Legislature(2023 - 2024)BELTZ 105 (TSBldg)

04/05/2024 01:30 PM Senate LABOR & COMMERCE

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
Bills Previously Heard/Scheduled:
+= SB 115 PHYSICIAN ASSISTANT SCOPE OF PRACTICE TELECONFERENCED
Moved CSSB 115(HSS) Out of Committee
-- Invited & Public Testimony --
-- Public Testimony <Time Limit May Be Set> --
+= SB 135 AK WORK & SAVE PROGRM; RETIRE. SAVINGS BD TELECONFERENCED
Moved CSSB 135(L&C) Out of Committee
-- Invited & Public Testimony --
-- Public Testimony <Time Limit May Be Set> --
+= SB 257 ELECTRIC UTILITY REGULATION TELECONFERENCED
Heard & Held
-- Invited & Public Testimony --
-- Public Testimony <Time Limit May Be Set> --
**Streamed live on AKL.tv**
               SB 257-ELECTRIC UTILITY REGULATION                                                                           
                                                                                                                                
           [Contains discussion of SB 117 and SB 123]                                                                           
                                                                                                                                
2:41:35 PM                                                                                                                    
CHAIR  BJORKMAN   reconvened  the   meeting  and   announced  the                                                               
consideration  of SENATE  BILL NO.  257 "An  Act relating  to the                                                               
Regulatory Commission  of Alaska;  relating to  public utilities;                                                               
relating to  electric reliability organizations; relating  to the                                                               
Alaska Energy  Authority; relating to the  Rail belt Transmission                                                               
Organization; and providing for an effective date."                                                                             
                                                                                                                                
2:41:58 PM                                                                                                                    
SENATOR  CATHY GIESSEL,  District  E,  Alaska State  Legislature,                                                               
Juneau, Alaska,  Sponsor of SB 257;  gave a brief overview  of SB
257. She said  SB 257 creates a unified  transmission system with                                                               
the  goal  of  expediting  the  lowest  cost  energy  access  and                                                               
movement.  It  creates  a  Rail  belt  Transmission  Organization                                                               
(RTO),  which  will work  in  collaboration  with the  Rail  belt                                                               
Reliability  Council. They  will  manage transmission,  planning,                                                               
possibly construction of transmission  in the future and applying                                                               
for  grants to  fund  and upgrade  Alaska's transmission  system.                                                               
They will  work under the  Regulatory Commission of  Alaska (RCA)                                                               
oversight related to tariffs.                                                                                                   
                                                                                                                                
2:42:42 PM                                                                                                                    
CHAIR BJORKMAN announced invited testimony for SB 257.                                                                          
                                                                                                                                
2:43:00 PM                                                                                                                    
JENNIFER   MILLER,  CEO/Manager,   Renewable  Independent   Power                                                               
Producers,  Anchorage,   Alaska,  introduced  herself   and  said                                                               
Renewable  Independent Power  Producers  (RIPP) develops,  builds                                                               
and  operates utility-scale  solar farms  in Alaska,  for example                                                               
the  Willow and  Houston  Solar Farm  projects.  She said  RIPP's                                                               
mission is  to diversify  Alaska's energy  generation mix  and to                                                               
suppress  energy  prices  for Alaskans  through  cost-competitive                                                               
renewable energy projects.                                                                                                      
                                                                                                                                
MS.  MILLER  said  she  was  speaking  as  an  Independent  Power                                                               
Producer (IPP) and that she recently  had the honor of serving on                                                               
the Governor's  Energy Security Task  Force and was  the co-chair                                                               
for the  railbelt subcommittee. She  described the Task  Force as                                                               
diverse, yet with  significant areas of agreement.  She said they                                                               
were  able to  align and  define a  common goal:  Alaska's future                                                               
energy would be more reliable,  more diverse and more affordable.                                                               
She said SB 257 is the enabler for that long-term future.                                                                       
                                                                                                                                
2:44:54 PM                                                                                                                    
MS. MILLER described the current  energy transmission system. She                                                               
said  there is  a  diverse  group of  owners  such  as the  Homer                                                               
Electric Association,  Alaska Energy Authority,  Chugach Electric                                                               
Association, Matanuska  Electric Association, etc. The  system is                                                               
broken up  and regionally managed  by those owners  which creates                                                               
inefficient  oversight.  She said  SB  257  forms the  Rail  belt                                                               
Transmission  Organization  (RTO),  which will  create  a  common                                                               
unifying  oversight structure,  allowing wholistic  management of                                                               
the  grid   and  will  facilitate   the  reliable,   diverse  and                                                               
affordable future  envisioned by the  Task Force. The goal  is to                                                               
move energy  from wherever  it is  most efficiently  generated to                                                               
the user  base. Wholistic management  will open  opportunities to                                                               
apply   for  and   leverage  federal   grant  money   to  upgrade                                                               
infrastructure, improving energy access for all.                                                                                
                                                                                                                                
MS. MILLER  said SB  257 would  also eliminate  wheeling charges.                                                               
She explained that wheeling charges  are fees paid to move energy                                                               
from  one management  area  to  another. She  said  the fees  are                                                               
sometimes called "pancake" wheeling  charges, [because they stack                                                               
up, like  pancakes] charging each  time energy is  moved through.                                                               
These charges  drive up  the energy  cost and  create uncertainty                                                               
when developing new projects because  the rates and cost base are                                                               
difficult to forecast.                                                                                                          
                                                                                                                                
