Legislature(2019 - 2020)CAPITOL 17

02/11/2020 10:15 AM House ENERGY

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Teleconference <Listen Only> --
*+ HB 232 MUNICIPAL TAX CREDITS TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 151 ELECTRIC RELIABILITY ORGANIZATIONS TELECONFERENCED
Heard & Held
**Streamed live on AKL.tv**
           HB 151-ELECTRIC RELIABILITY ORGANIZATIONS                                                                        
                                                                                                                                
10:30:33 AM                                                                                                                   
                                                                                                                                
CHAIR HOPKINS announced that the final order of business would                                                                  
be HOUSE BILL NO. 151, "An Act relating to the regulation of                                                                    
electric  utilities and  electric reliability  organizations; and                                                               
providing for an effective date."                                                                                               
                                                                                                                                
10:30:46 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE SPOHNHOLZ  moved to  adopt the  proposed committee                                                               
substitute (CS) for HB 151,  Version 31-LS0870\K, Klein, 2/10/20,                                                               
as the  working draft.  There  being no objection, Version  K was                                                               
before the committee.                                                                                                           
                                                                                                                                
10:31:10 AM                                                                                                                   
                                                                                                                                
JOE  HARDENBROOK,  Staff,  Representative Grier  Hopkins,  Alaska                                                               
State  Legislature,  presented HB  151  on  behalf of  the  House                                                               
Special  Committee on  Energy, sponsor,  on which  Representative                                                               
Hopkins  serves  as  chair.    He  paraphrased  from  a  prepared                                                               
overview statement, which read [original punctuation provided]:                                                                 
                                                                                                                                
     thank you  for the opportunity  to do a  quick overview                                                                    
     on  the  CS  for  House  Bill 151  and  to  update  the                                                                    
     committee  on some  of the  developments that  occurred                                                                    
     since  our last  meeting.     The  committee chair  and                                                                    
     committee  staff have  met  and engaged  constructively                                                                    
     with the leadership of the  Senate Special Committee on                                                                    
     the  Railbelt Electrical  System  to  continue to  hone                                                                    
     this  legislation,  while incorporating  feedback  from                                                                    
     the   Railbelt    utilities,   stakeholders,   consumer                                                                    
     advocates and local governments.                                                                                           
     Following our  joint committee meetings with  the other                                                                    
     body, The  Senate Special  Committee has  opened public                                                                    
     comment  on   the  bill,  and  they   have  heard  from                                                                    
     utilities,  stakeholders,  independent power  producers                                                                    
     and   community  leaders.     The   input  from   these                                                                    
     individuals  and organizations  continues to  guide our                                                                    
     efforts, as does constructive engagement with the RCA.                                                                     
     The CS  which the  committee has  adopted moves  SB 123                                                                    
     and HB  151 into alignment, reflecting  the most recent                                                                    
     draft  language vetted  by the  utilities, stakeholders                                                                    
     and  advocates.   The Regulatory  Commission will  meet                                                                    
     tomorrow to  review the  latest changes,  and hopefully                                                                    
     continue to endorse our efforts.                                                                                           
     For the information of the  committee, we have provided                                                                    
     in the bill packet the following items:                                                                                    
   • The latest version of the bill.                                                                                            
   • A sectional analysis detailing changes from the                                                                            
     previous version                                                                                                           
     At this  point, Mister Chairman,  I'd like to  walk the                                                                    
     committee  through the  changes  to the  bill from  our                                                                    
     previous CS.                                                                                                               
                                                                                                                                
10:32:31 AM                                                                                                                   
                                                                                                                                
MR. HARDENBROOK  paraphrased the Summary of  Changes [included in                                                               
members' packets]  to the proposed committee  substitute, Version                                                               
K,  of   proposed  HB  151,  which   read  [original  punctuation                                                               
provided]:                                                                                                                      
                                                                                                                                
