Legislature(2011 - 2012)BARNES 124

02/02/2011 03:15 PM House LABOR & COMMERCE


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03:18:52 PM Start
03:19:40 PM Overview: Regulatory Commission of Alaska
04:09:59 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Overview: Dept. of Commerce, Community and TELECONFERENCED
Economic Development
Regulatory Commission of Alaska
- Bob Pickett, Chairman
Division of Insurance
<Above Item Removed from Agenda>
                    ALASKA STATE LEGISLATURE                                                                                  
          HOUSE LABOR AND COMMERCE STANDING COMMITTEE                                                                         
                        February 2, 2011                                                                                        
                           3:18 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Kurt Olson, Chair                                                                                                
Representative Craig Johnson, Vice Chair                                                                                        
Representative Dan Saddler                                                                                                      
Representative Paul Seaton                                                                                                      
Representative Steve Thompson                                                                                                   
Representative Lindsey Holmes                                                                                                   
Representative Bob Miller                                                                                                       
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
OVERVIEW: REGULATORY COMMISSION OF ALASKA                                                                                       
                                                                                                                                
     - HEARD                                                                                                                    
                                                                                                                                
Division of Insurance                                                                                                           
                                                                                                                                
     - REMOVED FROM AGENDA                                                                                                      
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
No previous action to record                                                                                                    
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
ROBERT PICKETT, Commissioner; Chair                                                                                             
Regulatory Commission of Alaska (RCA)                                                                                           
Department of Commerce, Community & Economic Development (DCCED)                                                                
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Presented an overview of the Regulatory                                                                  
Commission of Alaska (RCA)                                                                                                      
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
3:18:52 PM                                                                                                                    
                                                                                                                                
CHAIR  KURT OLSON  called the  House Labor  and Commerce  Standing                                                            
Committee  meeting to order  at 3:18  p.m. Representatives  Olson,                                                              
Miller, Johnson,  Saddler,  Thompson, and  Holmes were present  at                                                              
the  call  to  order.    Representatives  Seaton  arrived  as  the                                                              
meeting was in progress.                                                                                                        
                                                                                                                                
3:19:40 PM                                                                                                                    
                                                                                                                                
^Overview: Regulatory Commission of Alaska                                                                                    
           Overview: Regulatory Commission of Alaska                                                                        
                                                                                                                              
3:19:53 PM                                                                                                                    
                                                                                                                                
CHAIR OLSON  announced that  the only order  of business  would be                                                              
an overview by the Regulatory Commission of Alaska (RCA).                                                                       
                                                                                                                                
3:20:20 PM                                                                                                                    
                                                                                                                                
ROBERT  PICKETT,  Commissioner;  Chair, Regulatory  Commission  of                                                              
Alaska (RCA),  began his  PowerPoint overview  by explaining  that                                                              
the RCA  is an  independent agency,  nested in  the Department  of                                                              
Commerce,   Community,   &  Economic   Development   (DCCED)   for                                                              
administrative   purposes,  consisting   of  five   commissioners,                                                              
appointed by  the governor  for six-year  terms, and confirmed  by                                                              
the  legislature.   He characterized  the current  timeframe  as a                                                              
critical   juncture  for   the  RCA,  since   it  faces   numerous                                                              
challenges  and  dockets.   He  stated  that the  RCA's  statutory                                                              
authority  is AS  42.05  for public  utilities  and  AS 42.06  for                                                              
state  pipelines.    He  acknowledged   that  striking  a  balance                                                              
between the  interests of  the utilities,  pipeline carriers,  the                                                              
public and  ratepayers is  challenging given  the Railbelt  alone.                                                              
Utilities in that  area are making tremendous  capital investments                                                              
to replace  aging infrastructure.   In the  past 18  months alone,                                                              
the  RCA has  been asked  to expedite  determinations  on the  new                                                              
Chugach  Electric  Southcentral  power  plant, which  is  a  joint                                                              
venture.                                                                                                                        
                                                                                                                                
