Legislature(2011 - 2012)HOUSE FINANCE 519

01/23/2012 04:00 PM House LABOR & COMMERCE


Download Mp3. <- Right click and save file as

Audio Topic
04:06:05 PM Start
04:07:35 PM Presentation: Update on the Regulatory Commission of Alaska
05:50:45 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Please Note Time & Location Change --
Joint with Senate L&C
+ - Update: Regulatory Commission of Alaska by TELECONFERENCED
TW Patch, Chairman
- Executive Session
                    ALASKA STATE LEGISLATURE                                                                                  
                         JOINT MEETING                                                                                        
          HOUSE LABOR AND COMMERCE STANDING COMMITTEE                                                                         
          SENATE LABOR AND COMMERCE STANDING COMMITTEE                                                                        
                        January 23, 2012                                                                                        
                           4:06 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
HOUSE LABOR AND COMMERCE                                                                                                        
                                                                                                                                
 Representative Kurt Olson, Chair                                                                                               
 Representative Craig Johnson, Vice Chair                                                                                       
 Representative Mike Chenault                                                                                                   
 Representative Dan Saddler                                                                                                     
 Representative Steve Thompson                                                                                                  
 Representative Lindsey Holmes                                                                                                  
 Representative Bob Miller                                                                                                      
                                                                                                                                
SENATE LABOR AND COMMERCE                                                                                                       
                                                                                                                                
 Senator Dennis Egan, Chair                                                                                                     
 Senator Linda Menard                                                                                                           
 Senator Bettye Davis                                                                                                           
 Senator Cathy Giessel                                                                                                          
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
SENATE LABOR AND COMMERCE                                                                                                       
                                                                                                                                
 Senator Joe Paskvan, Vice Chair                                                                                                
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                              
UPDATE: REGULATORY COMMISSION OF ALASKA BY T.W. PATCH, CHAIRMAN,                                                                
REGULATORY COMMISSION OF ALASKA (RCA)                                                                                           
                                                                                                                                
EXECUTIVE SESSION                                                                                                               
                                                                                                                                
     - HEARD                                                                                                                    
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
No previous action to record                                                                                                    
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
T.W. PATCH, Chairman                                                                                                            
Regulatory Commission of Alaska (RCA)                                                                                           
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Presented an update on behalf of the RCA.                                                                
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                              
4:06:05 PM                                                                                                                    
                                                                                                                                
CHAIR  KURT OLSON  called  the  joint meeting  of  the House  and                                                             
Senate Labor  and Commerce Standing  Committees to order  at 4:06                                                               
p.m. Representatives Holmes,  Miller, Chenault, Johnson, Saddler,                                                               
Thompson,  and Olson  and Senators  Giessel,  Menard, Davis,  and                                                               
Egan were present at the call to order.                                                                                         
                                                                                                                                
^Presentation:  Update on the Regulatory Commission of Alaska                                                                 
                                                                                                                                
4:07:35 PM                                                                                                                    
                                                                                                                                
CHAIR OLSON  announced that the  only order of business  would be                                                               
an update on  the Regulatory Commission of Alaska  by T.W. Patch,                                                               
Chairman, Regulatory Commission of Alaska (RCA).                                                                                
                                                                                                                                
4:07:46 PM                                                                                                                    
                                                                                                                                
T.W. PATCH,  Chairman, Regulatory Commission of  Alaska (RCA), on                                                               
behalf of the  RCA, expressed gratitude for the  House and Senate                                                               
Labor &  Commerce Committees' willingness  to hold  this hearing.                                                               
He  thanked   members  for   the  opportunity   to  serve   as  a                                                               
commissioner at the RCA these past  two years.  He also passed on                                                               
Mr. Pickett's regards  to members.  He then offered  to provide a                                                               
summary overview of the RCA's  activities and to discuss cases in                                                               
more detail if asked to do so.                                                                                                  
                                                                                                                                
4:10:08 PM                                                                                                                    
                                                                                                                                
MR.  PATCH related  that  former Chief  Justice  Earl Warren  had                                                               
adopted  a  ritual when  he  approached  his U.S.  Supreme  Court                                                               
activities and  duties.  The  chief justice passed on  his advice                                                               
to a  law clerk, which became  a footnote to the  legal lore that                                                               
surrounds  decision  making.   Lore  has  it that  Chief  Justice                                                               
Warren,  who  started each  day  by  reading the  newspaper,  had                                                               
suggested  to  maximize the  knowledge  contained  the paper,  it                                                               
should be  digested by first  reading the sports page  since this                                                               
is  the  part of  the  paper  that demonstrates  effort,  rewards                                                               
preparation and team work and  catalogues accomplishments.  Next,                                                               
Chief Justice Warren suggested people  should read the front page                                                               
since this section points out the  potential mood of the day, and                                                               
reports opinion  - some  good, some  bad, some  well-founded, and                                                               
some  not so  well-founded.    This part  of  the newspaper  also                                                               
catalogues  failures in  government and  society.   Chief Justice                                                               
Warren suggested  it is possible  to learn where and  perhaps how                                                               
to do better by examining  those failures.  Lastly, Chief Justice                                                               
Warren suggested reading the comic pages  to put a smile on one's                                                               
face and to restore one's perspective.                                                                                          
                                                                                                                                
