIATION                   
  noted that the Association supports the change suggested by                  
  Mr. Lohr. He stressed that the Association supports the                      
  pursuit of competition on a federal level.                                   
                                                                               
  Representative Brown referred to provisions to change the                    
  regulatory cost charge. Mr. Rowe noted concerns that the                     
  costs or commission service allocated should be allocated                    
  toward the utilities that are utilizing the time. He                         
  observed that a compromise was reached to prevent the cost                   
  of fuel for the electric would not be included in the                        
  regulatory cost charge.                                                      
                                                                               
  Representative Brown observed that the cost is being shifted                 
  from one utility bill to another. She maintained that the                    
  issue is how the total of the raised regulatory cost charge                  
  should be spread and passed through on utility bills. She                    
  did not feel that the change is necessary. Mr. Rowe                          
  clarified that the Association is not suggesting the change.                 
                                                                               
  Representative Grussendorf noted that the legislation                        
  states: "If the legislature does so, the commission shall                    
  reduce the total regulatory cost charge collected for that                   
  fiscal year by a comparable amount." He suggested that the                   
  state is subsidizing the utilities to give breaks to                         
  consumers.                                                                   
                                                                               
  Mr. Rowe noted that the regulatory cost charge supports the                  
  regulation of the APUC. He acknowledged that there is a                      
  reallocation of cost.                                                        
                                                                               
  Representative Brown maintained that competitive services                    
  should not be charged against the regulated rate base. Mr.                   
  Rowe discussed the possible effect of proposed federal                       
  legislation.                                                                 
                                                                               
  DAVE HUTCHENS, EXECUTIVE DIRECTOR, ALASKA RURAL ELECTRIC                     
  COOPERATIVE ASSOCIATION (ARECA) testified in support of HB
  539. He expressed support for the language proposed by Mr.                   
  Lohr. He referred to section 5. He noted that the APUC must                  
  estimate how much money needs to be collected by the                         
                                                                               
                                                                               
  regulatory cost charge. He explained that section 5 would                    
  provide that any excess funds charged to the utilities by                    
  the APUC would be carried over toward the regulatory cost                    
  charge of the following year.                                                
                                                                               
  Mr. Hutchens discussed the regulatory cost charge                            
  allocation. He maintained that the legislative auditor found                 
  that more                                                                    
  money was charged to the electric than could be justified                    
  based on the workload. He noted that the current proposal                    
  would subtract from the electric revenues the cost of power.                 
  He clarified that the cost of power is approximately 40 to                   
  50 percent of total electric revenues.                                       
                                                                               
  Representative Brown provided members with AMENDMENT 1 (copy                 
  on file). She MOVED to ADOPT AMENDMENT 1. She noted that                     
  amendment 1 would delete sections 3, 4 and 12. The amendment                 
  would delete sections that change the regulatory cost                        
  charge. She spoke in support of retaining the status quo in                  
  regards to the regulatory cost charge. She asserted that the                 
  legislation does not address the regulatory cost charge of                   
  oil or gas. She suggested that a complete cost accounting                    
  would be preferable to the change contained in the                           
  legislation. She asked why only one utility sector would be                  
  allowed to adjust for cost of power.                                         
                                                                               
  Co-Chair MacLean OBJECTED to the adoption of Amendment 1.                    
                                                                               
  Mr. Hutchens reiterated that the legislative auditor found                   
  that more money was charged to the electric than could be                    
  justified based on the workload. He noted that the                           
  legislative auditor recommended a record keeping system as                   
  the means to reallocate costs. The Commission objected to                    
  his recommendation. The proposal to allow adjustment for the                 
  cost of power was a compromise position.                                     
                                                                               
  A roll call vote was taken on the motion to adopt AMENDMENT                  
  1.                                                                           
                                                                               
  IN FAVOR: Grussendorf, Navarre, Brown                                        
  OPPOSED: Hanley, Martin, Parnell, Therriault, MacLean,                       
  Larson                                                                       
                                                                               
  Representatives Hoffman and Foster were absent from the                      
  vote.                                                                        
                                                                               