     Throughout:    Changed   references   to  'bulk   power                                                                    
     system'  and  'interconnected  bulk  power  system'  to                                                                    
     'interconnected bulk electric system'                                                                                      
     Page 1, lines 1-5:  Redrafted   a    more   descriptive                                                                    
     title.                                                                                                                     
     Page 1, line 11:    Changed        'certified'       to                                                                    
     'certificated'.                                                                                                            
     Page 1, line11, to page 2, line 1:                                                                                         
     Added provision  specifying that  a group  of utilities                                                                    
     all  of  which  are  exempt as  municipal  entities  or                                                                    
     political  subdivisions of  the state  are exempt  from                                                                    
     the requirement to participate in an ERO.                                                                                  
     Page 2, line 4:          Changed      'certify'      to                                                                    
     'certificate'.                                                                                                             
     Page 2, line 5:          Changed      'certify'      to                                                                    
     'certificate'.                                                                                                             
     Page 2, lines 7-8:  Restructured   to    separate   the                                                                    
     provisions  for  applications  and  approval  from  the                                                                    
     requirements  an ERO  must demonstrate  in order  to be                                                                    
     approved.                                                                                                                  
     Page 2, line 24:    Changed 'be' to 'is'.                                                                                  
     Page 3, lines 2-4:  Added requirement  for the  RCA to,                                                                    
     once  regulations are  written and  bill is  in effect,                                                                    
     notify the  load-serving entities  in a system  that an                                                                    
     ERO is required.                                                                                                           
     Page 3, line 5:     Added   'and   certificate'   after                                                                    
     'form' to  clarify an ERO  formed by the RCA  also must                                                                    
     be certificated.                                                                                                           
     Page 3, lines 5-12: Restructured  provisions  directing                                                                    
     the RCA to form an  ERO. The previous bill required the                                                                    
     RCA to form an  ERO if no one had applied  to be an ERO                                                                    
     within  three   months.  The  CS  applies   the  notice                                                                    
     requirement  in (d)  on page  2; once  notice has  been                                                                    
     given, the RCA  will form an ERO is no  one has applied                                                                    
     to be an ERO after 90  days. If someone has applied but                                                                    
     the RCA has  not certified an ERO within  270 days, the                                                                    
     RCA shall form an ERO.                                                                                                     
     Page 3, lines 13-17:     Provides  a  process  for  the                                                                    
     RCA to  waive the need for  a given network to  have an                                                                    
     ERO.                                                                                                                       
     Page 3, lines 20-22:     Emphasizes  that   all  users,                                                                    
     owners and  operators of an interconnected  system must                                                                    
     comply with standards; this  includes entities that are                                                                    
     otherwise exempt from RCA regulation.                                                                                      
     Page 3, line 24:    Changes 'adopted'  to 'approved' to                                                                    
     conform.                                                                                                                   
     Page 3, line 27:    Technical  change to  the structure                                                                    
     of (g).                                                                                                                    
     Page 4, lines 2-3:  Prohibits   standards  from   being                                                                    
     designed   with  the   intent   to  require   enlarging                                                                    
     facilities or new construction.                                                                                            
     Page 4, line 5:     Clarifies that  the commission must                                                                    
     give public notice and hold  a hearing before acting on                                                                    
     a  reliability  standard filed  by  the  ERO. Adds  'or                                                                    
     reject' after 'approve'.                                                                                                   
     Page 4, lines 9-16: Lays  out the  new process  the RCA                                                                    
     must undertake to modify a  standard. The RCA must give                                                                    
     the ERO an opportunity to modify the standard.                                                                             
     Page 4, line 16:    Removes  "A  proposed  standard  or                                                                    
     modification   takes  effect   upon  approval   by  the                                                                    
     commission"  as   redundant  to  existing   RCA  tariff                                                                    
     statues.                                                                                                                   
     Page 5, lines 4-5:  Clarifies  that  penalties  imposed                                                                    
     by  the ERO  can be  appealed  to and  reviewed by  the                                                                    
     commission.                                                                                                                
     Page 5, line 11:    Conforms    to   new    subsections                                                                    
     enabling penalties.                                                                                                        
     Page 6, line 1:     Removed  a provision  that the  RCA                                                                    
     may require  an ERO to  obtain a certificate  of public                                                                    
     convenience  and necessity  (CPCN). An  ERO is  already                                                                    
     required to  have a  CPCN under  Sec. 42.05.292  (b) on                                                                    
     page 2.                                                                                                                    
     Page 6, line 7:     Changes   'electric   utility'   to                                                                    
     'load-serving entity' to conform with defined terms.                                                                       
     Page 6, line 9:     Deletes  requirement  to  'prepare'                                                                    
     before  'file'. Specifies  that an  integrated resource                                                                    
     plan  must be  filed with  the  RCA as  a petition  for                                                                    
     approval.                                                                                                                  
     Page 6, line 11:    Changes   'most    cost   effective                                                                    
     manner'  to 'in  a  manner that  provides the  greatest                                                                    
     value.'                                                                                                                    
    Page 6, line 15:    Adds   battery   storage   to   the                                                                     
     options an integrated resource plan should consider.                                                                       
                                                                                                                                
