Legislature(2003 - 2004)

01/30/2003 01:29 PM House FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                   HOUSE FINANCE COMMITTEE                                                                                      
                      January 30, 2003                                                                                          
                           1:29 PM                                                                                              
                                                                                                                                
 TAPE HFC 03 - 5, Side A                                                                                                        
 TAPE HFC 03 - 5, Side B                                                                                                        
                                                                                                                                
 CALL TO ORDER                                                                                                                
                                                                                                                                
 Co-Chair Harris called the House Finance Committee meeting                                                                     
 to order at 1:29 PM.                                                                                                           
                                                                                                                                
 MEMBERS PRESENT                                                                                                              
                                                                                                                                
 Representative John Harris, Co-Chair                                                                                           
 Representative Bill Williams, Co-Chair                                                                                         
 Representative Kevin Meyer, Vice-Chair                                                                                         
 Representative Eric Croft                                                                                                      
 Representative Richard Foster                                                                                                  
 Representative Mike Hawker                                                                                                     
 Representative Reggie Joule                                                                                                    
 Representative Carl Moses                                                                                                      
 Representative Gary Stevens                                                                                                    
 Representative Bill Stoltze                                                                                                    
 Representative Jim Whitaker                                                                                                    
                                                                                                                                
                                                                                                                                
 MEMBERS ABSENT                                                                                                               
                                                                                                                                
 None                                                                                                                           
                                                                                                                                
                                                                                                                                
 ALSO PRESENT                                                                                                                 
                                                                                                                                
 Ernesta Ballard, Commissioner,  Department of Environmental                                                                    
 Conservation; Kurt Fredrickson, Acting Deputy Commissioner,                                                                    
 Department  of Environmental  Conservation;  Nan  Thompson,                                                                    
 Chair, Regulatory Commission of Alaska.                                                                                        
                                                                                                                                
 PRESENT VIA TELECONFERENCE                                                                                                   
                                                                                                                                
 None                                                                                                                           
                                                                                                                                
 GENERAL SUBJECT(S):                                                                                                          
                                                                                                                                
 DEPARTMENT OF ENVIRONMENTAL CONSERVATION (DDEC)                                                                                
 REGULATORY COMMISSION OF ALASKA                                                                                                
                                                                                                                                
The following overview was taken in log note format.  Tapes                                                                     
and handouts will be on file with the House Finance                                                                             
Committee through the 23rd Legislative Session, contact 465-                                                                    
2156. After the 23rd Legislative Session they will be                                                                           
available through the Legislative Library at 465-3808.                                                                          
                                                                                                                              
