00 CS FOR SENATE BILL NO. 133(RLS) 01 "An Act creating and relating to the Regulatory Commission of Alaska and 02 transferring to it certain powers and duties of the Alaska Public Utilities 03 Commission; repealing the Alaska Public Utilities Commission; relating to the 04 powers of the chair of the Regulatory Commission of Alaska; relating to 05 regulatory cost charges for public utilities; relating to the appellate procedures 06 of the Regulatory Commission of Alaska; and providing for an effective date." 07 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 08 * Section 1. AS 42 is amended by adding a new chapter to read: 09 Chapter 04. Regulatory Commission of Alaska. 10 Article 1. Commission and Staff. 11 Sec. 42.04.010. Regulatory Commission of Alaska created. (a) There is 12 created as an independent agency of the state the Regulatory Commission of Alaska. 13 (b) The commission may nominate one of its members to serve as chair. The 14 governor shall designate the chair of the commission, either by selecting the member 01 nominated by the commission or another member. The term as chair is four years. 02 The chair may not be appointed to successive terms as chair. 03 Sec. 42.04.020. Commissioners. (a) The commission consists of five 04 commissioners appointed by the governor and confirmed by the legislature in joint 05 session. 06 (b) The term of office of each member is six years. A commissioner, upon 07 the expiration of a term, shall continue to hold office until a successor is appointed and 08 qualified. 09 (c) A vacancy arising in the office of a commissioner shall be filled by 10 appointment by the governor and confirmed by the legislature in joint session, and, 11 except as provided in AS 39.05.080(4), an appointee selected to fill a vacancy shall 12 hold office for the balance of the full term for which the predecessor on the 13 commission was appointed. 14 (d) A vacancy in the commission does not impair the authority of a quorum 15 of commissioners to exercise all the powers and perform all the duties of the 16 commission. 17 (e) The governor may remove a commissioner from office for cause, including 18 incompetence, neglect of duty, or misconduct in office or because the member, while 19 serving on the commission, is convicted of a misdemeanor for violating a statute or 20 regulation related to public utilities or is convicted of a felony. A commissioner, to 21 be removed for cause, shall be given a copy of the charges and afforded an opportunity 22 to be publicly heard in person or by counsel in the commissioner's own defense upon 23 not less than 10 days' notice. If a commissioner is removed for cause, the governor 24 shall file with the lieutenant governor a complete statement of all charges made against 25 the commissioner and the governor's finding based on the charges, together with a 26 complete record of the proceedings. 27 (f) Members of the commission are in the exempt service and are entitled to 28 a monthly salary equal to Step C, Range 26, of the salary schedule in AS 39.27.011(a) 29 for Juneau, Alaska. The chair of the commission is entitled to a monthly salary equal 30 to Step C, Range 27, of the salary schedule in AS 39.27.011(a) for Juneau, Alaska. 31 (g) Each commissioner, before entering upon the duties of office, shall take 01 and subscribe to the oath prescribed for principal officers of the state. 02 Sec. 42.04.030. Principal office; seal. (a) The commission shall establish a 03 principal office and branch offices necessary to discharge its business efficiently. For 04 the convenience of the public or of parties to a proceeding, the commission may hold 05 meetings, hearings, or other proceedings at other locations. 06 (b) The commission shall have an official seal. 07 Sec. 42.04.040. Legal counsel. (a) The Department of Law shall provide full- 08 time legal counsel to the commission. 09 (b) The commission may contract for the services of specialized legal counsel 10 or legal consultants. 11 Sec. 42.04.050. Employment of commission personnel. (a) The chair of the 12 commission is responsible for directing the administrative functions of the commission 13 and carrying out the policies as set by the commission. The commission chair may 14 employ engineers, hearing officers, experts, clerks, accountants, and other agents and 15 assistants considered necessary. Employees of the commission who are not in the 16 exempt service under AS 39.25.110, other than legal counsel, are in the classified 17 service under AS 39.25.100. 