Legislature(2007 - 2008)CAPITOL 17

04/04/2008 03:00 PM House LABOR & COMMERCE


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03:06:08 PM Start
03:06:24 PM Confirmation Hearing|| Regulatory Commission of Alaska (rca)
03:43:48 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
Boards & Commissions Appointees Hearing
Bills Previously Heard/Scheduled
                    ALASKA STATE LEGISLATURE                                                                                  
          HOUSE LABOR AND COMMERCE STANDING COMMITTEE                                                                         
                         April 4, 2008                                                                                          
                           3:06 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Kurt Olson, Chair                                                                                                
Representative Mark Neuman, Vice Chair                                                                                          
Representative Carl Gatto                                                                                                       
Representative Gabrielle LeDoux                                                                                                 
Representative Jay Ramras                                                                                                       
Representative Robert L. "Bob" Buch                                                                                             
Representative Berta Gardner                                                                                                    
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
CONFIRMATION HEARING                                                                                                            
                                                                                                                                
Regulatory Commission of Alaska (RCA)                                                                                         
                                                                                                                                
     Robert M. "Bob" Pickett - Wasilla                                                                                          
                                                                                                                                
     - HEARD AND HELD                                                                                                           
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
No previous action to record                                                                                                    
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
ROBERT PICKETT, Appointee                                                                                                       
Regulatory Commission of Alaska (RCA)                                                                                           
WASILLA, ALASKA                                                                                                                 
POSITION STATEMENT:  As appointee to the Regulatory Commission                                                                
of Alaska (RCA), provided background and answered questions.                                                                    
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
                                                                                                                                
CHAIR KURT  OLSON called  the House  Labor and  Commerce Standing                                                             
Committee meeting to order at  3:06:08 PM.  Representatives Buch,                                                             
Gardner, Gatto,  Neuman, and  Olson were present  at the  call to                                                               
order.  Representatives LeDoux and  Ramras arrived as the meeting                                                               
was in progress.                                                                                                                
                                                                                                                                
^CONFIRMATION HEARING                                                                                                         
^Regulatory Commission of Alaska (RCA)                                                                                        
                                                                                                                                
3:06:24 PM                                                                                                                    
                                                                                                                                
CHAIR OLSON  announced that the  only order of business  would be                                                               
to  hold an  informational hearing.   He  advised that  no action                                                               
will be taken at this hearing.                                                                                                  
                                                                                                                                
3:06:34 PM                                                                                                                    
                                                                                                                                
ROBERT PICKETT, Appointee, stated that  it has been a great honor                                                               
and  very  humbling experience  to  have  been appointed  to  the                                                               
Regulatory  Commission of  Alaska (RCA)  by Governor  Palin.   He                                                               
stated that he is a 33 year  resident of Alaska.  He offered that                                                               
he  owes  much to  this  great  state.    He explained  that  his                                                               
original  motivation to  visit  Alaska  in 1975  was  to pay  off                                                               
college student  loans.  He  said he did  not plan on  staying in                                                               
Alaska, but  soon after arriving in  Alaska that he fell  in love                                                               
with  the  state.    He  has held  blue  collar,  technical,  and                                                               
professional jobs in  rural and urban settings of the  state.  He                                                               
noted  that for  the  past 21  years  he has  held  a variety  of                                                               
positions for the Alaska Housing  Finance Corporation (AHFC).  He                                                               
appreciates  the  great  challenges   the  state  faces  and  the                                                               
opportunities that exist for Alaska.   He said that the RCA, with                                                               
its  broad authority  to  regulate nearly  200  utilities and  21                                                               
pipeline carriers,  impacts the economic  health of Alaska.   The                                                               
RCA has  a challenging mandate to  keep rates as low  as possible                                                               
yet to  allow the regulated  utilities and pipeline  carriers the                                                               
opportunity to earn a fair rate  of return.  The RCA must conduct                                                               
its business in  a manner that has the confidence  and respect of                                                               
all  stakeholders:   consumers and  customers, utility  companies                                                               
and   cooperatives,   local   governments,   pipeline   carriers,                                                               
legislative,  executive,  and  judicial branches  of  government.                                                               
Balancing  all of  these varying  interests must  be accomplished                                                               
within statutory timelines and in  an open and transparent manner                                                               
while respecting  the due process  rights of all of  the involved                                                               
parties,  he noted.   These  competing and  sometimes conflicting                                                               
interests can  be difficult to  resolve, he  opined.  He  said he                                                               
believes that  his work experience, knowledge,  and interpersonal                                                               
skills  give  him the  temperament  and  ability to  strike  this                                                               
balance.    He  said  he  is excited  to  bring  his  skills  and                                                               
experience to  the RCA, to assist  it in its important  work, and                                                               
to contribute in a meaningful way.                                                                                              
                                                                                                                                