                                                                                                                                
LOG SPEAKER                DISCUSSION                                                                                       
                                                                                                                              
      TAPE HFC 03 - 5                                                                                                         
      SIDE A                                                                                                                  
000 Co-Chair Harris        Convened the meeting of the House Finance                                                            
                           Committee  at 1:29 p.m.   Roll was called                                                            
                           and a quorum established.                                                                          
      Co-Chair Harris      Invited members to bring any outstanding                                                             
                           business   forward.   Hearing  none,   he                                                            
                           invited Ms. Ballard to come forward.                                                               
                           DEPARTMENT OF ENVIRONMENTAL CONSERVATION                                                             
                           (DEC)                                                                                              
145 ERNESTA BALLARD,       Introduced Mr. Fredrickson who would also                                                            
      COMMISSIONER,        be available to answer questions.  Ms.                                                               
      DEPARTMENT OF        Ballard     summarized    her    business                                                            
      ENVIRONMENTAL        background, explaining that she had spent                                                            
      CONSERVATION         half of her career in the private and                                                                
                           half in the public sector.  She mentioned                                                            
                           her  experience working for universities,                                                            
                           the Federal Government, the Environmental                                                            
                           Protection  Agency  (EPA) [administrating                                                            
                           for  a region  which included  Alaska], a                                                            
                           bank,   the  Cape   Fox   Corporation  in                                                            
                           Saksman,  and,  most  recently,  her  own                                                            
                           consulting business.   She noted that she                                                            
                           had worked previously with members of DEC                                                            
                           with  her consulting firm,  and expressed                                                            
                           her pride in now serving as their leader.                                                            
                           She  emphasized  her  commitment  to  the                                                            
                           Governor's   priority   of   revitalizing                                                            
                           resource  industries,  thereby supporting                                                            
                           local  economies.   She noted that,  as a                                                            
                           resident    of   Ketchikan,    she   felt                                                            
                           enthusiastic  about  the  future of  this                                                            
                           community  in view  of  projected capital                                                            
                           returns.                                                                                           
531 Ms. Ballard            Clarified her understanding of DEC's                                                                 
                           mission  as  derived  from  statues,  and                                                            
                           referred  to the handout  outlining these                                                            
                           statutes (AS 46.03.010 and AS 44.46.020),                                                            
                           listing  the policies  and duties  of the                                                            
                           department  (copy on  file.)  She pointed                                                            
                           out    that   DEC's    primary   mission,                                                            
                           established  over  30 years  ago, was  to                                                            
                           further  the   statutory  policy  of  the                                                            
                           legislature   to  conserve,  improve  and                                                            
                           protect the state's natural resources.                                                             
643 Ms. Ballard            Summarized their duties as being to adopt                                                            
                           and  enforce protective standards for the                                                            
                           prevention  of   pollution  and  for  the                                                            
                           protection   of  public   health.     (AS                                                            
                           44.46.020)   She noted that  those duties                                                            
                           derived  by a public  interest identified                                                          
                            by  the legislature,  considered  greater                                                           
                            than individual interests.   She referred                                                           
                            to statute (AS 46.03.010) identifying the                                                           
                            State as  the trustee of the  environment                                                           
                            for present and future generations.   She                                                           
                            expressed  her  personal  belief  in  the                                                           
                            legislatures' proposal of balance between                                                           
                            the  public  interest  for  environmental                                                           
                            protection  and  the  private   right  of                                                           
                            citizens to be left alone.   She observed                                                           
                            the responsibility of  DEC to do no  more                                                           
                            in the job than  intended by legislature,                                                           
                            but  no less  than necessary  to  protect                                                           
                            public  interest.      She   referred  to                                                           
                            Administrative   Order  202,   in   which                                                           
                            departments    are   charged    with    a                                                           
                            performance audit to  determine statutory                                                           
                            and regulatory compliance.                                                                        
 929 Ms. Ballard            Explained that, in the process of this                                                              
                            internal  audit,  she  would  investigate                                                           
                            what she  termed as  mission creep -  the                                                           
                            natural  tendency  to  allow  agendas  to                                                           
                            effect  policies  and  compliance.    She                                                           
                            noted her commitment to understanding the                                                           
                            regulatory  framework, and  places  where                                                           
                            the  department  may  have  over  stepped                                                           
                            statutory  intent.  She   emphasized  her                                                           
                            commitment to  ensure that  environmental                                                           
                            and  public health  standards  were  fact                                                           
                            based, and that systems were in  place to                                                           
                            implement those  standards, with  logical                                                           
                            permits and accompanying regulations.                                                             
 1038 Ms. Ballard           Concluded by stating her priority to cut                                                            
                            costs     through     efficiency      and                                                           
                            effectiveness. Specifically she noted her                                                           