3:23:18 PM                                                                                                                    
                                                                                                                                
MR.  PICKETT  related  the  RCA  has  expedited  the  natural  gas                                                              
storage   facility,  Cook   Inlet  Natural   Gas  Storage   System                                                              
(CINGSA), which  is a  natural gas storage  facility on  the Kenai                                                              
Peninsula,  essentially is  a utility  about the  size of  ENSTAR.                                                              
He offered  the examples to indicate  the types of things  the RCA                                                              
is asked  to do in  a compressed  time frame.   At the  same time,                                                              
the ratepayers  have constraints and  need to be assured  that the                                                              
process  that  leads  to  increased   rates  is  sound,  credible,                                                              
professionally  performed, and  that  someone is  looking out  for                                                              
their interests.   He offered his  belief that the overlay  is the                                                              
need  for a  stable regulatory  environment that  all parties  can                                                              
depend upon  and have some assurance.   He contrasted his  role at                                                              
the  Alaska  Housing  Finance Corporation  (AHFC),  in  which  the                                                              
outcome  was  assisting parties  to  achieve  an outcome  such  as                                                              
build a  housing project, and his  role as commissioner  and chair                                                              
of the RCA,  is that the RCA  must strive for the  correct balance                                                              
and in doing so cannot please everyone.                                                                                         
                                                                                                                                
3:25:31 PM                                                                                                                    
                                                                                                                                
MR. PICKETT  said the RCA has  recently received the  first filing                                                              
on  a policy  initiative,  the  Renewable Energy  Grant  Programs.                                                              
The  RCA  will  integrate  its   legislative  goals  with  current                                                              
statute  and regulatory  practice.   He  offered  to keep  members                                                              
apprised of  any bumps in the road.   He reported the  natural gas                                                              
issues in  Cook Inlet will occupy  time, even with  the additional                                                              
storage and  incentives the  legislature put  in place,  some long                                                              
term  trends will  impact  all of  the  Cook  Inlet utilities  and                                                              
northern Railbelt region.                                                                                                       
                                                                                                                                
3:26:48 PM                                                                                                                    
                                                                                                                                
MR.  PICKETT  turned  to  FY  12,  and  pointed  out  the  biggest                                                              
challenges  for the  commission  will relate  to the  Trans-Alaska                                                              
Pipeline   System  (TAPS)   and   reconfiguration   issues.     He                                                              
elaborated  by  stating  that  the  RCA  has  concurrent  hearings                                                              
scheduled  with the  Federal Energy  Regulatory Commission  (FERC)                                                              
beginning  on November 1,  2011.   The hearings  will be  held for                                                              
four weeks  in Anchorage  and four  weeks in  Washington D.C.   He                                                              
offered  his  belief  that  from discussions  he  has  held,  with                                                              
respect  to  previous  rate  cases, that  this  is  an  optimistic                                                              
schedule.   He said he  thinks it is fair  to state that  the TAPS                                                              
matters will take  considerable focus, time, and  energy beginning                                                              
this  spring.   He  stressed  the  importance in  having  adequate                                                              
staffing  resources  to  do  so.    He  offered  his  belief  that                                                              
legislators  will  hear  from  constituents  on  utility  matters,                                                              
which receive some  press coverage that is basically  correct, but                                                              
some salient points  may not be pointed out.  He  urged members to                                                              
contact  him with questions.   He  related the  RCA's workload  is                                                              
heavy but the RCA is as responsive as possible.                                                                                 
                                                                                                                                
3:29:16 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HOLMES referred  to  the TAPS  issue.   She  asked                                                              
what that would mean to the RCA in terms of the workload.                                                                       
                                                                                                                                
MR. PICKETT  responded  that the  TAPS rate review  will create  a                                                              
rather  challenging balancing  act for  the RCA.   He expanded  on                                                              
this, such that  the RCA has statutory deadlines  for its filings.                                                              
The  RCA has  largely been  successful in  meeting the  deadlines,                                                              
but have  had to  at times  extend a  statutory deadline  for good                                                              
cause.   He hoped that  would not happen  frequently, but  he said                                                              
it  is  fair  to  say  that  TAPS   needs  the  consideration  and                                                              
attention it  is due given the  significance of TAPS to  the State                                                              
of Alaska (SOA).                                                                                                                
                                                                                                                                
3:30:17 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HOLMES  offered her  willingness to hear  any ideas                                                              
of what can be done to ensure things move forward on all fronts.                                                                
                                                                                                                                
MR. PICKETT  answered that he has  also held discussions  with the                                                              
executive  branch.   He  pointed out  that  in 2008,  an RCA  task                                                              
force was finalized,  and many of the recommendations  were sound,                                                              
and  identified problems  that persist  to this  day, which  still                                                              
must be addressed.                                                                                                              
                                                                                                                                
