02/19/2020 09:00 AM Senate RAILBELT ELECTRIC SYSTEM
| Audio | Topic |
|---|---|
| Start | |
| SB123 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 123 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
SENATE RAILBELT ELECTRIC SYSTEM
February 19, 2020
9:05 a.m.
MEMBERS PRESENT
Senator John Coghill, Chair
Senator Elvi Gray-Jackson
Senator Cathy Giessel
MEMBERS ABSENT
Senator Peter Micciche
Senator Mike Shower
COMMITTEE CALENDAR
SENATE BILL NO. 123
"An Act relating to the regulation of electric utilities and
electric reliability organizations; and providing for an
effective date."
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: SB 123
SHORT TITLE: ELECTRIC RELIABILITY ORGANIZATIONS
SPONSOR(s): RAILBELT ELECTRIC SYSTEM
05/14/19 (S) READ THE FIRST TIME - REFERRALS
05/14/19 (S) RBE, FIN
01/24/20 (S) RBE AT 3:30 PM BUTROVICH 205
01/24/20 (S) Heard & Held
01/24/20 (S) MINUTE(RBE)
01/27/20 (S) RBE AT 3:30 PM SENATE FINANCE 532
01/27/20 (S) Heard & Held
01/27/20 (S) MINUTE(RBE)
01/29/20 (S) RBE AT 3:30 PM SENATE FINANCE 532
01/29/20 (S) Heard & Held
01/29/20 (S) MINUTE(RBE)
01/31/20 (S) RBE AT 3:30 PM BUTROVICH 205
01/31/20 (S) Heard & Held
01/31/20 (S) MINUTE(RBE)
02/03/20 (S) RBE AT 3:30 PM BUTROVICH 205
02/03/20 (S) Heard & Held
02/03/20 (S) MINUTE(RBE)
02/06/20 (S) RBE AT 1:30 PM BUTROVICH 205
02/06/20 (S) -- MEETING CANCELED --
02/12/20 (S) RBE AT 9:00 AM FAHRENKAMP 203
02/12/20 (S) Heard & Held
02/12/20 (S) MINUTE(RBE)
02/14/20 (S) RBE AT 9:00 AM BELTZ 105 (TSBldg)
02/14/20 (S) Heard & Held
02/14/20 (S) MINUTE(RBE)
02/17/20 (S) RBE AT 9:00 AM BUTROVICH 205
02/17/20 (S) Heard & Held
02/17/20 (S) MINUTE(RBE)
02/19/20 (S) RBE AT 9:00 AM BUTROVICH 205
WITNESS REGISTER
RENA MILLER, Staff
Senator Cathy Giessel
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Reviewed the changes from Version E to
Version G of SB 123.
DEAN THOMPSON, Legal Counsel
Municipal Light and Power
Anchorage, Alaska
POSITION STATEMENT: Suggested an amendment to SB 123, Version G.
ANTONY SCOTT, Commissioner
Regulatory Commission of Alaska
Anchorage, Alaska
POSITION STATEMENT: Answered questions and provided information
related to SB 123, Version G.
NOAH KLEIN, Legal Counsel
Legislative Legal Services
Legislative Affairs Agency
Juneau, Alaska
POSITION STATEMENT: As drafter, answered questions related to SB
123, Version G.
ACTION NARRATIVE
9:05:14 AM
CHAIR JOHN COGHILL called the Senate Special Committee on
Railbelt Electric System meeting to order at 9:05 a.m. Present
at the call to order were Senators Giessel, Gray-Jackson, and
Chair Coghill.
SB 123-ELECTRIC RELIABILITY ORGANIZATIONS
9:05:41 AM
CHAIR COGHILL announced the consideration of SENATE BILL NO.
123, "An Act relating to the regulation of electric utilities
and electric reliability organizations; and providing for an
effective date."
He advised that he had intended to adopt and move the proposed
committee substitute (CS) after Ms. Miller reviewed the changes
that were proposed during the previous meeting, but questions
about transmission have come up that need to be answered before
the bill can move.