                                                                                                                                
10:37:33 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE SPOHNHOLZ  referenced the changes on  page 6, line                                                               
11,  and  asked whether  there  was  a definition  for  "greatest                                                               
value."                                                                                                                         
                                                                                                                                
MR.  HARDENBROOK replied  that  he would  research that  specific                                                               
definition.     He  explained  that  the   change  resulted  from                                                               
discussions with  the utilities  and stakeholder groups  that the                                                               
highest  standard  to be  considered  should  not be  the  bottom                                                               
dollar but,  instead, the greatest  value that could  be provided                                                               
to the consumer through increased  reliability or geo location of                                                               
an asset  that would make it  more secure for serving  a specific                                                               
community.                                                                                                                      
                                                                                                                                
CHAIR HOPKINS  reported that there  had also been  discussion for                                                               
types of  fuel stock and ability  for new technology to  come on-                                                               
line.   He noted  that the  RCA should not  be making  a singular                                                               
reason for approval based on the lowest cost.                                                                                   
                                                                                                                                
REPRESENTATIVE SPOHNHOLZ  asked to  underscore her  concerns that                                                               
reliability  often means  redundancy which  can often  cost more.                                                               
She  expressed her  desire for  caution in  order to  protect the                                                               
ratepayers  when  moving  forward,  which  could  sometimes  mean                                                               
making  choices  that  did  not  involve  the  creation  of  more                                                               
redundancy.                                                                                                                     
                                                                                                                                
MR. HARDENBROOK  reiterated that he would  research the technical                                                               
definition for "greatest value."                                                                                                
                                                                                                                                
10:40:24 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  FIELDS declared  his  support for  the change  to                                                               
"greatest  value."   He asked  about review  of the  transmission                                                               
line and offered his belief that  page 7, line 21 through page 8,                                                               
line 6 addressed  and clarified approval for the  project and not                                                               
engagement in micromanagement for  exactly where the transmission                                                               
line would be sited.                                                                                                            
                                                                                                                                
MR.  HARDENBROOK  replied that  the  work  on the  proposed  bill                                                               
reflected an  attempt to avoid  some of the stumbling  blocks and                                                               
pitfalls that  had been encountered when  other jurisdictions had                                                               
interconnected their  utilities.  He  noted that there  were some                                                               
specific regulations  by local governments that  determined "what                                                               
color the  power lines  and power  poles can be."   He  said that                                                               
this  language had  been added  to give  the utilities  assurance                                                               
that the RCA would not micromanage to that level.                                                                               
                                                                                                                                