4:12:10 PM                                                                                                                    
                                                                                                                                
MR. PATCH  turned to what he  coined as the RCA's  "sports page."                                                               
He  recalled last  legislature during  special session,  when the                                                               
legislature  considered the  RCA's reauthorization.   Legislators                                                               
debated the  dates for RCA's  extension and potential  sunset and                                                               
ultimately determined  the RCA  should be  extended from  2011 to                                                               
2014.   The legislature directed  the RCA to consider  a proposal                                                               
to limit  the time the RCA  has to consider and  reach a decision                                                               
to  less than  15 months  on  a tariff  filing for  changes to  a                                                               
utility's  revenue   requirement  or   rate  design.     The  RCA                                                               
responded. Last week, the RCA  presented the legislature a report                                                               
for  a  proposal to  reduce  its  statutory timeline  for  tariff                                                               
filings  to  change  a  utility's  revenue  requirement  or  rate                                                               
design.    This report  was  also  enrolled electronically.    He                                                               
offered to  provide a personal copy  to members, if desired.   He                                                               
related that  after an  honest self-assessment,  discussions with                                                               
academics, national leaders, state  commissions, and after taking                                                               
and evaluating public comment, the  RCA ultimately formulated its                                                               
plan.                                                                                                                           
                                                                                                                                
4:14:14 PM                                                                                                                    
                                                                                                                                
MR. PATCH  stated that  RCA has  determined to  open a  series of                                                               
regulations  dockets.   He predicted  that  once the  regulations                                                               
dockets are  concluded the outcome  should result in  an improved                                                               
utility  regulatory   landscape,  which  will   afford  utilities                                                               
opportunities for cost  savings in litigation expenses.   He said                                                               
it will also afford utilities  predictability with respect to the                                                               
timeframe  that  rate  changes   may  be  implemented  and  allow                                                               
utilities to recover their revenue requirement.                                                                                 
                                                                                                                                
4:14:42 PM                                                                                                                    
                                                                                                                                
MR. PATCH  offered that these  benefits to the  utility companies                                                               
will not  come at the risk  of just and reasonable  rates paid by                                                               
utility customers.  He said the  RCA also concluded that it could                                                               
streamline its internal processes used  to achieve decisions.  He                                                               
related that  the RCA's  report has not  been released  to anyone                                                               
prior  to submission  to the  legislature;  however, the  utility                                                               
community is alert.   Thus far, he has not  received any negative                                                               
comments from any utility executive.   He offered his belief that                                                               
by and large the utility community is behind the RCA's proposal.                                                                
                                                                                                                                
MR. PATCH reported  that the RCA's proposal will  be announced to                                                               
the utility community at its  first public meeting on February 1,                                                               
2012,  in Anchorage.   He  emphasized that  the RCA  believes the                                                               
proposal will achieve significant  reduction in the timelines for                                                               
decisions and it  will do so in the  current statutory framework.                                                               
At the time of the next sunset review  in 2014, the RCA - as part                                                               
of its  proposal - will  provide the legislature hard  numbers on                                                               
timelines of actual case results,  including facts and timelines.                                                               
He reiterated that the RCA's  proposal should result in shortened                                                               
timelines, continued  reliable service, and with  respect to some                                                               
of  the  regulatory proposals  for  utilities,  should result  in                                                               
decreased rates.                                                                                                                
                                                                                                                                
4:17:31 PM                                                                                                                    
                                                                                                                                
MR. PATCH turned to what he  deemed as the RCA newspaper's "front                                                               
page."   He said members each  should have received the  RCA's FY                                                               
2011 Annual Report.   The report lists and  briefly describes the                                                               
RCA's significant events.  He  welcomed any comments or questions                                                               
from  members as  they review  the annual  report.   He explained                                                               
that  the   RCA's  annual  report   identifies  the   number  and                                                               
complexity  of a  great number  of proceedings.   He  highlighted                                                               
that the  RCA's workload is very  heavy.  He offered  to be brief                                                               
and not read the details today.                                                                                                 
                                                                                                                                