MS.  MILLER  mentioned  SB 217  which  also  eliminates  wheeling                                                               
charges and equalizes the tax  treatment for IPPs with utilities.                                                               
She expressed  her support  for both  SB 257 and  SB 217  and her                                                               
hope they would pass quickly.                                                                                                   
                                                                                                                                
2:48:10 PM                                                                                                                    
CHAIR BJORKMAN  asked whether policies under  consideration in SB
257 and  SB 217 add or  subtract barriers for the  permitting and                                                               
process  to  start  a  new renewable  energy  project.  He  asked                                                               
whether the bills  get rid of red  tape or add more  steps to the                                                               
process for IPPs.                                                                                                               
                                                                                                                                
2:48:38 PM                                                                                                                    
MS. MILLER  said the  current project  approval process  for IPPs                                                               
that  would  tie  into the  transmission  [grid]  is  facilitated                                                               
through the Electric Reliability  Organization (ERO). The project                                                               
approval  step  is  part  of  the  integrated  resource  planning                                                               
process. SB 257  would move that approval and  planning under the                                                               
RTO. That approval  step should only be in one  place, the ERO or                                                               
the RTO  and because that  step is related to  energy generation,                                                               
there would only be one  project approval required. She clarified                                                               
that  it would  not be  an additional  step, but  would remain  a                                                               
single step.                                                                                                                    
                                                                                                                                
2:49:38 PM                                                                                                                    
CHAIR  BJORKMAN asked  whether Ms.  Miller had  a preference  for                                                               
where that planning step would be [with the ERO or the RTO].                                                                    
                                                                                                                                
2:49:47 PM                                                                                                                    
MS. MILLER said the  ERO has had a slow start.  She said there is                                                               
a diverse  stakeholder set and that  diversity sometimes requires                                                               
more time  to iron out  processes. She said  the ERO is  hiring a                                                               
CEO to facilitate efficiency. She  opined the integrated resource                                                               
planning  process should  remain  with the  ERO and  transmission                                                               
planning should be  with the RTO. She said  her organization does                                                               
both   planning  and   execution  [of   projects]  which   allows                                                               
efficiency;  so,   if  the   RTO  is   constructing  transmission                                                               
upgrades, she  advocated for keeping  the planning work  with the                                                               
RTO as well,  because planning is tightly tied  to financing. She                                                               
said,  especially when  pursuing federal  grants, it  makes sense                                                               
for the transmission planning to  stay with the RTO. She proposed                                                               
that, because  the ERO  has already done  so much  legwork, allow                                                               
them  to  continue with  the  generation  planning and  keep  the                                                               
integrated resource planning with the ERO.                                                                                      
                                                                                                                                
2:51:08 PM                                                                                                                    
CHAIR BJORKMAN  asked what the  expected timeline is for  the ERO                                                               
to create an integrated resource plan.  He noted that it had been                                                               
four years  since the  group was  created and  opined that  was a                                                               
long time.                                                                                                                      
                                                                                                                                
2:51:31 PM                                                                                                                    
MS. MILLER  said she was  not part of the  ERO group and  is only                                                               
familiar with it  on the periphery. She deferred  the question to                                                               
the ERO and  observed that there was a lesson  to be learned from                                                               
SB  123  and timelines.  She  advocated  for firm  timelines  and                                                               
accountability.  She  suggested  adding  a timeline  to  SB  257,                                                               
specifying   a  date   for  forming   the  RTO   and  eliminating                                                               
transmission wheeling  charges. She offered  to follow up  with a                                                               
firm date for the integrated resource plan.                                                                                     
                                                                                                                                
2:52:46 PM                                                                                                                    
TONY  M.  IZZO,  CEO,  Matanuska  Electric  Association,  Palmer,                                                               
Alaska  said he  brings  40  years of  experience  in the  energy                                                               
industry with  the last eight years  as the CEO of  the Matanuska                                                               
Electric Association.  He said  he strongly  supports SB  257. He                                                               
said he co-chaired  the rail belt subcommittee  of the Governor's                                                               
Energy Security  Task Force with  Ms. Miller. The Task  Force was                                                               
formed  to develop  a statewide  comprehensive  energy plan  that                                                               
would evaluate  energy generation, distribution  and transmission                                                               
for the  many communities  of the  State of  Alaska. He  said the                                                               
duty  and  responsibility  of  the task  force  was  to  identify                                                               
solutions  for meeting  Alaska's  energy needs  now  and for  the                                                               
future  with a  focus  on affordability,  reliability and  energy                                                               
security. He  said at the very  first meeting of the  task force,                                                               
the  governor described  a goal  of achieving  $.10 per  kilowatt                                                               
hour  by the  year  2030, a  moonshot goal  the  task force  took                                                               
seriously.  He said  after dozens  of meetings,  including public                                                               
meetings, presentations  and considerable discussion by  the task                                                               
force,  they concluded  lower rates  were not  achievable in  the                                                               
near  term,  especially  not  with the  Cook  Inlet  natural  gas                                                               
situation. They chose  to focus on building a  foundation for the                                                               
future of  Alaska to  achieve lower  energy costs  and facilitate                                                               
economic  development. He  said the  task force  unanimously came                                                               
together around three goals. He said  the third goal was to "grow                                                               
the  load" and  he explained  growing the  load spreads  the cost                                                               
across  more consumers.  The second  goal was  to diversify  fuel                                                               
supply,  specifically for  energy  security purposes,  especially                                                               
away from  natural gas in  Southcentral Alaska. He said  the task                                                               
force was charged  with review and recommendation  of a Renewable                                                               
Portfolio Standard  (RPS) versus  a Clean Energy  Standard (CES).                                                               
He said the task force  learned that cooperatives are not subject                                                               
to penalties because  they are passed directly  to consumers, but                                                               
investor-owned  utilities pass  penalties to  shareholders rather                                                               
than raising rates.                                                                                                             
                                                                                                                                