3:31:15 PM                                                                                                                    
                                                                                                                                
MR. PICKETT  stated  that the RCA  works closely  with the  Alaska                                                              
Energy   Authority   (AEA),   since  it   has   some   overlapping                                                              
jurisdiction.     He   used   that  to   segue   into  the   joint                                                              
responsibility  between  the  AEA  and  the RCA,  the  Power  Cost                                                              
Equalization (PCE)  program.  He  explained that the  RCA performs                                                              
the calculations  of the baseline  rate or floor  for communities,                                                              
and for  the specific utility applying  for the assistance.   That                                                              
relationship  has  improved,  particularly   the  staff  to  staff                                                              
communication,  but some areas  still need attention.      The SOA                                                              
and federal  government have invested  significant money  in rural                                                              
Alaska, probably  in excess  of $3 billion  in the past  15 years.                                                              
Currently,  125  certificated  electric  utilities  lie  in  rural                                                              
Alaska,  serving  about  170  communities.    This  infrastructure                                                              
requires reliable  electric service that is  reasonably affordable                                                              
to survive.   He cautioned that  it is not pleasant to  consider a                                                              
utility going  down in  the middle  of the  winter in  an isolated                                                              
community.   He mentioned  some issues  including an inability  to                                                              
file timely  PCE paperwork, noting  the RCA's staff works  hard to                                                              
assist  the  utility  in  the  event   it  is  "bounced  out"  for                                                              
noncompliance  to try and  resolve the problem.   He  related some                                                              
instances in  which the  RCA has held  some "show cause"  hearings                                                              
to  revoke the  Certificate of  Public  Convenience and  Necessity                                                              
(CPCN), which  is the  license the  commission gives the  pipeline                                                              
company   or   utility   to   operate    and   collect   freights.                                                              
Approximately  600 CPCNs  exist statewide.   With  respect to  the                                                              
electric  utilities, the  RCA only  economically  regulates 37  of                                                              
125  utilities,  although  it certificates  all  of  them.   If  a                                                              
problem arises, the  RCA must hold hearings in  instances in which                                                              
the utility  is not  willing, fit,  and able  to provide  electric                                                              
utility  service it  is approved  to offer.   He  recalled a  show                                                              
cause hearing held  in Adak recently, noting other  proceedings of                                                              
this nature may arise.                                                                                                          
                                                                                                                                
3:34:18 PM                                                                                                                    
                                                                                                                                
MR. PICKETT  referred to  exemptions to  this regulation,  turning                                                              
to the  broad statutory authority  for the RCA and  the definition                                                              
of  a  public  utility  [slides  2-4].   He  then  turned  to  the                                                              
definition of  "public" or "general  public" which he read:  (A) a                                                              
group  of  10 or  more  customers  that  purchase the  service  or                                                              
commodity furnished  by a public  utility; [slide 5].   He offered                                                              
that the  next definition  deals with  the certification  area and                                                              
total annual  compensation that  must be  met, which triggers  the                                                              
$50,000 for the sales of electricity [slide 6].                                                                                 
                                                                                                                                
MR.  PICKETT pointed  out  the definition  of  public is  expanded                                                              
[slide 7].  He  noted the CPCN is detailed, including  the "bottom                                                              
line" for the  RCA, which is that  they must be fit,  willing, and                                                              
able,  which  also  encompasses   financial  fitness  as  well  as                                                              
managerial fitness and experience [slide 8].                                                                                    
                                                                                                                                
3:36:22 PM                                                                                                                    
                                                                                                                                
MR.   PICKETT  elaborated   on  the   Statutory  Exemptions   from                                                              
certification  [slides  9-10].      He  explained  that the  first                                                              
bullet describes  an exemption  for any  utility making  less than                                                              
$50,000  unless  their  customer(s) petition  for  regulation  (AS                                                              
42.05.711  (e));  a  joint  action  agency,  which  is  a  current                                                              
statutory  provision for  exemption, and  any qualifying  facility                                                              
(QF)  designation   from  the  FERC,  noting  the   threshold  has                                                              
changed.                                                                                                                        
                                                                                                                                
3:37:08 PM                                                                                                                    
                                                                                                                                
MR.  PICKETT, in  response  to Representative  Saddler,  clarified                                                              
that  the  $50,000 or  less  refers  to  net  revenues.   He  then                                                              
referred to  the exemptions from  economic regulation  [slide 10].                                                              
He  clarified that  the  prior four  pages  applied to  exemptions                                                              
from certification,  but economic regulation means  the commission                                                              
does not  have any  statutory jurisdiction  to  enforce a  cost of                                                              
service rate  making methodology on an  entity.  This refers  to a                                                              
utility owned  by a political  subdivision, with the  exception of                                                              
a utility  owned by  the subdivision  but has  competition  with a                                                              
regulated  entity.     He  mentioned  some  instances   in  larger                                                              
communities  a   municipality  may   own  a  utility,   but  other                                                              
utilities exist that are subject to the RCA's regulation.                                                                       
                                                                                                                                
