Legislature(2005 - 2006)HOUSE FINANCE 519

03/16/2006 01:30 PM House FINANCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ HB 176 ELIMINATE DAYLIGHT SAVING TIME TELECONFERENCED
Scheduled But Not Heard
+ HB 271 LIMIT OVERTIME FOR REGISTERED NURSES TELECONFERENCED
Scheduled But Not Heard
+ HB 441 THERAPEUTIC COURT FOR DUI/SENTENCING TELECONFERENCED
Moved CSHB 441(FIN) Out of Committee
+ SB 157 REG. COST CHARGES: UTILITIES/PIPELINES TELECONFERENCED
Moved HCS CSSB 157(FIN) Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 478 MUNICIPAL HARBOR FACILITY GRANTS TELECONFERENCED
Heard & Held
CS FOR SENATE BILL NO. 157(FIN)                                                                                             
                                                                                                                              
"An  Act  relating  to  the  maximum  annual  regulatory  cost                                                                  
charge collected  from certain regulated public  utilities and                                                                  
pipeline carriers  and to public utility liability  associated                                                                  
with operating  certain transmission lines under  a Regulatory                                                                  
Commission    of   Alaska    order   for    joint   use    and                                                                  
interconnection; and providing for an effective date."                                                                          
                                                                                                                                
Representative  Stoltze   MOVED  to   ADOPT  Work  Draft   24-                                                                  
GS1138\I,  Wayne,  3/8/06.   There  being  NO  OBJECTION,  the                                                                  
Committee Substitute was ADOPTED.                                                                                               
                                                                                                                                
1:57:24 PM                                                                                                                    
                                                                                                                                
KATE GIARD,  CHAIR, REGULATORY COMMISSION OF  ALASKA testified                                                                  
regarding  the  bill.    She indicated  that  the  bill  would                                                                  
provide   a   funding   mechanism   for   the   purchase   and                                                                  
implementation  of data  systems  that  would allow  regulated                                                                  
utilities and pipeline companies  in Alaska access to a secure                                                                  
web-based RCA  portal, through which  all day to  day business                                                                  
transactions could  be performed electronically.   The project                                                                  
was  valuated by  a  user utility  committee  and underwent  a                                                                  
public process  with the RCA  in 2004/05, and is  supported by                                                                  
utilities  companies as  a positive  move  for the  regulatory                                                                  
environment  in the  State.   She  noted that  the bill  would                                                                  
increase utility  cost for consumers  by approximately  $1 per                                                                  
year,  since the  costs were  spread  over a  very large  rate                                                                  
base.  She  requested that the Committee pass  the legislation                                                                  
as a good policy for Alaska.                                                                                                    
                                                                                                                                
Representative Hawker     asked about the AIDEA  receipts as a                                                                  
funding  source.   Ms. Gaird  noted that  these were  actually                                                                  
Regulatory Cost Charge (RCC)  receipts.  Representative Hawker                                                                  
proposed  that  the fiscal  note  be  changed to  reflect  the                                                                  
correction in the funding source.                                                                                               
                                                                                                                                
Vice-Chair Meyer opened the floor to public testimony.                                                                          
                                                                                                                                
TED  MONINSKI,   DIRECTOR  OF   REGULARTORY  AFFAIRS,   ALASKA                                                                  
COMMUNICATION  SYSTEMS,  testified  via  teleconference.    He                                                                  
noted  that ACS  was supportive  of  RCA plans  to update  its                                                                  
internal case  management systems,  and strongly  supports its                                                                  
plans to create  an electronic filing capability  and enhanced                                                                  
searchable data system.                                                                                                         
                                                                                                                                
2:00:49 PM                                                                                                                    
                                                                                                                                
Mr. Moninski noted  his experience in the  field, representing                                                                  
public utilities  before the  RCA, and  stressed the  value of                                                                  
automating  the operations  of  these agencies.   He  outlined                                                                  
ACS's  experience  with  the  Federal  Communications  System,                                                                  
implementing tools for efficiency  such as its EDOC system and                                                                  
various searchable data bases.   He proposed that such systems                                                                  
would ultimately pass benefits on to utility customers.                                                                         
                                                                                                                                
