00 HOUSE CS FOR CS FOR SENATE BILL NO. 213(L&C) 01 "An Act extending the Alaska Public Utilities Commission; relating to regulation 02 of public utilities and to regulatory cost charges; and providing for an effective 03 date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 42.05.141(a) is amended to read: 06  (a) The Alaska Public Utilities Commission may do all things necessary or 07 proper to carry out the purposes and exercise the powers expressly granted or 08 reasonably implied in this chapter, including 09  (1) regulate every public utility engaged or proposing to engage in a 10 utility [SUCH A] business inside the state, except to the extent exempted by 11 AS 42.05.711 [, AND THE POWERS OF THE COMMISSION SHALL BE 12 LIBERALLY CONSTRUED TO ACCOMPLISH ITS STATED PURPOSES]; 13  (2) investigate, upon complaint or upon its own motion, the rates, 14 classifications, rules, regulations, practices, services, and facilities of a public utility 01 and hold hearings on them; 02  (3) make or require just, fair, and reasonable rates, classifications, 03 regulations, practices, services, and facilities for a public utility; 04  (4) prescribe the system of accounts and regulate the service and safety 05 of operations of a public utility; 06  (5) require a public utility to file reports and other information and 07 data; 08  (6) appear personally or by counsel and represent the interests and 09 welfare of the state in all matters and proceedings involving a public utility pending 10 before an officer, department, board, commission, or court of the state or of another 11 state or the United States and to intervene in, protest, resist, or advocate the granting, 12 denial, or modification of any petition, application, complaint, or other proceeding; 13  (7) examine witnesses and offer evidence in any proceeding affecting 14 the state and initiate or participate in judicial proceedings to the extent necessary to 15 protect and promote the interests of the state. 16 * Sec. 2. AS 42.05.253(a) is amended to read: 17  (a) A regulated public utility operating in the state shall pay to the commission 18 an annual regulatory cost charge in an amount not to exceed .8 [.61] percent of gross 19 revenue derived from operations in the state, as modified under (c) of this section if 20 appropriate. An exempt utility shall pay the actual cost of services provided to it by 21 the commission. 22 * Sec. 3. AS 42.05.253(c) is amended to read: 23  (c) In determining the amount of the regulatory cost charge imposed under (a) 24 of this section, 25  (1) a utility selling utility services at wholesale shall modify its gross 26 revenue by deducting payments it receives for wholesale sales; 27  (2) a local exchange telephone utility shall modify its gross revenue by 28 deducting payments received from other carriers for settlements or access charges; 29  (3) an electric utility shall reduce its gross revenue by subtracting 30 the cost of power; in this paragraph, "cost of power" means the costs of 31 generation and purchased power reported to the commission. 01 * Sec. 4. AS 42.05.253(e) is amended to read: 02  (e) The commission shall administer the charge imposed under this section. 03 The Department of Revenue shall collect and enforce the charge imposed under this 04 section. The Department of Administration shall identify the amount of the 05 operating budget of the commission that lapses into the general fund each year. 06 The legislature may appropriate an amount equal to the lapsed amount to the 07 commission for its operating costs for the next fiscal year. If the legislature does 08 so, the commission shall reduce the total regulatory cost charge collected for that 09 fiscal year by a comparable amount. 10 * Sec. 5. AS 42.05.711(e) is amended to read: 11  (e) Notwithstanding any other provisions of this chapter, any electric or 12 telephone utility that does not gross $50,000 annually is exempt from regulation under 13 this chapter unless [25 PERCENT OF] the subscribers petition the commission for 14 regulation under AS 42.05.712(h). 