Legislature(2009 - 2010)BUTROVICH 205

03/24/2010 03:30 PM Senate RESOURCES


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= SB 294 SPORT FISH GUIDE LICENSES TELECONFERENCED
Heard & Held
*+ SB 275 AQUATIC FARMING TELECONFERENCED
Scheduled But Not Heard
+ SB 143 RAILBELT ENERGY & TRANSMISSION CORP. TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
          SB 143-RAILBELT ENERGY & TRANSMISSION CORP.                                                                       
                                                                                                                                
4:08:23 PM                                                                                                                    
CO-CHAIR   WIELECHOWSKI   announced  SB   143   to   be  up   for                                                               
consideration.                                                                                                                  
                                                                                                                                
CO-CHAIR  MCGUIRE moved  to adopt  CSSB  143(), 26-LS1041\S,  for                                                               
discussion purposes only. There were  no objections and it was so                                                               
ordered.                                                                                                                        
                                                                                                                                
4:09:08 PM                                                                                                                    
CO-CHAIR WIELECHOWSKI objected for an explanation.                                                                              
                                                                                                                                
4:09:37 PM                                                                                                                    
JIM STRANDBERG,  Project Manager,  Alaska Energy  Authority, said                                                               
he was  happy to be  here discussing the Greater  Railbelt Energy                                                               
Transmission Corporation (GRETC) bill. He  said that last week he                                                               
provided an overview of it. He is now back with the CS in hand.                                                                 
                                                                                                                                
MR.  STRANDBERG   said  they  worked  collaboratively   with  the                                                               
utilities  using two  key documents  to create  the statute:  the                                                               
REGA  study (business  study)  and  Integrated Railbelt  Resource                                                               
Plan. What  keeps coming  back is the  capital shortfall.  It the                                                               
state  may in  some way  be involved  financially, it  would make                                                               
sense that the vehicle they construct  for that should be done in                                                               
a partnership fashion  between the state and the  utilities so it                                                               
can handle the money.                                                                                                           
                                                                                                                                
4:13:26 PM                                                                                                                    
SENATOR  FRENCH  said  he didn't  understand  how  combining  six                                                               
utilities  makes them  stronger.  Their assets  don't  go up  and                                                               
their balance sheet doesn't get any  better. But he could see how                                                               
adding state money would make a difference.                                                                                     
                                                                                                                                
MR. STRANDBERG  answered REGA projected that  if utilities joined                                                               
together,   that   would   provide    more   efficient   use   of                                                               
infrastructure  and get  financing  on better  terms. Appendix  B                                                               
done by Seattle Northwest discusses that.                                                                                       
                                                                                                                                
SENATOR FRENCH asked if there is a multiplier effect.                                                                           
                                                                                                                                
MR.  STRANDBERG   replied  that   the  company  is   designed  to                                                               
capitalize itself  through equity  injections from,  perhaps, the                                                               
state. When  you build  a company  you need  a certain  amount of                                                               
skin in the  game. If you do  that you are able  to borrow money.                                                               
First they  need bylaws and a  board and then it  needs to create                                                               
equity  so  they can  borrow  money.  This  bill is  a  framework                                                               
through which these  processes can occur. When  the company sells                                                               
bonds,  they are  rated  and the  lower the  risk  the lower  the                                                               
interest rate.                                                                                                                  
                                                                                                                                
4:16:59 PM                                                                                                                    
MR.  STRANDBERG explained  that  the other  question  is why  not                                                               
allow  the utilities  to form  a  joint action  agency (JAA),  an                                                               
existing business  structure. A  fully functional  generation and                                                               
transmission  entity in  a mature  network should  be able  to do                                                               
four  tasks:  manage  the  transmission  system,  evolve  towards                                                               
regional economic dispatch  so that the generators  are used most                                                               
efficiently, be  able to  have long  range regional  planning for                                                               
major projects,  and do joint  project development. In  many ways                                                               
the JAA language is focused  on the fourth element, joint project                                                               
development. A  portion of  the JAA  language is  relatively open                                                               
architecture; so there are ways for  the utilities to use that to                                                               
move forward to do things  together. But GRETC is really designed                                                               
to  embrace those  four  elements  of the  future  network in  an                                                               
ordered  fashion  and   in  a  manner  that   the  utilities  are                                                               
comfortable with. It is a more complete solution.                                                                               
                                                                                                                                