2:56:14 PM                                                                                                                    
MR. IZZO said the number one  goal of the task force was [energy]                                                               
transmission  unification.  He  said the  task  force  determined                                                               
that,  as a  foundation for  the  future, Alaska  needs a  single                                                               
backbone for  the transmission of  energy. He suggested  a single                                                               
road  from the  Kenai Peninsula  to  Fairbanks as  a metaphor  to                                                               
describe the  Railbelt Transmission  Organization (RTO).  He said                                                               
[currently] there are parts of the  road that are dirt, parts are                                                               
gravel,  parts  are  two-lane  highway and  it's  owned  by  four                                                               
different   parties  with   four   different   boards  and   four                                                               
communities. He  opined the  single most  important step  to take                                                               
today, for  our future, no  matter what kind of  [energy source],                                                               
whether  it  is  renewable,  wind,  solar,  nuclear,  sequestered                                                               
carbon from coal, etc., is the formation of the RTO.                                                                            
                                                                                                                                
2:57:26 PM                                                                                                                    
MR. IZZO  expressed appreciation to  the governor and  the Senate                                                               
Resources Committee for crafting SB 257  and SB 217. He said they                                                               
eliminate  the  wheeling charges  or  the  "toll" to  get  energy                                                               
through   the  four   different   service   areas,  removing   an                                                               
obstruction  for   bringing  on   alternate  sources   of  power,                                                               
especially at the  economy of scale that makes  it affordable for                                                               
75-80 percent of the population across  the rail belt. He said SB
217 brings parity to IPPs  and their private sector investors. He                                                               
said it reduces  risk to ratepayers and he said  that is good. He                                                               
said  the downside  in SB  217  is the  need for  clarity in  its                                                               
language  regarding the  wheeling charges  and the  "transmission                                                               
association" that was identified.                                                                                               
                                                                                                                                
MR.  IZZO said  SB  257 clarifies  a path  forward  and fills  in                                                               
important gaps.  He said  SB 257 is  aligned with  the governor's                                                               
task force  recommendation and with the  governor's press release                                                               
on SB  217. He expressed support  for merging SB 217  and SB 257.                                                               
He said  SB 257 focuses  the scope  on a larger  public interest,                                                               
with the  focus on  the backbone of  energy transmission  that is                                                               
beneficial to  the entire  system, not  just localized  needs. He                                                               
said  Alaska  has  grown  beyond  the  current  system  which  is                                                               
localized. He  compared the energy  system to a highway  and said                                                               
the  state's role  is to  develop infrastructure  for the  common                                                               
good  as   well  as  to   open  up  opportunities   for  economic                                                               
development.  He said  the  transmission system  and  the RTO  as                                                               
described in  SB 257 will  accomplish that.  He said SB  257 will                                                               
eliminate wheeling  tariffs, which  will work  in Alaska  and has                                                               
been proven  to work in  other places. He  said SB 257  creates a                                                               
transmission  organization  that can  own  part  and operate  the                                                               
system for the  common good and not just  localized interests. He                                                               
said people  have asked  whether [forming  the RTO]  is necessary                                                               
and  proposed that  it be  included in  the Railroad  Reliability                                                               
Council  (RRC).  He  pointed  out  that  having  the  RRC  manage                                                               
transmission assets  would be a  direct conflict of  interest and                                                               
as  a CEO  that has  worked for  investor-owned utilities  in and                                                               
outside  Alaska, he  said  he  is keenly  aware  of  the view  of                                                               
lenders when turning  over control of assets  that are mortgaged.                                                               
He said  he would have  great difficulty approaching a  lender to                                                               
say the transmission  assets that are managed  by fiduciaries and                                                               
a board  of directors, and a  CEO will now be  managed by someone                                                               
else.  He  said  the  qualifications   of  fiduciaries  are  very                                                               
specific  and  that  specific  core  competence  is  not  present                                                               
throughout the RRC.                                                                                                             
                                                                                                                                