                            own goals  and measurements:   regulatory                                                           
                            proposals  which are  easy to  understand                                                           
                            and  well  coordinated with  other  state                                                           
                            departments and  federal agencies;  using                                                           
                            regulatory discretion  to tailor  actions                                                           
                            to match Alaskan circumstances; web pages                                                           
                            which  are  searchable  and  interactive;                                                           
                            permit    programs   which    are    self                                                           
                            implementing;  increased field  presence;                                                           
                            enforcement as a  predictable consequence                                                           
                            of deceit  and equivocation;  opportunity                                                           
                            for  public comment  at convenient  times                                                           
                            and places.                                                                                       
 1209 Ms. Ballard           Proposed   that    confidence   in    her                                                           
                            Department  could be  achieved  when  its                                                           
                            performance   was  timely,   predictable,                                                           
                            rational, and  fact based.   She  thanked                                                           
                            the    Committee   Members    for    this                                                         
                           opportunity     and     concluded     her                                                            
                           presentation.                                                                                      
1308 Ms. Ballard           Affirmed a statement by Co Chair Harris                                                              
                           that  her  philosophy,  and that  of  the                                                            
                           Administration,  was  to support  natural                                                            
                           resource      development      in      an                                                            
                           environmentally   sound  manner   and  to                                                            
                           comply  with environmental regulations in                                                            
                           the process.                                                                                       
1358 Representative        Noted Ms. Ballard's personal goal for a                                                              
      Whitaker             self-implementing permit process.                                                                  
1427 Ms. Ballard           Elaborated   by   explaining   that,   by                                                            
                           identifying    activities   with   common                                                            
                           characteristics  and   likelihood  for  a                                                            
                           common  effluence,  it  was  possible  to                                                            
                           write a permit to describe circumstances,                                                            
                           and to file a notice of intent under that                                                            
                           general permit.   She mentioned that this                                                            
                           was  a  commonly  used  regulatory  tool,                                                            
                           allowing   more   time   for   staff   on                                                            
                           protective  standards  and  in the  field                                                            
                           understanding    circumstances.       She                                                            
                           conceded  that  there were  circumstances                                                            
                           that did not fit general permits, when an                                                            
                           individual permit was necessary.                                                                   
1552 Representative        Asked how DEC interacted with seafood                                                                
      Stevens              industry, as with seafood inspection and                                                             
                           laboratory work paralytic shellfish.                                                               
1617 Ms. Ballard           Responded that the seafood industry, as a                                                            
                           processor,  produced discharges in water.                                                            
                           She emphasized that those discharges must                                                            
                           meet  water quality  standards.   DEC, in                                                            
                           conjunction  with the EPA, has  a program                                                            
                           in which the EPA is the lead agency.  She                                                            
                           noted that the Palmer laboratory facility                                                            
                           must be  vacated by the end of 2003 and a                                                            
                           that  a modern  lab would  be  built near                                                            
                           Anchorage to ensure that fisheries can be                                                            
                           supported  with  a  quick turnaround  for                                                            
                           shellfish poisoning testing.                                                                       
1801 Ms. Ballard           Responded     to    a    question    from                                                            
                           Representative  Stevens  and stated  that                                                            
                           the lab design had been funded at over $1                                                            
                           million, but had not yet been built.                                                               
1813  Representative Meyer Asked for  clarification on when the dept                                                            
                           became  involved with  local issues.   He                                                            
                           noted an instance regarding a subdivision                                                            
                           in  Anchorage.   He inquired  whether Ms.                                                            
                           Ballard  preferred that  local government                                                            
                           handle  issues, and when she  thought DEC                                                            
                           should become involved.                                                                            
1900 Ms. Ballard           Responded that DEC would always prefer                                                               
                           for  issues  pertaining to  land use  and                                                          
                            development   be   addressed   by   local                                                           
                            government.   She also noted that  public                                                           
                            water systems were the  responsibility of                                                           
                            DEC.    The  agency  determines  drinking                                                           
                            water standards for resultant water.  Ms.                                                           
                            Ballard explained that, if  a subdivision                                                           
                            was to  be created  near a water  source,                                                           
                            which might,  because of the  disturbance                                                           
                            of the land, become impacted, lines might                                                           
                            become blurred.  However,  she reiterated                                                           
                            that  it was  still DEC's  preference  to                                                           
                            have engineering  and analysis  completed                                                           
                            by  the local  planning authority.    She                                                           
                            noted  that  with  reluctance   DEC  used                                                           
                            expertise to  give general  advise.   She                                                           
                            pointed  out that  DEC had  no  decision-                                                           
                            making  or   permitting  authority   with                                                           