4:18:44 PM                                                                                                                    
                                                                                                                                
MR.  PATCH referred  to the  RCA newspaper's  "comic pages,"  but                                                               
noted  the absence  of "comic  pages" at  the RCA.   Instead,  he                                                               
offered to  present a series of  numbers and to allow  members to                                                               
contemplate what the  figures might mean, after  which he offered                                                               
to explain the figures.                                                                                                         
                                                                                                                                
MR. PATCH said,  "$50 million in bankruptcy debt."   He explained                                                               
that  Naknek Electric  Association  (NEA)  is seeking  protection                                                               
from  $50 million  in debt  in  the federal  bankruptcy court  in                                                               
Anchorage.  He pointed out while  NEA is not a regulated utility,                                                               
it is  an important utility since  it serves a community  that is                                                               
important to Alaskans.                                                                                                          
                                                                                                                                
4:20:31 PM                                                                                                                    
                                                                                                                                
MR. PATCH  said "907."  He  explained that due to  the efforts of                                                               
the RCA, in conjunction with  the service provider in Alaska, the                                                               
national  numbering  administrator  has extended  the  exhaustion                                                               
date  for the  907 area  code from  third quarter  of 2012  until                                                               
2024.  He affirmed that Alaska will remain under one area code.                                                                 
                                                                                                                                
4:21:52 PM                                                                                                                    
                                                                                                                                
MR. PATCH  said, "$250 million."   He identified $250  million as                                                               
the estimated  cost for Matanuska  Electric Association  to build                                                               
new generation to serve its member owners.                                                                                      
                                                                                                                                
MR. PATCH  said, "$41  million."  He  related that  the Anchorage                                                               
Water  and  Wastewater  Utility  did not  seek  recovery  of  $41                                                               
million in its last rate case for the plant already installed.                                                                  
                                                                                                                                
MR. PATCH said,  "$15 million."  He advised that  the RCA jointly                                                               
administers  $15 million  to improve  or assure  the delivery  of                                                               
broadband  services in  rural Alaska.   This  helps ensure  rural                                                               
Alaskans have the same access to the Internet as other Alaskans.                                                                
                                                                                                                                
4:23:36 PM                                                                                                                    
                                                                                                                                
MR. PATCH  said, "$459  million."  He  identified this  figure as                                                               
the  amount  that  Anchorage  Municipal  Light  &  Power  (AML&P)                                                               
expects to invest between now through  2015 - three short years -                                                               
to develop its  generation assets, its Beluga  natural gas field,                                                               
and enhance its  distribution systems.  He pointed  out that this                                                               
figure  is  affirmed  by  the  director  of  AML&P  in  a  recent                                                               
publication, which he held up a copy for members to see.                                                                        
                                                                                                                                
4:24:44 PM                                                                                                                    
                                                                                                                                
MR. PATCH  asked members how well  they had done to  identify the                                                               
figures -  noting it didn't  matter -  since members will  now be                                                               
better  informed.   He  emphasized what  this  committee did  not                                                               
hear.   The House and  Senate Labor and Commerce  joint committee                                                               
did not hear  him mention anything about 100-year  storms, or the                                                               
Snettisham power line.  The  committee did not hear about AEL&P's                                                               
inclusion of  Lake Dorothy in  its rate  base, or the  Cook Inlet                                                               
Natural Gas  storage asset, which  will begin injecting  gas this                                                               
spring.    He said  he  also  didn't mention  Chugach  Electric's                                                               
Southcentral Power project,  Golden Valley Electric Association's                                                               
wind project,  or discuss  options for  coal generation  from the                                                               
Healy Clean  Coal plant on the  northern end of what  is lovingly                                                               
referred to as  "our Intertie."  Additionally, he  said he didn't                                                               
mention independent  power producers or power  cost equalization.                                                               
Further,   he   didn't   discuss   the   Federal   Communications                                                               
Commission's  (FCC's) order  that changed  the universal  service                                                               
funding  formula  for all  of  America,  which will  also  impact                                                               
Alaska.   He assured  members these matters  are on  the planning                                                               
horizon.  He  emphasized his staff, a 60-person  agency that must                                                               
perform at a  continual high level of  professional precision, is                                                               
now being asked  to deliver results in a shorter  time.  However,                                                               
he  stressed  that   the  health  of  the   utilities  cannot  be                                                               
compromised or  else utility  service delivery  will suffer.   He                                                               
indicated  RCA's  staff  must  keep   in  mind  that  the  public                                                               
convenience and necessity  must be served at  just and reasonable                                                               
rates, which  is a  daunting task.   He  noted this  provides the                                                               
reason for his many sleepless nights.                                                                                           
                                                                                                                                
