Legislature(2011 - 2012)BARNES 124

02/22/2011 03:00 PM House ENERGY


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03:06:22 PM Start
03:07:04 PM HB103
04:09:21 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= HB 103 POWER PROJECT; ALASKA ENERGY AUTHORITY TELECONFERENCED
Heard & Held
         HB 103-POWER PROJECT; ALASKA ENERGY AUTHORITY                                                                      
                                                                                                                              
3:07:04 PM                                                                                                                    
                                                                                                                                
CO-CHAIR FOSTER  announced that the  only order of  business would                                                              
be HOUSE  BILL NO.  103, "An  Act relating  to the procurement  of                                                              
supplies, services,  professional  services, and construction  for                                                              
the  Alaska Energy  Authority;  establishing  the Alaska  Railbelt                                                              
energy fund  and relating to the  fund; relating to  and repealing                                                              
the Railbelt energy  fund; relating to the quorum of  the board of                                                              
the  Alaska  Energy  Authority;  relating  to the  powers  of  the                                                              
Alaska Energy  Authority regarding  employees and the  transfer of                                                              
certain  employees of  the  Alaska Industrial  Development  Export                                                              
Authority to  the Alaska Energy  Authority; relating  to acquiring                                                              
or constructing  certain projects by the Alaska  Energy Authority;                                                              
relating to  the definition of  'feasibility study' in  the Alaska                                                              
Energy Authority  Act; and providing  for an effective date."   He                                                              
recalled  that at  the last  meeting questions  were raised  about                                                              
the  3/16/09  study  on the  proposed  project  prepared  for  the                                                              
Alaska Energy  Authority (AEA) by  HDR Alaska, Inc.,  HDR/DTA, and                                                              
Northern Economics,  and said  a copy of  that study  was included                                                              
in the committee packet.                                                                                                        
                                                                                                                                
3:08:19 PM                                                                                                                    
                                                                                                                                
SARA  FISHER-GOAD,  Executive Director,  Alaska  Energy  Authority                                                              
(AEA), Department  of Commerce,  Community & Economic  Development                                                              
(DCCED),  stated Mr.  Carey, Project  Manager,  would address  the                                                              
cost estimates from the aforementioned 2009 study.                                                                              
                                                                                                                                
3:09:33 PM                                                                                                                    
                                                                                                                                
BRYAN  CAREY,  Project  Manager, Alaska  Energy  Authority  (AEA),                                                              
Department   of  Commerce,   Community   &  Economic   Development                                                              
(DCCED),  referred  to the  3/16/09  report  and  said it  was  an                                                              
interim memorandum =  not the final report - on the  project.  The                                                              
memorandum estimated  the construction  cost of $8.3-$8.4  million                                                              
for the  "full-size" Watana  dam built  to a  height of  885 feet.                                                              
The  project  now   presented  is  the  "low"   Watana  project  -                                                              
construction  of a dam  to a height  of 700 feet  - for  which the                                                              
interim memorandum  estimated a cost  of $6.9 million.   There are                                                              
errors  in  the  cost  numbers,  such  as  in  the  size  of,  and                                                              
improvements  to,  the  construction   camp,  and  costs  for  the                                                              
construction  camp are  also lower  now due to  the efficiency  of                                                              
present-day  equipment.    He  estimated  this  reduction  made  a                                                              
difference  of about  $400-$500  million.   Also  included in  the                                                              
memorandum were  almost $600 million for  access via a  road and a                                                              
large suspension  bridge over Devil  Canyon; however,  the project                                                              
now proposes only  the road.  Furthermore, Mr.  Carey advised that                                                              
in  1982, the  transmission  system around  Anchorage  and in  the                                                              
Mat-Su Valley  was much  less developed,  thus the older  estimate                                                              
included  more transmission  lines  and submarine  cable than  are                                                              
necessary now.   In fact, the  transmission lines from  Gold Creek                                                              
were removed  from  the estimate  and there have  been changes  to                                                              
the  transmission substations  that  affect  costs throughout  the                                                              
project.   In  addition, because  the contingency  allowance is  a                                                              
percentage  of 20  percent,  any major  changes  reduce that  cost                                                              
also.    Similarly,  engineering  and  environmental  construction                                                              
management were estimated  at 11 percent, and since  a substantial                                                              
amount of  that work has been  performed, that number  was reduced                                                              
to reflect  the studies that have  already occurred.   Because the                                                              
basics   of  the   dam  have   not  changed   much,  even   though                                                              
construction  costs increase  with a  larger dam,  costs based  on                                                              
percentages,  such   as  design,  engineering   and  environmental                                                              
construction management,  do not increase  as much.   He concluded                                                              
that these changes account for the large drop in costs.                                                                         
                                                                                                                                