2:02:12 PM                                                                                                                    
                                                                                                                                
Mr.  Moninski also  expressed  concern  about whether  certain                                                                  
modules  of  the  system  would  not  be  implemented  if  not                                                                  
adequately  funded.     He  noted   the  importance   of  such                                                                  
efficiency   tools,   while   acknowledging  the   impact   on                                                                  
consumers,  and  the  importance  to  carefully  evaluate  any                                                                  
increased rates.   ACS recommended  that that  Legislature and                                                                  
RCA work  together to ensure  a real  rate of return  on rate-                                                                  
payers'  investment.    He  proposed  that  once  the  funding                                                                  
increased over  a two year period  - and stated support  of an                                                                  
increase  of the  RCA  cap to  $1.9  for two  years  - it  may                                                                  
generate an  amount of  funding that  allowed consumers  to be                                                                  
refunded  rate increases.   He urged  legislators to  consider                                                                  
this forward thinking legislation.                                                                                              
                                                                                                                                
2:04:17 PM                                                                                                                    
                                                                                                                                
BILL SAUPE,  AT&T ALASCOM, testified  via teleconference.   He                                                                  
stated  that he  has worked  with  the Anchorage  law firm  of                                                                  
Ashburn and  Mason, representing utility companies  before the                                                                  
RCA since  1985.   He stated that  AT&T Alascom  believed that                                                                  
the  proposed  $3  million increase  in  the  Regulatory  Cost                                                                  
Charge  was the  most reasonable  means to  upgrade the  RCA's                                                                  
computer systems.                                                                                                               
                                                                                                                                
Mr. Saupe  noted their understanding  that the funds  would be                                                                  
administered  by  a  users  committee,  made  up  of  a  broad                                                                  
spectrum   of    utility   industry   and    public   interest                                                                  
representatives.    The  committee  would work  to  create  an                                                                  
improved computer system  to allow for a searchable  data base                                                                  
as well as other improvements  to the agency's efficiency, and                                                                  
quality of its orders.  He also  surmised that it would save a                                                                  
great  deal of  money in  terms of  time savings.   He  raised                                                                  
concern that if  implemented in stages, there was  a risk that                                                                  
some aspects would  not be completed.  He  also suggested that                                                                  
any surplus would be passed back  to the consumers in savings.                                                                  
He proposed  that they  ensure that  Regulatory Commission  of                                                                  
Alaska increase be sufficient  to provide adequate funding for                                                                  
the entire project developed by the user committee.                                                                             
                                                                                                                                
2:07:27 PM                                                                                                                    
                                                                                                                                
DAN DIECKGRAEFF,  TREASURER AND MANAGER OF  FINANCE AND RATES,                                                                  
ENSTAR  NATIONAL GAS  COMPANY,  testified via  teleconference.                                                                  
He noted his  experience with the company and  the spectrum of                                                                  
his company's service in Alaska.                                                                                                
                                                                                                                                
2:09:21 PM                                                                                                                    
                                                                                                                                
Mr.  Dieckgraeff  stated  that   Enstar  supported  the  RCA's                                                                  
initiative to  update its information  systems and to  fund it                                                                  
with the  proposed two-year limited  increase in the RCC.   He                                                                  
indicated the  advantages for  the utility companies,  such as                                                                  
tracking  of  cases  and cost  of  cases,  making  information                                                                  
available  faster  and  easier,  and savings  in  storage  and                                                                  
filing.     He  concluded  that   it  was  important   to  his                                                                  
corporation that  RCA have the  necessary funding  to complete                                                                  
all aspects of the project.                                                                                                     
                                                                                                                                
2:10:54 PM                                                                                                                    
                                                                                                                                
Mr. Dieckgraeff recounted a  recently completed project during                                                                  
which historical information had  been added into a data base,                                                                  
similar to the  system proposed by the Commission.   He stated                                                                  
his belief that this would be a very helpful system.                                                                            
                                                                                                                                
2:11:39 PM                                                                                                                    
                                                                                                                                
JIM  POSEY,  MANAGER,  ANCHORAGE MUNICIPAL  LIGHT  AND  POWER,                                                                  
ANCHORAGE, testified  in support  of the bill.   He  noted the                                                                  
complicated nature  of dealings  with the Commission  in terms                                                                  
of  filing  documents  and information.    He  confirmed  that                                                                  
having  a  simultaneous  filing of  information  would  enable                                                                  
communication  with regulators, noting  that recent  filing of                                                                  
information  had decreased the  amount of  time spent  in such                                                                  
endeavors.                                                                                                                      
                                                                                                                                
