Legislature(1999 - 2000)

04/12/2000 09:12 AM House URS

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
        HOUSE SPECIAL COMMITTEE ON UTILITY RESTRUCTURING                                                                        
                         April 12, 2000                                                                                         
                            9:12 a.m.                                                                                           
                                                                                                                                
                                                                                                                                
MEMBERS PRESENT                                                                                                                 
                                                                                                                                
Representative Bill Hudson, Chairman                                                                                            
Representative John Cowdery, Vice Chairman                                                                                      
Representative Pete Kott                                                                                                        
Representative Norman Rokeberg                                                                                                  
Representative Joe Green (alternate)                                                                                            
                                                                                                                                
MEMBERS ABSENT                                                                                                                  
                                                                                                                                
Representative Brian Porter                                                                                                     
Representative John Davies                                                                                                      
Representative Ethan Berkowitz                                                                                                  
                                                                                                                                
COMMITTEE CALENDAR                                                                                                              
                                                                                                                                
HOUSE BILL NO. 169                                                                                                              
"An Act relating to including the costs of expansion activities                                                                 
and political activities in rates of electric cooperatives."                                                                    
                                                                                                                                
     - MOVED CSHB 169(URS) OUT OF COMMITTEE                                                                                     
                                                                                                                                
PREVIOUS ACTION                                                                                                                 
                                                                                                                                
BILL: HB 169                                                                                                                  
SHORT TITLE: ELEC.COOPS:EXPANSION & POLITICAL ACTIVITY                                                                          
                                                                                                                                
Jrn-Date    Jrn-Page           Action                                                                                           
 3/31/99       625     (H)  READ THE FIRST TIME - REFERRAL(S)                                                                   
 3/31/99       625     (H)  URS, L&C                                                                                            
 4/28/99               (H)  URS AT  8:00 AM CAPITOL 120                                                                         
 4/28/99               (H)  SCHEDULED BUT NOT HEARD                                                                             
 5/05/99               (H)  URS AT  8:00 AM CAPITOL 120                                                                         
 5/05/99               (H)  SCHEDULED BUT NOT HEARD                                                                             
 3/15/00               (H)  URS AT  8:00 AM CAPITOL 120                                                                         
 3/15/00               (H)  -- Meeting Postponed to 3/22 --                                                                     
 3/22/00               (H)  URS AT  8:00 AM CAPITOL 120                                                                         
 3/22/00               (H)  Heard & Held                                                                                        
 3/22/00               (H)  MINUTE(URS)                                                                                         
 3/29/00               (H)  URS AT  8:00 AM CAPITOL 124                                                                         
 3/29/00               (H)  Heard & Held                                                                                        
 3/29/00               (H)  MINUTE(URS)                                                                                         
 3/31/00               (H)  L&C AT  3:15 PM CAPITOL 17                                                                          
 3/31/00               (H)  <Pending Referral>                                                                                  
 4/05/00               (H)  URS AT  8:00 AM CAPITOL 120                                                                         
 4/05/00               (H)  <Bill Postponed To 4/12>                                                                            
 4/12/00               (H)  URS AT  9:00 AM CAPITOL 120                                                                         
                                                                                                                                
WITNESS REGISTER                                                                                                                
                                                                                                                                
NANETTE THOMPSON, Commissioner/Chair                                                                                            
Regulatory Commission of Alaska                                                                                                 
Department of Community and Economic Development                                                                                
1016 West Sixth Avenue                                                                                                          
Anchorage, Alaska 99501-1963                                                                                                    
POSITION STATEMENT:  Testified on HB 169.                                                                                       
                                                                                                                                
ACTION NARRATIVE                                                                                                                
                                                                                                                                
TAPE 00-8, SIDE A                                                                                                               
Number 0001                                                                                                                     
                                                                                                                                
CHAIRMAN  BILL  HUDSON  called  the  House  Special  Committee  on                                                              
Utility  Restructuring meeting  to  order at  9:12  a.m.   Members                                                              
present  at  the  call  to  order   were  Representatives  Hudson,                                                              
Cowdery, Kott, Green and Rokeberg.                                                                                              
                                                                                                                                