                            regard to local subdivisions.                                                                     
 2031 Representative Meyer Asked whether there were plans for the                                                               
                            agency in the way of  changes, mergers or                                                           
                            consolidations.  He referred to tattooing                                                           
                            and  body  piercing as  listed  as  under                                                           
                            DEC's purview in regard to public safety.                                                         
 205 Ms. Ballard            Stated   that   the   only    plans   for                                                           
                            organizational changes would occur around                                                           
                            vacancies  or   opportunities.        She                                                           
                            confirmed  that body  piercing was  DEC's                                                           
                            responsibility under statute.                                                                     
 2124 Co-Chair Williams     Noted that Ms. Ballard was a friend and                                                             
                            expressed  his pride  in her  development                                                           
                            since he was  a part of her original  job                                                           
                            in   Alaska.    He   asked   about    the                                                           
                            administration of water primacy.                                                                  
 2150 Ms. Ballard           Spoke to her viewpoint, being as yet                                                                
                            unaware of the Governor's stance  on this                                                           
                            issue.   She explained that the  national                                                           
                            environmental  laws at  this  moment  had                                                           
                            been delegated to states in  the majority                                                           
                            of cases.  At state level, with statutory                                                           
                            authority,  permit writers  can  use  all                                                           
                            regulatory    tools    available.     She                                                           
                            exemplified   that   when   a   discharge                                                           
                            occurred  in  water,  if  the   point  of                                                           
                            compliance must be at point of discharge,                                                           
                            then a  great deal of treatment would  be                                                           
                            needed upstream.   If, however, a  mixing                                                           
                            zone    accommodated   the    point    of                                                           
                            compliance, there would be an opportunity                                                           
                            to engineer the discharge at a lower cost                                                           
                            and higher  efficiency.  She pointed  out                                                           
                            that this  type of regulatory  discretion                                                           
                            was  used   by  nearly  every  state   in                                                           
                            administrating  programs.   However,  the                                                         
                           Federal  Government on  behalf of  states                                                            
                           did  not  use that  level of  discretion.                                                            
                           The noted  that the Fed Government took a                                                            
                           conservative point to administer a permit                                                            
                           program  in   a  state.  States  can  use                                                            
                           discretion to  write permits that achieve                                                            
                           protection  while  allowing  engineering.                                                            
                           She  further assured  the  Committee that                                                            
                           current    regulatory   language,   which                                                            
                           allowed regulatory discretion to DEC, was                                                            
                           similar  to that  used by  other programs                                                            
                           around the country, according to a recent                                                            
                           comparison  conducted by State  of Alaska                                                            
                           regulatory specialists.                                                                            
2500 Ms. Ballard           Also responded that primacy of the NPDES                                                             
                           (National Pollutant Discharge Elimination                                                            
                           Systems) Program,  allowing permits to be                                                            
                           written by the State of Alaska, DEC would                                                            
                           use  the  same  discretion in  all  other                                                            
                           permitting  programs, similar to programs                                                            
                           in many  other states.  She expressed her                                                            
                           belief that this kind of discretion would                                                            
                           not   violate  standards  or  harm  water                                                            
                           quality.                                                                                           
2526  Representative Joule Asked Ms.  Ballard to elaborate on budget                                                            
                           reductions.                                                                                        
2542 Ms. Ballard           Responded that where vacancies occurred,                                                             
                           she  would investigate  consolidating and                                                            
                           internal    streamlining.      She   also                                                            
                           mentioned the area of some federal grants                                                            
                           that were better suited to larger cities.                                                            
                           She  noted  a  current  review  of  grant                                                            
                           funding, to  determine federal funds that                                                            
                           might  be passed  up in  order  to reduce                                                            
                           general fund spending in that area.                                                                
2707  Representative Joule Observed  that  these  ideas  for  budget                                                            
                           reductions   did  not   seem  to   impact                                                            
                           statutory obligations.                                                                             
2737 Ms. Ballard           Confirmed that she was committed to                                                                  
                           statutory  responsibilities, but that she                                                            
                           may  propose to release  federally funded                                                            
                           programs  that were  not  consistent with                                                            
                           DEC's central mission.                                                                             
2759  Representative Croft Asked  for  clarification  on  the  major                                                            
                           areas  of in  which the  State maintained                                                            
                           primacy.                                                                                           
2818  KURT FREDRICKSON,    Confirmed that, of twenty possible areas,                                                            
      ACTING DEPUTY        Alaska had primacy in air and drinking                                                               
      COMMISSIONER,        water primarily.  Ms. Ballard offered to                                                             
      DEPARTMENT OF        provide a list of these areas to the                                                                 
      ENVIRONMENTAL        Committee.                                                                                         
      CONSERVATION                                                                                                              
                                                                                                                                