3:01:42 PM                                                                                                                    
MR. IZZO said  SB 257, with the  RTO, creates a place  to put the                                                               
new  grid  assets;  it  consolidates   about  one  third  of  the                                                               
transmission the  state owns  along the rail  belt and  that will                                                               
grow to over  50 percent, along with  utility transmission assets                                                               
that  are specific  to the  backbone. He  said SB  257 creates  a                                                               
structure  for  decisions  to  resolve  conflicts  without  legal                                                               
action. He noted  discussion about using a BP  or Bradley Project                                                               
management  committee-like structure.  He said  the Bradley  Lake                                                               
Project Management  Committee (BPMC), with  24 years in  the rail                                                               
belt, is  the highest functioning  organization that he  has seen                                                               
with  operating costs  around $1  million  or less  per year.  He                                                               
opined  that was  because it  was  managed by  the asset  owners,                                                               
essentially with  in-kind labor. He said  he was a member  of the                                                               
BPMC and  they do  not charge  their time to  the state.  He said                                                               
BPMC believes that the project  brings benefit to the members, so                                                               
he considers  his time to be  "in-kind." He said there  are long-                                                               
standing agreement  in place to  avoid conflicts and  pointed out                                                               
that  over the  past 27  years, tens  of millions  of dollars  of                                                               
disputes in the past have been  over transmission. He said SB 257                                                               
would eliminate  the possibility  of those expensive  disputes in                                                               
the  future.  He said  SB  257  increases the  accountability  to                                                               
ratepayers versus  being an  Alaska Energy  Authority (AEA)-only,                                                               
by creating a  management committee like the  Bradley Project. He                                                               
said regulation is necessary, as  identified in SB 257, which was                                                               
a  task force  recommendation. He  said  SB 257  also allows  for                                                               
governance of  the transmission system  which has been  proven to                                                               
work,  insures   accountability  and   the  public  is   open  to                                                               
management-committee  type  meetings   and  can  provide  comment                                                               
online or in person in that type of structure.                                                                                  
                                                                                                                                
3:04:06 PM                                                                                                                    
MR. IZZO recommended improvements to  SB 257, such as leaving the                                                               
integration  resource or  generation  planning  process with  the                                                               
RRC. He acknowledged  the frustration with the four  years it has                                                               
taken  to get  started but  said he  would like  to give  it more                                                               
time.  He said  he would  remove from  the ERO  the transmission,                                                               
planning and tariff  function. He said that was  critical for the                                                               
RTO  to  succeed.  He  said  clarity,  intent  and  rate-recovery                                                               
language  would be  helpful; uploading  the backbone,  only costs                                                               
through  the utilities  to  the end-user  is  critical. He  again                                                               
compared the  transmission system to  a highway and said,  if you                                                               
drive from point A  to point B, that's all you  pay for, but with                                                               
the transmission  system, if  you drive any  part of  the "road,"                                                               
you  will pay  for  the  whole system.  He  said  the task  force                                                               
suggests  distinguishing the  backbone to  set up  infrastructure                                                               
for  future development  that provides  a foundation  for a  much                                                               
better and  lower cost  energy future; and  we have  outgrown the                                                               
current  structure. He  said SB  257  would eliminate  inequities                                                               
between IPPS  and utility-based projects  and by  being regulated                                                               
insures the RCA has a lead role.                                                                                                
                                                                                                                                
3:06:31 PM                                                                                                                    
MR. IZZO  concluded by  saying now  is clearly a  time to  send a                                                               
signal  to investors,  developers  and federal  funders like  the                                                               
U.S. Department  of Energy that  Alaska is  ready to put  skin in                                                               
the game  and create  a transmission system  for the  future that                                                               
will  bring in  industry and  lower rates  for all.  He said  the                                                               
current  situation  is the  result  of  our existing  system  and                                                               
structures and he  did not believe anything  will improve without                                                               
legislative intervention.                                                                                                       
                                                                                                                                
3:07:11 PM                                                                                                                    
MR. IZZO said  there is a lot of talk  about collaboration in the                                                               
rail belt and  he commended the true collaboration  of the people                                                               
who  keep the  lights on  and repair  outages, however  he thinks                                                               
there  is more  attention  focused on  insuring  a perception  of                                                               
collaboration. He suggested that  if the utilities were investor-                                                               
owned there  would be a  strategic alliance. He said,  though the                                                               
individual distribution  utility would  still exist,  there would                                                               
be a  unified message about  goals, keeping rates  low, providing                                                               
infrastructure for  new consumers  and reliability.  He suggested                                                               
if  there are  inconsistent messages  coming from  utilities that                                                               
supported SB  257 and now don't  support it, that should  be more                                                               
of a reason for the legislature to take action.                                                                                 
                                                                                                                                
MR.  IZZO  said  this  moment  requires  bold  visionary  action,                                                               
visionary  leadership from  elected officials.  He said  Alaskans                                                               
have entrusted the leadership with  these decisions. He said this                                                               
is a  moment in  history when  [leaders] will  be judged,  not so                                                               
much on what is done as on what is not done.                                                                                    
                                                                                                                                
3:09:02 PM                                                                                                                    
CHAIR  BJORKMAN noted  the mention  that the  scope of  knowledge                                                               
needed for  the ERO board  to be  effective and their  ability to                                                               
produce a  work product  in a  timely manner  may be  lacking. He                                                               
also noted  the desire to  maintain the generation  planning with                                                               
the  ERO and  asked  whether  there should  be  "side boards"  or                                                               
guidelines  for  members of  that  board  or timelines  for  work                                                               
products or  limits to the  amount of cost-recovery that  the ERO                                                               
is  able to  undertake as  they  hire their  own consultants  and                                                               
duplicate efforts that utilities have already done.                                                                             
                                                                                                                                