CHAIR COGHILL asked Ms. Miller to discuss the changes from
Version E to Version G of SB 123.
9:07:16 AM
RENA MILLER, Staff, Senator Giessel, Alaska State Legislature,
Juneau, Alaska, advised that she is on loan to this committee
for the purposes of SB 123.
CHAIR COGHILL solicited a motion to adopt the work draft
committee substitute (CS) for SB 123, Version G.
9:07:48 AM
SENATOR GIESSEL moved to adopt the committee substitute (CS) for
SB 123, work order 31-LS0959\G, as the working document.
CHAIR COGHILL objected for an explanation of changes.
9:08:19 AM
RENA MILLER, reviewed the following changes between Version E
and Version G of SB 123:
Page 1, line 4: Amends title to remove reference to
project preapproval for 'public utilities
interconnected with interconnected bulk electric
systems' and replaces with project preapproval for
'certain interconnected large energy facilities'.
This better reflects the heading of that section of the bill.
Page 2, line 1: Changes 'electric utilities' to 'load-
serving entities'.
Page 2, line 8: Conforming change related to
restructuring [that occurred in the previous version
of the bill].
Page 2, line 12: Switches sections (d) and (e).
Prefaces new (d) with 'Notwithstanding the
requirements in (e)'.
Page 3, line 7: Changes 'an integrated resource plan'
to 'integrated resource plans'.
Page 3, line 19: Removes 'developing reliability
standards and' so that the provisions cited must be
part of all ERO duties.
Page 5, line 19: Expanded section heading from 'Rules'
to 'Electric reliability organization rules;
approval.' Legislative Legal made this change for
conformity to the section.
Page 6, line 3: Changed 'provisions' to 'standards' to
conform with style [in that subsection].
Page 6, lines 24, 25: Removed 'of an interconnected
electric energy transmission network' to avoid
redundancy. At Legislative Legal's advice, maintained
first reference within subsection (b).
Page 7, lines 9, 13: Added 'all' before 'customers' to
reflect the intent that integrated resource planning
address the needs of all customers on a network
[within the Railbelt].
Page 7, line 19: Removed requirement for RCA to hold a
hearing to approve an integrated resource plan
petition.
The requirement to hold a hearing to modify an IRP remains.
Page 7, line 20: Removed reference to rejecting a
petition.
Page 7, lines 23-25: Added ability for RCA to reject a
petition, but only for form and filing.
Page 8, line 7: Changed 'the' public utility to 'a'
public utility
Page 8, line 27-28: Moved 'in a cost-effective manner'
within the provision so it modifies the needs of an
entity and not the facility served by the facility.
Page 9, line 5: Corrected error in previous version;
hydro projects licensed by FERC before Sept. 30, 2016,
are exempt from the requirement for pre-approval
9:12:36 AM
CHAIR COGHILL removed his objection and Version G was adopted.
9:13:01 AM
At ease
9:14:36 AM
CHAIR COGHILL reconvened the meeting and asked Mr. Thompson to
provide his testimony.
9:15:08 AM
DEAN THOMPSON, Legal Counsel, Municipal Light and Power (ML&P),
Anchorage, Alaska, stated that he has litigated issues in the
Alaska Railbelt since 1990 and was testifying today to preserve
the status quo ante of the longstanding exemption under AS
42.05.431(c) that exempts from commission review or approval
issues dealing with the Bradley Lake hydroelectric project. He
said he didn't believe anything in SB 123 could credibly
challenge that exemption but because of the time and money ML&P
has spent litigating over the scope of the Bradley Lake
agreement and the Bradley Lake exemption, he was proposing a one
sentence addition at the end of Section 1 of SB 123:
Sec. 42.05.795. Interpretation. Nothing in AS
42.05.760 AS 42.05.790 shall be construed to
conflict with a wholesale agreement, or related
contracts, that are exempt from commission review or
approval under AS 42.05.431(c), or with any amendments
to such wholesale agreement or related contracts.