4:19:14 PM                                                                                                                    
BRIAN BJORKQUIST,  Senior Assistant Attorney  General, Department                                                               
of Law (DOL),  said he has represented the AEA  and the AIDEA for                                                               
about 13 years and has been  involved with the acquisition of the                                                               
Snettisham  Hydro Electric  Dam and  the financing  of that,  the                                                               
divestiture of the Four Dam Pool  by the AEA and the financing of                                                               
that by AIDEA, AEA's Bradley  Lake Hydro Electric Project and the                                                               
Alaska Intertie. He  explained that the corporation in  the CS is                                                               
modeled after a generation and  transmission (G&T) cooperative, a                                                               
type of  entity where utilities  get together to  jointly provide                                                               
for their generation  and transmission needs. The  utilities in a                                                               
G&T-type  format  are  still the  distribution  element;  so  the                                                               
utilities  would take  wholesale power  from the  G&T cooperative                                                               
and then sell it to their retail customers.                                                                                     
                                                                                                                                
The  original bill  created one  specific corporation.  This bill                                                               
has been changed to provide a  general law for creation of a form                                                               
of  energy  and transmission  corporation.  Within  it there  are                                                               
limitations on who can form. It  has to be four or more municipal                                                               
or cooperative utilities and there has  to be approval by law for                                                               
the formation.                                                                                                                  
                                                                                                                                
The bill  has the actual  authorization for the formation  and is                                                               
modeled  similar to  the one  used  in AS  42.310 to  form a  JAA                                                               
(Joint  Action Agency)  requiring  legislative  approval for  the                                                               
acquisition of a project from the AEA.                                                                                          
                                                                                                                                
This legislation subtly shifts from  the original bill that was a                                                               
little more  of a quasi-public  corporation with  the corporation                                                               
anticipated  to take  on  more  of a  function  for the  Railbelt                                                               
region,  in particular.  This  bill provides  a  little bit  more                                                               
flexibility  for the  utilities.  They are  not  required at  any                                                               
point, and there  is no expectation that they have  to, to obtain                                                               
all  their power  from  this one  entity. The  last  bill had  an                                                               
implication that  they would.  It still has  elements of  being a                                                               
quasi-public  entity as  this entity  would be  performing public                                                               
services for the region that is serves.                                                                                         
                                                                                                                                
4:23:11 PM                                                                                                                    
MR. BJORKQUIST  said this  draft also  reflects a  combination of                                                               
long work with  the task force, the utilities,  and most recently                                                               
with the DOL  and Legislative Legal and attempts to  clean up the                                                               
language and achieve  the intent. He said this  draft responds to                                                               
every question that was raised  with one exception at Legislative                                                               
Legal's suggestion - to clarify that  there is no issue with some                                                               
of  the rate  regulation exemption  provisions and  how they  can                                                               
apply.                                                                                                                          
                                                                                                                                
4:24:14 PM                                                                                                                    
He  elaborated that  sections 1,  4, and  5 deal  with exemptions                                                               
from rate regulation. These three  sections will become effective                                                               
in 2015 after which there will  be five years of regulation under                                                               
the  Regulatory   Commission  of  Alaska  (RCA)   and  then  rate                                                               
regulation  takes place.  The rate  regulation provisions  exempt                                                               
this corporation  from regulation by municipalities  and the RCA.                                                               
Provisions  in  the Municipal  Code  and  RCA statutes  basically                                                               
provide that  if an entity  is exempt  from regulation by  RCA, a                                                               
municipality, city or borough can  regulate. This exempts it from                                                               
municipal and RCA regulation in combination.                                                                                    
                                                                                                                                