HB 169-ELEC.COOPS:EXPANSION & POLITICAL ACTIVITY                                                                              
                                                                                                                                
Number 0064                                                                                                                     
                                                                                                                                
CHAIRMAN HUDSON  announced the  first order  of business  would be                                                              
HOUSE BILL  NO. 169, "An  Act relating  to including the  costs of                                                              
expansion  activities   and  political  activities   in  rates  of                                                              
electric  cooperatives."   [The  bill had  been  presented at  the                                                              
committee's  March 22 meeting,  and testimony  was heard  on March                                                              
29.]                                                                                                                            
                                                                                                                                
Number 0093                                                                                                                     
                                                                                                                                
REPRESENTATIVE  GREEN,  sponsor  of  HB 169,  explained  that  the                                                              
thrust of  the bill is to  ensure that cooperatives do  not misuse                                                              
funds in political  or other non-essential business.   Because co-                                                              
ops  are charged  with providing  the  most reliable,  lowest-cost                                                              
energy, it  seems to him  a misuse of funds  for them to  get into                                                              
advertising  wars and  major media  [campaigns].   He pointed  out                                                              
that  Chugach [Electric  Association,  Inc.]  had expended  nearly                                                              
$800,000  - and  he  doesn't even  know  how much  MEA  [Matanuska                                                              
Electric Association] expended -  in a hostile takeover attempt in                                                              
1998.  That is  what prompted this bill.  The intent  is to try to                                                              
ensure that  the existing  laws are  upheld and that  expenditures                                                              
made  by  a  regulated  agency  are  reviewed  on  behalf  of  the                                                              
ratepayers.                                                                                                                     
                                                                                                                                
Number 0261                                                                                                                     
                                                                                                                                
VICE CHAIRMAN COWDERY asked whether  it would be a correct analogy                                                              
to  say that  it  [the  utilities' use  of  funds]  would be  very                                                              
similar  to the  legislature's taking  general fund  money to  get                                                              
members re-elected or others defeated.                                                                                          
                                                                                                                                
Number 0299                                                                                                                     
                                                                                                                                
REPRESENTATIVE  GREEN said  a  better analogy  might  be if  those                                                              
funds were used to be persuasive  to a political party.  He added,                                                              
"That is the amendment we are going  to make, Mr. Chairman.  There                                                              
is a  reference to candidates,  and we're  going to strike  that."                                                              
He introduced  Amendment 1 [1-LS0766\D.2, Cramer,  4/11/00], which                                                              
he said  had been drafted  in response to Representative  Porter's                                                              
concern.  It read:                                                                                                              
                                                                                                                                
     Page 2, line 28:                                                                                                           
          Delete "or for a candidate"                                                                                           
                                                                                                                                
     Page 2, line 29:                                                                                                           
          Delete all material.                                                                                                  
                                                                                                                                
     Reletter the following subparagraph accordingly.                                                                           
                                                                                                                                
Number 0435                                                                                                                     
                                                                                                                                
REPRESENTATIVE GREEN  moved to adopt Amendment 1.   There being no                                                              
objection, it was  so ordered.  He indicated that  he might have a                                                              
conceptual amendment after the committee  heard from Ms. Thompson.                                                              
                                                                                                                                
Number 0468                                                                                                                     
                                                                                                                                
NANETTE  THOMPSON, Commissioner/Chair,  Regulatory  Commission  of                                                              
Alaska (RCA),  Department of  Community and Economic  Development,                                                              
testified by  teleconference from  Anchorage.  She  confirmed that                                                              
she had heard and understood Amendment 1.                                                                                       
                                                                                                                                
CHAIRMAN  HUDSON asked  her  to comment  about  the  bill and  the                                                              
substance of it, as amended.                                                                                                    
                                                                                                                                