3:09:56 PM                                                                                                                    
MR. IZZO said it was  important to clearly state expectations and                                                               
consequences are important when it  comes to work performance. He                                                               
said the  RRC has had  an unintentional slow start.  He expressed                                                               
concern over  what could be  a $10 million per  year organization                                                               
to   adopt  and   enforce  reliability   standards  and   conduct                                                               
integrated  resource plans  every few  years. He  said, if  costs                                                               
reached  that level,  it would  exceed  Regulatory Commission  of                                                               
Alaska (RCA) costs for the entire  state. He said he is concerned                                                               
about costs  and, as a business  leader is more focused  on value                                                               
propositions.  He  said  it was  very  frustrating  to  Matanuska                                                               
Electric  Association (MEA)  to  experience  hard push-back  when                                                               
they asked  the Railroad Reliability  Council (RRC) to  provide a                                                               
report on  some relative frequency around  their results, because                                                               
one of  the intents of SB  123, 2020 was high  functioning of the                                                               
rail  belt utilities.  He described  the RRC  as a  one-stop shop                                                               
with independent  voices conducting integrated resource  plans as                                                               
the right thing for consumers.  He explained that it is important                                                               
for  the  RRC   to  be  able  and  willing   to  demonstrate  and                                                               
communicate its results and fulfilling its purpose.                                                                             
                                                                                                                                
3:12:56 PM                                                                                                                    
CHAIR BJORKMAN  said as  the RRC  goes forward,  issuing reports,                                                               
etc.,  he  said it  would  be  important  to  gauge the  cost  to                                                               
individual ratepayers.  He noted there  are many line items  on a                                                               
utility bill  and he wondered  if MEA  includes a line  item that                                                               
explains  the  cost of  the  RRC  over  the  past four  years  to                                                               
ratepayers, for a report that has yet to be produced.                                                                           
                                                                                                                                
3:13:30 PM                                                                                                                    
MR. IZZO said  the line item has been added  as recently as 2023.                                                               
He said  MEA provided  communication to members  of the  RRC cost                                                               
and intent.  He urged setting expectations  and consequences, but                                                               
also  advocated allowing  RRC  adequate time  to  produce a  work                                                               
product and  he opined that  four years is getting  pretty close.                                                               
He proposed  asking the RRC to  tell when they could  be expected                                                               
to adopt  reliability standards,  explain how the  standards will                                                               
be enforced, a  timeline for enforcement and  what the associated                                                               
costs  are, in  other words  when  there would  be an  integrated                                                               
resource  plan.  He   said  the  RRC  may   have  determined  and                                                               
communicated  some  of  those  things,   but  not  yet  the  most                                                               
important aspects. He said that,  in business, if a product isn't                                                               
meeting expectations, the business  must determine what revisions                                                               
are necessary to deliver the expected product.                                                                                  
                                                                                                                                
3:15:06 PM                                                                                                                    
CHAIR BJORKMAN  referred to the Bradley  Project Management Group                                                               
(BPMG) and asked what elements of  the RTO as described by SB 257                                                               
and SB 217 differ from the BPMG                                                                                                 
                                                                                                                                
3:15:37 PM                                                                                                                    
MR.IZZO  said the  development  of  the RTO  in  SB  217 is  very                                                               
unclear. He said  it was not aligned with  the recommendations of                                                               
the  task force  and he  did not  think it  was aligned  with the                                                               
governor's press  release. He said there  was a lot yet  to flesh                                                               
out and  regulations would have  to follow  approved legislation.                                                               
He said the  intent of the task  force was that the  RTO would be                                                               
similar to the Bradley Project  Management Group in structure. He                                                               
described that  structure, explaining that the  co-ops which take                                                               
power from Bradley are the  governance body along with the Alaska                                                               
Energy Authority, which is the  owner of the generation asset. He                                                               
compared that with  the RTO and said the intent  was that the AEA                                                               
would be  the owner of  much of the  transmission infrastructure.                                                               
He  described  parts of  the  transmission  system and  how  they                                                               
currently connect  to one another.  He said the state  owns parts                                                               
of  the system  now and  will own  any assets  built by  the Grid                                                               
Resilience  and Innovation  Partnerships Program  (GRIP) funding,                                                               
which  are anticipated  at first  to be  the High  Voltage Direct                                                               
Current (HVDC)  line from  somewhere on  the Kenai  Peninsula and                                                               
the  Homer  system  over  to Southcentral  Alaska.  He  said  the                                                               
application had also been made to  extend the line to Healy which                                                               
is needed to double-circuit. He said  the RTO would be made up of                                                               
the state  and the  asset owners and  would have  very structured                                                               
voting rights,  public meetings  and public  input and  the state                                                               
would have final veto rights.                                                                                                   
                                                                                                                                
3:19:10 PM                                                                                                                    
CHAIR BJORKMAN asked  whether Mr. Izzo would  support language in                                                               
SB 257 to protect utilities  if they become disconnected from the                                                               
rest of  the grid or "islanded".  He further asked what  could be                                                               
done to protect  utilities from costs associated with  the RTO if                                                               
the utilities will be islanded as scheduled by another utility.                                                                 
                                                                                                                                