SENATOR FRENCH asked him to explain why that is a good idea.                                                                    
                                                                                                                                
MR. BJORKQUIST answered  that they would hear  from the utilities                                                               
that the  cost of regulation  outweighs the benefits, and  that a                                                               
G&T  cooperative-type  model elsewhere  is  not  subject to  rate                                                               
regulation. And  for a  variety of reasons  they would  also hear                                                               
from them why that might be appropriate.                                                                                        
                                                                                                                                
SENATOR FRENCH said he would flag that issue for later.                                                                         
                                                                                                                                
4:26:16 PM                                                                                                                    
CO-CHAIR  WIELECHOWSKI asked  him about  the practical  impact of                                                               
the five-year exemption and if  that would apply to projects that                                                               
were  built  during  that  five   years  or  projects  that  were                                                               
permitted during that five years.                                                                                               
                                                                                                                                
MR.  BJORKQUIST replied  during  the first  five  years it  would                                                               
apply  to any  business that  the corporation  would be  involved                                                               
with whether it was with an  existing asset that they acquired or                                                               
a new asset  that was built during the five  year period of time.                                                               
The contemplation  in the  formation of  the corporation  is that                                                               
there may not  be many assets put into the  corporation early on,                                                               
because the utilities have the  flexibility to retain the current                                                               
assets. But the  bill also contemplates that the  GRETC might not                                                               
need to acquire  title to an asset in order  to exert operational                                                               
control over it  like Mr. Strandberg talked about.  For the first                                                               
five  years it  is  going to  be subject  to  rate regulation  no                                                               
matter what,  but after that  it would be exempt  from regulation                                                               
from basically any power that it sold.                                                                                          
                                                                                                                                
CO-CHAIR  WIELECHOWSKI   asked  if   Chugach  Electric   owned  a                                                               
generation plant  under its name  and the  board wanted to  get a                                                               
rate  approved  they would  still  have  to  go through  the  RCA                                                               
process,  but if  they put  the asset  into GRETC  then they  are                                                               
exempt for five years.                                                                                                          
                                                                                                                                
MR.  BJORKQUIST  answered  for  the first  five  years  they  are                                                               
subject to rate regulation, but not after five years.                                                                           
                                                                                                                                
CO-CHAIR WIELECHOWSKI  asked if GRETC  wanted, in six  years from                                                               
passing the  bill, to go out  and build Susitna Hydro  to provide                                                               
electricity for the  entire Railbelt, then they  wouldn't have to                                                               
go before the RCA.                                                                                                              
                                                                                                                                
MR. BJORKQUIST replied yes.                                                                                                     
                                                                                                                                
CO-CHAIR WIELECHOWSKI  asked but if  they want  to do it  in year                                                               
five, they have to go to the RCA.                                                                                               
                                                                                                                                
MR. BJORKQUIST answered at least for that one year of operation.                                                                
                                                                                                                                
SENATOR FRENCH  asked if rate  regulation means going  before the                                                               
RCA to get approval for rates.                                                                                                  
                                                                                                                                
MR. BJORQUIST answered yes.                                                                                                     
                                                                                                                                
SENATOR  FRENCH asked  if GRETC  would sell  power to  individual                                                               
customers or through Chugach, ML&P and Golden Valley.                                                                           
                                                                                                                                
MR. BJORKQUIST  replied that  the contemplation  as he  has heard                                                               
from the  task force is  that most of the  power will be  sold at                                                               
whole to individual utilities. The  corporation has the authority                                                               
to sell power  to industrial customers with  some limitations. It                                                               
cannot  sell  power  to  an  industrial  customer  in  a  service                                                               
territory of  another public utility  unless that  public utility                                                               
consents (AS 42.50.090 (24)).                                                                                                   
                                                                                                                                
