Legislature(2003 - 2004)

03/02/2004 01:55 PM House FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
HOUSE BILL NO. 495                                                                                                            
                                                                                                                                
     An Act relating to the four dam pool joint action                                                                          
     agency; and providing for an effective date.                                                                               
                                                                                                                                
Co-Chair  Harris  MOVED  to adopt  work  draft  version  #23-                                                                   
LS168\H, Craver,  3/2/02, as the  version of the  legislation                                                                   
before  the Committee.    There being  NO  OBJECTION, it  was                                                                   
adopted.                                                                                                                        
                                                                                                                                
PETE  ECKLUND, STAFF,  REPRESENTATIVE  BILL WILLIAMS,  stated                                                                   
that the  main purpose  of HB  495 is to  allow the  Four Dam                                                                   
Pool Power Agency (FDPPA), the  first agency formed under the                                                                   
statute  allowing  the  joint   action  agencies  (JAA's)  to                                                                   
refinance  approximately a  $73 million  dollar loan  owed to                                                                   
the  Alaska  Industrial  Development   and  Export  Authority                                                                   
(AIDEA).                                                                                                                        
                                                                                                                                
Mr. Ecklund  stated that  HB 495  would clarify existing  JAA                                                                   
statute to explicitly defined  that joint action agencies are                                                                   
political  subdivisions  of  the  State for  the  purpose  of                                                                   
securities law.   That  action is necessary  if the  Four Dam                                                                   
Pool Power Agency  (FDPPA) is to avoid certain  expensive and                                                                   
damaging   hurdles  having   to  do   with  registration   of                                                                   
securities under  bond sale  circumstances.  The  legislation                                                                   
also allows the agency to mortgage  the Four Dam Pool assets.                                                                   
The assets are presently mortgaged to AIDEA.                                                                                    
                                                                                                                                
The   legislation    re-states   the   important    principal                                                                   
established by the Legislature  that the Four Dam Pool assets                                                                   
might  not be  sold  to a  party  outside the  FDPPA  without                                                                   
legislative approval.   It does  clarify that  mortgaging the                                                                   
assets or  a foreclosure, under  the terms of  that mortgage,                                                                   
would not constitute a sale under  the restriction, providing                                                                   
that certain requirements are met.                                                                                              
                                                                                                                                
                                                                                                                                
TAPE HFC 04 - 38, Side B                                                                                                      
                                                                                                                                
                                                                                                                                
Mr. Ecklund pointed out that when  the refinancing occurs and                                                                   
the  AIDEA loan  is retired,  the  State and  consumers in  a                                                                   
large part of Alaska would benefit by:                                                                                          
                                                                                                                                
     ·    Allowing the FDPPA to return approximately $73                                                                        
          million dollars to AIDEA for other uses; and                                                                          
     ·    Helping consumers of Four Dam Pool power by                                                                           
          lowering interest rates and administrative costs                                                                      
          associated with the acquisition.                                                                                      
                                                                                                                                
Co-Chair  Harris asked  if the  legislation  would allow  JAA                                                                   
bonding agency  to go out and  get financing or bonding  at a                                                                   
lower  rate  than  they are  currently  getting  from  AIDEA,                                                                   
making them "out from under the  State's ownership umbrella".                                                                   
He thought that  savings could be passed on  to the consumer.                                                                   
Mr. Ecklund agreed.   The purpose is to allow  refinancing at                                                                   
a lower rate.  They, currently, are paying AIDEA, 6.5%.                                                                         
                                                                                                                                
Co-Chair Harris inquired what the "downside" could be.                                                                          
                                                                                                                                
TOM  LOUVAS, CHIEF  EXEUCTIVE  OFFICER, FOUR  DAM POOL  JOINT                                                                   
ACTION AGENCY (JAA), ANCHORAGE,  explained that the intent is                                                                   
to be  able to go  into the open  market, issue  a tax-exempt                                                                   
debt and pay off  or refinance the existing AIDEA  loan.  The                                                                   
proceeds  would be  a cash infusion  to the  State of  Alaska                                                                   
through AIDEA  and would allow  a lower debt service  rate on                                                                   
an  annualized basis.   Estimates  range upwards  from $1  to                                                                   
$1.5 million dollars  per year in revenue requirements.   The                                                                   
reduction in debt service costs  would flow to the benefit of                                                                   
the ratepayers,  jointly participating  in the Four  Dam Pool                                                                   
Power Agency.                                                                                                                   
                                                                                                                                