3:16:04 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SADDLER asked  for the  amount of  savings in  the                                                              
categories   of   earth   moving,  camp   housing,   access,   and                                                              
transmission lines.                                                                                                             
                                                                                                                                
MR.  CAREY   explained  that  the   reduction  in  cost   for  the                                                              
construction camp  is $429 million,  and the interim  estimate was                                                              
$612 million.                                                                                                                   
                                                                                                                                
MS. FISHER-GOAD  suggested that AEA  provide a spreadsheet  of the                                                              
differences in figures "from now to then."                                                                                      
                                                                                                                                
3:18:22 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE TUCK  asked   that  the  spreadsheet   include  the                                                              
difference in costs for the transmission line from Gold Creek.                                                                  
                                                                                                                                
MR.  CAREY,  in response  to  Ms.  Fisher-Goad, restated  he  will                                                              
prepare a  spreadsheet that shows  the change in numbers  that has                                                              
occurred from "March  to November, and as part  of the spreadsheet                                                              
also it has the Gold Creek to other points type of costs."                                                                      
                                                                                                                                
REPRESENTATIVE  PETERSEN   asked  whether  the   estimates  should                                                              
include upgrading to a smart grid.                                                                                              
                                                                                                                                
3:19:46 PM                                                                                                                    
                                                                                                                                
MR.  CAREY advised  a cost  estimate  pertaining to  a smart  grid                                                              
would  take  several  months  to generate  unless  it  is  already                                                              
available in the Regional Integrated Resource Plan (RIRP).                                                                      
                                                                                                                                
CO-CHAIR PRUITT  encouraged the committee to discuss  the kilowatt                                                              
per hour (kWh) cost  to consumers.  In addition,  he requested "an                                                              
estimate of  what we expect  if the state  kicked in  at different                                                              
levels, what  it might be  to the consumer  so we have an  idea of                                                              
what ... to expect,  and then compare that to the  cost of what it                                                              
is now and to other sources of generation."                                                                                     
                                                                                                                                
3:21:46 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE TUCK  referred   to   page   4   of   the   interim                                                              
memorandum,  pointing  out that  the  project spent  $145  million                                                              
during  Fiscal Year  1979 (FY79)  to FY86,  and in  FY09, AEA  was                                                              
authorized to reevaluate  the project.  He asked  if these studies                                                              
were  the engineering  and  environmental  work that  was  already                                                              
done.                                                                                                                           
                                                                                                                                
MR. CAREY  advised that  most of  the work was  done in  the early                                                              
'80s, observing  that it is hard  to get time and  resources spent                                                              
by  federal  agencies without  a  preliminary  permit.   Thus  the                                                              
funds authorized for  AEA in FY09 were not spent  on a substantial                                                              
amount  of  environmental  work,  but mostly  on  engineering  and                                                              
conceptual  studies of  embankment  and roller-compacted  concrete                                                              
dam  construction.    Cost estimates  of  environmental  work  are                                                              
still  required   to  reflect  changes  in  regulations   and  the                                                              
resources affected.                                                                                                             
                                                                                                                                