18 (b) The chair of the commission may enter into a contract for no more than 19 $5,000 to engage the services of a consultant or expert the chair considers necessary. 20 The commission may contract for and engage the services of consultants and experts 21 the commission considers necessary. 22 Sec. 42.04.060. Restrictions on members and employees. (a) A member of 23 the commission or an employee of the commission may not have an official connection 24 with, hold stock or securities in, or have a pecuniary interest in a public utility within 25 the state. Membership in a cooperative association is not a "pecuniary interest" within 26 the meaning of this section; however, a member or employee of the commission may 27 not be an officer, board member, or employee of a cooperative association. A member 28 or employee may not act upon a matter in which a relationship of the member or 29 employee with any person creates a conflict of interest. 30 (b) A member or employee of the commission may not, after leaving the 31 position as a member or employee of the commission, act as agent for or on behalf of 01 a public utility in any matter before the commission that was before the commission 02 during the employee's employment or the member's term of office. A violation of this 03 subsection is a class A misdemeanor. 04 (c) Members and employees of the commission, except clerical and secretarial 05 staff, are subject to AS 39.50. Members and employees of the commission are subject 06 to AS 39.52. 07 (d) A member of the commission is disqualified from voting upon any matter 08 before the commission in which the member has a conflict of interest. 09 Sec. 42.04.070. Powers and duties of commission chair. (a) The chair of 10 the commission shall 11 (1) employ the commission staff; 12 (2) establish and implement a time management system for the 13 commission; 14 (3) assign the work of the commission to members and staff of the 15 commission so that matters before the commission are resolved as expeditiously and 16 competently as possible; when assigning a matter, the chair shall also set a date by 17 which time the matter should be completed. 18 (b) The chair of the commission may appoint a hearing officer to hear a matter 19 that has come before the commission; a member of the commission may serve as 20 hearing officer. 21 (c) The chair of the commission shall direct the public advocacy section to 22 participate as a party in a matter when the chair believes that 23 (1) the matter has major public policy implications; or 24 (2) the financial interest of the public is at stake and the parties to the 25 matter will not adequately represent the public interest. 26 Sec. 42.04.080. Decision-making procedures. (a) Except as provided in 27 AS 42.05.171, when a matter comes for decision before the commission under 28 AS 42.05, the chair shall appoint a hearing panel composed of three or more members 29 to hear and decide the case. The panel shall exercise the powers of the commission 30 with respect to the matter. 31 (b) A decision of a hearing panel under AS 42.05 may be appealed to the 01 commission if there is an allegation in the appeal that action or a decision taken by the 02 commission is contrary to commission precedent and is not based on an intervening 03 change in law. The commission may grant or deny the application to appeal. If a 04 decision of a hearing panel is not subject to appeal to the commission or if the 05 commission denies an application to appeal, the decision of the hearing panel is a final 06 decision for purposes of appeal to the courts. 07 (c) The commission shall adopt regulations by December 31, 1999, that 08 establish standards of timeliness for the types of cases that come before the 09 commission. The commission shall establish standards based in part on degrees of 10 complexity of the cases. 11 Article 2. Communications Carriers Section. 12 Sec. 42.04.100. Communications carriers section. There is established 13 within the commission a communications carriers section that shall develop, 14 recommend, and administer policies and programs with respect to the regulation of 15 rates, services, accounting, and facilities of communications common carriers within 16 the state involving the use of wire, cable, radio, and space satellites. 