4:27:14 PM                                                                                                                    
                                                                                                                                
MR.  PATCH  pointed out  that  Chief  Justice Warren's  newspaper                                                               
instructions did not  reach the realm of miscellaneous.   He said                                                               
he sometimes thumbs  through the paper to ensure  he doesn't miss                                                               
something.   As  he prepared  to  come before  the committee,  he                                                               
asked  his staff  to anticipate  the  RCA's 2012  workload.   His                                                               
finance staff estimated the RCA would  receive a total of 30 rate                                                               
cases,  with  14  simplified  rate  filings,  delivered  on  five                                                               
different dates by the electric  cooperatives.  He added that the                                                               
RCA must also address the  Cook Inlet Natural Gas Storage Alaska,                                                               
LLC  (CINGSA) injection  rates,  and with  respect to  pipelines,                                                               
should  anticipate   four  major  filings  by   the  Trans-Alaska                                                               
Pipeline System  (TAPS).  His  engineering staff informed  him in                                                               
2012 nearly 50 wastewater utilities -  one per week all year long                                                               
- will  require some  level of attention.   He  acknowledged that                                                               
most   of   the  small   water   utility   have  [Department   of                                                               
Environmental  Conservation]  (DEC)  concerns.    Some  utilities                                                               
deliver service from  old and under maintained  plants, and under                                                               
collect  in rates,  while simultaneously  the federal  government                                                               
has  been  cutting  back  on  drinking  water  funding  programs.                                                               
Additionally,  his  staff  informed  him  the  RCA  is  currently                                                               
monitoring a federal  proceeding that may impact  gas delivery to                                                               
Fairbanks.   Additionally,  the  RCA's telephone  group has  been                                                               
reviewing an 800-page  order on the reformation  of the Universal                                                               
Service Fund  (USF).  He  advised members  that he will  attend a                                                               
conference  in  Washington  D.C.  to enhance  Alaska's  role  and                                                               
minimize  the  USF's  impact  on   Alaska.    He  emphasized  the                                                               
magnitude of the RCA's review of the 800-page order.                                                                            
                                                                                                                                
4:30:46 PM                                                                                                                    
                                                                                                                                
MR.  PATCH related  his understanding  that  the legislature  may                                                               
take up tax  reform this year.   He then turned to the  TAPS.  He                                                               
informed members  that the RCA  has been involved in  seven weeks                                                               
of  hearings.   More than  ten years  ago, the  TAPS owners  were                                                               
considering  investments  in the  line  to  achieve a  number  of                                                               
understandable goals.   The owners  wanted to address  any safety                                                               
concerns,  lower  their  operating costs,  and  obtain  efficient                                                               
operations  with  lower  throughputs.     He  related  that  this                                                               
investment   planning  came   to  be   known  as   the  Strategic                                                               
Reconfiguration  Project  (SRP).    This matter  has  come  under                                                               
scrutiny, with respect to whether  the planning has been adequate                                                               
and thorough.   He acknowledged  that over 12,000  project change                                                               
orders occurred  to date, which  has resulted in the  turnover of                                                               
numerous  highly  qualified,  dedicated  project  managers.    He                                                               
characterized  this as  due to  the managers  simply having  been                                                               
overwhelmed  by the  magnitude of  the  duties.   He referred  to                                                               
numerous studies  he has  been asked to  read that  explain TAPS'                                                               
problems in hopes to identify possible solutions.                                                                               
                                                                                                                                
4:33:04 PM                                                                                                                    
                                                                                                                                
MR. PATCH  said the  case to consider  whether the  investment in                                                               
the SRP  was prudent  came before  the Federal  Energy Regulatory                                                               
Commission (FERC) and  the RCA in concurrent  hearings last fall.                                                               
He  highlighted  the importance  of  this  case  to Alaska.    He                                                               
recalled that  last legislative  session, U.S.  Senator Murkowski                                                               
mentioned in  her remarks to  the legislature that 87  percent of                                                               
the  net  wealth of  state  is  directly  related  to TAPS.    He                                                               
observed  that the  importance of  TAPS to  Alaska is  the reason                                                               
legislators went to  Washington D.C. to participate  in an energy                                                               
conference.  It  is also the reason that RCA  has been attempting                                                               
to  participate  in a  meaningful  fashion.   He  suggested  that                                                               
members were probably  aware of a recent  Superior Court decision                                                               
issued by Judge  Sharon Gleason.  He  characterized this decision                                                               
as an interesting decision.   As the SRP's hearing concluded, the                                                               
FERC's   chief  judge   set   another   proceeding,  which   will                                                               
effectively continue the matter.   The FERC's judge has asked for                                                               
a briefing by  parties on Judge Gleason's decision  to assess how                                                               
this  decision will  impact the  further proceedings  before both                                                               
commissions.   He suggested that  legislators have heard  a great                                                               
deal about  the SRP, which  some may come  to know as  a prudence                                                               
phase  of the  proceeding.   He acknowledged  that the  committee                                                               
members  recognize the  importance  of TAPS,  but cautioned  that                                                               
while the  prudence phase  has just concluded,  the rate  case is                                                               
long from over.                                                                                                                 
                                                                                                                                