SENATOR FRENCH asked if Homer  Electric decides to participate in                                                               
GRETC, can  they participate as much  or as little as  they like.                                                               
Can they decide  what portion of their  association's assets they                                                               
want to turn over to GRETC or not?                                                                                              
                                                                                                                                
MR. BJORKQUIST answered that it doesn't work exactly that way.                                                                  
                                                                                                                                
SENATOR FRENCH asked what you have to pay to get into GRETC.                                                                    
                                                                                                                                
MR.  BJORKQUIST answered  nothing  has  to be  paid  to become  a                                                               
member. Those that  provide a sufficient letter of  intent to AEA                                                               
by the deadline  can become a member. There is  no obligation for                                                               
a  member to  acquire any  level  of services  or anything  else.                                                               
Getting to the  point of what assets would be  in and what assets                                                               
would be  out, it's not just  a matter of what  the utility would                                                               
desire but also  a negotiation with the  corporation, itself. The                                                               
utility might  not want to provide  the best of assets  and GRETC                                                               
would want the best.                                                                                                            
                                                                                                                                
CO-CHAIR WIELECHOWSKI said he thought  the utilities would have a                                                               
very  high burden  to prove  why not  being regulated  after five                                                               
years is a good thing. But they would testify tomorrow.                                                                         
                                                                                                                                
MR. BJORKQUIST said section 2  would become effective in 2015 and                                                               
provides that  a wholesale agreement  for the sale of  power from                                                               
GRETC to  a utility is not  subject to approval or  review by the                                                               
RCA until  all the  long term  debt incurred  for the  project is                                                               
retired.  This provision  currently applies  to the  Bradley Lake                                                               
Hydro Electric  Project and Swan Lake  and Lake Tyee, two  of the                                                               
Four-Dam Pool  project,. Its  purpose is  to assist  in financing                                                               
projects by  helping with  a reliable  source of  repayment. This                                                               
provision does that.                                                                                                            
                                                                                                                                
CO-CHAIR  WIELECHOWSKI   asked  him  to  explain   what  kind  of                                                               
contracts they would have for storage in Section 2.                                                                             
                                                                                                                                
MR.  BJORKQUIST  said  the  language  there  is  similar  to  the                                                               
exemption language for  Bradley Lake and Four Dam  Pool. It might                                                               
be storage  of electricity, but  the only  part of the  system in                                                               
the Railbelt that  he is familiar with is Golden  Valley that has                                                               
a BESS system. It also might be water storage in a dam.                                                                         
                                                                                                                                
CO-CHAIR WIELECHOWSKI asked if that would apply to gas storage.                                                                 
                                                                                                                                
MR. BJORKQUIST answered that it potentially could.                                                                              
                                                                                                                                
CO-CHAIR WIELECHOWSKI asked if this  might be exempting them from                                                               
gas storage regulation.                                                                                                         
                                                                                                                                
MR.  BJORKQUIST answered  this  would be  an  exemption from  the                                                               
wholesale contract between GRETC and  the public utility for that                                                               
service.                                                                                                                        
                                                                                                                                
4:35:23 PM                                                                                                                    
MR. STRANDBERG  added that this was  not meant for gas  or fuels.                                                               
It is for repurchase of power and power is electricity.                                                                         
                                                                                                                                
SENATOR FRENCH  said he  was considering  an amendment  to insert                                                               
"electric" in front of "power" on line 16, to make it clear.                                                                    
                                                                                                                                
4:36:28 PM                                                                                                                    
MR. BJORKQUIST went  to Section 6 on  page 3 that is  the bulk of                                                               
statutory  section for  an energy  and transmission  corporation.                                                               
Lines  16-19  speak  of  four   or  more  electric  utilities  if                                                               
authorized by  law can  form a  corporation. Lines  20-25 outline                                                               
why the  corporation is formed:  to acquire, operate  or maintain                                                               
projects  from  the  AEA,  and  for  planning,  coordinating  and                                                               
addressing generation and transmission concerns of the region.                                                                  
                                                                                                                                