3:24:17 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE TUCK emphasized   the  need   to  compare   similar                                                              
costs.  He  then asked how  the time necessary for  Federal Energy                                                              
Regulatory Commission  (FERC) licensing was reduced  from eight to                                                              
five years.                                                                                                                     
                                                                                                                                
MR.  CAREY said  the amount  of time  needed to  receive the  FERC                                                              
license  is  subject  to  different  opinions.    The  agency  was                                                              
advised by  a former  FERC employee that  a five-year  time period                                                              
is possible with  an aggressive schedule.  In  further response to                                                              
Representative  Tuck, he  said  he would  attempt  to address  the                                                              
timeline, although this is difficult to forecast.                                                                               
                                                                                                                                
3:27:20 PM                                                                                                                    
                                                                                                                                
CO-CHAIR FOSTER referred  to the Table 1 Summary on  page 3 of the                                                              
interim memorandum,  pointing out that the estimated  cost per kWh                                                              
during  the  first 50  years  of  operation  of the  proposed  low                                                              
Watana project  is $0.20,  and asked how  that cost  compares with                                                              
other hydroelectric (hydro) projects.                                                                                           
                                                                                                                                
MR.  CAREY explained  that $0.20  per kWh  is a  higher cost  than                                                              
other current  hydro projects in and  out of the state.   However,                                                              
this  estimate is  based  on construction  costs  of $6.9  million                                                              
funded by  private equity  financing.   Generally, hydro  power in                                                              
the Pacific Northwest costs less than $0.05 per kWh.                                                                            
                                                                                                                                
3:29:14 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  PETERSEN surmised  that if  the state invested  50                                                              
percent  of the  cost of  construction, after  a 50-year  payback,                                                              
the cost of power would be about $0.10.                                                                                         
                                                                                                                                
MR.  CAREY gave  the  example of  the Bradley  Lake  Hydroelectric                                                              
Project (Bradley  Lake Hydro), and  said after 35 years  the bonds                                                              
will  be paid  back and  then the  payback  to the  state for  its                                                              
contribution begins.   He then said,  "Depending on the  length of                                                              
the time  that the  state is  to be  receiving funds  back on  it,                                                              
when the  state no  longer wishes  to be,  receive funds  back for                                                              
the project,  then the  cost of  generation at  that time  will be                                                              
likely less than a penny per kilowatt."                                                                                         
                                                                                                                                
3:30:50 PM                                                                                                                    
                                                                                                                                
CO-CHAIR PRUITT asked who owns the land that will be impacted.                                                                  
                                                                                                                                
MS.  FISHER-GOAD  stated the  major  landholders  are the  federal                                                              
government,  Tyonek Native  Corporation,  Cook  Inlet Region  Inc.                                                              
(CIRI),  the state,  and others  who are not  indentified  at this                                                              
time.                                                                                                                           
                                                                                                                                
3:31:57 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  PRUITT asked whether  the landowners  are supportive  of                                                              
the project.                                                                                                                    
                                                                                                                                
MR. CAREY  advised that Tyonek  Native Corporation will  provide a                                                              
letter of support, and discussions with CIRI are ongoing.                                                                       
                                                                                                                                
CO-CHAIR FOSTER  referred to section 1  of the bill and  asked how                                                              
the changes regarding procurement will help advance the dam.                                                                    
                                                                                                                                
3:33:39 PM                                                                                                                    
                                                                                                                                
MS. FISHER-GOAD  explained the  procurement section  of HB  103 is                                                              
not  focused  on   the  project,  but  addresses   AEA's  internal                                                              
processes as a state  corporation.  The purpose of  the section is                                                              
to give  AEA authority  - similar  to the  Alaska Housing  Finance                                                              
Corporation  (AHFC) - to  establish one  set of procurement  rules                                                              
for all of the  procurement processes with which  AEA is involved.                                                              
Currently AEA  operates under  AS 36.30, and  it also  handles the                                                              
procurement  of services  for its  work  with communities  through                                                              
grants.  The  intent is to allow  AEA to operate under  one set of                                                              
rules and adopt  regulations through a public process.   She noted                                                              
that  often  specific  procurement  plans are  established  for  a                                                              
large project such as this.                                                                                                     
                                                                                                                                