  The MOTION FAILED (3-6).                                                     
                                                                               
  (Tape Change, HFC 94-141, Side 1)                                            
                                                                               
  Representative Brown referred to "liberally construed." Mr.                  
  Lohr noted that the language proposed for page 1, line 10                    
  may be broader than current liberally construed language. He                 
  reexpressed concern that the issuance of temporary operating                 
                                                                               
                                                                               
  authority to utilities or interim refundability of rates may                 
  be called into question as to whether they are in the scope                  
  of the powers or duties of the Commission. He noted that                     
  page 5, line 16 provides an effective date of 1995. The                      
  Commission recommends that the effective date be changed to                  
  July 1, 1996, to allow the Commission two years to propose                   
  specific language to address any errors created by virtue of                 
  the new language.                                                            
                                                                               
  Mr. Lohr noted that the Commission has submitted a fiscal                    
  impact note of $60.7 thousand dollars a year, beginning in                   
  FY 96.                                                                       
                                                                               
  Mr. Lohr clarified that the new language may be broader in                   
  some respects. He stressed that it is not clear what                         
  problems the new language is solving. He emphasized that the                 
  Commission not lose flexibility to address changes in                        
  industry structure.                                                          
                                                                               
  Representative Brown MOVED to ADOPT AMENDMENT 2. She noted                   
  that the Amendment would delete the change to "liberally                     
  construed" language. She emphasized that it is not clear                     
  that a problem exists.                                                       
                                                                               
  Representative Hanley recounted the concerns of industry in                  
  regards to the "liberally construed" language. He stressed                   
  that the APUC within the ~liberally construed" language, can                 
  in regulation do things that they are not authorized by                      
  statute to do. He noted that there is a potential to go way                  
  beyond what is authorized in statute.                                        
                                                                               
  Representative Hanley noted that his mother is on the APUC.                  
                                                                               
  Representative Brown noted the statute states that the power                 
  of the Commission shall be liberally construed "to                           
  accomplish it's stated purposes." She stressed that the                      
  "stated purposes" limits the Commission's scope of                           
  activities.                                                                  
                                                                               
  Mr. Hutchens observed that there has been occasions when                     
  "liberally construed" was the standard used to address other                 
  issues. He discussed a vote taken by the Commission                          
  regarding environmental issues in regards to the feasibility                 
  of the Healy Clean Coal Project's license to operate. He                     
  stressed that the Commission should "follow the law not make                 
  the law." He spoke in support of the legislation as drafted.                 
  He discussed the Commission's use of "liberally construed"                   
  to categorize lobbying expenses as campaign contributions.                   
                                                                               
  Representative Navarre spoke in support of keeping the                       
  current "liberally construed" language in statute.                           
                                                                               
  Mr. Lohr noted that other states contain similar or equally                  
  broad authorizing language.                                                  
                                                                               
                                                                               
  Representative Navarre noted that the Supreme Court stated                   
  in HEA versus City of Kenai that: "In sum, we have construed                 
  AS 42.05.141(a)(1) to mean that the actual areas in which                    
  the APUC may exercise its adjudicatory authority are quite                   
  narrow. Within those narrow areas, however, the APUC's                       
  powers to adjudicate are plenary, as broad as the specific                   
  provisions of the act permit..."                                             
                                                                               
  Co-Chair MacLean spoke in support of language proposed by                    
  Mr.                                                                          
  Lohr.                                                                        
                                                                               
  A roll call vote was taken on the motion to adopt AMENDMENT                  
  2.                                                                           
                                                                               
  IN FAVOR: Brown, Grussendorf, Navarre, Larson                                
  OPPOSED: Hanley, Martin, Parnell, Therriault, MacLean                        
                                                                               
  Representatives Hoffman and Foster were absent from the                      
  vote.                                                                        
                                                                               
  The MOTION FAILED (4-5).                                                     
                                                                               