He highlighted a few of the purposes  on page 3, line 30; one was                                                               
to be a  primary recipient of state financial  assistance for G&T                                                               
projects in the  region. This is not a legal  obligation, but for                                                               
a decade the Railbelt utilities have  been told that they need to                                                               
organize and coordinate with each other  if they are going to get                                                               
access to  the Railbelt  Energy Fund. This  is the  mechanism for                                                               
them to organize to get access to those funds.                                                                                  
                                                                                                                                
4:37:38 PM                                                                                                                    
CO-CHAIR WIELECHOWSKI said  on page 3, line 13-19,  it says "four                                                               
or more  municipal or cooperative  public utilities  may organize                                                               
an  energy and  transmission corporation."  So, it  appears there                                                               
could be multiple corporations.                                                                                                 
                                                                                                                                
MR.  BJORKQUIST pointed  out that  line  18 also  says "if  first                                                               
authorized by law."  So the legislature would have  to allow that                                                               
to happen.                                                                                                                      
                                                                                                                                
SENATOR FRENCH  asked if  something else was  needed in  terms of                                                               
authorization language.                                                                                                         
                                                                                                                                
MR. BJORKQUIST  replied that the  authorization that  is required                                                               
by  law is  in Section  13.  It authorizes  four or  more of  the                                                               
listed Railbelt public  utilities to form a  G&T corporation, the                                                               
GRETC. Section  14 provides for the  letter of intent to  the AEA                                                               
for a conditional membership.                                                                                                   
                                                                                                                                
SENATOR FRENCH  asked if subsequent  legislation is  necessary in                                                               
order for GRETC to form itself.                                                                                                 
                                                                                                                                
MR. BJORQUIST answered not with this bill.                                                                                      
                                                                                                                                
CO-CHAIR  WIELECHOWSKI asked  why not  say "organize  the Greater                                                               
Railbelt Energy  and Transmission  Corporation" just so  they are                                                               
perfectly clear on page 3, line 18.                                                                                             
                                                                                                                                
MR.  BJORKQUIST replied  there are  two interrelated  reasons for                                                               
having an  active general law.  As Legislative Legal  pointed out                                                               
it helps address that potential  constitutional problem. And, the                                                               
task force changed the bill to make  GRETC a little bit less of a                                                               
quasi-public  corporation and  a  little bit  more  of a  private                                                               
corporation.  He explained  that  the original  bill was  modeled                                                               
after CFAB,  which is  a quasi-public  type organization  that is                                                               
private in many ways, but serves a public function.                                                                             
                                                                                                                                
4:41:18 PM                                                                                                                    
Provisions on  page 4,  lines 3-21,  focus on  the detail  of the                                                               
planning  that  this  corporation  would  provide.  Some  general                                                               
provisions  are similar  to  the  original bill  as  to what  the                                                               
powers, intentions and purposes for  the corporation are. Page 4,                                                               
lines  28 through  page 5,  line 1,  subsection (g)  has language                                                               
emphasizing that  this corporation  provides interconnection-type                                                               
services. Other  provisions in the  bill talk about  it providing                                                               
operating  standards.  That  is  important  particularly  in  the                                                               
Railbelt,  because   the  current  operating   standards  between                                                               
utilities is partially voluntary and partially by contract.                                                                     
                                                                                                                                
MR.  BJORKQUIST  said  the  Alaska  Intertie  Agreement  includes                                                               
reliability and  operating standards  that are supposed  to apply                                                               
to  the Railbelt.  Not  all  the utilities  in  the Railbelt  are                                                               
signatories  to them,  but several  of the  utilities voluntarily                                                               
follow those standards. That agreement  is scheduled to terminate                                                               
in October. So,  a GRETC formed under this  legislation will fill                                                               
a  void that  otherwise  would  be missing  as  to liability  and                                                               
interconnection standards.                                                                                                      
                                                                                                                                
