05/05/1999 08:10 AM House URS

HB 185-SMALL WATER UTILITIES EXEMPT FROM APUC                                                                                   
                                                                                                                                
Number 1841                                                                                                                     
                                                                                                                                
CHAIRMAN HUDSON announced that the next order of business would be                                                              
HOUSE BILL NO. 185, "An Act exempting certain small water utilities                                                             
from regulation by the Alaska Public Utilities Commission."                                                                     
                                                                                                                                
DAVID STANCLIFF, Legislative Assistant for Representative Ogan,                                                                 
Alaska State Legislature, understood that the committee may                                                                     
consider an amendment.  The amendment has been discussed with                                                                   
Representative Ogan who is amenable to that amendment.                                                                          
                                                                                                                                
Number 1887                                                                                                                     
                                                                                                                                
REPRESENTATIVE BERKOWITZ moved Amendment 1 which reads as follows:                                                              
                                                                                                                                
     Page 1, following line 8, insert,                                                                                          
     "Sec.2. This Act does not apply to utilities with open                                                                     
     dockets before the Alaska Public Utilities Commission                                                                      
     until those dockets are closed."                                                                                           
                                                                                                                                
CHAIRMAN HUDSON objected.                                                                                                       
                                                                                                                                
REPRESENTATIVE BERKOWITZ explained that he wanted to ensure that                                                                
the committee's actions are based on good public policy not based                                                               
on a special interest.  He expressed concern that this could                                                                    
interrupt pending dockets or pending litigation.  There may be                                                                  
elements of the decision which some would find acceptable.                                                                      
Therefore, he indicated his preference to separate this policy                                                                  
decision from anything pending.                                                                                                 
                                                                                                                                
CHAIRMAN HUDSON asked Mr. Stancliff if Representative Ogan had                                                                  
reviewed Amendment 1.  If so, how does he view Amendment 1?                                                                     
                                                                                                                                
MR. STANCLIFF informed the committee that Representative Ogan has                                                               
not reviewed Amendment 1, but he is willing to provide the Alaska                                                               
Public Utilities Commission (APUC) with additional time to act on                                                               
this matter and break the deadlock on the conflict.  Amendment 1                                                                
would possibly maintain the conflict in limbo for a time longer                                                                 
than Representative Ogan would prefer.  Amendment 1 would seem to                                                               
not be acceptable.                                                                                                              
                                                                                                                                
CHAIRMAN HUDSON noted that he maintained his objection.  He                                                                     
informed the committee that another amendment would be offered                                                                  
which would insert an effective date of July 1, 2000.  The home                                                                 
owners do not object to that amendment.  He explained that the                                                                  
notion was not to make it applicable to an ongoing case.  That                                                                  
amendment has been discussed with Representative Ogan who felt                                                                  
satisfied with that amendment.  Chairman Hudson said that amendment                                                             
should probably take the committee out of the ongoing turf war.                                                                 
                                                                                                                                
REPRESENTATIVE PORTER moved that the committee adopt the amendment                                                              
regarding the insertion of a July 1, 2000 effective date to                                                                     
Amendment 1.  There being no objection, the amendment to Amendment                                                              
1 was adopted.                                                                                                                  
                                                                                                                                
CHAIRMAN HUDSON clarified that the committee now had Amendment 1 as                                                             
amended before it.                                                                                                              
                                                                                                                                
REPRESENTATIVE COWDERY objected.                                                                                                
                                                                                                                                
Upon a roll call vote, Representatives Berkowitz, Davies, Kott,                                                                 
Porter and Hudson voted in favor of the adoption of  Amendment 1 as                                                             
amended.  Representative Cowdery voted against the adoption of                                                                  
Amendment 1 as amended.  Representative Rokeberg was not present.                                                               
Therefore, Amendment 1 as amended was adopted with a vote of 5-1.                                                               
                                                                                                                                
Number 2093                                                                                                                     
                                                                                                                                
REPRESENTATIVE DAVIES moved to report CSHB 185 out of committee                                                                 
with individual recommendations and the accompanying fiscal notes.                                                              
There being no objection, CSHB 185(URS) was reported out of                                                                     
committee.