REPRESENTATIVE   FIELDS  noted   that  Kodiak   had  outperformed                                                               
Anchorage  for utility  costs  with  its use  of  batteries.   He                                                               
expressed his support for maintaining  the RCA backstop authority                                                               
to  establish an  ERO, declaring  that it  was important  to have                                                               
that accountability.                                                                                                            
                                                                                                                                
10:42:37 AM                                                                                                                   
                                                                                                                                
MR.  HARDENBROOK shared  the  last few  changes  to the  proposed                                                               
bill, which included [original punctuation provided]:                                                                           
                                                                                                                                
                                                                                                                                
     Page 8, line 13:    Increases  the  length of  a  high-                                                                    
     voltage,   above-ground  transmission   line  requiring                                                                    
     project pre-approval from 5 to 10 miles.                                                                                   
     Page 8, lines 14-16:     Separates         high-voltage                                                                    
     submarine  or  underground   cables  from  above-ground                                                                    
     lines  and  requires  pre-approval  if  longer  than  3                                                                    
     miles.                                                                                                                     
     Page 8, lines 17-22:     Adds,  to  projects  requiring                                                                    
     pre-approval,  energy  storage   devices  and  reactive                                                                    
     compensation devices. Definitions are renumbered.                                                                          
                                                                                                                              
     Page 9, line 20:    Updates the  date by the  which the                                                                    
     RCA must adopt regulations to July 1, 2021.                                                                                
     Page 9, line 25:    Updates the  effective date  of the                                                                    
     bill to July 1, 2021.                                                                                                      
                                                                                                                                
10:43:37 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  FIELDS asked  whether  the 15-megawatt  threshold                                                               
applied to pre-approval of energy storage devices, as well.                                                                     
                                                                                                                                
MR. HARDENBROOK replied, "I'll get back to you on that."                                                                        
                                                                                                                                
CHAIR  HOPKINS  announced  that   there  would  still  be  public                                                               
testimony before  moving the proposed  bill forward.   He pointed                                                               
out  that this  work had  been an  on-going effort  for about  40                                                               
years.                                                                                                                          
                                                                                                                                
MR. HARDENBROOK  explained that the  Senate Special  Committee on                                                               
the Railbelt Electrical  System would meet on February  12 and 14                                                               
and continue to take invited and public testimony with the                                                                      
potential of adopting a further CS.                                                                                             
                                                                                                                                
10:45:06 AM                                                                                                                   
                                                                                                                                
CHAIR HOPKINS announced that HB 151 was held over.                                                                              

Document Name Date/Time Subjects
2020-02-06 - HB 232 ASHBA Letter of Support.pdf HENE 2/11/2020 10:15:00 AM
HL&C 3/2/2020 3:15:00 PM
HB 232
2020-02-06 - HB 232 Fiscal Note - Version U.pdf HENE 2/11/2020 10:15:00 AM
HL&C 3/2/2020 3:15:00 PM
HB 232
2020-02-10 - HB 232 Sectional Analysis.pdf HENE 2/11/2020 10:15:00 AM
HL&C 3/2/2020 3:15:00 PM
HB 232
2020-02-11 - HB 232 AML Letter.pdf HENE 2/11/2020 10:15:00 AM
HL&C 3/2/2020 3:15:00 PM
HB 232
2020-02-10 - HB 232 Sponsor Statement - FINAL.pdf HENE 2/11/2020 10:15:00 AM
HL&C 3/2/2020 3:15:00 PM
HB 232
2020-02-11 - CS for HB 151 version K.pdf HENE 2/11/2020 10:15:00 AM
HB 151
2020-02-11 - HB 151 Summary of Changes U to Workdraft K.pdf HENE 2/11/2020 10:15:00 AM
HB 151
2020-02-10 - HB 232 FNSB Letter of Support.pdf HENE 2/11/2020 10:15:00 AM
HL&C 3/2/2020 3:15:00 PM
HB 232