Legislature(1995 - 1996)

02/09/1995 09:10 AM Senate FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
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  SB  47 -  APUC EXTENSION AND REGULATORY COST CHARGE                          
                                                                               
            Testimony was presented by Josh Fink, Don Schroer,                 
            Bob Lohr, Jimmy  Jackson, and Dave Hutchens.   The                 
            bill was HELD in committee  for scheduling on next                 
            week's agenda.                                                     
                                                                               
                                                                               
  SENATE BILL NO. 47                                                           
                                                                               
       An  Act  relating to  the  extent to  which  the Alaska                 
       Public  Utilities Commission  may  exercise its  powers                 
       when  regulating  utilities; establishing  a regulatory                 
       cost  charge on public utilities and pipeline carriers;                 
       relating to the allocation of  costs in hearings before                 
       the Alaska Public Utilities Commission; relating to the                 
       method by which  utilities are  exempted from and  made                 
       subject to  regulation by  the Alaska  Public Utilities                 
       Commission;  relating  to  the monetary  threshold  for                 
       regulation of certain kinds of  utilities by the Alaska                 
       Public  Utilities  Commission;  extending   the  Alaska                 
       Public  Utilities  Commission;  relating  to  staggered                 
       terms  for  members  of  the  Alaska  Public  Utilities                 
       Commission; and providing for an effective date.                        
                                                                               
  Co-chairman Halford directed  that SB 47  be brought on  for                 
  discussion.  JOSH  FINK, aide to Senator  Kelly, came before                 
  committee.  He  directed attention  to a sectional  analysis                 
  prepared by Senator Kelly, sponsor, and a separate sectional                 
  prepared by Legislative  Legal Services.  He  explained that                 
  SB 47  reflects reintroduction of  SB 213 from  the previous                 
  legislature.  It accomplishes two goals:                                     
                                                                               
       1.   Extension   of   the   Alaska   Public   Utilities                 
                                                                               
                                                                               
  Commission                                                                   
            currently scheduled  to  sunset the  end of  June,                 
            1995.                                                              
                                                                               
       2.   Reenactment  of the  regulatory  cost charge  that                 
  expired                                                                      
            December 31, 1994.                                                 
                                                                               
  Given  the unknown and  potentially serious ramifications of                 
  expiration  of  APUC,  SB  47  was introduced  as  consensus                 
  legislation.   All provisions have  been extensively debated                 
  and are either unopposed or the  result of compromise by all                 
  concerned  parties,  in   the  best  interest   of  consumer                 
  protection.  SB 47  is almost identical to the  version that                 
  reached the House floor last May and failed to pass prior to                 
  adjournment.                                                                 
                                                                               
  A separate bill  including further APUC amendments  has also                 
  been introduced.  It is Senator Kelly's hope that SB 47 will                 
  remain unamended  as  it  travels  through  the  legislative                 
  process.                                                                     
                                                                               
  Mr.  Fink  provided  a  review  of the  sponsor's  sectional                 
  analysis  (copy on  file  in the  SFC  file for  SB 47)  and                 
  highlighted the following provisions:                                        
                                                                               
       1.   Sec. 1  replaces language granting  the commission                 
            "liberally   construed"   powers   with   language                 
            allowing  the   commission  to   do  "all   things                 
            necessary or proper to carry  out the purposes and                 
            exercise   the   powers   expressly   granted   or                 
            reasonably  implied."    The   foregoing  reflects                 
            compromise language developed last year.                           
                                                                               
       2.   Secs. 2, 3, 10 and 11 reenact the  regulation cost                 
  charge                                                                       
            for utilities and pipelines.  Reenactment does not                 
            include  sunset provisions.    The  RCC should  be                 
            considered  when  the  commission  "comes  up  for                 
            sunset."                                                           
                                                                               
       3.   On   Page  3,   Lines  11-13,   provisions  adjust                 
  allocation of                                                                
            the RCC for electric utilities by  subtracting the                 
            cost of power from gross revenues.                                 
                                                                               