MR. PATCH  predicted that  as the rate  case continues  to unfold                                                               
numerous  long  and complex  evidentiary  hearings  will be  held                                                               
before this  round of  TAPS ends.   The  RCA will  hold hearings,                                                               
engage in  deliberations, seek briefings from  lawyers, and reach                                                               
a decision to establish the  post-reconfiguration rate base.  The                                                               
RCA will take  into account Judge Gleason's decision  on the life                                                               
of the  [TAPS] line.   The RCA will  make conclusions based  on a                                                               
developed  record about  the [TAPS]  assets, and  the appropriate                                                               
depreciation on  these assets as  the depreciation  flows through                                                               
to  rates.    Additionally,  he  added that  the  RCA  will  also                                                               
consider  allowable operating  expenses and  eventually determine                                                               
rates to be charged to shippers  on the intrastate rates, but not                                                               
for  the interstate  rates.   He advised  members that  FERC will                                                               
decide the  other side  of the  equation [the  interstate rates].                                                               
He characterized the interstate  case as massive and unbelievably                                                               
complex.  He also acknowledged that it is hotly litigated.                                                                      
                                                                                                                                
4:38:00 PM                                                                                                                    
                                                                                                                                
CHAIR  OLSON thanked  Mr. Patch  for his  efforts to  resolve the                                                               
timelines.                                                                                                                      
                                                                                                                                
MR. PATCH  predicted that utility  executives will be  pleased to                                                               
receive  earlier  determinations  on   rate  case  filings.    He                                                               
emphasized that the reputation of  the RCA will also benefit from                                                               
the change and this matters to him.                                                                                             
                                                                                                                                
4:39:37 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HOLMES referred  to the  summary on  the timeline                                                               
issue.   She  asked him  to briefly  discuss the  four regulation                                                               
dockets mentioned  in the executive  summary in  members' packets                                                               
and to highlight what information the RCA is hoping to gather.                                                                  
                                                                                                                                
4:40:51 PM                                                                                                                    
                                                                                                                                
MR. PATCH referred to page 6  of the executive summary to Dockets                                                               
R-10-2/R-11-1  titled, "In  the  Matter of  the Consideration  of                                                               
Adoption  of Regulations  regarding  Discovery."   He provided  a                                                               
brief   history,  noting   a  prior   legislative  audit   sunset                                                               
recommendation  indicated  the   RCA  should  consider  discovery                                                               
issues.   He  acknowledged, in  retrospect, that  the matter  was                                                               
probably  not dealt  with as  thoroughly or  openly as  it should                                                               
have  been.   Thus, the  matter came  up at  a subsequent  sunset                                                               
evaluation.  He  referred to page 7 to Docket  R-12-1 titled, "In                                                               
the  Matter   of  Consideration   of  Revisions   to  Regulations                                                               
Pertaining to Required Filings in  Support of Revenue Requirement                                                               
Filings   and   the    Consideration   of   Requiring   Utilities                                                               
Contemplating  Revenue   Requirement,  Rate  Design   or  Complex                                                               
Filings to  Participate in Pre-filing  Conferences."   He offered                                                               
his belief  that the discovery matter  will go hand in  hand with                                                               
the  docket.   He noted  the docket  has not  been opened  by the                                                               
issuance of an order; however,  but the matter has been discussed                                                               
at more than  one public meeting.  He stated  that discovery in a                                                               
rate  case  is  typically  sought by  the  attorney  general  and                                                               
intervenors.   The discovery information most  often sought after                                                               
pertains to  cost, such as the  work papers from experts  on rate                                                               
of  return  calculations.   He  pointed  out that  utilities  can                                                               
choose  when to  file  a  rate case,  the  identification of  the                                                               
information needed, and  the timing of the filing.   Further, the                                                               
[RCA and utilities] must consider  any delay that may result from                                                               
the file  review until the  Alaska Department of  Law, Regulatory                                                               
Affairs  &  Public  Advocacy  (RAPA) or  an  intervenor  seek  to                                                               
discover materials  in support of  the filing.   He characterized                                                               
this process as a time-consuming one.   It may involve matters of                                                               
confidentiality  or certain  critical energy  infrastructure, but                                                               
for  purposes of  a  shortened  timeline, the  RCA  will need  to                                                               
collapse the discovery.                                                                                                         
                                                                                                                                