17 Article 3. Public Advocacy Section. 18 Sec. 42.04.150. Public advocacy section. There is established within the 19 commission a public advocacy section. The section shall participate as a party in 20 matters that come before the commission to represent the public interest when it is in 21 the public interest to do so. The public advocacy section shall operate separately from 22 the rest of the commission. 23 * Sec. 2. AS 29.35.137(6) is amended to read: 24 (6) "local exchange telephone company" means a telephone utility 25 certificated under AS 42.05 [BY THE ALASKA PUBLIC UTILITIES 26 COMMISSION] to provide local exchange service; 27 * Sec. 3. AS 37.05.146(b) is amended to read: 28 (b) The program receipts listed in this subsection are accounted for separately, 29 and appropriations from these program receipts are not made from the unrestricted 30 general fund: 31 (1) federal receipts; 01 (2) University of Alaska receipts (AS 14.40.491); 02 (3) designated program receipts; in this paragraph , "designated program 03 receipts" means money received by the state from a source other than the state or 04 federal government that is restricted to a specific use by the terms of a gift, grant, 05 bequest, or contract; 06 (4) receipts of the following: 07 (A) highway working capital fund (AS 44.68.210); 08 (B) correctional industries fund (AS 33.32.020); 09 (C) loan funds; 10 (D) international airport revenue fund (AS 37.15.430); 11 (E) corporate receipts earned or managed by a public 12 corporation of the state; 13 (F) fish and game fund (AS 16.05.100); 14 (G) school fund (AS 43.50.140); 15 (H) training and building fund (AS 23.20.130); 16 (I) retirement funds (AS 14.25, AS 22.25, AS 26.05.222, 17 AS 39.35, and former AS 39.37); 18 (J) permanent fund (art. IX, sec. 15, Alaska Constitution); 19 (K) public school trust fund (AS 37.14.110); 20 (L) second injury fund (AS 23.30.040); 21 (M) fishermen's fund (AS 23.35.060); 22 (N) FICA administration fund (AS 39.30.050); 23 (O) receipts of the employee benefits program established under 24 AS 39.30.150 - 39.30.180; 25 (P) receipts of the deferred compensation program established 26 under AS 39.45; 27 (Q) clean air protection fund (AS 46.14.260); 28 (R) receipts of the group insurance programs established under 29 AS 39.30.090; 30 (S) mental health trust fund (AS 37.14.031); 31 (T) Alaska children's trust (AS 37.14.200); 01 (U) commercial fisheries test fishing operations 02 (AS 16.05.050(15)); 03 (V) Regulatory Commission of Alaska [PUBLIC UTILITIES 04 COMMISSION] under AS 42.05 and AS 42.06; 05 (5) receipts of or from the trust established by AS 37.14.400 - 06 37.14.450, except reimbursements described in AS 37.14.410. 07 * Sec. 4. AS 39.50.200(b)(24) is amended to read: 08 (24) Regulatory Commission of Alaska (AS 42.04.010) [PUBLIC 09 UTILITIES COMMISSION (AS 42.05.010)]; 10 * Sec. 5. AS 42.05.151(b) is amended to read: 11 (b) The commission shall adopt regulations governing practice and procedure, 12 consistent with due process of law, including the conduct of formal and informal 13 investigations, pre-hearing conferences, hearings, and proceedings, and the handling 14 of procedural motions by a single commissioner. The regulations must provide for 15 the hearing of a matter by a hearing panel and appeal of the matter in 16 accordance with AS 42.04.080. Technical rules of evidence need not apply to 17 investigations, pre-hearing conferences, hearings, and proceedings before the 18 commission. The commission shall provide for representation by out-of-state attorneys 19 substantially in accordance with Rule 81, Alaska Rules of Civil Procedure. 20 * Sec. 6. AS 42.05.171 is amended to read: 21 Sec. 42.05.171. Formal hearings. A formal hearing that the commission has 22 power to hold may be held by or before a hearing panel appointed under 23 AS 42.04.080 [THREE OR MORE COMMISSIONERS], a hearing officer, or an 24 administrative law judge designated for the purpose by the chair of the commission. 