       4.   On Page 2, Line 27 and Page 6, Line 4, the ceiling                 
  on the                                                                       
            RCC for utilities and pipeline  carriers is raised                 
            from .61 % to .8 %.  The RCC has never reached the                 
            ceiling.  If the cost  of power is subtracted from                 
            gross revenues for electric utilities, the ceiling                 
            for   other  utilities   must   be  increased   or                 
            sufficient program receipts  will not be generated                 
                                                                               
                                                                               
            to cover the commission budget.                                    
                                                                               
       5.   Page  3,  Lines  20-24 and  Page  6,  Lines 15-19,                 
  contain        language    requiring     the    Dept.     of                 
                 Administration  to  earmark  regulatory  cost                 
                 charge  collection   overages  for   possible                 
                 appropriation  by  the  legislature  for  the                 
                 commission's next fiscal year,  thus lowering                 
                 the RCC for that year.  That charge is passed                 
                 directly  to  consumers   and  averages   $10                 
                 annually, for all utilities.                                  
                                                                               
       6.   Secs. 4, 5, 6, 7, 8, and 9 are the result of audit                 
            recommendations.    Secs.  4,  8,   and  9  permit                 
            subscribers of small utilities or utilities exempt                 
            from regulation to  petition for regulation  under                 
            the  same  procedures  used by  subscribers  of  a                 
            regulated  utility to  petition  for removal  from                 
            regulation.                                                        
                                                                               
       7.   Sec. 12 extends the sunset date for the commission                 
  to                                                                           
            June 30, 1999.                                                     
                                                                               
       8.   Sec. 13 staggers the terms of commission  members.                 
  Two                                                                          
            terms  presently expire at the same time.  The new                 
            provision  will  not impact  the terms  of current                 
            commissioners.                                                     
                                                                               
       9.   Secs. 14 and  15 provide for new  language enacted                 
  in                                                                           
            Sec.   1   (changing   language  from   "liberally                 
            construed"  to  "reasonably  implied")  to  become                 
            effective July 1, 1996.                                            
                                                                               
       10.   Sec. 16 provides  an immediate effective date for                 
  all                                                                          
            provisions with the exception of Sec. 1.                           
                                                                               
  Senator  Donley voiced concern over the above-noted language                 
  change in Sec. 1, suggesting that it would lead to increased                 
  litigation over the meaning of the  new standard.  Consumers                 
  will  pay  the  cost of  that  litigation  through increased                 
  utility bills.   He then inquired concerning why  the change                 
  was made.   Mr. Fink  deferred to  APUC staff.   He  briefly                 
  referenced situations in which utilities felt the commission                 
  overstepped its authority  and made policy  decisions beyond                 
  its statutory mandate.  Alternatively,  other utilities were                 
  pleased that the commission had authority to grant temporary                 
  operating permits,  a function  for which  it does  not have                 
  express authority.   Compromise  language is  "a shade  more                 
  restrictive."     Senator  Sharp attested  to the  fact that                 
  under  "liberally  construed,"  commission philosophy  often                 
                                                                               
                                                                               
  swung  in accordance  with the  make up  of  the commission.                 
  Administrative   and   court   challenges   are   expensive.                 
  "Necessary and proper"  is better, particularly in  light of                 
  provisions  which allow  the commission to  levy the  RCC to                 
  cover its budget  expenses.   Senator Rieger voiced  support                 
  for the more  moderate language.   Senator Donley  cautioned                 
  that  new  language   appears  "ripe   with  potential   for                 
  litigation."                                                                 
                                                                               
  Co-chairman Halford voiced his understanding that should the                 
  proposed  bill  not  pass,    utility bills  would  decrease                 
  because the RCC  would not be  applied.  Mr. Fink  concurred                 
  that individual bills  would decrease by  approximately $10.                 
  He  pointed,  however, to  federal mandates  associated with                 
  utilities  and  suggested  that  staff  from APUC  speak  to                 
  potential problems should APUC cease to exist.                               
                                                                               
  Senator Donley next  addressed statements  by Mr. Fink  that                 
  reenactment of the  RCC reflects  a compromise, noting  that                 
  while it might represent a compromise among utilities, it is                 
  not a compromise "among the consumers."  He then attested to                 
  constituent complaints  over new  charges on utility  bills.                 
  The situation is worsened by  the proposed legislation which                 
  enacts the "first,  new tax  bill of this  year."   Further,                 
  restructuring  increases the  tax  for urban  residents more                 
  than for those in rural Alaska.                                              
                                                                               