Number 0483                                                                                                                     
                                                                                                                                
MS. THOMPSON said she does not disagree  at all with the intent of                                                              
the bill, but  she does not think  it is necessary because  of the                                                              
existing  statute.   Right  now  in  AS  42.05.381, the  costs  of                                                              
political contributions  or public relations expenses,  except for                                                              
some limited  exceptions, are  not allowed in  rates.   That being                                                              
the case, she  surmised that the committee would  want to know why                                                              
the  contrary  appears  true.     She  said  it  is  important  to                                                              
understand  the distinction  between  the rate-setting  procedures                                                              
now in use and what the bill proposes.  She explained:                                                                          
                                                                                                                                
     The  bill   here  talks  about  asking   for  customers'                                                                   
     permission  before a particular  expense is incurred  by                                                                   
     the   utility.     The  way  utility   rate  making   is                                                                   
     structured,  the utility  has to get  approval from  the                                                                   
     RCA for  a specific  rate; they have  to prove that  all                                                                   
     the costs that  go into making that rate  are allowable.                                                                   
     We see [that] in the context  of requests from a utility                                                                   
     for  tariff changes  or  a major  rate  increase.   They                                                                   
     can't do it  until we approve it.  Sometimes  we approve                                                                   
     it,  if it is  relatively minor.  ... If  we don't  have                                                                   
     enough   information,   we   suspend   it  and   do   an                                                                   
     investigation.   We  sometimes have  a hearing,  require                                                                   
     further financial filings.   But this issue of political                                                                   
     contributions is one that arises  in the context of rate                                                                   
     cases.                                                                                                                     
                                                                                                                                
Number 0613                                                                                                                     
                                                                                                                                
MS.  THOMPSON  recalled  her earlier  testimony  that  the  Alaska                                                              
Public Utilities Commission [predecessor  to the RCA] had not been                                                              
doing  a lot  of rate  cases,  so the  rates  that utilities  were                                                              
charging had  not been reviewed, as  a whole, for some  time.  She                                                              
said  the RCA  has  scheduled  rate cases  for  all  of the  major                                                              
electric  utilities   this  year,  and  the  issue   of  political                                                              
contributions or campaigns is an  issue in at least two cases that                                                              
are now pending.  She elaborated:                                                                                               
                                                                                                                                
     What happens after we approve  a rate is, basically, the                                                                   
     utility is  allowed to charge according to  those costs.                                                                   
     We only  allow them what  costs are directly  related to                                                                   
     generating  electricity or delivering  phone service  or                                                                   
     whatever  it is.   If  they decide  to spend  additional                                                                   
     monies,  we don't always  necessarily always know  where                                                                   
     that's coming from.  Presumably,  if it [the utility] is                                                                   
     privately held,  it's stockholder dividends.   But we do                                                                   
     look at this issue in the context  of a rate case.  They                                                                   
     don't  have  to  get  permission   from  us  if  they're                                                                   
     charging approved  rates; they  don't have to  come back                                                                   
     for permission again about where  those costs come from.                                                                   
     What  we  approve  is  the final  rate,  after  doing  a                                                                   
     detailed review of all the components,  and we're in the                                                                   
     process of doing that. ...                                                                                                 
     The  basic answer  is that  it's  an issue  that we  are                                                                   
     concerned about.   We are looking at it.  We  look at it                                                                   
     in  the [context]  of overall  rates.   The current  law                                                                   
     does require  us to exclude  those expenses, and  we do.                                                                   
     That's  what   the  case  law   is  from  the   previous                                                                   
     commission as well as decisions from this commission.                                                                      
                                                                                                                                
Number 0754                                                                                                                     
                                                                                                                                
MS.  THOMPSON explained  that the  difference between  HB 169  and                                                              
current law is that the bill suggests  that the utility would have                                                              
to  get  pre-approval   from  its  members  about   this  type  of                                                              
expenditure.   She said  her only  concern about  that is  that it                                                              
"kind of opens the  door to review of a lot  of different specific                                                              
rate  issues  and  it  might  be  difficult  to  define  expansion                                                              
activities."   She added that this  is something that  the utility                                                              
might be able to find a way around easily enough.                                                                               
                                                                                                                                