3:19:38 PM                                                                                                                    
MR.  IZZO compared  the  current system  with  the ideal  system,                                                               
which he described as a  first-world system because it would have                                                               
two transmission  lines. He  pointed out  line losses  occur with                                                               
the current system, such as the  Swan Lake fire and shutdowns for                                                               
other  emergencies or  regular  scheduled  maintenance. The  line                                                               
losses cause  higher costs  for the utilities  than would  be the                                                               
case if  a second line were  available to carry power  from other                                                               
sources. He said when the two-line  system is built there will be                                                               
benefits  and   savings  for  costs   that  will  no   longer  be                                                               
experienced. He also  said the new system will set  Alaska up for                                                               
economic  opportunity  of larger  scale,  lower  cost power  from                                                               
renewable sources, nuclear, etc. than is now available.                                                                         
                                                                                                                                
3:21:00 PM                                                                                                                    
MR.  IZZO acknowledged  a significant  step  between the  current                                                               
system and  the ideal.  He noted that  wheeling charges  could be                                                               
eliminated now and  said there was an appropriate way  to do that                                                               
so  no one  utility or  its members  are harmed.  He proposed  an                                                               
immediate  rate structure  that  would provide  for building  the                                                               
second  line  from the  Kenai  Peninsula  to Healey.  Until  that                                                               
second line was built, some  utility members would be subsidizing                                                               
other utility members because those  utilities would be islanded,                                                               
or without  access because  of constraints on  the system  to the                                                               
lowest cost power  necessary. He opined that the  change could be                                                               
done in  a stepped fashion,  beginning with  eliminating wheeling                                                               
charges   now,  getting   rid  of   those  constraints   for  the                                                               
Independent  Power  Producers  (IPPs).   As  the  system  is  de-                                                               
constrained a shift would be made to a standard rate.                                                                           
                                                                                                                                
MR.  IZZO said,  if  a  utility becomes  islanded,  once the  new                                                               
system is  built out, that  utility should be exempt  from paying                                                               
the costs of the overall system  since their members would not be                                                               
able  to take  advantage of  the overall  system. He  opined that                                                               
there was a way to do that where no one is harmed.                                                                              
                                                                                                                                
3:23:00 PM                                                                                                                    
CHAIR BJORKMAN  referred to the  scheduling of power  movement up                                                               
and down  the rail belt and  asked whether utilities are  able to                                                               
schedule power  in such  a way that  it would  disadvantage other                                                               
utilities in their ability to move power.                                                                                       
                                                                                                                                
3:23:53 PM                                                                                                                    
MR. IZZO said there  are ways that can happen and  he has seen it                                                               
happen. He said the BPMC is  effective in addressing that kind of                                                               
action  immediately.  He urged  that  creating  an RTO  structure                                                               
takes out the  parochial politics, because with  the GRIP funding                                                               
the  state  will  own  50  percent  or  more  of  the  rail  belt                                                               
transmission.  The   state  is  not   in  any  way   involved  in                                                               
transmission assets and he said that  "an adult" is needed on the                                                               
rail belt.  He said once  the state  has that much  ownership and                                                               
having  an  RTO  with  bylaws   and  a  formal  structure  versus                                                               
individual  regulated  utilities, will  eliminate  a  lot of  the                                                               
problems  experience in  the past.  He mentioned  that the  state                                                               
does oversee transmission  wheeling revenues now, but  it is done                                                               
on  through the  RCA on  an individual  utility basis,  not on  a                                                               
macro  level with  a "backbone"  perspective. He  reiterated that                                                               
moving to  that structure will eliminate  a lot of the  drama and                                                               
problems experienced in the past.                                                                                               
                                                                                                                                
3:25:49 PM                                                                                                                    
CHAIR BJORKMAN asked  whether the open access language  of SB 257                                                               
would allow  one utility or one  IPP to sell power  directly to a                                                               
large  consumer  (such  as  a  mine or  a  refinery)  in  another                                                               
utility's area.                                                                                                                 
                                                                                                                                
3:26:32 PM                                                                                                                    
MR.  IZZO suggested  that  there  may be  a  need for  clarifying                                                               
language. He said  this does happen through  economy energy sales                                                               
and without  specifics due to  non-disclosure agreements  he said                                                               
there are currently two utilities  meeting with another regarding                                                               
a renewable  project that  is of  a scale that  is more  than any                                                               
utility  could take.  He said  there would  be no  obstruction to                                                               
doing  that  and when  there  are  two  lines  and there  are  no                                                               
constraints  on transmission  and there  is good  reliability, it                                                               
would be  possible for an  entity to access  competitively priced                                                               
power. He said that would be  a positive situation because of job                                                               
creation,  increased  residential  meters, and  emerging  service                                                               
industries that  a utility would  benefit from. He said  he could                                                               
not think of  a situation where a utility would  disagree and try                                                               
to intervene, but he said he did not know.                                                                                      
                                                                                                                                
3:28:37 PM                                                                                                                    
CHAIR  BJORKMAN appreciated  Mr. Izzo's  testimony and  sought to                                                               
determine  whether  there  was a  need  for  clarifying  language                                                               
regarding  open  access  that would  prevent  cannibalization  of                                                               
customers from one utility service area to another.                                                                             
                                                                                                                                