4:44:10 PM                                                                                                                    
                                                                                                                                
MR. PATCH said that hand in  hand between the two dockets, R-11-1                                                               
and R-12-1 is an effort to bring  about a change.  He referred to                                                               
Rule 26 of the Alaska Rules  of Civil Procedure.  He related that                                                               
the courts adopted a protocol.   He explained that once a lawsuit                                                               
is filed,  pleadings and proofs must  also be filed.   He offered                                                               
that  the coalescence  between the  discovery regulation  and the                                                               
pre-filing  regulation -  revisiting what  the RCA  needs -  will                                                               
shorten  the timeline.   He  anticipated  once these  proceedings                                                               
occur,  the RCA  will find  the utility  should file  all of  the                                                               
supporting  costs   without  the  necessity  for   RAPA  to  make                                                               
discovery  demands.   He predicted,  at  that point,  immediately                                                               
RAPA  and any  legitimate  intervenors will  have  access to  and                                                               
begin  the process  to  evaluate the  case.   He  stated that  in                                                               
fairness  to the  utility, any  intervenor must  also be  equally                                                               
forthcoming.   He concluded that the  legislature has essentially                                                               
asked the  RCA to develop  a full record  so an earlier  just and                                                               
reasonable  rate determination  can be  made.   He said,  "If you                                                               
want it sooner, we have to get into the sand box together."                                                                     
                                                                                                                                
4:46:20 PM                                                                                                                    
                                                                                                                                
MR. PATCH again turned to page  7, to Docket R-12-1.  He informed                                                               
members that the Federal Energy Project  Office of the FERC has a                                                               
pre-filing requirement.   He suggested  that if a party  wants to                                                               
build  a  hydroelectric,  kinetic energy  facility  at  [Susitna-                                                               
Watana], the Alaska Energy Authority  (AEA) and Alaska Industrial                                                               
Development and Export  Authority (AIDEA) should come  to the RCA                                                               
to hold discussions.  He said, "Let's talk."                                                                                    
                                                                                                                                
4:47:03 PM                                                                                                                    
                                                                                                                                
MR. PATCH  recommended that if  someone wanted to file  a routine                                                               
filing,  the  party  should  take  advantage  of  the  RCA's  new                                                               
electronic  filing requirements;  however, if  someone wanted  to                                                               
file  an   unprecedented  filing  with  the   RCA,  never  before                                                               
considered, for  multiple millions  of dollars, the  party should                                                               
not expect an expedited and final decision within a week.                                                                       
                                                                                                                                
4:47:51 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JOHNSON  asked  whether  FERC  gives  parties  an                                                               
option.                                                                                                                         
                                                                                                                                
MR. PATCH answered that according  to the Federal Energy Projects                                                               
Office in  some cases the  process is  mandatory.  He  related he                                                               
recently met with the FERC.                                                                                                     
                                                                                                                                
REPRESENTATIVE JOHNSON  recalled the FERC processes  in which one                                                               
process is  an open one and  the other process is  closed, noting                                                               
the  support  was  given  up-front.   He  further  recalled  FERC                                                               
prefers  that process;  however,  the other  process  is a  last-                                                               
minute request, which  is optional.  He reiterated  that the FERC                                                               
preferred parties  come in  [advance].   He was  not so  sure the                                                               
review was mandatory, but offered to check.                                                                                     
                                                                                                                                
MR.  PATCH  also  offered  to   verify  the  FERC  options.    He                                                               
acknowledged he was not speaking as an expert on this.                                                                          
                                                                                                                                
REPRESENTATIVE JOHNSON also  agreed he is not an  expert, but has                                                               
spent some time before FERC.                                                                                                    
                                                                                                                                
MR. PATCH explained he made his  comments in an effort to clarify                                                               
for  Representative Holmes  his belief  that the  overlap between                                                               
discovery and  participatory conversation in advance  of a filing                                                               
will shorten timelines.  He apologized if he has misspoken.                                                                     
                                                                                                                                
REPRESENTATIVE JOHNSON said he simply  could not understand why a                                                               
party would not want to come  to the RCA for up-front assistance.                                                               
He related  his understanding  that is  also FERC's  position, as                                                               
well.  He  also related that FERC would not  exclude [the filing]                                                               
if  a  party  does  not  seek cooperation  for  reasons  such  as                                                               
proprietary reasons.  He acknowledged  that some parties are very                                                               
secretive and  may not want the  RCA involved too soon.   He said                                                               
he just  wanted to be  sure it's  not exclusive to  avoid keeping                                                               
someone from [filing] due to an RCA regulation.                                                                                 
                                                                                                                                