3:10:01 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE NEUMAN inquired as to  whether Mr. Pickett has any                                                               
background in the oil and gas industry.                                                                                         
                                                                                                                                
MR. PICKETT explained that he  does not have direct experience in                                                               
the oil  and gas industry,  outside of  some initial work  in the                                                               
state  for Dowl  Engineers and  geotechnical work  on the  Tesoro                                                               
refinery  in  1979.   However,  he  said  that he  has  extensive                                                               
experience  reviewing  and  analyzing balance  sheets  for  large                                                               
entities  and corporations,  producing  30  year performance  and                                                               
trend  analyses,  although  not  specifically  with  a  petroleum                                                               
industry  or  pipeline  element.    While at  AHFC,  he  said  he                                                               
developed  a new  market study  process that  is currently  being                                                               
used.   He  highlighted that  some of  the projects  he has  been                                                               
involved in range from $25 million.   Many of the principles used                                                               
at the  RCA will  be the same,  he opined.   He admitted  that he                                                               
does  not  have  the  specific  background in  the  oil  and  gas                                                               
industry,  but  he noted  that  he  does  have the  advantage  of                                                               
working  with a  fellow commissioner,  Jan Wilson,  who has  more                                                               
than 25 years  of experience in the pipeline industry.   He noted                                                               
that he  is currently  assigned to several  RCA dockets  with Ms.                                                               
Wilson.    He characterized  his  own  approach as  a  thoughtful                                                               
approach in  gathering evidence.   He opined that as  a voracious                                                               
reader, he  has developed skills  which will be helpful  in terms                                                               
of number  of dockets and evidence  to review.  He  noted that he                                                               
also has experience with depreciation  schedules and has a strong                                                               
mathematical background.                                                                                                        
                                                                                                                                
REPRESENTATIVE NEUMAN  inquired as to whether  he could elaborate                                                               
on the joint action agencies (JAAs).                                                                                            
                                                                                                                                
MR.  PICKETT answered  that the  JAAs are  permitted but  are not                                                               
mandated by statute.  He  related his understanding that specific                                                               
projects have  not been  assigned or contracted.   He  noted that                                                               
the  Alaska  Energy Authority,  with  an  appropriation from  the                                                               
legislature,  is performing  its Unified  System Operator  Study.                                                               
He surmised  that report is  due to be  finalized in May  or June                                                               
2008.                                                                                                                           
                                                                                                                                
3:13:00 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE NEUMAN inquired  as to Mr. Pickett's  ideas of the                                                               
concept   of  electrical   generation   joined   together  in   a                                                               
cooperative effort to form a grid.                                                                                              
                                                                                                                                
MR. PICKETT explained that he  can't speak to any specifics since                                                               
it would  not be appropriate  for him to do  so, but in  terms of                                                               
resource  planning,  the  age  of  the  infrastructure,  and  the                                                               
capital decisions  that need to  be made  in the next  few years,                                                               
that  it  makes sense  to  cooperate,  coordinate, and  eliminate                                                               
inefficiencies whenever possible.                                                                                               
                                                                                                                                
REPRESENTATIVE NEUMAN  asked for  clarification of RCA's  role in                                                               
regulatory  review of  utilities  since  some utilities  generate                                                               
their own electricity and others purchase the electricity.                                                                      
                                                                                                                                
MR. PICKETT answered that the  RCA will respond to specific cases                                                               
and dockets.   He reiterated  that the  JAA is permitted  but not                                                               
mandated.                                                                                                                       
                                                                                                                                
CHAIR OLSON reminded  members that Mr. Pickett  cannot answer any                                                               
questions on any open docket currently before the RCA.                                                                          
                                                                                                                                
3:14:50 PM                                                                                                                    
                                                                                                                                
CHAIR OLSON  noted that  the RCA does  not have  designated seats                                                               
and  expressed  concern  that  the  RCA is  losing  25  years  of                                                               
experience  with Dave  Harbour's  service at  the  RCA ending  in                                                               
February 2008.  He inquired as  to whether Mr. Pickett has had an                                                               
opportunity to review the Alaska Gas Inducement Act (AGIA).                                                                     
                                                                                                                                