 2903 Representative Croft  Clarified  that   the  issue   previously                                                           
                            discussed  was that  of water  discharge,                                                           
                            noting that this issue had been  a costly                                                           
                            one to solve in past experience.                                                                  
 2920 Ms. Ballard           Concurred   that   the    Committee   had                                                           
                            previously directed the  DEC to design  a                                                           
                            program, and  report the projected  costs                                                           
                            and statutory  changes it required.   She                                                           
                            stated  that  personnel  had  been  hired                                                           
                            recently  in  this  regard,  and  that  a                                                           
                            report would be forthcoming by the end of                                                           
                            2003.                                                                                             
 2945 Representative Croft  Expressed his preference to  have Alaskan                                                           
                            permit  writers   with  more   regulatory                                                           
                            discretion,    rather    than     federal                                                           
                            employees.                                                                                        
 3013 Ms. Ballard           Stressed that, even when using such                                                                 
                            regulatory discretion, that water quality                                                           
                            standards did not change.  She noted that                                                           
                            the  goal   was  to  make   site-specific                                                           
                            determinations,    which     would     be                                                           
                            inappropriate for the EPA.                                                                        
 3108 Representative Croft  Reiterated that having primacy also meant                                                           
                            expending funds, and that he hoped Alaska                                                           
                            could afford to do it.                                                                            
 3118 Representative        Observed that Alaska's inability to test                                                            
      Stevens               seafood products kept us out of the                                                                 
                            market, especially in terms of shellfish.                                                           
                            He  asked   about  a  solution  to   this                                                           
                            problem.                                                                                          
 3152 Ms. Ballard           Explained that to sell fresh product from                                                           
                            waters that might have  been contaminated                                                           
                            by PSP  (paralytic shellfish  poisoning),                                                           
                            the   primary  challenge   was  to   find                                                           
                            assurances.  She stated that  the vehicle                                                           
                            for   this    was   through    controlled                                                           
                            laboratories. The  agent  used is  highly                                                           
                            toxic, and  should not be distributed  to                                                           
                            local  complexes.    By  moving  the  lab                                                           
                            closer to  Anchorage, and by  maintaining                                                           
                            professionalism and adequate budget,  the                                                           
                            State has been able to support fisheries.                                                           
                            She expressed the need to find a harmless                                                           
                            test, but that one did not  exist at this                                                           
                            time.                                                                                             
 3325 Representative        Referred to a study in the past regarding                                                           
      Stevens               tests to be used on a beach.                                                                      
 3352 Ms. Ballard           Responded that tests were underway around                                                           
                            the  world, and  that DEC  was  following                                                           
                            their development.                                                                                
 3410 Representative        Pointed out that Palmer did have an                                                                 
      Stoltze               airport and might be able to support a                                                              
                            laboratory.                                                                                       
3430 Ms. Ballard           Noted that the new lab in Anchorage                                                                  
                           performed  all  of the  functions of  the                                                            
                           previous   lab,   including  agricultural                                                            
                           functions, however in a modern setting.                                                            
3441 Co-Chair Harris       Asked whether Ms. Ballard was prepared to                                                            
                           tell   the  Committee  whether   she  had                                                            
                           adequate   personnel  to   fulfill  their                                                            
                           mission.                                                                                           
3516 Ms. Ballard           Said she would do the best she could with                                                            
                           the resources available.                                                                           
3530 Co-Chair Harris       Observed Ms. Ballard's intent for DEC to                                                             
                           perform   those  duties   which  statutes                                                            
                           required, and  that perhaps DEC currently                                                            
                           fulfilled duties  that were not required.                                                            
                           He   asked  whether,  during  a  time  of                                                            
                           limited  resources, the  department would                                                            
                           request more employees.                                                                            
3628 Ms. Ballard           Stated that she would balance the                                                                    
                           turnaround time  and duties in accordance                                                            
                           with   the  resources  available.     She                                                            
                           further explained that, within a spectrum                                                            
                           of  duties,  that time  frame would  vary                                                            
                           according to  funding.  She stated a goal                                                            