Number 0786                                                                                                                     
                                                                                                                                
REPRESENTATIVE GREEN referred to  an e-mail from [Ms. Thompson] to                                                              
the  chairman and  commented, "That  was  just really  great.   It                                                              
seems  like  ...[the  RCA  is addressing]  at  least  one  of  the                                                              
concerns that I've had now [that]  you have indicated that you are                                                              
going to be very active in this field."   He asked whether the RCA                                                              
was going to be taking any retroactive action.                                                                                  
                                                                                                                                
MS. THOMPSON replied  that when a utility requests  a rate change,                                                              
the RCA suspends  that [increase in the rate]  during  the time it                                                              
is reviewing the  requests.  The RCA's decision  is retroactive to                                                              
the date when the change was requested.   However, beyond that the                                                              
courts  say basically  that [the  RCA]  as an  agency cannot  make                                                              
retroactive adjustments.                                                                                                        
                                                                                                                                
Number 0871                                                                                                                     
                                                                                                                                
REPRESENTATIVE  GREEN asked  whether the  "million-plus" that  has                                                              
been  expended would  just end  up somehow  in the  rate that  the                                                              
members paid.                                                                                                                   
                                                                                                                                
MS. THOMPSON said  she can check on that particular  utility if he                                                              
wants to  know the suspension  date.   She asked if  the "million-                                                              
plus" was in reference to a particular utility.                                                                                 
                                                                                                                                
Number 0899                                                                                                                     
                                                                                                                                
REPRESENTATIVE  GREEN  said  there were  two  utilities  involved:                                                              
Matanuska Electric  Association and Chugach  Electric Association.                                                              
He added:                                                                                                                       
                                                                                                                                
     The concern  I have is that  it [RCA action]  won't help                                                                   
     those of  us who have been  rate paying on what  I think                                                                   
     are  extravagant expenses  that  I had  no choice  about                                                                   
     making.  I joined a utility  ....  The two things that I                                                                   
     kept looking  for were dependable  power and  the lowest                                                                   
     possible cost.                                                                                                             
                                                                                                                                
Number 0973                                                                                                                     
                                                                                                                                
MS. THOMPSON said she appreciated  his concerns and would be happy                                                              
to provide him with the suspension  dates for those two utilities.                                                              
                                                                                                                                
Number 0992                                                                                                                     
                                                                                                                                
REPRESENTATIVE  ROKEBERG  asked if  he understood  correctly  from                                                              
prior  testimony that  cooperatives  could  expend certain  moneys                                                              
[other than rates], and that would not be prohibited.                                                                           
                                                                                                                                
MS. THOMPSON  answered that if  membership equity is  analogous to                                                              
stockholder's equity,  the answer is "maybe."  She  said she could                                                              
not give a definite  answer because it has to do  with the way the                                                              
co-op is legally structured.                                                                                                    
                                                                                                                                
[REPRESENTATIVE   ROKEBERG   and  REPRESENTATIVE   GREEN   briefly                                                              
discussed  the  concepts  of  "margin"  and  "retained  earnings."                                                              
General discussion related to those topics followed.]                                                                           
                                                                                                                                
Number 1129                                                                                                                     
                                                                                                                                
REPRESENTATIVE ROKEBERG said he still  had a concern about whether                                                              
expansion and public relations expenses  can be paid out of margin                                                              
moneys that  are not part of the  tariff or rate filings  that the                                                              
RCA would review.                                                                                                               
                                                                                                                                
MS. THOMPSON said it was a question  of interpreting the law under                                                              
which  the  cooperative is  organized.    That  is where  to  look                                                              
regarding  their  ability  to  do  that.    She  said  she  thinks                                                              
cooperatives   are   organized  under   a   federal   law.     The                                                              
cooperatives'  margin money is  analogous to shareholders'  equity                                                              
in the private  sector, and the RCA  does not tell the  co-ops how                                                              
to  spend their  shareholders' equity.   They  are responsible  to                                                              
their shareholders [regarding that].                                                                                            
                                                                                                                                