3:38:25 PM                                                                                                                    
                                                                                                                                
MR. PICKETT explained  that the second bullet refers  to utilities                                                              
between $50,000  and $500,000 that  have a deregulation  election.                                                              
The   third  bullet   pertains   to  cooperatives   that  have   a                                                              
deregulation  election,  if  the  cooperative chooses  not  to  be                                                              
subject  to  the  RCA's  regulation.  Again,  that  fourth  bullet                                                              
pertains  to utilities  that  receive a  QF  designation from  the                                                              
FERC.                                                                                                                           
                                                                                                                                
MR.  PICKETT pointed  out the  challenging  set of  circumstances,                                                              
with  respect to  Cook Inlet  natural gas.   The  region has  been                                                              
fortunate for  the past  40 years  to have access  to some  of the                                                              
most  available and  cheap  gas  in country.    Five fairly  major                                                              
fields were discovered  as a byproduct of oil  exploration.  About                                                              
10 years ago,  those times changed as fields  have become depleted                                                              
and utilities  have been  pressured to  find adequate  natural gas                                                              
for  their  services.    He  offered   his  belief  that  this  is                                                              
something  that the  RCA will  deal with  the foreseeable  future.                                                              
"There  is no  silver bullet  and the  answers are  going to  come                                                              
with a price tag," he said.                                                                                                     
                                                                                                                                
3:40:00 PM                                                                                                                    
                                                                                                                                
MR. PICKETT related,  as previously noted, that  the utilities are                                                              
confronted with  an aging infrastructure.   This continues  to put                                                              
pressure  on the  utilities'  finances, and  stresses  ratepayers.                                                              
He stressed it is imperative RCA "gets this balance" right.                                                                     
                                                                                                                                
MR.   PICKETT    stated   that   most   of    electric   utilities                                                              
infrastructure  needs  listed have  been  derived  from the  AEA's                                                              
Railbelt  Integrated   Resource  Plan  (RIRP)  [slide   13].    He                                                              
remarked that they  provide some "eye popping numbers,  noting one                                                              
study  estimated the  cumulative  capital investment  requirements                                                              
ranging  from $2.5  to 8.1  billion over  the next  30 years.   He                                                              
characterized  these   numbers,  including  projections   for  the                                                              
proposed  Susitna Dam  and proposed  in state  natural gasline  as                                                              
staggering numbers.                                                                                                             
                                                                                                                                
3:41:16 PM                                                                                                                    
                                                                                                                                
MR.  PICKETT stated  the  assumptions for  the  RIRP are  outlined                                                              
[slide 14].                                                                                                                     
                                                                                                                                
MR. PICKETT  turned to the  "Installed Railbelt Generation"  slide                                                              
which  provides  an  assessment  of the  Railbelt  generation  and                                                              
proposed  projects  [slides  15-16].    He pointed  out  that  the                                                              
majority  of the generation  is  natural gas  in Cook Inlet,  with                                                              
several  power plants  responsible  for about  50  percent of  the                                                              
generation of electricity in the Railbelt.                                                                                      
                                                                                                                                
MR. PICKETT  indicated that the  projects listed below  the dotted                                                              
line  on the  bar graph  represent  proposed generation  projects.                                                              
He  indicated that  lots  of capital  pieces  are in  motion.   He                                                              
explained  that last  summer  the  RCA held  a  proceeding on  the                                                              
proposed  Southcentral  Power  Plant,  183 megawatts  (MW).    The                                                              
Chugach  Electric  was given  approval  to recapture  its  capital                                                              
investments in rates.   That process is currently  underway and is                                                              
a  joint   project  with  the  Municipal   Light  &  Power.     He                                                              
anticipated that  the RCA will hold  a meeting this spring  on the                                                              
proposed Matanuska  Electric Association  (MEA) since in  2014 its                                                              
power  sale  agreement  will  end.   The  MEA  has  been  planning                                                              
generation  at  Eklutna and  will  be  informing  the RCA  of  its                                                              
plans.   He  offered  to keep  legislators  apprised.   The  Homer                                                              
Electric also  has proposed plans  to increase its  generation, he                                                              
stated.                                                                                                                         
                                                                                                                                
3:43:53 PM                                                                                                                    
                                                                                                                                
MR.  PICKETT recalled  changes to  the Fire  Island wind  project,                                                              
which he read  has been scaled back  although he has not  yet seen                                                              
any filings to date.                                                                                                            
                                                                                                                                