15 * Sec. 6. AS 42.05.711(f) is amended to read: 16  (f) Notwithstanding any other provisions of this chapter, an electric or 17 telephone utility that does not gross $500,000 [$325,000] annually may elect to be 18 exempt from the provisions of this chapter other than AS 42.05.221 - 42.05.281 under 19 the procedure described in AS 42.05.712. 20 * Sec. 7. AS 42.05.711(g) is amended to read: 21  (g) A utility, other than a telephone or electric utility, that does not gross 22 $150,000 [$100,000] annually may elect to be exempt from the provisions of this 23 chapter other than AS 42.05.221 - 42.05.281 under the procedure described in 24 AS 42.05.712. 25 * Sec. 8. AS 42.05.711(i) is amended to read: 26  (i) A utility that [WHICH] furnishes collection and disposal service of 27 garbage, refuse, trash, or other waste material and has annual gross revenues of 28 $300,000 [$200,000] or less is exempt from the provisions of this chapter, other than 29 the certification provisions of AS 42.05.221 - 42.05.281, unless [25 PERCENT OF] 30 the subscribers [OR SUBSCRIBERS REPRESENTING 25 PERCENT OF THE 31 GROSS REVENUE OF THE UTILITY] petition the commission for regulation under 01 AS 42.05.712(h). Notwithstanding AS 42.05.712(b) and (g), if subscribers 02 representing 25 percent of the gross revenue of the utility petition the commission 03 for regulation, the utility is subject to the provisions of this chapter. 04 * Sec. 9. AS 42.05.711(k) is amended to read: 05  (k) A utility that [WHICH] furnishes cable television service is exempt from 06 the provisions of this chapter other than AS 42.05.221 - 42.05.281 [,] unless [25 07 PERCENT OF] the subscribers petition the commission for regulation under the 08 procedure described in AS 42.05.712. 09 * Sec. 10. AS 42.05.712(h) is amended to read: 10  (h) A utility or cooperative that is already exempt from regulation under this 11 section or that is exempt from regulation under AS 42.05.711(e), (i), or (k) may 12 elect to terminate its exemption in the same manner. 13 * Sec. 11. AS 42.06.285(a) is amended to read: 14  (a) A pipeline carrier operating in the state shall pay to the commission an 15 annual regulatory cost charge in an amount not to exceed .8 [.61] percent of gross 16 revenue derived from operations in the state. A regulatory cost charge may not be 17 assessed on pipeline carrier operations unless the operations are within the jurisdiction 18 of the commission. 19 * Sec. 12. AS 42.06.285(c) is amended to read: 20  (c) The commission shall administer the charge imposed under this section. 21 The Department of Revenue shall collect and enforce the charge imposed under this 22 section. The Department of Administration shall identify the amount of the 23 operating budget of the commission that lapses into the general fund each year. 24 The legislature may appropriate an amount equal to the lapsed amount to the 25 commission for its operating costs for the next fiscal year. If the legislature does 26 so, the commission shall reduce the total regulatory cost charge collected for that 27 fiscal year by a comparable amount. 28 * Sec. 13. AS 44.66.010(a)(4) is amended to read: 29  (4) Alaska Public Utilities Commission (AS 42.05.010) -- June 30, 30 1998 [1994]; 31 * Sec. 14. REPEAL OF SUNSET OF REGULATORY COST CHARGES. Sections 22, 01 26, 36, and 38, ch. 2, FSSLA 1992, are repealed. 02 * Sec. 15. APUC STAGGERED TERMS. Notwithstanding AS 42.05.030(a), after the 03 expiration in 1999 of the term of the member of the Alaska Public Utilities Commission with 04 a major or experience in engineering, the vacancy shall next be filled for a term of four years 05 in order to adjust the staggering of the terms of the members of the commission so that no 06 more than one commission member's term expires each year. 07 * Sec. 16. APPLICATION TO ONGOING PROCEEDINGS. The amendment to 08 AS 42.05.141(a), made by sec. 1 of this Act, applies to proceedings begun on or after the 09 effective date of sec. 1 of this Act. 10 * Sec. 17. Section 1 of this Act takes effect July 1, 1995. 11 * Sec. 18. Except as provided in sec. 17 of this Act, this Act takes effect July 1, 1994.