4:42:33 PM                                                                                                                    
He also  pointed out that (b)(2)  in Section 8 on  page 18 amends                                                               
AS 42.50.100  (that takes  effect in 2015)  to clarify  that this                                                               
organization  would not  be able  to  preclude independent  power                                                               
producers (IPP)  from getting access to  the transmission system.                                                               
This  means  that  the  RCA's jurisdiction  over  joint  use  and                                                               
interconnection would continue over  this organization even after                                                               
it is  no longer  subject to  regulation. This  is the  one point                                                               
that Legislative Legal suggested and that is the intent.                                                                        
                                                                                                                                
4:44:41 PM                                                                                                                    
CO-CHAIR  WIELECHOWSKI said  you  have an  IPP,  Fire Island  for                                                               
instance, and they want to put  their power into this system, how                                                               
would the interconnection  work? What if they can't  come up with                                                               
an acceptable cost agreement?                                                                                                   
                                                                                                                                
MR.  BJORKQUIST replied  that two  statutes under  RCA regulation                                                               
are  cited  in  that  section;  one  provides  an  obligation  on                                                               
utilities  to negotiate  for joint  use and  interconnection. The                                                               
second  reference  says  that if  utilities  don't  negotiate  an                                                               
adequate deal  that the RCA can  step in and order  joint use and                                                               
interconnection as  well as establish  rules that would  apply to                                                               
that.                                                                                                                           
                                                                                                                                
CO-CHAIR WIELECHOWSKI  asked the question  again - how  (b)(2) on                                                               
page  18, lines  7-9, prevents  exclusion of  an IPP,  because he                                                               
thought this would be a big issue down the line.                                                                                
                                                                                                                                
MR. BJORKQUIST responded that AS  42.05.311 requires utilities to                                                               
negotiate joint use  and interconnections so that an  IPP can put                                                               
its power onto  a transmission system for sale  to its purchaser.                                                               
The utilities  have an  obligation to  negotiate that  to happen,                                                               
and if  they fail to do  that, the second statutory  provision is                                                               
when the  RCA steps in and  orders that to happen  with the terms                                                               
and conditions that would be applicable.                                                                                        
                                                                                                                                
CO-CHAIR  WIELECHOWSKI  asked  if   that  would  happen  after  a                                                               
comprehensive hearing with the RCA.                                                                                             
                                                                                                                                
MR.  BJORKQUIST answered  that  he had  only  been involved  with                                                               
joint use and  interconnection in one context and that  had to do                                                               
with  the 19  miles  of  the original  Alaska  Intertie that  was                                                               
subject  to  contract between  the  AEA  and Matanuska  Electric.                                                               
Matanuska Electric terminated  the contract, and in  order to not                                                               
allow a disruption  of services, the other utilities  went to the                                                               
RCA to  get joint use and  interconnection. Negotiations happened                                                               
for a period  of time, followed by a hearing  before the RCA that                                                               
ordered  joint  use  and  interconnection   with  the  terms  and                                                               
conditions.                                                                                                                     
                                                                                                                                
4:47:14 PM                                                                                                                    
MR. BJORKQUIST  said language  on page 5  explains the  makeup of                                                               
the board  of directors.  Each public  utility GRETC  member will                                                               
have two directors,  the governor will select another  one from a                                                               
list of directors submitted by the public utility members.                                                                      
                                                                                                                                
He said language on page  7, line 17, describes membership. There                                                               
are two  types of members of  a G&T corporation -  the two public                                                               
utility director  representatives and then members  who are other                                                               
entities that purchase power services  from that, but they do not                                                               
have representative directors.  The qualifications for membership                                                               
as a public  utility member include: it has to  be a municipal or                                                               
cooperative  and it  has to  be  electrically interconnected.  It                                                               
excludes  affiliates of  public utility  members so  there aren't                                                               
duplicate voting rights.                                                                                                        
                                                                                                                                