  DON SCHROER, Alaska Public Utilities  Commission, next spoke                 
  via  teleconference  from  Anchorage.     He  stressed   the                 
  importance of early  action on  SB 47, and  noted the  audit                 
  recommendation   for   a  ten-year   extension,   since  the                 
  commission is  fulfilling its  public purpose.   During  the                 
  past  two  years, no  one  has  testified in  favor  of APUC                 
  sunset.    Mr.  Schroer  acknowledged  that SB  47  contains                 
  provisions  the  commission could  "live  without."   It is,                 
  however, supported in  its present form, in the  interest of                 
  the impending time crunch.                                                   
                                                                               
  Mr.  Schroer  further  spoke  to  investigative  delays  and                 
  uncertainty in APUC hire as a result of scheduled sunset.                    
                                                                               
  He thanked utilities  for their  cooperation through  early,                 
  lump-sum  payment  of   the  RCC  prior  to   expiration  of                 
  commission  authority to levy the charge.   He urged passage                 
  of SB 47 without amendment.                                                  
                                                                               
  In  response   to  a   question  from   Co-chairman  Halford                 
  concerning  areas of the  bill the commission  does not look                 
  favorably  upon,  Mr.   Schroer  replied   that  while   the                 
  commission sees no  need to change "liberally  construed" to                 
  the proposed new language, the change is acceptable.                         
                                                                               
  Discussion followed regarding  ability of  a utility to  opt                 
  out  of  APUC  regulation.   BOB  LOHR,  Executive Director,                 
                                                                               
                                                                               
  Alaska   Public   Utilities   Commission,   testified   from                 
  Anchorage.  He explained that a  number of utilities may not                 
  opt  out of economic  regulation because of  size.  Proposed                 
  changes in  the bill would increase the  number of utilities                 
  allowed  to  do  so,  but  maximum size  prohibitions  would                 
  remain.   Cooperatives may opt  out regardless of  size, and                 
  municipal  utilities  are  exempt  from regulation  by  law,                 
  unless the municipal utility competes with a privately owned                 
  utility.   If  one  of a  number  of utilities  owned  by  a                 
  municipality elects to  compete with a private  utility, all                 
  of the utilities owned by the municipality are automatically                 
  subject to economic regulation by the commission.                            
                                                                               
  Senator Zharoff commented  upon the amount of  paperwork and                 
  duplication  in   state  and   federal  filings  for   small                 
  utilities.    Mr.  Schroer  attested  to recent  regulations                 
  allowing  simplified  rate  filings for  both  electric  and                 
  telephone utilities.                                                         
                                                                               
  JIMMY JACKSON, Attorney for GCI,  next spoke from Anchorage.                 
  He voiced support for passage of the  legislation as quickly                 
  as  possible,  without  amendment.    The present  state  of                 
  "limbo" is undesirable and imposing an adverse affect on the                 
  agency.                                                                      
                                                                               
  DAVE  HUTCHENS, Executive  Director,  Alaska Rural  Electric                 
  Cooperative Association, next came before committee, voicing                 
  support for the legislation.   He attested to the  fact that                 
  the commission  should be extended  for the same  reasons it                 
  was initially  created:   to  prohibit  territorial  utility                 
  wars, which  are both  wasteful and  destructive, and  bring                 
  peace  in  the  electric  utility  industry.   Mr.  Hutchens                 
  reiterated previous testimony asking that SB 47 be passed in                 
  its present form, without amendments.                                        
                                                                               
  Speaking to language  in Sec. 1, Mr. Hutchens  advocated the                 
  change from "liberally construed" to  "necessary or proper .                 
  . . or reasonably  implied."  In response to a question from                 
  Co-chairman Halford,  Mr. Hutchens voiced  his understanding                 
  that new language means that the commission cannot embark on                 
  new  kinds   of  regulation   which  "liberally   construed"                 
  previously allowed.  As an  example, he cited application by                 
  the community of  King Cove  and the resulting  three-to-two                 
  vote  by  the  commission  regarding  whether  environmental                 
  issues and regulations should  be included in deliberations.                 
  The  community and AIDEA prevailed,  but the vote was close.                 
  With different  members on  the commission,  the vote  could                 
  easily have gone the other way.  The supreme court supported                 
  the commission exclusion, but the  ruling was accompanied by                 
  a long dissenting  opinion.  That  is the type of  situation                 
  the  new language seeks  to prevent.   If there is  to be an                 
  expansion of commission powers, that decision should be made                 
  by  the  legislature  rather  than  the commission  and  the                 
  courts.                                                                      
                                                                               