3:28:59 PM                                                                                                                    
MR. IZZO  said language  to obstruct  [one utility  selling power                                                               
outside its  region] could be needed  and he would look  into it.                                                               
He said his vision and the  task force's vision for the rail belt                                                               
was that, unifying  transmission and building out  the grids from                                                               
the Kenai  Peninsula to  Healy using  the GRIP  [federal] funding                                                               
would  level  the   playing  field.  He  said   the  state  would                                                               
automatically  go to  an economic  dispatch in  which the  lowest                                                               
cost energy generation would benefit  every entity in the system.                                                               
He said,  with that as  the ultimate goal,  he did not  see where                                                               
there is a  problem. He said there might be  a utility that might                                                               
have a  concern and it would  be prudent to see  that there isn't                                                               
something in  a regulation or  a statute  or a tariff  that would                                                               
interfere with doing what would be best for the state's economy.                                                                
                                                                                                                                
3:30:32 PM                                                                                                                    
JOHN  ESPINDOLA, Commissioner,  Regulatory  Commission of  Alaska                                                               
(RCA), Anchorage, Alaska, read the following statement:                                                                         
                                                                                                                                
[Original punctuation provided.]                                                                                                
                                                                                                                                
     Good afternoon and thank you for allowing me this                                                                          
     opportunity to provide public testimony.                                                                                   
                                                                                                                                
     For the record, my name is John Espindola,                                                                                 
     Commissioner with the Regulatory Commission of Alaska.                                                                     
     This afternoon I am here to testify on behalf of the                                                                       
     RCA regarding some of the general powers of the                                                                            
     Commission, set forth in statutes and regulations, as                                                                      
     it relates to regulating utilities while protecting                                                                        
     the public interest.                                                                                                       
                                                                                                                                
     • Statute AS 42.05.141 speaks specifically to the                                                                          
       "general powers and duties of the commission". Two                                                                       
        subsections I will be highlighting today are                                                                            
        subsections (a) and (d).                                                                                                
                                                                                                                                
     • Subsection (a) reads, The Regulatory Commission of                                                                       
        Alaska may do all things necessary or proper to                                                                         
        carry out the purposes and exercise the powers                                                                          
        expressly granted or reasonably implied in this                                                                         
        chapter including:                                                                                                      
                                                                                                                                
        1. regulate every public utility engaged or                                                                             
          proposing to engage in a utility business inside                                                                      
         the state, except to the extent exempted in AS                                                                         
          42.05.711                                                                                                             
                                                                                                                                
        2. investigate, upon complaint or upon its own                                                                          
          motion, the rates, classifications, rules,                                                                            
          regulations, practices, services, and facilities                                                                      
         of a public utility and hold hearings on them;                                                                         
          and                                                                                                                   
                                                                                                                                
        3. make or require just, fair, and reasonable rates,                                                                    
          classifications, regulations, practices,                                                                              
         services, and facilities for a public utility                                                                          
                                                                                                                                
3:32:07 PM                                                                                                                    
MR. ESPINDOLA continued:                                                                                                        
                                                                                                                                
     Now, I will speak to the Commission's methodology in                                                                       
     determining just and reasonable rates and how the                                                                          
     Commission regulates the cost of energy for consumers.                                                                     
     The overall cost of energy for consumers is comprised                                                                      
     of non-fuel costs which are established through a                                                                          
     revenue requirement including fuel and purchased power                                                                     
     costs which are recovered through the Cost of Power                                                                        
     Adjustment also known as the COPA.                                                                                         
                                                                                                                                
     • Statute AS 42.05.381 states: Rates to be just and                                                                        
        reasonable, subsection (a) reads, all rates demanded                                                                    
       or received by a public utility, or by any two or                                                                        
        more public utilities jointly, for a service                                                                            
        furnished or to be furnished shall be just and                                                                          
        reasonable.                                                                                                             
                                                                                                                                
     • We are charged by this statute to ensure that rates                                                                      
        are just and reasonable. To determine just and                                                                          
      reasonable rates the Commission reviews a utility's                                                                       
       proposed total annual required earnings, known as                                                                        
        the revenue requirement. At a high level, the                                                                           
        revenue requirement is the sum of the utility's                                                                         
        prudently incurred allowable expenses such as taxes,                                                                    
      interest on debt incurred by the utility, operating                                                                       
      expenses, annual depreciation, and a fair return on                                                                       
        investment.                                                                                                             
                                                                                                                                
   3:33:23 PM                                                                                                                 
   MR. ESPINDOLA continued:                                                                                                     
                                                                                                                                
     •  To determine the revenue requirement, we utilize a                                                                      
        "normalized test year" which is defined in                                                                              
        regulation 3 AAC 48.820 (42)                                                                                            
                                                                                                                                
     • In addition, regulation 3 AAC 48.540 requires an                                                                         
        electric utility to file a cost of service study                                                                        
        with a revenue requirement if their annual kWh sales                                                                    
        exceed 100,000,000; for an electric utility that has                                                                    
        less than 100,000,000 kWh in annual sales, a cost of                                                                    
      service study is required if the utility proposes a                                                                       
        new rate design. In this instance when a utility                                                                        
        proposes a new rate design, once the revenue                                                                            
        requirement has been determined, we review the "cost                                                                    
        of service study" defined in regulation 3 AAC 48.820                                                                    
        (40)                                                                                                                    
                                                                                                                                
     • This component of the ratemaking process allocates                                                                       
        the revenue requirement among customer classes.                                                                         
        Also, when verifying pricing objectives, the                                                                            
      Commission refers to 3 AAC 48.510 which reads, "the                                                                       
       cost causer should be the cost payer". The results                                                                       
       of the cost of service study are used as the basis                                                                       
        to develop rates for specific customer classes.                                                                         
                                                                                                                                