CO-CHAIR  WIELECHOWSKI  assumed  that the  membership  definition                                                               
includes the seven Railbelt utilities.                                                                                          
                                                                                                                                
MR.  BJORKQUIST answered  that originally  section 13  listed six                                                               
eligible  Railbelt  utilities that  could  become  a member  that                                                               
don't  go through  this process.  If they  satisfy the  condition                                                               
under  Section 14  they will  become an  original public  utility                                                               
member as well.  Others would have to satisfy  those criteria and                                                               
then  be approved  for membership  by  a two-thirds  vote of  the                                                               
board of directors.                                                                                                             
                                                                                                                                
CO-CHAIR  WIELECHOWSKI  asked  if  his  definition  of  a  public                                                               
utility  member starting  on page  7, line  23, included  the six                                                               
public utilities.                                                                                                               
                                                                                                                                
MR. BJORKQUIST answered  yes. He added that  language starting on                                                               
page  9,  line  25,  listed   most  of  the  powers  of  electric                                                               
cooperatives  as  the  general  powers  of  the  corporation.  He                                                               
highlighted that section  (a)(8) on page 10, line  13, allows for                                                               
sales to industrial  customers if it is to a  public utility with                                                               
a service  territory, and that  section (a)(15) on page  11, line                                                               
8,  is  the power  to  exercise  eminent  domain. This  power  is                                                               
granted to  every public utility  but it has a  limitation. GRETC                                                               
cannot   exercise   eminent   domain  to   take   generation   or                                                               
transmission  assets  from another  public  utility.  So, it  has                                                               
lesser powers than a public utility has, but no more.                                                                           
                                                                                                                                
Language  on  page 12,  lines  10-14,  contains a  limitation  to                                                               
protect  the  GRETC  members' preclusion  from  having  bilateral                                                               
contracts with others for a power sale or wheeling.                                                                             
                                                                                                                                
4:51:41 PM                                                                                                                    
Four sections starting  on page 12, line 21  provide for regional                                                               
planning,  one  of  the  areas   where  GRETC  may  provide  some                                                               
significant   advantages.  Rate   regulation  generally   doesn't                                                               
address rate issues  until after a project is built;  so you miss                                                               
an opportunity  to pick  between alternatives.  He said  that the                                                               
best  opportunity  to save  money  for  ratepayers frequently  is                                                               
before it is spent constructing a  project, a point in time where                                                               
the best  choice can  be decided  upon. Having  regional planning                                                               
can  be effective  in  a number  of ways  to  help that  process.                                                               
First,  the  information  is available  to  the  corporation  and                                                               
members to  help them make  better decisions. But  the ratepayers                                                               
will have the information as  well as the legislature, which will                                                               
have  that  information  both for  oversight  activities  and  in                                                               
dealing with  state financial assistance  to the  corporation. If                                                               
there are  choices being made  in the regional planning  that the                                                               
legislature  would question,  that will  come up  when the  state                                                               
financial assistance is being discussed.                                                                                        
                                                                                                                                
SENATOR WAGONER  asked why  have GRETC  be capable  of exercising                                                               
the  power of  eminent  domain if  all  the member  organizations                                                               
already  have  it  and  they  are much  more  answerable  to  the                                                               
constituents that live  in that district where  eminent domain is                                                               
going to be  used. He said he has always  had trouble with taking                                                               
private property for a public  purpose, and he wasn't comfortable                                                               
with that section.                                                                                                              
                                                                                                                                