MR. PATCH said, "Thank you for  your public comment in our as yet                                                               
unopened docket.  It is duly noted."                                                                                            
                                                                                                                                
4:49:37 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   SADDLER   asked    whether   the   practice   of                                                               
individually  tailored  timelines  for   rate  cases  was  common                                                               
practice  or   if  it  is   common  in  other   state  regulatory                                                               
commissions to  grant the  full statutory  timeline as  the RCA's                                                               
practice has been to date.                                                                                                      
                                                                                                                                
MR.  PATCH said,  "The default  position  in commissions  outside                                                               
Alaska -  in the majority of  regulatory bodies - seems  to be to                                                               
take as  much time as  you can, be as  careful as you  can, [and]                                                               
consider as much as you need -  good luck."  He related that this                                                               
position  brings   comfort  to  parties  due   to  the  immediate                                                               
discernible date.   He  stated once the  filing is  complete, the                                                               
dates can be  calculated, which will remain in place,  and if the                                                               
process is  completed sooner, that's better,  too.  Additionally,                                                               
parties also gain comfort because  they can make better decisions                                                               
with respect to expenditures of  their resources.  He offered his                                                               
belief that  the emerging  trend is to  tailor the  complexity of                                                               
the rate case to the time  involved, which is also the option the                                                               
RCA  has  chosen.   He  advised  that  the  RCA will  attempt  to                                                               
compress  the  discovery  component   and  has  been  working  to                                                               
compress what has  previously been reserved by  the commission as                                                               
its analytic and decision-making time  element.  He reported that                                                               
the RCA knowingly takes that action.                                                                                            
                                                                                                                                
4:51:36 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SADDLER  recalled from the executive  summary that                                                               
the RCA has performed some  research and has consulted with other                                                               
commissions.    He  asked  him  to describe  the  downside  to  a                                                               
tailored timeline process.                                                                                                      
                                                                                                                                
MR. PATCH identified  the downside as stress on staff  due to the                                                               
workload  component which  may lead  to mistakes.   He  suggested                                                               
that staff  might have some  discomfiture, although  mistakes can                                                               
be corrected by  the courts or through  the RCA's reconsideration                                                               
process.   However, he  emphasized the risk  of burnout  on RCA's                                                               
staff,  and cautioned  that the  RCA's staff  might gravitate  to                                                               
industry, which  would adversely affect  the RCA, and  the public                                                               
would lose a dedicated public servant.                                                                                          
                                                                                                                                
4:52:43 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SADDLER  recalled Mr. Patch stated  the [shortened                                                               
timeline]  is   an  emerging  trend.     He  asked   which  other                                                               
jurisdictions  have  been  using  this process  for  the  longest                                                               
period of time.                                                                                                                 
                                                                                                                                
MR. PATCH  answered that California is  on the cutting edge.   He                                                               
said that New  York's Regulatory Commission has a  staff of 1,000                                                               
people so  it can  respond more  quickly.   He ventured  that the                                                               
process has been in effect in  some jurisdictions in the Lower 48                                                               
for over 15 years.                                                                                                              
                                                                                                                                
4:53:18 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HOLMES  turned to  a new topic.   She  stated that                                                               
some  of her  constituents  asked for  general comments,  without                                                               
regard to  a specific case.   She read, "Recent RCA  decisions on                                                               
rate  making  have  been  characterized as  pro  utility."    She                                                               
interjected  that her  constituents  may be  operating under  the                                                               
assumption of pro  utility, pro-business.  She  said, "But higher                                                               
monopoly   rates  harm   businesses,  as   well  as   residential                                                               
customers."     She  reiterated  this  question   came  from  her                                                               
constituents,  who are  also small  business owners.   She  added                                                               
that the business owners have related  that they count on the RCA                                                               
to watch out for  them, but they have not felt  that has been the                                                               
case.                                                                                                                           
                                                                                                                                