3:35:37 PM                                                                                                                    
                                                                                                                                
CHRIS RUTZ,  Procurement Officer,  Alaska Energy Authority  (AEA),                                                              
Department   of  Commerce,   Community   &  Economic   Development                                                              
(DCCED), informed  the committee he sought advice  from Montgomery                                                              
Watson  Alaska  (MW  Alaska),  Anchorage,   Alaska,  which  is  an                                                              
engineering   firm  assisting   with  the   project.     Regarding                                                              
procurement  plans  on  big  projects,  MW  Alaska  recommended  a                                                              
"qualifications-based  selection process," not a  standard low-bid                                                              
process.   Other models  discussed were  "partnering" and  "owner-                                                              
supplied  materials," in  which arrangements  are made in  advance                                                              
for  key components.   Mr.  Rutz opined  this project  would be  a                                                              
very  complex procurement  involving  analyzing risk,  determining                                                              
the   best   methods,   and   selecting   competent   contractors.                                                              
Furthermore,  the  legislature  will  probably  be  interested  in                                                              
securing jobs  for Alaskans through  contracts that  encourage the                                                              
use  of local  labor.   Regardless  of  whether  AEA is  operating                                                              
under AS  36.30 or its own  rules, there will be  many discussions                                                              
with  the  industry  on the  best  procurement  process  for  this                                                              
project.                                                                                                                        
                                                                                                                                
3:39:21 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE TUCK  asked  what  procurement  code was  used  for                                                              
the construction of the Bradley Lake Hydroelectric Project.                                                                     
                                                                                                                                
MR. RUTZ was unsure,  but added that the Bradley  Lake project was                                                              
built before the procurement code was established in 1988.                                                                      
                                                                                                                                
3:40:09 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 3:40 p.m. to 3:42 p.m.                                                                       
                                                                                                                                
3:42:13 PM                                                                                                                    
                                                                                                                                
The committee took a brief at-ease.                                                                                             
                                                                                                                                
3:43:33 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  PETERSEN has heard  concerns from legislators  and                                                              
constituents  that there  are more  salmon and  other fish  in the                                                              
area  than indicated  by  the interim  memorandum.   He  suggested                                                              
there  may  be   "push  back  from  fish   ...  environmental-type                                                              
groups."                                                                                                                        
                                                                                                                                
MS.  FISHER-GOAD  stated her  department  has received  a  request                                                              
from the  commissioner  of the Alaska  Department  of Fish  & Game                                                              
(ADFG)  and from  legislators asking  for  further information  on                                                              
fish   impacts,  and   she  reminded   the   committee  that   the                                                              
preliminary  permit  application   begins  the  analysis  process.                                                              
Federal licensing  agencies and  resource agencies will  determine                                                              
what needs  to be studied and  what additional habitat,  fish, and                                                              
game issues are to be addressed.                                                                                                
                                                                                                                                
BRIAN  BJORKQUIST, Senior  Assistant Attorney  General, Labor  and                                                              
State Affairs Section,  Civil Division (Anchorage),  Department of                                                              
Law  (DOL), added  that FERC  is  required to  work with  resource                                                              
agencies and  incorporate fish and  wildlife protections  into the                                                              
conditions of the license.                                                                                                      
                                                                                                                                
3:46:32 PM                                                                                                                    
                                                                                                                                
CO-CHAIR PRUITT asked  whether a business plan for  the project is                                                              
in place.                                                                                                                       
                                                                                                                                
MS. FISHER-GOAD  advised  that the project  will progress  through                                                              
several  stages of  analyses beginning  with  the application  for                                                              
the FERC  license, a financing  plan addressing the  utilities and                                                              
power sales agreements  (PSAs), and the discussion  of the state's                                                              
role regarding  its capital contributions  and issuing debt.   She                                                              
said,  "There's  a variety  of  places  that there'd  be  decision                                                              
points."                                                                                                                        
                                                                                                                                