25 In appropriate cases, a formal hearing may be held before an arbitrator 26 designated for the purpose by the commission. The testimony and evidence in a 27 formal hearing may be taken by the panel [COMMISSIONERS], by the hearing 28 officer, by the arbitrator, or by the administrative law judge to whom the hearing has 29 been assigned. A commissioner who has not heard or read the testimony, including 30 the argument, may not participate in making a decision of the commission. In 31 determining the place of a hearing , the commission shall give preference to holding 01 the hearing at a place most convenient for those interested in the subject of the 02 hearing. 03 * Sec. 7. AS 42.05.254(a) is amended to read: 04 (a) A regulated public utility operating in the state shall pay to the commission 05 an annual regulatory cost charge in an amount not to exceed the maximum 06 percentage of adjusted gross revenue that applies to the utility sector of which the 07 utility is a part. The regulatory cost charges that the commission expects to 08 collect from all regulated utilities may not exceed .8 percent of the total adjusted 09 gross revenue of all regulated public utilities [DERIVED FROM OPERATIONS IN 10 THE STATE, AS MODIFIED UNDER (c) OF THIS SECTION IF APPROPRIATE]. 11 An exempt utility shall pay the actual cost of services provided to it by the 12 commission. 13 * Sec. 8. AS 42.05.254(b) is amended to read: 14 (b) The commission shall by regulation establish a method to determine 15 annually the amount of the regulatory cost charge for a public utility. If the amount 16 the commission expects to collect under (a) of this section and under AS 42.06.286(a) 17 exceeds the authorized budget of the commission, the commission shall, by order, 18 reduce the percentages determined under (i) [SET OUT IN (a)] of this section so that 19 the total amount of the fees collected approximately equals the authorized budget of 20 the commission for the fiscal year. 21 * Sec. 9. AS 42.05.254(h) is amended by adding a new paragraph to read: 22 (5) "adjusted gross revenue" means the gross revenue of a utility as 23 modified under (c) of this section, if appropriate. 24 * Sec. 10. AS 42.05.254 is amended by adding a new subsection to read: 25 (i) The commission shall by regulation establish a method to determine 26 annually the maximum percentage of adjusted gross revenue that will apply to each 27 regulated public utility sector and the maximum percentage of gross revenue that will 28 apply to the regulated pipeline carrier sector. The method established shall allocate 29 the commission's costs, other than the cost of services provided to exempt utilities, 30 among the regulated public utility sectors and the regulated pipeline carrier sector 31 based on the relative amount of the commission's annual costs that is attributable to 01 regulating each sector. 02 * Sec. 11. AS 42.05.990(2) is amended to read: 03 (2) "commission" means the Regulatory Commission of Alaska 04 [PUBLIC UTILITIES COMMISSION]; 05 * Sec. 12. AS 42.05.995 is amended to read: 06 Sec. 42.05.995. Short title. This chapter may be cited as the Alaska Public 07 Utilities Regulatory [COMMISSION] Act. 08 * Sec. 13. AS 42.06.286(b) is amended to read: 09 (b) The commission shall by regulation establish a method to determine 10 annually the amount of the regulatory cost charge. If the amount the commission 11 expects to collect under (a) of this section and under AS 42.05.254(a) exceeds the 12 authorized budget of the commission, the commission shall, by order, reduce the 13 percentage determined under (f) [SET OUT IN (a)] of this section so that the total 14 amount of the fees collected approximately equals the authorized budget of the 15 commission for the fiscal year. 16 * Sec. 14. AS 42.06.286 is amended by adding a new subsection to read: 17 (f) The commission shall by regulation establish a method to determine 18 annually the maximum percentage of gross revenue that will apply to each regulated 19 public utility sector and the maximum percentage of gross revenue that will apply to 20 the regulated pipeline carrier sector in accordance with AS 42.05.254(i). 21 * Sec. 15. AS 42.06 is amended by adding a new section to read: 22 Sec. 42.06.055. Commission decision-making procedures. The commission 23 shall comply with AS 42.04.080 for matters that come before the commission for 24 decision. 25 * Sec. 16. AS 42.06.305 is amended by adding a new subsection to read: 26 (b) The commission's decision under this section shall be based on the best 27 interest of the state. 