MR.  PICKETT brought  up  regulatory  issues and  the  distinction                                                              
between firm power  and power [slide 17].  He advised  that from a                                                              
regulatory perspective  the distinction between firm  and non-firm                                                              
power.    He  offered  that  firm  power  is  power  that  can  be                                                              
dispatched "24/7.   You flip the switch.  The power  is there," he                                                              
said.    Non-firm   power  is  fueled  by  some   source  that  is                                                              
unpredictable  and cannot be  scheduled by a  utility on  a "24/7"                                                              
basis, he  said.  From the  perspective of regulators  a different                                                              
value  is assigned  because non-firm  power  cannot displace  firm                                                              
power capital  assets, since  those must  be still  in place.   He                                                              
explained  that if  something happens  on the  non-firm side,  the                                                              
firm  power is  then  used.   He explained  that  as we  integrate                                                              
renewable energy  into the  system this will  be an  economic fact                                                              
of life, unless something changes in statute, he stated.                                                                        
                                                                                                                                
3:45:42 PM                                                                                                                    
                                                                                                                                
MR. PICKETT turned  to the Greater Railbelt Energy  & Transmission                                                              
Company (GRETC)  [slide 18].   He  related his understanding  that                                                              
five utilities  have created a cooperative.   He was  uncertain of                                                              
the  cooperative's  priorities,  but  said  he  thought  what  was                                                              
driving the  GRETC were limited  redundancy, limited  economies of                                                              
scale,  heavy   dependence   on  fossil   fuel,  CI  natural   gas                                                              
deliverability and  storage issues [slide 19 ].   He reported that                                                              
the  RCA approved  the CINGSA  storage  in the  lower Kenai  River                                                              
Cannery  Loop  facility.    Additionally,   besides  issuing  that                                                              
order, the  RCA also  issued an order  to ENSTAR, authorizing  the                                                              
utility to capture firm storage rates in its service agreement.                                                                 
                                                                                                                                
3:47:11 PM                                                                                                                    
                                                                                                                                
MR.   PICKETT   outlined   other   challenges,   including   aging                                                              
generation  and  transmission  infrastructure,   inefficient  fuel                                                              
use, and  financing  challenges [slide  20].   He thought  the new                                                              
cooperative could  begin to address  some of these  things, either                                                              
on   the   transmission   piece   or  some   project,   which   he                                                              
characterized  as a  good development  over time.   He provided  a                                                              
brief  synopsis  on  the Power  Cost  Equalization  (PCE)  Program                                                              
[slides  21-22].     He   related  that   the  PCE  represents   a                                                              
significant investment  of state  resources to "level  the playing                                                              
field" for  rural Alaska's  communities.   Under the PCE  program,                                                              
the  state pays  a portion  of the  electric  bills for  consumers                                                              
served  by utilities  participating  in the  program.   He  stated                                                              
that the  program applies  to the  first 500 kilowatt-hours  (KWh)                                                              
of  residential   consumption  but   not  to  businesses   or  for                                                              
consumption  beyond  500 KWh.    The  high  KWh charges  in  rural                                                              
Alaska  create  a  burden for  communities  and  viable  renewable                                                              
projects could lessen  some of the burden.  The  fuel displaced is                                                              
one evaluation the AEA uses when awarding grant funds, he said.                                                                 
                                                                                                                                
3:48:38 PM                                                                                                                    
                                                                                                                                
MR.  PICKETT assessed  the RCA's  staffing challenges  due to  the                                                              
federal  government's unfunded  mandates.    As a  self-supporting                                                              
agency,  the  RCA  collects  regulatory   cost  charges  from  the                                                              
ratepayers  and pipeline  carriers.   He pointed  out that  of the                                                              
RCA's  $8.5 million  budget, less  than $140,000  is from  general                                                              
fund (GF) monies  appropriated for the PCE program.   He commended                                                              
his staff's  efforts, acknowledging  the additional  work garnered                                                              
from federal  initiatives, such as  the Energy Policy Act  of 2005                                                              
(EPAct).   He  viewed the  intent  of the  EPAct as  good and  has                                                              
directed  the  RCA  to open  proceedings  on  net  metering,  fuel                                                              
sources, fossil  fuel generation  efficiency, demand  response and                                                              
time-based  metering, and  interconnection  standards [slide  24].                                                              
He explained  that commissions  nationwide  were asked to  address                                                              
the  federal   standards.    However,   the  RCA   realized  after                                                              
undergoing  a two  year process  that the  federal standards  were                                                              
not  generally  applicable  to   Alaska.    He  characterized  the                                                              
process  as  "pounding  a  square  peg  in  a  round  hole."    He                                                              
acknowledged  that the  RCA found  merit in the  net metering  and                                                              
interconnection  standards to open  up a  follow-up docket  on its                                                              
own  motion to  develop state  standards.   He  reported that  net                                                              
metering standards  went into effect last summer.   He offered his                                                              
belief the regulatory  process was a good one, in  that it engaged                                                              
the  renewable energy  advocates  and the  utilities  in a  fairly                                                              
intense  dialogue.   The RCA has  received more  comments  on this                                                              
issue than  nearly any  other docket  in the  recent past.   While                                                              
not  everyone  has been  happy  with  the final  regulations,  the                                                              
consensus seemed  to be that this  is the best that the  RCA could                                                              
do at  this point.   He pointed  out that  the regulations  do not                                                              
apply  to  all  electric  utilities   due  to  a  size  threshold.                                                              
Although  small  rural utilities  are  not  covered, most  of  the                                                              
larger utilities have  filed tariff filings for net  metering.  He                                                              
hoped  the RCA  could finalize  an  Alaska-specific regulation  on                                                              
its docket for interconnection standards.                                                                                       
                                                                                                                                