MR. PICKETT answered  that he has not reviewed AGIA  in any great                                                               
detail.                                                                                                                         
                                                                                                                                
3:15:49 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GATTO related  his  understanding  of the  recent                                                               
plans  to shelve  the Matanuska  Electric Association's  plans to                                                               
build  a  coal-fired  power  plant south  of  Palmer,  which  was                                                               
stymied by  a Matanuska-Susitna  Borough ordinance.   He inquired                                                               
as  to whether  Mr. Pickett  has been  involved with  any utility                                                               
request that simply wasn't feasible.                                                                                            
                                                                                                                                
3:17:20 PM                                                                                                                    
                                                                                                                                
MR. PICKETT  answered that due  to his recent appointment  to the                                                               
RCA  that  he has  not  been  involved  with  those issues.    He                                                               
reminded members  that he  cannot speak to  the specifics  of any                                                               
docket  since  it  would  prejudice  the  RCA's  decision  making                                                               
process.    However,  he  said  that  in  a  general  sense  that                                                               
significant decisions  need to  be made  by cooperatives  and the                                                               
state in terms of supply of  energy, in light of aging equipment,                                                               
infrastructure, and capital decisions.                                                                                          
                                                                                                                                
MR. PICKETT, in response to  Representative Gatto, explained that                                                               
the RCA  becomes involved in a  project, such as the  Energy Task                                                               
Force  consideration  of  a  600-megawatt  Susitna  Hydroelectric                                                               
project, at  the point  that a  docket is opened  and the  RCA is                                                               
asked to adjudicate.                                                                                                            
                                                                                                                                
3:18:48 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE RAMRAS inquired as to  whether Mr. Pickett has any                                                               
experience with rate deregulated utilities.                                                                                     
                                                                                                                                
MR. PICKETT  pointed out  that he has  limited experience  at the                                                               
RCA  and  has limited  knowledge  of  the  RCA's precedent.    He                                                               
answered that he knows a  little bit about deregulated utilities.                                                               
In  terms   of  economic  regulation,   he  noted   that  several                                                               
exemptions exist such that cooperative  memberships can elect for                                                               
an  exemption or  for some  smaller water  utilities due  to size                                                               
limitations.                                                                                                                    
                                                                                                                                
3:19:51 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE RAMRAS  related that the gas  utility in Fairbanks                                                               
is  a rate  deregulated utility  that currently  trucks LNG  from                                                               
Point MacKenzie to Fairbanks and  re-gasifies it for distribution                                                               
to  more than  1,000 customers.   He  expressed concern  that the                                                               
Fairbanks Natural  Gas refuses to disclose  its variable pricing,                                                               
but purchases LNG  at $8.70 [per 1000 cubic  feet (Mcf)]and sells                                                               
it  to customers  in  his  district for  $22.91  [per  Mcf].   He                                                               
inquired as to whether a  rate deregulated utility has an implied                                                               
obligation to disclose  the rate process to  its ratepayers since                                                               
the utility enjoys the benefits of rate deregulation.                                                                           
                                                                                                                                
3:22:54 PM                                                                                                                    
                                                                                                                                
MR.  PICKETT, speaking  as  a private  person,  answered that  he                                                               
thinks a  fairness issue exists.   He noted  he is well  aware of                                                               
the strains  on Fairbanks residents for  fuel costs, particularly                                                               
for senior citizens on fixed incomes.                                                                                           
                                                                                                                                
REPRESENTATIVE  RAMRAS  again  expressed concern  that  Fairbanks                                                               
Natural Gas  will not disclose  the reason for the  difference in                                                               
the rate  of $8.70 per  Mcf and cost  to customers at  $22.91 per                                                               
Mcf, yet it enjoys the benefits of rate deregulation.                                                                           
                                                                                                                                
MR.  PICKETT   agreed  that   from  his   personal  philosophical                                                               
standpoint that  rate deregulated companies should  have a higher                                                               
degree of financial disclosure.                                                                                                 
                                                                                                                                
3:27:56 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE NEUMAN asked if there  are some instances in which                                                               
certain proprietary information should be made public.                                                                          
                                                                                                                                
MR. PICKETT  answered that  he cannot speak  to the  specifics of                                                               
dockets,  but  offered  that in  instances  of  acquisition  that                                                               
requests are made to keep  certain elements confidential and that                                                               
the  RCA  has a  process  in  place  to make  determinations,  in                                                               
conjunction with  its legal  counsel, as  to what  information is                                                               
held confidential.                                                                                                              
                                                                                                                                