  Representative Hanley MOVED to ADOPT AMENDMENT 3, after                      
  "may" insert "do all things necessary or proper, to carry                    
  out the purposes and exercise the powers expressly granted                   
  or reasonably implied in this chapter including" on page 1,                  
  line 10; and delete "the powers of the commission shall be                   
  those specifically conferred by statute or necessarily                       
  implied by a statutory grant of authority."                                  
                                                                               
  Representative Brown stated that she supports the amendment                  
  because she does not think it changes the scope of power of                  
  the APUC. She stressed that it is not her intent to change                   
  anything. Representative Navarre agreed that the amendment                   
  would not change the scope of power of the APUC.                             
                                                                               
  There being NO OBJECTION, AMENDMENT 3 was adopted.                           
                                                                               
  Representative Martin MOVED to ADOPT AMENDMENT 4. Co-Chair                   
  MacLean OBJECTED. Representative Martin explained that a                     
  bonded indebtedness could result in the loss of the utility                  
  if there is default on the bond. The amendment would prevent                 
  the utility from being used as a collateral for the backing                  
  of the bond.                                                                 
                                                                               
  Co-Chair MacLean spoke in opposition to the amendment. She                   
  asserted that it would inhibit competition and services.                     
                                                                               
  JIM JACKSON, GCI spoke in support of the amendment. He noted                 
  that the amendment is the result of the announcement of the                  
  Anchorage Telephone Utility (ATU) to invest millions of                      
  dollars in the long distance and video dial tone businesses.                 
                                                                               
                                                                               
  He noted that GCI is ATU's second biggest rate payer.                        
                                                                               
  Mr. Jackson explained that municipal owned utilities were                    
  given protection under AS 42.05.431. The statute states that                 
  the APUC must set rates to assure that the bond covenant of                  
  a municipally owned utility is never breached. He noted that                 
  cooperative utilities were granted similar projections with                  
  the check that new bond covenants must be approved by the                    
  Commission before they go into effect. He asserted that the                  
  provision would place rate payers as the guarantors of ATU's                 
  competitive ventures. If ATU can go to the APUC for a rate                   
  raise to cover its competitive losses.                                       
                                                                               
  Mr. Jackson noted that the amendment adds to statute that:                   
  "Rates set by the commission must be adequate to meet those                  
  covenants. However, the commission is not required to set                    
  rates for services regulated by the commission to recover                    
  the allocated costs and coverage requirements of services                    
  that are not regulated by the commission. Bonds or other                     
  debt issued to finance unregulated, competitive ventures by                  
  a municipally owned utility may not be incurred in a manner                  
  that would permit a creditor, on default, to have recourse                   
  to the assets of the basic regulated utility business."                      
                                                                               
  Mr. Jackson maintained that the amendment does not prevent                   
  ATU from going into competition or issuing bonds. He noted                   
  that the amendment only applies to regulated municipal                       
  utilities.                                                                   
                                                                               
  In response to a question by Representative Brown, Mr.                       
  Jackson discussed the effect of proposed federal                             
  legislation.                                                                 
                                                                               
  MELPHINE EVANS REYNOLDS, CHIEF FINANCIAL OFFICER, ANCHORAGE                  
  TELEPHONE UTILITY testified in opposition to amendment 4.                    
  She gave a brief history of ATU's decision to enter into                     
  competitive operations. She emphasized that technologies are                 
  merging. She stressed that long distance companies are                       
  entering into local markets. She noted that ATU desires to                   
  participate in the information superhighway.                                 
                                                                               
  Ms. Reynolds stated that the amendment will have serious                     
  consequences. She alleged that the amendment violates the                    
  constitutional prohibition against passing legislation aimed                 
  at a single entity.                                                          
                                                                               
  Mr. Reynolds provided members with a letter by Public                        
  Financial Management Incorporated regarding ATU's bond                       
  rating (copy on file). She observed that they were advised                   
  that ATU's bond rating could be reduced as a result of the                   
  amendment.                                                                   
                                                                               
  HB 539 was HELD in Committee for further discussion.                         
                                                                               
                                                                               
  ADJOURNMENT                                                                  
                                                                               
  The meeting adjourned at 10:10 a.m.                                          

Document Name Date/Time Subjects