3:51:56 PM                                                                                                                    
                                                                                                                                
MR. PICKETT  related net  metering standards  [slides 27-29].   He                                                              
provided   a  brief   update  on   R-09-02,  the   interconnection                                                              
standards  [slide 30].   He  noted significant  interest has  been                                                              
expressed by  utilities to the process  moving, that the  RCA held                                                              
a technical  conference  on July  12, 2010.   He anticipated  that                                                              
draft regulations would be dealt with reasonably soon.                                                                          
                                                                                                                                
MR. PICKETT  turned to the report  on the Energy  Independence and                                                              
Security Act  (EISA) [slide 31].   The EISA is a follow-up  to the                                                              
2005 Act.  The  EISA directed the state regulatory  authorities to                                                              
consider  adopting four new  standards, which  are articulated  in                                                              
slide 32.   The  standards include  integrated resource  planning,                                                              
rate   design   modification   to    promote   energy   efficiency                                                              
investment, consideration  of "Smart Grid" investment,  and "Smart                                                              
Grid" information.   He reported that  the RCA opened a  docket to                                                              
consider  these standards  and has  taken  public comment  through                                                              
December  9, 2010.    The RCA  will continue  to  proceed on  this                                                              
docket in the coming months.                                                                                                    
                                                                                                                                
3:53:18 PM                                                                                                                    
                                                                                                                                
MR. PICKETT  outlined challenges  ahead for the commission  [slide                                                              
34].     He   characterized   these  challenges   as   significant                                                              
challenges, including  telecommunications issues.   He highlighted                                                              
that  one regulation  docket  successfully  completed last  summer                                                              
pertained  to access charge  reform, the  in-state access  charges                                                              
that local  exchange carriers charge  long distance carriers.   He                                                              
offered this as one  reason it costs more to call  from Kenai to a                                                              
rural  community for  intrastate  than it  does to  the Lower  48.                                                              
The  docket's goal  was to  obtain parity  between interstate  and                                                              
intrastate rates.   The issue is a complicated  issue because "all                                                              
of  the pieces  had  to move  at  the same  time."   This  process                                                              
ensued for  a two-year  period and  at times  seemed as  though it                                                              
would not  be resolved.   Some challenges  the RCA faced  included                                                              
the  carrier of  last  resort challenges  of  the incumbent  rural                                                              
carriers,  declining  intra-state  decline  in minutes  used,  and                                                              
local  carrier  dependency on  access  charges  as part  of  their                                                              
overall financial picture.                                                                                                      
                                                                                                                                
MR. PICKETT suggested  most Alaskans are not aware  of how heavily                                                              
subsidized phone  system is due  to the benefits of  the universal                                                              
service   fund   at   the  federal   level.      Alaska   receives                                                              
approximately $190  million in federal funds each  year to support                                                              
its system.   At the  end of the  day, the rural  coalition, AT&T,                                                              
and  GCI  agreed to  the  approach  the  RCA  decided upon.    The                                                              
Attorney  General did  not officially  "sign on"  but Mr.  Pickett                                                              
said  he thought  it was  fair to  say the  AG's office  supported                                                              
many of  the elements  of the proposed  regulations.   He reported                                                              
that the  regulations are currently  before the Lt.  Governor, for                                                              
approval.   He anticipated  the regulations  would be  implemented                                                              
sometime this summer.   He said the RCA is "keeping  a careful eye                                                              
on the Universal  Service Fund (USF) federal reform  since it will                                                              
impact  Alaska.    He  related that  the  late  U.S.  Senator  Ted                                                              
Stevens  was  a powerful  advocate  as  the  Chair of  the  Senate                                                              
Commerce  Committee.   He  noted  with  current pressures  on  the                                                              
federal  budget and  the strong  initiatives  on the  part of  the                                                              
Federal  Communications Commission  (FCC)  that the  RCA needs  to                                                              
continue to watch the developments carefully.                                                                                   
                                                                                                                                