3:29:19 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE BUCH offered  that when a person  who has specific                                                               
expertise in an area is  not available that the selection process                                                               
includes examining candidates  for their potential to  learn.  He                                                               
opined that  it is  unfair to hold  deregulated companies  to the                                                               
same requirements as those companies subject to regulation.                                                                     
                                                                                                                                
CHAIR  OLSON  offered that  the  former  Alaska Public  Utilities                                                               
Commission  had specific  assigned seats  for its  commissioners.                                                               
However, the  RCA does  not have specific  assigned seats  or job                                                               
descriptions for the RCA commissioners.                                                                                         
                                                                                                                                
3:34:16 PM                                                                                                                    
                                                                                                                                
MR. PICKETT, in response to  Representative Ramras, answered that                                                               
if the state  makes a political decision to invest  in the bullet                                                               
line to  bring North Slope  natural gas  to the Railbelt  or some                                                               
other variation, that the state  will make a determination in its                                                               
appropriation  process on  its expected  rate of  return on  that                                                               
investment.   If the  state does  not require as  high a  rate of                                                               
return the  tariffs could  be set lower  to encourage  more input                                                               
into the  line from independent  exploration, but if  the state's                                                               
approach is to  maximize its return, it would  raise the tariffs,                                                               
he opined.                                                                                                                      
                                                                                                                                
REPRESENTATIVE RAMRAS related  that one of the  problems with the                                                               
in-state  gas line  is concern  over economically  feasible.   He                                                               
inquired as  to the  type of  assistance or  role that  RCA would                                                               
play in  assisting or  expediting financial  feasibility analysis                                                               
of in-state  natural gas that  made sense and had  sound economic                                                               
underpinnings.                                                                                                                  
                                                                                                                                
3:36:58 PM                                                                                                                    
                                                                                                                                
MR.  PICKETT  answered  that  the  RCA  would  probably  take  an                                                               
educational  role  in  terms  of  the  rate  setting  and  tariff                                                               
mechanism  so  the legislature  would  understand  how RCA  would                                                               
evaluate and determine the tariff calculations.                                                                                 
                                                                                                                                
3:37:24 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  RAMRAS opined  that if  Interior Alaska  does not                                                               
obtain relief from its utility  rates, that the community will be                                                               
drastically reduced.                                                                                                            
                                                                                                                                
3:39:29 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE NEUMAN inquired as to  what role RCA might play in                                                               
value-added or  industrial or commercial  uses of natural  gas to                                                               
liquids (GLTs)  or natural gas  liquids (NGLs)  processing plants                                                               
to help lower the tariff costs.                                                                                                 
                                                                                                                                
3:41:09 PM                                                                                                                    
                                                                                                                                
MR. PICKETT, in response to  Representative Neuman, answered that                                                               
assuming the cost feasibility allows  the natural gas pipeline to                                                               
be built,  that the RCA would  be likely be involved  in the rate                                                               
design issues  for residential, industrial, and  commercial users                                                               
as  one  of  its  major  roles.   He  offered  that  the  general                                                               
principle for rate design issues  is that "the cost causer should                                                               
be the cost payer."                                                                                                             
                                                                                                                                
REPRESENTATIVE  NEUMAN asked  for clarification  on unfair  trade                                                               
practices and tariffs.  He posed  a scenario in which natural gas                                                               
would be  transported via a  proposed in-state bullet line  to an                                                               
industrial user who reprocesses GTL  for resale compared to those                                                               
businesses whose natural  gas source is Cook Inlet.   He inquired                                                               
how the RCA would sort through  those types of issues and balance                                                               
out businesses that may have an unfair advantage.                                                                               
                                                                                                                                
MR. PICKETT  stated that  he doesn't have  an answer  on in-state                                                               
gas issues.   He stated that  the first question will  be whether                                                               
the RCA  would have  jurisdiction over  the matter.   If  the RCA                                                               
does have  jurisdiction, the  question would  be whether  the RCA                                                               
would need to open a docket and investigate any inconsistencies.                                                                
                                                                                                                                
[The RCA confirmation was held over.]                                                                                           
                                                                                                                                
3:43:48 PM                                                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no further business before the committee, the House                                                                 
Labor and Commerce Standing Committee meeting was adjourned at                                                                  
3:43 p.m.                                                                                                                       
                                                                                                                                

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