                           to  move  with  deliberation  to  resolve                                                            
                           uncertainty  surrounding  projects.   She                                                            
                           admitted that turnaround time has been an                                                            
                           issue in the past.                                                                                 
3740  Representative Croft Asked    about   implications    of   the                                                            
                           Governor's  request  for  a five  or  ten                                                            
                           percent reduction to her department.                                                               
3808 Ms. Ballard           Could not reveal detail and once again                                                               
                           referred  to statutory  guidelines, which                                                            
                           would receive top priority in preparing a                                                            
                           budget.                                                                                            
3844  Representative Croft Asked   for  a  frank  response   to  his                                                            
                           question  independent  of confidentiality                                                            
                           with the Governor's office.                                                                        
3912 Ms. Ballard           Responded that she had not had adequate                                                              
                           time to select items for budgetary cuts.                                                           
3940 Co-Chair Harris       Pointed out that budgetary information                                                               
                           would become available in a month.                                                                 
3952 Representative        Expressed his confidence that clean air                                                              
      Stoltze              and water and public health were                                                                     
                           priorities of the agency.                                                                          
4031 Co-Chair Harris       Concluded the discussion on this topic.                                                            
                           REGULATORY COMMISSION OF ALASKA                                                                    
4109 NAN THOMPSON,         Introduced herself as current Chair of                                                               
      COMMISSIONER,        the Regulatory Commission of Alaska.  She                                                            
      REGULATORY           explained that the agency's mission was                                                              
      COMMISSION OF ALASKA to    regulate   public   utilities   and                                                            
                           intrastate   pipeline  carriers.    Their                                                            
                           mission   is  to  provide   oversight  of                                                          
                            monopoly    providers,    and     promote                                                           
                            competition  where   appropriate.     She                                                           
                            pointed   out  that,   last   year,   the                                                           
                            legislature gave Regulatory Commission of                                                           
                            Alaska the  additional responsibility  to                                                           
                            develop  small   (under  five   megawatt)                                                           
                            hydroelectric projects.   She noted  that                                                           
                            the Regulatory Commission of  Alaska came                                                           
                            into existence in  July of 1999 when  the                                                           
                            legislature abolished its predecessor due                                                           
                            to the  amount of backlogged cases.   She                                                           
                            reported  that   backlog  of  cases   had                                                           
                            dissipated  and that  they  been  meeting                                                           
                            legislative deadlines.                                                                            
 4257 Ms. Thompson          Referred to chart illustrating the                                                                  
                            consistent  decrease  of  backlog  cases.                                                           
                            She  noted   that  the   agency  had   62                                                           
                            employees  who  served the  State.    She                                                           
                            recognized  that they  were  directed  by                                                           
                            statute.     She  noted  that  the   five                                                           
                            commissioners  were   appointed  by   the                                                           
                            Governor to six-year terms.   She pointed                                                           
                            out that  the Governor had appointed  two                                                           
                            new Commissioners:  Dave Harbor? And Mark                                                           
                            Johnson.  She also noted that a new Chair                                                           
                            would then be elected for the next year.                                                          
 4452 Ms. Thompson          Explained that commissioners worked in a                                                            
                            variety of ways.  As a panel  of three in                                                           
                            ad  judicatory  dockets,   they  resolved                                                           
                            complaint  filed with  the Agency.    She                                                           
                            stated that commissioners participated in                                                           
                            a public meeting process.   Commissioners                                                           
                            also participate  with other states in  a                                                           
                            less formal policy making process.                                                                
 4604 Ms. Thompson          Noted that their budget was funded                                                                  
                            entirely  through  the   regulatory  cost                                                           
                            charge   mechanism,  and   contained   no                                                           
                            general funds.   Ms. Thompson went on  to                                                           
                            explain  the   role  of  the   Regulatory                                                           
                            Commission of Alaska, which is  unique in                                                           
                            state government.  She explained that the                                                           
                            budget  was allocated  depending  on  how                                                           
                            much time was spent in each  sector.  She                                                           
                            also stated that the amount collected was                                                           
                            capped by  statute at  .8 percent of  the                                                           
                            total  adjusted  gross  revenues  of  all                                                           
                            utilities.                                                                                        
                                                                                                                              