Mr. Louvas listed points for refinancing:                                                                                       
                                                                                                                                
     ·    Reducing annual debt service costs for owning and                                                                     
          operating the units;                                                                                                  
     ·    Removing certain operating restrictions that the                                                                      
          Agency faces; and                                                                                                     
     ·    Providing more financial flexibility into the                                                                         
          future.                                                                                                               
                                                                                                                                
Mr. Louvas noted that the intent  of the Board indicates that                                                                   
the  lower interest  rate could  be passed  on to  ratepayers                                                                   
after the adjustment.                                                                                                           
                                                                                                                                
Co-Chair Harris asked  if an agreement had been  reached from                                                                   
all four utilities.  Mr. Louvas  stated that the participants                                                                   
in the power  agency are the cooperatives of  Kodiak Electric                                                                   
Association,  Copper Valley  Electric  Association and  three                                                                   
municipalities,  Ketchikan,  Wrangell  and Petersburg.    The                                                                   
Board of Directors  has been informed of the  proposed action                                                                   
and they "strongly" support it.                                                                                                 
                                                                                                                                
Vice Chair Meyer  noted that the current rate  with AIDEA was                                                                   
6.85%.   Mr. Louvas reported that  they think they can  get a                                                                   
4.8% - 4.9%  rate for an  insured issuance, which would  be a                                                                   
significant  interest  reduction  during a  twenty-five  year                                                                   
borrow.  Mr.  Louvas understood from information  provided by                                                                   
AIDEA that  there had been  a recent AIDEA  issue at 5%.   He                                                                   
emphasized that time is of the  essence when dealing with the                                                                   
interest market.                                                                                                                
                                                                                                                                
Vice Chair  Meyer inquired  if they  could refinance  through                                                                   
AIDEA.                                                                                                                          
                                                                                                                                
BOB LERESCHE,  FINANCIAL ADVISOR, FOUR DAM POOL  JOINT ACTION                                                                   
AGENCY,  JUNEAU, noted  that the  agency had  asked AIDEA  if                                                                   
they  could  refinance  and  AIDEA   was  not  willing.    An                                                                   
additional reason  for going outside  AIDEA is that  it would                                                                   
allow moving  outside present restrictions  of the loan.   He                                                                   
emphasized  that they  are "properly"  strict.  Mr.  LeResche                                                                   
pointed out that it represents  an actual financial cost.  At                                                                   
present time, there is $30 million  dollars in reserved funds                                                                   
invested in  securities earning 2%,  while at the  same time,                                                                   
paying 6.5% on that to AIDEA.   That amount adds up to $1.2 -                                                                   
$1.4 million dollars per year for those restrictions.                                                                           
                                                                                                                                
Vice Chair Meyer understood that  this was one of the "better                                                                   
loans that  AIDEA had  made" and he  thought that  they would                                                                   
regret loosing it.                                                                                                              
                                                                                                                                
Representative Fate  noted that AIDEA distributes  a dividend                                                                   
that involves Power Cost Equalization  (PCE) funds with about                                                                   
$3  million  dollars accruing  in  interest  off of  the  $73                                                                   
million  dollars.   He asked  what  would happen  if the  $73                                                                   
million dollars  went to  AIDEA and was  not directed  to the                                                                   
full benefit of PCE.                                                                                                            
                                                                                                                                
RON  MILLER,   (TESTIFIED   VIA  TELECONFERENCE),   EXECUTIVE                                                                   
DIRECTOR,   ALASKA   INDUSTRIAL    DEVELOPMENT   AND   EXPORT                                                                   
AUTHORITY,  (AIDEA),  ANCHORAGE,  introduced  Ms.  Goade  and                                                                   
requested that she answer questions of the Committee.                                                                           
                                                                                                                                