MR.  PATCH  answered  that  he   would  be  happy  to  engage  in                                                               
conversations  with   any  of   her  constituents   who  identify                                                               
themselves  by name.   He  stated  they should  feel no  umbrage,                                                               
pressure, or disdain to contact him.   He offered to hold an open                                                               
and wide-ranging conversation  with them.  He  offered to address                                                               
a number  of components raised  by her question.   He highlighted                                                               
that the very nature of a utility  is a monopoly.  He agreed that                                                               
when  someone   mentions  a  monopoly  the   conclusion  is  that                                                               
monopolies are  bad; however,  the American  way tends  to prefer                                                               
competitive  enterprise.    He suggested  that  when  someone  is                                                               
engaged  in  capital  intensive  business,   it  may  not  be  in                                                               
everyone's  best  interest to  have  two  such capital  intensive                                                               
businesses each  trying to recover  their revenue  requirement in                                                               
an  overlapping service  area.   Thus,  what has  evolved -  long                                                               
before Alaska became a state  - has been the regulatory paradigm.                                                               
He  acknowledged that  the RCA  might  give a  monopoly right  to                                                               
deliver this type  of public convenience service  in a geographic                                                               
area;  however,  in  exchange  for the  monopoly,  the  RCA  will                                                               
regulate  the  price  and require  that  services  are  delivered                                                               
without  discrimination.   He characterized  this as  the utility                                                               
paradigm.                                                                                                                       
                                                                                                                                
4:56:34 PM                                                                                                                    
                                                                                                                                
MR. PATCH related  that the legislature said to the  RCA - or its                                                               
predecessors  -  to allow  a  utility  to  recover costs  with  a                                                               
reasonable rate  of return.   He identified  that process  as the                                                               
process RCA  uses to  determine what  a utility  can charge.   He                                                               
pointed out  the legislature holds  the RCA to the  standard that                                                               
the rate  determination must be  just and reasonable in  light of                                                               
the facts of the developed record.   He added this record must be                                                               
infused with opinion,  financial analysis, and adhere  to the due                                                               
process of  law.  He  characterized this as  the RCA's task.   He                                                               
identified RAPA  as another  opposing party  with the  same task,                                                               
and  he   encouraged  Representative  Holmes's   constituents  to                                                               
consult them since  they are also public's advocate.   He offered                                                               
that  the DOL's  RAPA performs  well, even  though the  office is                                                               
undermanned.   He  described  the RAPA's  workload  as a  massive                                                               
load.  He  reiterated that the office performs well.   He thanked                                                               
Representative  Holmes's  constituents   for  using  the  comment                                                               
process,  for  seeking  guidance  of their  legislator,  and  for                                                               
posing  a difficult  question.   He suggested  the other  parties                                                               
could go to his  office or the RAPA office.  He  said he would be                                                               
happy  to  sit down  in  any  setting.   He  offered  to put  her                                                               
constituents on  the service list if  they came to him  on a rate                                                               
case that  affected their area.   He said the  constituents would                                                               
have access  to every pleading in  the case.  He  further offered                                                               
to  make  their   comments  part  of  the  public   record.    He                                                               
characterized involved citizens as the better citizens.                                                                         
                                                                                                                                
REPRESENTATIVE HOLMES thanked Mr. Patch.                                                                                        
                                                                                                                                
4:59:11 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SADDLER  asked at  the end  of the  two-year trial                                                               
period  what  criteria he  would  use  to  judge the  success  or                                                               
failure of the RCA's proposal.                                                                                                  
                                                                                                                                
MR.  PATCH answered  the standard  would be  made by  determining                                                               
whether cases  were decided  close to the  timeline set  for each                                                               
case.  He would also consider  whether the RCA made its decisions                                                               
prior  to the  450  day  timeline.   Further,  he would  consider                                                               
whether  the  parties  involved  in  the  timeline  kept  to  the                                                               
timeline the  RCA imposed, and  if the RCA developed  factors the                                                               
commission could transfer to the  legislature to outline specific                                                               
timeframes on cases.   He offered his belief that  if he could do                                                               
so, he would judge the RCA's proposal as an unqualified success.                                                                
                                                                                                                                
5:00:20 PM                                                                                                                    
                                                                                                                                
SENATOR EGAN  made a motion,  under Uniform  Rule 22, to  go into                                                               
executive  session for  the  purpose  of discussing  confidential                                                               
matters  pertaining to  the RCA.   He  requested that  his staff,                                                               
Dana Owen, and Chair Olson's  staff, Konrad Jackson remain in the                                                               
room.   There  being no  objection,  the joint  House and  Senate                                                               
Labor and Commerce Committees went into executive session.                                                                      
                                                                                                                                
5:50:38 PM                                                                                                                    
                                                                                                                                
CHAIR  OLSON  reconvened the  meeting  and  gaveled out  [not  on                                                               
record].                                                                                                                        
                                                                                                                                
5:50:45 PM                                                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no  further business before the  committee, the joint                                                               
meeting between  the House Labor and  Commerce Standing Committee                                                               
and the Senate Labor and  Commerce Standing Committee meeting was                                                               
adjourned at 5:50 p.m.                                                                                                          
                                                                                                                                

Document Name Date/Time Subjects
RCA Timelines Proposal - Exec Sum and Concl 1-17-2011.pdf HL&C 1/23/2012 4:00:00 PM