MR. THOMPSON concluded his comments reiterating that ML&P
supports SB 123 but does not want it to upset the existing
exemption for Bradley Lake that has been in place since the mid-
1980s. Responding to a question, he confirmed that he sent the
suggested language to Ms. Miller.
CHAIR COGHILL asked if the Bradley Lake exemption is currently
under litigation.
MR. THOMPSON answered yes; one case regarding the interpretation
of the Bradley Lake agreement is before the Alaska Superior
Court. He reiterated that ML&P does not want to block SB 123 but
requests an amendment or a clear statement on the record that
the legislature does not intend to change the status quo ante
regarding litigation.
9:21:22 AM
CHAIR COGHILL asked if he agrees that [adopting the proposed
amendment] would codify one side of the litigation.
MR. THOMPSON answered no but it would clarify that nothing in SB
123 intends to change the status quo ante.
CHAIR COGHILL offered his understanding that the exemption is
based on the timing of a bond payment.
MR. THOMPSON replied that is part of it.
9:22:28 AM
At ease
9:22:50 AM
CHAIR COGHILL reconvened the meeting and asked Mr. Scott to
offer the RCA's perspective.
9:23:45 AM
ANTONY SCOTT, Commissioner Regulatory Commission of Alaska
(RCA), Anchorage, Alaska, stated that he was not speaking for
the commission as a whole, but his perspective was that SB 123
does not affect any Bradley Lake exemptions from RCA review or
approval of any of their contracts or amendments to any of their
contracts.
CHAIR COGHILL asked if there is any directive in the bill
MR. SCOTT answered no; it's that the Bradley Lake exemptions,
which were put in place in the 1980s, are not addressed by SB
123. He mentioned the question of project preapproval if Bradley
Lake were to do a new project that required the issuance of new
debt before the existing exemptions expire, and offered his
opinion that it would in no way be a review or approval of any
contract. He reiterated his view saying that he struggles to see
how SB 123 could be construed as affecting RCA authority over
any contract or contract amendment associated with the Bradley
Lake agreements.
9:27:35 AM
CHAIR COGHILL asked if this is something the RCA has ruled on
and is in litigation.
MR. SCOTT answered no; the issues in litigation have nothing to
do with the bill.
9:28:22 AM
CHAIR COGHILL asked the bill drafter if he'd seen the language
ML&P proposed and come to a conclusion.
9:28:42 AM
NOAH KLEIN, Legal Counsel, Legislative Legal Services,
Legislative Affairs Agency, Juneau, Alaska, replied he had not
seen the language and therefore had not come to a definitive
conclusion, but he did not think that anything in the bill would
affect the exemption under AS 42.05.431(c).
CHAIR COGHILL said the remining questions he had center on the
Bradley Lake exemption, the timing, the authority, and whether
SB 123 does and/or should impact the exemption.
9:30:38 AM
MS. MILLER said she believes that Homer Electric wants to
comment but they may not be available today due to travel
between Anchorage and Kenai.
CHAIR COGHILL said he would reach out to get their perspective.
9:31:31 AM
SENATOR GRAY-JACKSON asked Mr. Scott if he would object if the
language Mr. Thompson proposed were included in the bill.
9:32:04 AM
MR. SCOTT replied he would like to confer with ML&P before
answering; first, he hadn't seen the language and second, he
wasn't sure what primary concern the language was meant to
address.
SENATOR GRAY-JACKSON offered her understanding that ML&P wants
assurance in black and white.
CHAIR COGHILL said he'd make sure that all concerned have a copy
of the proposed language.
9:33:56 AM
CHAIR COGHILL held SB 123 in committee for future consideration.
9:34:23 AM
There being no further business to come before the committee,
Chair Coghill adjourned the Senate Special Committee on Railbelt
Electric System meeting at 9:34.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 123 - Version G Work Draft.pdf |
SRBE 2/19/2020 9:00:00 AM |
SB 123 |
| SB 123 - Version G Summary of Changes E to G 2.18.2020.pdf |
SRBE 2/19/2020 9:00:00 AM |
SB 123 |