2:14:43 PM                                                                                                                    
                                                                                                                                
JIM ROWE,  EXECUTIVE DIRECTOR,  ALASKA TELEPHONE  ASSOCIATION,                                                                  
testified  via teleconference  in support  of the increase  in                                                                  
the  RCC   charge  for  the   reasons  outlined   by  previous                                                                  
testimony.                                                                                                                      
                                                                                                                                
Mr. Rowe noted that in rural  areas, the FCC electronic filing                                                                  
has saved  a great deal  of time.   He suggested that  for the                                                                  
Regulatory  Commission of  Alaska  to have  the  same type  of                                                                  
filing system would be of similar  benefit.  He noted that all                                                                  
of his directors  supported the legislation for  its potential                                                                  
increase in efficiency.  He read  a note from an employee with                                                                  
Matanuska  Telephone Association.   The  letter expressed  the                                                                  
lessening burden of filing through  new FCC electronic system,                                                                  
but  asked about  the extent  of  document filing.   Mr.  Rowe                                                                  
concluded  that such efficiency  would  pass along savings  to                                                                  
customers.                                                                                                                      
                                                                                                                                
2:18:23 PM                                                                                                                    
                                                                                                                                
Representative Stoltze  asked whether  there was a  point when                                                                  
accumulated regulatory  charges might comprise more  than half                                                                  
of a service  rate, and if in such cases  this might represent                                                                  
a concern of public policy.                                                                                                     
                                                                                                                                
Mr.  Rowe  acknowledged that  half  of  the companies  in  his                                                                  
membership   were  cooperatives,   and  were  experiencing   a                                                                  
significant amount  of service charges.  He  acknowledged that                                                                  
these breakout  charges were not  formerly seen on  bills, but                                                                  
that total customer charges may not actually have increased.                                                                    
                                                                                                                                
2:19:36 PM                                                                                                                    
                                                                                                                                
He  acknowledged that  network  access fees  had been  reduced                                                                  
recently  at  the  request  of cooperatives.    He  noted  the                                                                  
perception that some  local phone calls were  "free", and that                                                                  
in fact charges were sometimes not what they appeared.                                                                          
                                                                                                                                
2:21:01 PM                                                                                                                    
                                                                                                                                
Representative Stoltze    noted  the  improvements   in  phone                                                                  
charges.                                                                                                                        
                                                                                                                                
There  being no  further  public testimony,  Vice-Chair  Meyer                                                                  
closed public testimony.                                                                                                        
                                                                                                                                
Representative Kerttula   asked regarding Sections  3 and 6 of                                                                  
the bill,  regarding retroactivity and liability  for damages.                                                                  
She  wished to  ensure that  she did  not have  a conflict  of                                                                  
interest,  since her family  had a  current law suit  pending.                                                                  
Ms. Gaird  confirmed that  the retroactivity  only deals  with                                                                  
damages after December 1, 2004.                                                                                                 
                                                                                                                                
2:22:40 PM                                                                                                                    
                                                                                                                                
Representative Kerttula   asked if  the state of  Alaska would                                                                  
become liable if damages were awarded.                                                                                          
                                                                                                                                
Ms.  Giard  explained  that  the  amendment  resulted  from  a                                                                  
Regulatory  Commission  of  Alaska   order  requiring  MEA  to                                                                  
provide  service  to  the Alaska  intertie  in  the  Matanuska                                                                  
valley.   She explained that the  MEA was the only  utility in                                                                  
this  area  using  its  own  facilities  to  provide  its  own                                                                  
intertie service.  The RCA ordered  the utility to provide the                                                                  
service at 138  kilovolts, and the utility's design  was for a                                                                  
lower power production  level. She proposed  that this section                                                                  
of the  bill was  in the public  interest, because  it exempts                                                                  
MEA from  liability should  any harm  result from  running the                                                                  
line at this reduced level.                                                                                                     
                                                                                                                                
2:24:23 PM                                                                                                                    
                                                                                                                                
Representative Kerttula   followed up and Ms.  Giard confirmed                                                                  
that  the  state  of Alaska  has  assumed  liability  for  any                                                                  
plaintiff damages.                                                                                                              
                                                                                                                                