   3:34:43 PM                                                                                                                 
   MR. ESPINDOLA continued:                                                                                                     
                                                                                                                                
     •  Regulation 3 AAC 52.502(a) establishes the criteria                                                                     
        for adjustment clauses (i.e the COPA), where a                                                                          
        utility recovers fuel and purchased power costs                                                                         
       outside of the revenue requirement. In order to be                                                                       
      allowed to recover the costs through the adjustment                                                                       
        clause, cost elements must be approved by the                                                                           
        Commission. These cost elements must meet the                                                                           
        following criteria:                                                                                                     
                                                                                                                                
        1. Subject to change at a rate that would cause                                                                         
          financial harm to the utility if the costs were                                                                       
          recovered through base rates; I note this is the                                                                      
          rate established in the revenue requirement                                                                           
                                                                                                                                
        2. Beyond the control of the utility; and                                                                               
                                                                                                                                
        3. Easily verifiable.                                                                                                   
                                                                                                                                
     • Lastly, regulation 3 AAC 52.503 establishes the                                                                          
       formula and entries for the COPA, and 3 AAC 52.504                                                                       
        establishes the filing requirements for COPAs.                                                                          
        These filing requirements include invoices to verify                                                                    
        the costs as well as reports on generation and                                                                          
        sales.                                                                                                                  
                                                                                                                                
        Next, I will speak to a recent example of the                                                                           
       Commission approving a filing using factors other                                                                        
       than cost. In March, the Commission approved a gas                                                                       
        contract between a gas supplier and an electric                                                                         
       Railbelt utility. Although the cost of gas in this                                                                       
        filing was higher than what other Railbelt utilities                                                                    
       are currently paying, the commission approved the                                                                        
      contract to ensure the electric utility was able to                                                                       
        continue to provide reliable service to its                                                                             
        customers.                                                                                                              
                                                                                                                                
     • Statute AS 42.05.141 subsection (d) states, when                                                                         
      considering whether the approval of a rate or a gas                                                                       
        supply contract proposed by a utility to provide a                                                                      
        reliable supply of gas for a reasonable price is in                                                                     
        the public interest, the commission shall:                                                                              
                                                                                                                                
        1. recognize the public benefits of allowing a                                                                          
          utility to negotiate different pricing mechanisms                                                                     
         with different gas suppliers and to maintain a                                                                         
          diversified portfolio of gas supply contracts to                                                                      
         protect customers from the risks of inadequate                                                                         
         supply or excessive cost that may arise from a                                                                         
          single pricing mechanism; and                                                                                         
                                                                                                                                
        2. consider whether a utility could meet its                                                                            
          responsibility to the public in a timely manner                                                                       
          and without undue risk to the public if the                                                                           
          commission fails to approve a rate or a gas                                                                           
          supply contract proposed by the utility.                                                                              
                                                                                                                                
3:37:05 PM                                                                                                                    
MR. ESPINDOLA concluded his statement:                                                                                          
                                                                                                                                
     In closing, it is important to note that as the                                                                            
     Commission fulfills its statutory mandates while                                                                           
     protecting the public interest, ensuring public                                                                            
     utilities are solvent, that they provide safe and                                                                          
     adequate services with just and reasonable rates, and                                                                      
     terms & conditions, are all factors we use in our                                                                          
     decision making process. This afternoon I will not be                                                                      
     taking questions. However, the Commission is willing                                                                       
     to come back at a later date to allow this committee                                                                       
     an opportunity for questions. Thank you and this                                                                           
     concludes my testimony.                                                                                                    
                                                                                                                                
3:38:10 PM                                                                                                                    
MR. ESPINDOLA confirmed he was unable to answer questions at                                                                    
this time.                                                                                                                      
                                                                                                                                
3:38:33 PM                                                                                                                    
CHAIR BJORKMAN postponed public testimony, summarized heard                                                                     
testimony and made closing remarks.                                                                                             
                                                                                                                                
3:42:05 PM                                                                                                                    
CHAIR BJORKMAN held SB 257 in committee.                                                                                        

Document Name Date/Time Subjects
SB115 Public Testimony-Combined 02.28-03.12.24.pdf SL&C 4/5/2024 1:30:00 PM
SB 115
SB115 Sectional Analysis -corrected- ver U 03.05.24.pdf SL&C 4/5/2024 1:30:00 PM
SB 115
SB135 Public Testimony-ACLI Letter Opposing 02.14.24.pdf SL&C 4/5/2024 1:30:00 PM
SB 135
SB135 Public Testimony-Letters of Support 04.05.24.pdf SFIN 5/10/2024 9:00:00 AM
SL&C 4/5/2024 1:30:00 PM
SB 135
SB135 Blank Draft Proposed CS ver U.pdf SL&C 4/5/2024 1:30:00 PM
SB 135
SB135 Public Testimony-Letter_NFIB opposition 04.03.24.pdf SL&C 4/5/2024 1:30:00 PM
SB 135
SB115 Public Testimony-Letter_ACEP_Opposition 04.02.24.pdf SL&C 4/5/2024 1:30:00 PM
SB 115
SB115 Public Testimony-AMA Issue Brief_Summary of Studies.pdf SL&C 4/5/2024 1:30:00 PM
SB 115