3:48:18 PM                                                                                                                    
                                                                                                                                
CO-CHAIR PRUITT  clarified that he  wants to ensure that  a proper                                                              
plan is  in place to  get to the  end result, beyond  just knowing                                                              
the total cost.                                                                                                                 
                                                                                                                                
MS.  FISHER-GOAD   relayed  that   the  capital  project   request                                                              
included an  estimated schedule for  the steps that will  be taken                                                              
during  expenditure of  the $65  million allocation.   She  opined                                                              
the FERC  licensing process  and PSAs will  be completed  in about                                                              
five  years.   In  the  '80s, the  project  was  set aside  for  a                                                              
variety  of  reasons;  the  process  was  started  again  in  2008                                                              
because  of the state's  new goal  of 50  percent renewable  power                                                              
for electricity.                                                                                                                
                                                                                                                                
3:50:57 PM                                                                                                                    
                                                                                                                                
MR. BJORKQUIST  pointed out that the  time for a business  plan is                                                              
after the  issuance of  the FERC license,  and when  the utilities                                                              
are  prepared  to  execute  PSAs,  the  Regulatory  Commission  of                                                              
Alaska  (RCA)   is  prepared   to  approve   the  PSAs,   and  the                                                              
legislature is willing  to appropriate funds.   Further components                                                              
that  must  be  complete  prior  to  the  aforementioned  are  the                                                              
finalization of  PSAs, operating  and maintenance agreements,  and                                                              
plans   for  the   transmission   of  power.     Presently,   only                                                              
preliminary information can be provided.                                                                                        
                                                                                                                                
REPRESENTATIVE  SADDLER asked whether  hydro energy  is considered                                                              
renewable under a federal definition.                                                                                           
                                                                                                                                
3:53:20 PM                                                                                                                    
                                                                                                                                
MR.  BJORKQUIST  expressed  his  understanding  that  for  certain                                                              
federal  programs hydro  power is  not considered  renewable.   He                                                              
explained  that in  the Lower  48  energy is  available from  many                                                              
suppliers;  however, in  Alaska, the  only option  may be  between                                                              
hydro and diesel,  and that calls for "a completely  different ...                                                              
frame  of  reference."   In  further  response  to  Representative                                                              
Saddler, he said, "I couldn't tell you the specifics."                                                                          
                                                                                                                                
CO-CHAIR FOSTER  noted the  Alaska Power  Association is  urging a                                                              
change in  the federal definition.   He then asked  whether copies                                                              
of  legislators'   letters  to  AEA  regarding  fish   issues  are                                                              
available for the committee.                                                                                                    
                                                                                                                                
3:55:37 PM                                                                                                                    
                                                                                                                                
MS. FISHER-GOAD indicated yes.                                                                                                  
                                                                                                                                
CO-CHAIR  FOSTER  asked  Ms.  Fisher-Goad   to  elaborate  on  the                                                              
concerns  about HB  103 regarding  the expansion  of the scope  of                                                              
AEA's power.                                                                                                                    
                                                                                                                                
3:56:19 PM                                                                                                                    
                                                                                                                                
MS.  FISHER-GOAD  acknowledged  that  the  bill  provides  general                                                              
authority  for  AEA to  construct  and  own  new projects.    This                                                              
specific project would  be funded by a capital  appropriation in a                                                              
separate bill.   Although money to capitalize the  Alaska Railbelt                                                              
Energy Fund  would require  a legislative appropriation,  existing                                                              
law allows AEA  to issue grants and perform certain  tasks without                                                              
further  legislative appropriation.    Thus the  concern is  about                                                              
what authority  the legislature  wants agencies to  have regarding                                                              
expending funds.   For example,  the legislature has a  variety of                                                              
procedures  for funding,  such as the  Emerging Energy  Technology                                                              
Fund from  which AEA can issue  grants without further  authority,                                                              
and  the  Renewable  Energy  Grant   Recommendation  Program  that                                                              
requires AEA to  submit a list of projects to the  legislature for                                                              
funding.   The  proposed  language in  HB 103  is  similar to  the                                                              
procedure  of the  Emerging Energy  Technology  Fund, whereas  AEA                                                              
has "a  certain amount  of latitude  to spend  the funds,  without                                                              
further legislative  appropriation."  Ms. Fisher-Goad  pointed out                                                              
that there is no money in the fund at this time.                                                                                
                                                                                                                                
