00 HOUSE BILL NO. 235                                                                                                      
01 "An Act relating to findings necessary before a certificate of public convenience                                       
02 and necessity is issued to an electric utility under certain circumstances; and                                         
03 relating to the definition of `general public' with respect to the regulation of                                        
04 electric utilities."                                                                                                    
05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
06    * Section 1.  LEGISLATIVE INTENT.  This Act states policy concerning electric utilities                              
07 only and does not apply to other types of utility service.                                                              
08    * Sec. 2.  AS 42.05.221 is amended by adding a new subsection to read:                                               
09  (g) The commission may not issue a certificate of public convenience and                                              
10 necessity to an electric utility to offer retail electric service in an area in which another                           
11 utility is offering retail electric service under a certificate unless the commission finds                             
12 by clear and convincing evidence that the additional competitive electric service is in                                 
13 the public interest, and that the result of adding the competitive service is not likely                                
14 to adversely affect the quality of service or the rates provided to retail electric utility                             
01 service customers in the certificated area.                                                                             
02    * Sec. 3.  AS 42.05.990(3) is amended to read:                                                                       
03   (3)  "public" or "general public" means                                                                              
04   (A)  a group of 10 or more customers that purchase the service                                                      
05 or commodity furnished by a public utility;                                                                             
06   (B)  one or more customers that purchase electrical service for                                                     
07 use within an area that is certificated to [AND PRESENTLY OR FORMERLY                                                   
08 SERVED BY] an electric utility if the total annual compensation paid by                                                
09 customers located within that certificated area to entities that provide                                                
10 electrical service other than the certificated utility [THAT THE                                                       
11 ELECTRICAL UTILITY RECEIVES FOR SALES OF ELECTRICITY]                                                                   
12 exceeds $50,000; and                                                                                                    
13    (C)  a utility purchasing the product or service or paying for the                                                 
14 transmission of electric energy, natural or manufactured gas, or petroleum                                              
15 products that are re-sold to a person or group included in (A) or (B) of this                                           
16 paragraph or that are used to produce the service or commodity sold to the                                              
17 public by the utility;