MR. BJORKQUIST  replied that  the purpose of  this section  is to                                                               
give the entity that would be  needing the property to be able to                                                               
develop  their  project  the  power   to  achieve  that.  If  the                                                               
corporation did  not have  that power, it  would have  less power                                                               
than any  other public utility  and arguably wouldn't be  able to                                                               
develop a  project unless some  other entity would be  willing to                                                               
exercise its powers  of eminent domain. It  might create problems                                                               
also because  eminent domain  requires paying  for what  is being                                                               
taken.  There  is  a  synergy   to  having  the  entity  that  is                                                               
developing  the  project and  going  to  be responsible  for  the                                                               
payment having that power.                                                                                                      
                                                                                                                                
4:55:02 PM                                                                                                                    
SENATOR  WAGONER said  he  hated  to argue  the  point, but  some                                                               
property owners  haven't always been  paid what they  think their                                                               
property is  worth, and he  thought they  were "going a  step too                                                               
far with this eminent domain."  He could envision Homer Electric,                                                               
for instance,  objecting to  a project in  their area  and hiding                                                               
behind this organization that is  taking property through eminent                                                               
domain. A lot of people wouldn't understand this organization.                                                                  
                                                                                                                                
4:57:00 PM                                                                                                                    
MR. STRANDBERG said  he shared his concern about  "the heavy hand                                                               
of government taking  away land for public purposes."  But one of                                                               
the most difficult  parts of the company is going  to be securing                                                               
property so  it can  actually build  transmission lines.  The AEA                                                               
has  been working  with  ML&P  on a  new  transmission line  from                                                               
Hatcher Pass  down to  Knik where they  face those  issues. While                                                               
the eminent  domain power is there,  he said, in practice  "we do                                                               
not even  look at  going there."  And it is  very common  for G&T                                                               
organizations throughout the  United States to have  some form of                                                               
eminent  domain  power. The  hope  is  to  have the  right  board                                                               
structure  and the  right governance  so that  concerns from  the                                                               
retail customer flow up into the governance of the new company.                                                                 
                                                                                                                                
4:58:18 PM                                                                                                                    
CO-CHAIR WIELECHOWSKI said it would be a policy call.                                                                           
                                                                                                                                
MR. BJORKQUIST  said this bill contemplates  that state financial                                                               
assistance will be provided and  that language in AS 42.50.150 on                                                               
page 14,  lines 11,  listed types  of state  financial assistance                                                               
that the corporation  may obtain. He pointed out  that nothing in                                                               
this  bill   obligates  the  state   to  provide   any  financial                                                               
assistance and neither does it  limit the strings the legislature                                                               
can impose  with any state  financing that is provided.  There is                                                               
also  every expectation  that there  will  be negotiations  about                                                               
terms and  conditions that are going  to be attached to  it. This                                                               
bill  is  just a  starting  point  for a  lot  of  the terms  and                                                               
conditions that might  be imposed more specifically  on a project                                                               
by project basis.                                                                                                               
                                                                                                                                
5:00:00 PM                                                                                                                    
Going back  to page 12,  lines 25-30, Mr. Bjorkquist  pointed out                                                               
that  in the  integrated resource  plan and  the long-range  fuel                                                               
supply  plan,  the  corporation  is  obligated  to  evaluate  and                                                               
consider state energy plans or other  plans, and if they chose to                                                               
deviate from  them they have  to include a report  explaining the                                                               
differences. This  is important  because it  creates transparency                                                               
and political  accountability. He said  the many other  terms and                                                               
conditions  in the  bill tie  to corporate  type functions  while                                                               
some are  unique to GRETC.  He offered to answer  questions about                                                               
details.                                                                                                                        
                                                                                                                                
5:02:55 PM                                                                                                                    
CO-CHAIR WIELECHOWSKI said they  really appreciated his testimony                                                               
and that SB 143 would be held  for further work. He said they had                                                               
a lot to digest and adjourned the meeting at 5:02.                                                                              
                                                                                                                                

Document Name Date/Time Subjects
SB 275 - Bill Packet.pdf SRES 3/24/2010 3:30:00 PM
SB 275
SB 143 - S Version.pdf SRES 3/24/2010 3:30:00 PM
SB 143