3:59:31 PM                                                                                                                    
                                                                                                                                
CO-CHAIR PRUITT  called attention  to section  8 of the  bill, and                                                              
suggested  there is  a misconception  that  creating a  subsidiary                                                              
may result in the subsidiary having additional powers.                                                                          
                                                                                                                                
MR. BJORKQUIST  assured the committee  that AEA can only  grant to                                                              
the subsidiary  powers that  it holds;  therefore, the  boundaries                                                              
of  the subsidiary  are the  same  as the  statutory authority  of                                                              
AEA.   Moreover,  AEA  can choose  to  grant  the subsidiary  less                                                              
power than it holds.                                                                                                            
                                                                                                                                
4:01:23 PM                                                                                                                    
                                                                                                                                
CO-CHAIR PRUITT  observed that AEA currently handles  other funds,                                                              
and  asked  for  clarification  that the  proposals  in  the  bill                                                              
address not  only the  low Watana  project, but  all AEA  funds in                                                              
the state.   Additionally,  he asked  for an  opinion on  the pros                                                              
and cons of limiting the legislation to the low Watana project.                                                                 
                                                                                                                                
MS. FISHER-GOAD  confirmed that  HB 103  provides AEA  the ability                                                              
to own and  construct new projects;  in fact, it is  important for                                                              
AEA to  return to its  pre-1993 status  in order to  pursue future                                                              
opportunities.   However, her agency should establish  criteria to                                                              
distinguish  between projects  that  require  different levels  of                                                              
ownership  by the  state, such  as those  in smaller  communities.                                                              
She expressed  her intent  to discuss with  AEA board  members how                                                              
to implement  the proposed expansion  of powers.   Ms. Fisher-Goad                                                              
reminded the  committee that  AEA does not  have funds  waiting be                                                              
invested into new  projects.  She cautioned that AEA  is unable to                                                              
act on  opportunities that arise  during interim, and  opined this                                                              
is a tool to reestablish AEA's programs and responsibilities.                                                                   
                                                                                                                                
4:06:43 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  PRUITT  asked how  this  affects the  Alaska  Industrial                                                              
Development  & Export  Authority  (AIDEA),  and whether  AEA  will                                                              
have   the  bonding   ability   to  establish   projects   without                                                              
legislative approval.                                                                                                           
                                                                                                                                
4:07:07 PM                                                                                                                    
                                                                                                                                
MS.  FISHER-GOAD explained  that AIDEA  and AEA  are separate  and                                                              
distinct corporations,  except for some staffing  issues, and that                                                              
the  board members  are  the same  people,  although it  is not  a                                                              
joint  board.    She  stressed   that  AEA  is  recognized  as  an                                                              
independent corporation  and retains  the ability to  issue bonds.                                                              
The idea  of whether AEA would  issue bonds and own  projects begs                                                              
the question of what would service the debt.                                                                                    
                                                                                                                                
4:08:49 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  FOSTER  announced  HB  103  was  held  over  for  public                                                              
testimony.                                                                                                                      

Document Name Date/Time Subjects
Susitna Hydroelectric Project Evaluation, 16 March 2009.pdf HENE 2/22/2011 3:00:00 PM
2009 Report Prepared for the Alaska Energy Authority
AEA Cost Comparison between 2009 and recent estimates for Susitna Hydroelectric Project, 23 February 2011.pdf HENE 2/22/2011 3:00:00 PM
AEA Cost Comparison, 23 February 2011