Representative  Kertulla wished  to ensure  that no  sovereign                                                                  
unity or  waiver would be put  forward.  Ms. Giard  noted that                                                                  
the bill  had been evaluated  by Legislative Budget  and Audit                                                                  
and the  Attorney General's office  when it had been  heard in                                                                  
Senate  Finance the  previous year.   She noted  that at  that                                                                  
time,  no discussion  occurred  around  the  possibility of  a                                                                  
plaintiff not being able to seek recovery.                                                                                      
                                                                                                                                
2:25:20 PM                                                                                                                    
                                                                                                                                
Representative Kerttula   expressed  her dissatisfaction  with                                                                  
the directness  of this  response, and  stated that  she would                                                                  
follow up with the Attorney General's office.                                                                                   
                                                                                                                                
Representative Chenault asked if  the Regulatory Commission of                                                                  
Alaska had  already been  out for bid  on the project,  and if                                                                  
the funds were truly adequate to provide the proposed system.                                                                   
                                                                                                                                
Ms. Giard  explained that that  system was comprised  of three                                                                  
primary  components:   first building  the system  core of  an                                                                  
electronic  case  management   system;  a  content  management                                                                  
system which  will maintain  data for a  goal of  seven years,                                                                  
allowing companies  to research  data for  that time;  and the                                                                  
ability of  the utilities  and pipeline  companies to  use the                                                                  
web  interface  to  file with  the  Regulatory  Commission  of                                                                  
Alaska and eliminate paper filing.                                                                                              
                                                                                                                                
2:27:54 PM                                                                                                                    
                                                                                                                                
Ms.  Giaird noted  that she  had originally  estimated a  $1.5                                                                  
million budget  on the project.   She went on to  explain that                                                                  
utilities during  public process  indicated that this  was not                                                                  
sufficient.  A  utility  user  committee  was  formed,  and  a                                                                  
conceptual  budgeting process  ensued, developing  a range  of                                                                  
budgets between $890  thousand and $2.2 million.   Within that                                                                  
process,  the committee  added  the ability  for companies  to                                                                  
view  old data,  relying on  pictures  of data  that had  been                                                                  
taken in  past years,  something not  included in  the current                                                                  
funding.  She  noted that utilities had expressed  a desire to                                                                  
compile  historical information  into  searchable  data.   She                                                                  
reiterated that this  historical research was not  part of the                                                                  
currently proposed funding.                                                                                                     
                                                                                                                                
In  response  to  a  follow   up  question  by  Representative                                                                  
Chenault, Ms.  Giard confirmed  that she was  comfortable with                                                                  
the  proposed  funding level  of  $1.5  million to  build  the                                                                  
three-part core system.                                                                                                         
                                                                                                                                
2:30:36 PM                                                                                                                    
                                                                                                                                
Ms. Giard  noted that  the second phase  of the  project would                                                                  
require  a range of  $.5 million  to $1.0  million to  convert                                                                  
historical information into searchable  data.  She stated that                                                                  
this funding was  contained in the version of  the bill passed                                                                  
by  the Senate  Committee, but  not in  the current  Committee                                                                  
Substitute.     She  stated   that  while   there  was   every                                                                  
opportunity  for  utilities  to   return  and  request  future                                                                  
increases of  the RCC, it  was not likely  that the  RCA would                                                                  
make such a request.                                                                                                            
                                                                                                                                
2:31:41 PM                                                                                                                    
                                                                                                                                
Representative  Kelly speculated that  a future  request might                                                                  
be made for the  second phase of the project.   He pointed out                                                                  
that he had met with the Commissioner  on this issue to ensure                                                                  
that  future   projects  might  receive  consideration.     He                                                                  
proposed   that  the   project   may  then   be  extended   if                                                                  
appropriate.                                                                                                                    
                                                                                                                                
Commissioner  Giard  stated  that   utilities  would  need  to                                                                  
approach the legislature  for such action, and  noted that the                                                                  
RCA was  scheduled to sunset, and  would not be likely  to ask                                                                  
the administration to sponsor a future bill.                                                                                    
                                                                                                                                
2:33:18 PM                                                                                                                    
                                                                                                                                
Representative Foster     MOVED to  REPORT  CS SB  157 out  of                                                                  
Committee with individual recommendations  and attached fiscal                                                                  
notes.  There being NO OBJECTIONS, it was so ordered.                                                                           
                                                                                                                                
CSSB 157 (FIN)  was REPORTED OUT of Committee  with Individual                                                                  
Recommendations and one new fiscal note (HFC for DCED).                                                                         
                                                                                                                                

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