28 * Sec. 17. AS 42.06.445(e) is amended to read: 29 (e) A commissioner [, AND THE EXECUTIVE DIRECTOR,] may certify as 30 to all official records of the commission under this section and may certify as to all 31 official acts of the commission under this chapter. 01 * Sec. 18. AS 42.06.630(2) is amended to read: 02 (2) "commission" means the Regulatory Commission of Alaska 03 [PUBLIC UTILITIES COMMISSION] (AS 42.04.010) ; 04 * Sec. 19. AS 42.45.020(b) is amended to read: 05 (b) Subject to AS 42.45.060, the department may make loans from the rural 06 electrification revolving loan fund to electric utilities certified under AS 42.05 [BY 07 THE ALASKA PUBLIC UTILITIES COMMISSION]. A loan from the fund may be 08 made only for the purpose of extending new electric service into an area of the state 09 that an electric utility may serve under a certificate of public convenience and 10 necessity issued under AS 42.05 [BY THE ALASKA PUBLIC UTILITIES 11 COMMISSION]. A loan may be made from the fund to an electric utility if the utility 12 invests the money necessary to provide one pole, one span of line, one transformer, 13 and one service drop for each consumer for whom immediate service would be 14 provided by the extension of electric service. However, a loan may not be made from 15 the fund unless 16 (1) the loan is recommended by a loan advisory committee appointed 17 under AS 42.45.030; and 18 (2) the extension of electric service would provide immediate service 19 to at least three consumers. 20 * Sec. 20. AS 44.66.010(a)(4) is amended to read: 21 (4) Regulatory Commission of Alaska (AS 42.04.010) [PUBLIC 22 UTILITIES COMMISSION (AS 42.05.010)] -- June 30, 2004 [1999]; 23 * Sec. 21. AS 44.83.425(3) is amended to read: 24 (3) "qualified utility" means an electric utility or an electric operating 25 entity established as an instrumentality of two or more electric utilities certified under 26 AS 42.05 [BY THE ALASKA PUBLIC UTILITIES COMMISSION] to serve all or 27 part of a market area that is served or will be served by the power project, that the 28 authority determines is capable of operating and maintaining the power project. 29 * Sec. 22. AS 46.04.020(i) is amended to read: 30 (i) The superior court and, with respect to intrastate voyages, the Regulatory 31 Commission of Alaska [PUBLIC UTILITIES COMMISSION,] under AS 42.05.361 - 01 42.05.431, have concurrent jurisdiction to review and enjoin a charge, contract term, 02 or financial responsibility requirement described under (h) of this section at the request 03 of a vessel owner, operator, or charterer. Except as provided in this subsection, 04 nothing in this section affects the jurisdiction of the Regulatory Commission of 05 Alaska [PUBLIC UTILITIES COMMISSION]. 06 * Sec. 23. REPEAL OF STATUTES. AS 39.25.120(c)(6); AS 42.05.010, 42.05.020, 07 42.05.030, 42.05.035, 42.05.040, 42.05.050, 42.05.071, 42.05.081, 42.05.091, 42.05.101, 08 42.05.111, 42.05.121, 42.05.123, and 42.05.131 are repealed. 09 * Sec. 24. REPORT CONCERNING RESTRUCTURING OF THE ALASKA OIL AND 10 GAS CONSERVATION COMMISSION AND THE REGULATORY COMMISSION OF 11 ALASKA. The Legislative Budget and Audit Committee shall prepare a report considering 12 the functions of the Regulatory Commission of Alaska and the Alaska Oil and Gas 13 Conservation Commission. The report must address whether it is in the best interest of the 14 state to merge the Regulatory Commission of Alaska and the Alaska Oil and Gas Conservation 15 Commission into a single commission and whether it is in the state's best interest to 16 restructure the functions of the two commissions. The governor shall appoint one member 17 from the Regulatory Commission of Alaska and one member from the Alaska Oil and Gas 18 Conservation Commission to work with the Legislative Budget and Audit Committee on the 19 report. The report shall be delivered to the governor and the legislature by the first day of the 20 second session of the Twenty-First Alaska State Legislature. 21 * Sec. 25. MANAGEMENT INFORMATION SYSTEM. The Regulatory Commission of 22 Alaska shall develop its management information system and make the system accessible to 23 the general public through the Internet for the purpose of tracking, scheduling, and managing 24 all dockets within the commission. 25 * Sec. 26. LOCATION OF THE ALASKA OIL AND GAS CONSERVATION 26 COMMISSION. (a) The principal office of the Alaska Oil and Gas Conservation 27 Commission shall move to the same location as the principal office of the Regulatory 28 Commission of Alaska as soon as feasible, but in any case, no later than July 1, 2000. 