SARAH  FISHER-GOADE, (TESTIFIED  VIA TELECONFERENCE),  ALASKA                                                                   
ENERGY AUTHORITY  (AEA) &  ALASKA INDUSTRIAL DEVELOPMENT  AND                                                                   
EXPORT  AUTHORITY (AIDEA),  ANCHORAGE,  noted  that there  is                                                                   
confusion  regarding the  relationship between  the Four  Dam                                                                   
Pool  and  the  PCE  program.   Proceeds  of  the  sale  were                                                                   
deposited  into the PCE  endowment; there  was no  additional                                                                   
anticipation that extra funds  would go to the PCE endowment.                                                                   
                                                                                                                                
Representative Fate  asked if there would be  no more accrual                                                                   
and if then, the endowment would  "dry up".  Ms. Fisher-Goade                                                                   
explained that the  Four Dam Pool was an asset  of AEA.  When                                                                   
the project was  sold, the proceeds then went  to another AEA                                                                   
program through  the PCE endowment.   That loan  was financed                                                                   
through AIDEA.   If there  were a pay-off  of the  loan, that                                                                   
would   become  AIDEA   funds.    There   is  no   additional                                                                   
relationship to the PCE program at this point.                                                                                  
                                                                                                                                
Co-Chair Harris noted that when  the Four Dam Pools were sold                                                                   
to  the utilities,  some  of that  money  went  into the  PCE                                                                   
endowment fund.   The State uses a portion  of those earnings                                                                   
to fund  PCE, subsidized  with general funds  to make  up the                                                                   
roughly $15 million  dollar expenditure.  The  money spent on                                                                   
PCE comes from two sources, earning  of the PCE endowment and                                                                   
the general  fund.   The intent  was for the  PCE fund  to be                                                                   
large enough to  fund PCE.  He advised that has  not yet been                                                                   
the case  and that  it is usually  subsidized each  year with                                                                   
general funds.                                                                                                                  
                                                                                                                                
BRIAN  BJORKQUIST, (TESTIFIED  VIA TELECONFERENCE),  ASSITANT                                                                   
ATTORNEY GENERAL,  DEPARTMENT OF  LAW, ANCHORAGE,  offered to                                                                   
answer questions of the Committee.                                                                                              
                                                                                                                                
ERIC   YOULD,  (TESTIFIED   VIA  TELECONFERENCE),   EXECUTIVE                                                                   
DIRECTOR,  ALASKA POWER ASSOCIATION  (APA), REPRESENTING  THE                                                                   
ELECTRIC UTILITY INDUSTRY IN THE  STATE OF ALASKA, ANCHORAGE,                                                                   
spoke  in  strong support  of  HB  495.  He stated  that  the                                                                   
legislation  would help to  lower rates  to the consumers  of                                                                   
the  Four Dam  Pool.   He  clarified  that  any financing  or                                                                   
easing of  debt of  the Four  Dam Pool  agency would  have no                                                                   
impact on the Power Cost Equalization  Program.  The proceeds                                                                   
from the sale of  the Four Dam Pool have already  gone into a                                                                   
trust fund for  PCE along with $100 million  dollars from the                                                                   
Constitutional  Budget Reserve  (CBR)  distributed two  years                                                                   
ago.   The combination  of those  two make  up a trust  fund,                                                                   
which added with  some general funds, comprise  roughly $15.7                                                                   
million dollars  for Power Cost Equalization.   He reiterated                                                                   
that APA strongly supports the proposed bill.                                                                                   
                                                                                                                                
Representative Foster MOVED to  report CS HB 495 (FIN) out of                                                                   
Committee  with   individual  recommendations   and  attached                                                                   
fiscal note.                                                                                                                    
                                                                                                                                
Representative  Croft OBJECTED for  a comment.   He indicated                                                                   
that of all the bills addressing  the Four Dam Pool, this one                                                                   
is  the  best   one.    Representative  Croft   WITHDREW  his                                                                   
OBJECTION, and the bill moved from Committee.                                                                                   
                                                                                                                                
CS HB  495 (FIN)  was reported  out of  Committee with  a "do                                                                   
pass"  recommendation  and  with  a  new  zero  note  by  the                                                                   
Department of Community & Economic Development.                                                                                 
                                                                                                                                

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