Number 1194                                                                                                                     
                                                                                                                                
REPRESENTATIVE GREEN noted that AS  42.05.381 states that a public                                                              
utility rate may  not include an allowance for  costs of political                                                              
contributions  or public relations  except for reasonable  amounts                                                              
spent  for   energy  conservation   efforts,  public   information                                                              
designed  to   promote  more  efficient   use  of   the  utilities                                                              
facilities, informing  shareholders and  members of  a cooperative                                                              
meeting, and emergency situations.   He said he did not see any of                                                              
those four exceptions  justifying the expenditures  that were made                                                              
"on this war of newspapers and media blitz."                                                                                    
                                                                                                                                
Number 1248                                                                                                                     
                                                                                                                                
REPRESENTATIVE   ROKEBERG   theorized    that   better   utilizing                                                              
facilities might  include expansion  into a different  market area                                                              
if the utility had excess capacity.                                                                                             
                                                                                                                                
REPRESENTATIVE GREEN  said that was not the case  in the situation                                                              
with which he had concern.                                                                                                      
                                                                                                                                
Number 1270                                                                                                                     
                                                                                                                                
CHAIRMAN HUDSON addressed Ms. Thompson, saying:                                                                                 
                                                                                                                                
     It looks like  you and the majority leader  agree on the                                                                   
     role  that you  have.   If I  understand correctly  from                                                                   
     your  testimony,  you  believe  that  you  already  have                                                                   
     sufficient language in the law  and guidance in order to                                                                   
     assume   that  responsibility,   but  that  nothing   in                                                                   
     Representative  Green's  bill  would preclude  you  from                                                                   
     essentially  doing what  you already  have the power  to                                                                   
     do; is that  correct?  You could live with  the bill; is                                                                   
     that correct?                                                                                                              
                                                                                                                                
Number 1304                                                                                                                     
                                                                                                                                
MS. THOMPSON  said she  is in agreement  with the philosophy,  the                                                              
purpose of the bill,  but thinks if the bill is  passed, "it might                                                              
create some confusion  if some expenses had to  be pre-approved by                                                              
members and  others were looked at  in another context by  us [the                                                              
RCA].  She said by the time the legislature  reconvenes next year,                                                              
the RCA will have been through these  rate cases, and she can then                                                              
provide some  specific examples  that might  be helpful  to better                                                              
understand the context in which it  comes up and the consequences.                                                              
                                                                                                                                
Number 1385                                                                                                                     
                                                                                                                                
REPRESENTATIVE ROKEBERG  asked Ms.  Thompson if she  had indicated                                                              
that she had concern about the definition of expansion.                                                                         
                                                                                                                                
MS. THOMPSON  said she finds it  confusing.  Unclear  language can                                                              
lead  to varying  interpretations,  argument  and litigation  over                                                              
whether one is in compliance with the law.                                                                                      
                                                                                                                                
Number 1409                                                                                                                     
                                                                                                                                
REPRESENTATIVE  ROKEBERG  suggested  it might  be  appropriate  to                                                              
draft  an explicit  definition  of  what expansion  means  because                                                              
there  have  been  concerns  expressed   by  ARECA  [Alaska  Rural                                                              
Electric Cooperative Association].                                                                                              
                                                                                                                                
MS. THOMPSON said that would be helpful to the RCA.                                                                             
                                                                                                                                
Number 1471                                                                                                                     
                                                                                                                                
CHAIRMAN  HUDSON  said he  does  not want  to  hold  up this  bill                                                              
because of  the late date in the  session.  He added,  "This is an                                                              
important issue,  and I think even  having this meeting  today has                                                              
been very  constructive."  It identified  a concern, he  said, and                                                              
the committee  and the RCA  are nearing a cooperative  resolution.                                                              
He asked  Ms. Thompson to  have the RCA  review the bill  and make                                                              
specific suggestions  for improving  it.  Then,  even if  the bill                                                              
does  not pass,  the record  would be  established regarding  what                                                              
this committee and the RCA believe  are the responsible actions to                                                              
take.                                                                                                                           
                                                                                                                                