3:56:45 PM                                                                                                                    
                                                                                                                                
MR.  PICKETT continued.   He  read  from a  list, including  major                                                              
capital  investments  by utilities,  struggling  rural  utilities,                                                              
renewable  energy goals,  Cook Inlet natural  gas, TAPS  strategic                                                              
reconfiguration  and rate  cases,  and RCA  staffing  issues.   He                                                              
stressed  the importance  of having staff  with experience,  which                                                              
he deemed  as critical in  the RCA.  He  remarked that it  is much                                                              
easier   to  accomplish   tasks   when  people   remain  with   an                                                              
organization and  develop their expertise.   He related  that with                                                              
considerable staff  turnover an organization spends a  lot of time                                                              
covering bases,  conforming to  statutory deadlines,  and training                                                              
people.                                                                                                                         
                                                                                                                                
3:58:03 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE THOMPSON asked for clarification on net metering.                                                                
                                                                                                                                
CHAIR  OLSON  responded   that  some  homeowners   "on  the  grid"                                                              
generate  more power  than they  use.   Homeowners  would like  to                                                              
sell the  excess power at the  retail rate, but the  industry norm                                                              
is  to purchase  it  at  a wholesale  rate.   He  stressed  safety                                                              
concerns  and the  importance of  standardization throughout  this                                                              
process  to ensure  linemen are  safe.  He  highlighted one  major                                                              
concern,  which is  to  ensure that  net metering  is  done in  an                                                              
equitable manner.                                                                                                               
                                                                                                                                
MR.  PICKETT also  referred members  to slides  27 and  28 of  his                                                              
PowerPoint   overview   since    these   slides   illustrate   the                                                              
limitations on net  metering regulations the RCA  put into effect.                                                              
He concurred  with Chair Olson's  outline of utilities'  concerns,                                                              
noting that one  reason for the threshold of 5 million  KWh was to                                                              
ensure  viability for  small rural  utilities.   Thus,  individual                                                              
generation  has been capped  at 25  KWh.  He  stated that  a small                                                              
electrical utility  may only have a couple hundred  customers on a                                                              
transmission line  at end of  the system  and even that  amount of                                                              
surge could  pose problems.   The  RCA decided to  leave it  up to                                                              
the utilities to  figure out if it could integrate  the additional                                                              
generation, he said.                                                                                                            
                                                                                                                                
4:00:21 PM                                                                                                                    
                                                                                                                                
CHAIR OLSON  brought up one  side issue, that certain  alternative                                                              
energy sources  would not have  an impact  on peak demand.   Often                                                              
times, in his region,  the coldest days are not windy  or sunny so                                                              
wind  or  solar  energy  cannot  be counted  on  as  an  alternate                                                              
source,   whereas  other   types   of  energy   sources  such   as                                                              
geothermal, or nuclear energy are consistently available "24/7".                                                                
                                                                                                                                
MR.  PICKETT  said it  is  fair  to say  that  utility  ratepayers                                                              
expect power to  "come on" when they flip a switch  no matter what                                                              
the weather.                                                                                                                    
                                                                                                                                
4:01:52 PM                                                                                                                    
                                                                                                                                
MR. PICKETT  reported that  this is a sunset  review year  and the                                                              
RCA  is scheduled  to  expire on  June  30, 2011.    In 2010,  the                                                              
legislative auditors  conducted an  audit.  Auditors  were present                                                              
for most of the  year and the RCA's staff worked  extensively with                                                              
them.  He pointed  out that the auditors had some  issues with the                                                              
star information system  as well as with some reports  as they fed                                                              
into its annual  report with respect to statutory  deadlines.  The                                                              
RCA  has a  regulatory process  underway to  review the  e-filings                                                              
issues and  plans to  incorporate some  of the auditor's  findings                                                              
and to make the  necessary administrative changes.   He added that                                                              
the  auditors  recommended  continuing with  the  RCA's  discovery                                                              
regulations, which it  has done.  He characterized  the audit as a                                                              
"pretty fair-minded"  audit.  The  audit recommended  an extension                                                              
to 2019, he said.                                                                                                               
                                                                                                                                