29 (b) As soon as the Alaska Oil and Gas Conservation Commission moves to the same 30 location as the Regulatory Commission of Alaska, the two commissions shall share record 31 keeping facilities and clerical staff. 01 * Sec. 27. REGULATORY COMMISSION OF ALASKA EMPLOYMENT OF HEARING 02 OFFICER. To the extent that sufficient funds are appropriated for the purpose, during the 03 state fiscal year ending June 30, 2000, the Regulatory Commission of Alaska shall employ, 04 in addition to the hearing officers that the former Alaska Public Utilities Commission was 05 authorized to employ on June 30, 1999, an additional hearing officer. 06 * Sec. 28. INITIAL TERMS OF MEMBERS OF THE REGULATORY COMMISSION 07 OF ALASKA. Notwithstanding AS 39.05.055, the terms of the initially appointed members 08 of the Regulatory Commission of Alaska shall be set by the governor as follows: 09 (1) one member shall serve a five-year term; 10 (2) one member shall serve a four-year term; 11 (3) one member shall serve a three-year term; 12 (4) one member shall serve a two-year term; and 13 (5) one member shall serve a one-year term. 14 * Sec. 29. TRANSITIONAL PROVISIONS. (a) Litigation, hearings, investigations, and 15 other proceedings pending under a law repealed or amended by this Act, or in connection with 16 functions transferred from the Alaska Public Utilities Commission to the Regulatory 17 Commission of Alaska by this Act, continue in effect and may be completed notwithstanding 18 a transfer or repeal provided for in this Act. 19 (b) Regulations in effect on June 30, 1999, that were adopted to implement a function 20 that is transferred by this Act remain in effect and shall be enforced by the Regulatory 21 Commission of Alaska, as appropriate, until amended by the appropriate commission. 22 (c) Wherever in Alaska Statutes affected by this Act there is a reference to regulations 23 adopted under a section of law and there are no regulations adopted under that section because 24 previous regulations adopted under another section are being enforced under (b) of this 25 section, the reference shall be construed to refer to the previously adopted regulations until 26 they are amended by the new agency. 27 (d) Contracts, rights, liabilities, and obligations created by or under a law repealed or 28 amended by this Act, and in effect on June 30, 1999, remain in effect notwithstanding this 29 Act's taking effect. 30 (e) Records, equipment, appropriations, and other property of the Alaska Public 31 Utilities Commission shall be transferred to the Regulatory Commission of Alaska to 01 implement the provisions of this Act. 02 * Sec. 30. FIVE-YEAR SUNSET. The amendment to AS 44.66.010(a)(4), made by 03 sec. 20 of this Act, is made notwithstanding AS 44.66.010(c). 04 * Sec. 31. REVISOR INSTRUCTIONS. (a) In the following statutes, the revisor of 05 statutes is instructed to change "Alaska Public Utilities Commission" to "Regulatory 06 Commission of Alaska": 07 (1) AS 29.35.131(c); 08 (2) AS 29.35.137(5); 09 (3) AS 38.35.120(a) in three places; 10 (4) AS 38.35.230(2); 11 (5) AS 42.05.141(a); 12 (6) AS 42.05.325(c); 13 (7) AS 42.05.381(f) in both places; 14 (8) AS 42.05.712(c); 15 (9) AS 42.05.712(d); 16 (10) AS 42.45.010(e); 17 (11) AS 42.45.110(a); 18 (12) AS 42.45.170(a); 19 (13) AS 42.45.170(e); 20 (14) AS 43.55.150(b); 21 (15) AS 43.56.210(7); 22 (16) AS 44.83.090(b) in both places; 23 (17) AS 45.50.473(a); 24 (18) AS 45.50.473(b); 25 (19) AS 45.50.475(b); 26 (20) AS 45.50.475(c); and 27 (21) AS 45.63.080(12). 28 (b) In the following statutes, the revisor of statutes is instructed to change "Alaska 29 Public Utilities Commission" to "former Alaska Public Utilities Commission or the Regulatory 30 Commission of Alaska": 31 (1) AS 09.65.085(a); 01 (2) AS 10.25.020(6); and 02 (3) AS 18.57.020(c). 03 (c) In the following statutes, the revisor of statutes is instructed to change "by the 04 Alaska Public Utilities Commission" to "by the former Alaska Public Utilities Commission 05 or by the Regulatory Commission of Alaska": 06 (1) AS 29.35.050(b) in both places; 07 (2) AS 29.35.050(c); 08 (3) AS 29.35.060(a); 09 (4) AS 29.35.060(b); and 10 (5) AS 42.45.200(e). 11 * Sec. 32. This Act takes effect July 1, 1999.