MS. THOMPSON said she would be happy to do so.                                                                                  
                                                                                                                                
Number 1533                                                                                                                     
                                                                                                                                
REPRESENTATIVE  ROKEBERG asked  Ms. Thompson  to look  also at  AS                                                              
32.05.381 to  see if  modifying that  particular statute  might be                                                              
another way  to address  some of  the concerns  brought up  in the                                                              
bill.                                                                                                                           
                                                                                                                                
Number 1564                                                                                                                     
                                                                                                                                
REPRESENTATIVE GREEN  observed that the concept [of  the bill] was                                                              
germinated  when there was  a different  commission and  perhaps a                                                              
different  [level  of]  enthusiasm.     He  offered  a  conceptual                                                              
amendment to  add a "sunset" clause  so that if  [the legislature]                                                              
finds that,  yes, the new commission  is doing what it  is already                                                              
is charged to do,  then this would go away, but  it would add some                                                              
impetus to  be sure that it is  done.  He suggested a  sunset date                                                              
of December 31, 2002.  He also indicated  it could be added in the                                                              
next committee.                                                                                                                 
                                                                                                                                
Number 1636                                                                                                                     
                                                                                                                                
CHAIRMAN HUDSON  remarked, "We appear  now to have a new  RCA that                                                              
is very professional, highly skilled,  and a bunch of hard-working                                                              
folks over there; I'm really quite  pleased with them."  He said a                                                              
sunset  clause  could  be  addressed  in  the  next  committee  of                                                              
referral  with  a  specific  amendment.   He  suggested  that  the                                                              
current  committee had  amended the  bill well  and established  a                                                              
policy concern,  and that  it was proper  to send the  legislation                                                              
forward.                                                                                                                        
                                                                                                                                
Number 1681                                                                                                                     
                                                                                                                                
REPRESENTATIVE COWDERY  made a motion to move HB  169, as amended,                                                              
out  of   committee  with   individual  recommendations   and  the                                                              
accompanying  fiscal  notes.    There  being  no  objection,  CSHB
169(URS) was  moved from  the House  Special Committee  on Utility                                                              
Restructuring.                                                                                                                  
                                                                                                                                
CHAIRMAN HUDSON noted  that this could be the last  meeting of the                                                              
House Special Committee on Utility Restructuring.                                                                               
                                                                                                                                
REPRESENTATIVE   ROKEBERG   thanked   Chairman  Hudson   for   his                                                              
leadership of  the committee for the  past two years and  taking a                                                              
lot of work off his own shoulders  [as chairman of the House Labor                                                              
and Commerce Standing  Committee].  He expressed  appreciation for                                                              
"the work this  committee has done in looking at  issues that have                                                              
far-reaching,  long-term effects  on the  future of  the state  in                                                              
terms of  delivering utility  services to the  citizens on  a more                                                              
affordable basis.                                                                                                               
                                                                                                                                
Number 1730                                                                                                                     
                                                                                                                                
CHAIRMAN  HUDSON advised  members that  his staff  was drafting  a                                                              
letter speaking  to the  culmination of  the committee's  efforts.                                                              
He invited  them as individuals to  "sign off on"  its conclusions                                                              
and recommendations.                                                                                                            
                                                                                                                                
[An informal conversation regarding  shallow gas deposits ensued.]                                                              
                                                                                                                                
Number 1833                                                                                                                     
                                                                                                                                
ADJOURNMENT                                                                                                                     
                                                                                                                                
There being no further business before the committee, the House                                                                 
Special Committee on Utility Restructuring meeting was adjourned                                                                
at 10:45 a.m.                                                                                                                   
                                                                                                                                
                                                                                                                                

Document Name Date/Time Subjects