4:03:50 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JOHNSON  asked  Mr.  Pickett  to  comment  on  the                                                              
overall economic  health and viability of utilities  in the state.                                                              
He further  asked him what  mechanisms are  in place in  the event                                                              
of failure of a larger utility.                                                                                                 
                                                                                                                                
MR. PICKETT  answered that he thought  it was fair to  say the RCA                                                              
must  evaluate  utility  health  on  a  utility-by-utility  basis,                                                              
particularly  with respect  to the  larger economically  regulated                                                              
utilities because of  their need to come before  the commission on                                                              
rate   cases,  appreciation   studies,  and   for  major   capital                                                              
investments.   The RCA has kept  abreast of what is  happening and                                                              
continues  to  monitor  utilities  in  the  state.    He  said  he                                                              
believes  that  the  utilities  have  the  tools  to  do  what  is                                                              
necessary.   He  reiterated that  the RCA  continues to  carefully                                                              
monitor utilities.                                                                                                              
                                                                                                                                
4:05:42 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JOHNSON alluded  to some  rumors circulating.   He                                                              
asked, "Are they too big to fail?"                                                                                              
                                                                                                                                
MR. PICKETT  responded that  it is  a very  serious thing  for the                                                              
RCA to evaluate  the fitness of  any entity to operate  a utility,                                                              
regardless of  size.  He said the  RCA must take into  account the                                                              
realistic  options for  ratepayers and  customers.   He said  that                                                              
Alaska  is  unique  in  that  its   largest  utilities  are  small                                                              
utilities  and its systems  are islands.   He  said that  even the                                                              
biggest  island,  the  Railbelt,   is  still  a  relatively  small                                                              
entity.    He   offered  that  Alaska's  natural   gas  system  is                                                              
disconnected  from   the  rest  of  the  world,   outside  of  the                                                              
liquefied   natural  gas   (LNG)   transported  to   Japan.     He                                                              
illustrated the  differences in the  Lower 48 noting  that outside                                                              
of  the pricing  indices,  the Lower  48 has  3  million miles  of                                                              
pipeline  and thousands of  storage facilities.   However,  Alaska                                                              
is  separated from  the Lower  48  and cannot  use this  intricate                                                              
system.   He offered  that regulation  in Alaska  must be  reality                                                              
based, but  at the  same time  the concerns  raised by  Vice Chair                                                              
Johnson are  probing questions which  should be "kept in  the back                                                              
of our minds."                                                                                                                  
                                                                                                                                
4:07:44 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JOHNSON  referred to  the pricing  structure  just                                                              
mentioned.   He  related  his understanding  of  the fine  balance                                                              
between  deliverability  economics,   and  the  RCA's  ability  to                                                              
explore to  provide that deliverability.  He asked  whether Alaska                                                              
has  limited  new exploration  by  linking  to  Henry Hub  and  if                                                              
Alaska has been hobbled by doing so.                                                                                            
                                                                                                                                
MR. PICKETT  answered that has not  been the case if  one examines                                                              
recent contracts.   He said those  contracts tend to be  the older                                                              
legacy,  tied to  some crude  oil index.   When  contracts are  in                                                              
place,  the  contracts  will  be   honored.    However,  in  going                                                              
forward,  the   question  alluded   to  is  whether   the  pricing                                                              
structure  represents the  appropriate price  signal to  encourage                                                              
exploration  in CI.    That is  an  open question,  he  said.   He                                                              
offered  his  belief  that  there   are  a  lot  of  variables  to                                                              
consider.   The legislature took  action last year  to incentivize                                                              
production and  exploration in  CI.  He  remarked on  some initial                                                              
signs of  success.   However, he  thought it is  too early  to say                                                              
what the  ultimate impact  will be.   He offered  that the  RCA is                                                              
aware of  a number of  new small independent  fields with  a small                                                              
annual production,  which perhaps could lead to other  things.  He                                                              
stated  that  must  be  evaluated  against  the  backdrop  of  the                                                              
mammoth  fields in  CI and take  into consideration  the level  of                                                              
decline in those  fields.  He pointed  out that it takes  a lot of                                                              
small fields to make up for the decline.                                                                                        
                                                                                                                                
4:09:59 PM                                                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being  no further business  before the committee,  the House                                                              
Labor and  Commerce Standing  Committee meeting  was adjourned  at                                                              
4:10 p.m.                                                                                                                       

Document Name Date/Time Subjects
2011 RCA Overview 2011-2-2.pdf HL&C 2/2/2011 3:15:00 PM
RCA Overview