                                                                               
  Co-chairman  Halford  asked  if the  APUC  would  come under                 
  standard   statutory   language  (reasonably   necessary  to                 
  implement the  statute) if  there was  no specific  language                 
  relating to regulatory  standards for  the commission.   Mr.                 
  Hutchens responded affirmatively  and said that was  what he                 
  originally  proposed.     Changes  within  Sec.  1   reflect                 
  compromise language  modeled on  wording from  the state  of                 
  Wisconsin.                                                                   
                                                                               
  Mr. Hutchens  next addressed adjustments  to the  regulatory                 
  cost charge.  He voiced  concurrence in comments by  Senator                 
  Donley and agreed that utilities do not enjoy serving as tax                 
  collectors.    However, if  the  decision is  that utilities                 
  should play  that role, the  burden of collection  should be                 
  equitably  distributed.    An  adjustment  was  the  primary                 
  recommendation of legislative  audit.   The proposal was  to                 
  allocate  the  RCC  based  on  time records  evidencing  how                 
  commission time is  expended on  regulation.  That  approach                 
  was  determined to  be too  time consuming.      The present                 
  formula keys the RCC to retail revenues, but revenue dollars                 
  have no real  relationship to commission activities.   While                 
  electric utility  regulation  comprises  30%  of  commission                 
  activity, electric utilities were paying  45% of the cost of                 
  the commission.   The proposal  contained within  SB 47  was                 
  crafted by Senator Sharp  as a means of providing  equity in                 
  allocation of regulatory costs.                                              
                                                                               
  Co-chairman Halford asked if cost  charges would increase in                 
  Anchorage while decreasing in other locations.  Mr. Hutchens                 
  responded, "Perhaps, very  slightly . .  . ."   Reallocation                 
  could have  that effect because of availability of heat from                 
  a regulated natural gas utility.   In other areas, providers                 
  of heat are  unregulated and thus  not taxed to support  the                 
  commission.                                                                  
                                                                               
  Senator  Zharoff  sought  clarification  of  the  impact  of                 
  increasing the RCC rate.  Mr. Lohr explained that the effect                 
  of  allowing   the  cost-of-power  exclusion   for  electric                 
  utilities  shifts  approximately  45%  of  the cost  of  the                 
  commission to  all other utilities.  Since the commission is                 
  mandated to collect  its operating  budget from all  sources                 
  subject to  the RCC,  a reduction  for one  type of  utility                 
  requires a commensurate increase for others.  RCC  rates for                 
  utilities other than electrical will increase by roughly 31%                 
  to  offset the  45% reduction  to electric  utilities.   The                 
  commission  is   only  authorized  to  collect   the  amount                 
  necessary to cover its budget.  Mr. Lohr reiterated that the                 
  RCC has never  hit the existing  ceiling.  The initial  rate                 
  equivalent of .45% has dropped since inception.  It was .42%                 
  last  year.    While  the   trend  has  been  downward,  the                 
  commission seeks to  maintain  latitude within  the ceiling,                 
  in  light  of  proposed  changes  in  levies  upon  electric                 
  utilities.                                                                   
                                                                               
                                                                               
  Discussion followed  between  APUC staff  in  Anchorage  and                 
  Senator Rieger  regarding activity (brush clearing  and tree                 
  removal)                                                                     
  in utility right-of-ways.                                                    
                                                                               
  End:      SFC-95, #3, Side 2                                                 
  Begin:    SFC-95, #5, Side 1                                                 
                                                                               
  Co-chairman Halford  called for additional testimony  on the                 
  bill.    None was  forthcoming.   He  then advised  that the                 
  testimony  portion of  committee  review  was concluded  and                 
  directed that SB 47  be HELD in committee and  available for                 
  further consideration during the coming week.                                
                                                                               

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