      TAPE HFC 03 - 5,                                                                                                        
      Side B                                                                                                                  
 4644 Ms. Thompson          Explained that all public utilities that                                                            
                            serve   10   or   more    customers   for                                                           
                            compensation must be certificated by  the                                                           
                            RCA;  they are  all subject  to a  public                                                         
                           convenience  and  necessity determination                                                            
                           and  a fitness, willingness,  and ability                                                            
                           requirement   before   they   can   begin                                                            
                           operations. Certificated public utilities                                                            
                           are  subject to economic regulation (rate                                                            
                           review) by  the RCA if they are privately                                                            
                           owned  or   do  not  otherwise  meet  the                                                            
                           exemption criteria in AS 42.05.711.                                                                
4610 Ms. Thompson          Generally, the statute exempts very small                                                            
                           utilities,    those   owned    by   local                                                            
                           governments  and  those  whose  customers                                                            
                           have voted to for exemption from economic                                                            
                           regulation.   The   Commission  regulates                                                            
                           pipelines   and   utilities   to   assure                                                            
                           reasonable and just rates to the consumer                                                            
                           with   fair  rates   of  return   to  the                                                            
                           utilities.   There   are  currently   163                                                            
                           telephone    utilities,    97    electric                                                            
                           utilities,   63   water   utilities,   44                                                            
                           wastewater     utilities,    48    refuse                                                            
                           utilities,  and 20 pipelines certificated                                                            
                           by the  Commission. There are a number of                                                            
                           uncertified   small   rural   water   and                                                            
                           wastewater   utilities   throughout   the                                                            
                           state.   The  Regulatory   Commission  of                                                            
                           Alaska  is  developing  regulations  that                                                            
                           will  simplify the  certification process                                                            
                           for these utilities.                                                                               
4455 Ms. Thompson          Observed that the Regulatory Commission                                                              
                           of  Alaska opens  an average  of  160 new                                                            
                           dockets   a  year.  The   current  docket                                                            
                           caseload  is   214.  Of  these,  158  are                                                            
                           utility cases, 42 are pipeline cases, and                                                            
                           14 are regulations cases. She pointed out                                                            
                           that  214 was  a  significant improvement                                                            
                           from 1999, when the Regulatory Commission                                                            
                           of  Alaska inherited more than twice that                                                            
                           many   dockets  from   their  predecessor                                                            
                           agency.                                                                                            
4434 Ms. Thompson          Explained that the Regulatory Commission                                                             
                           of    Alaska   also    handles   consumer                                                            
                           complaints.  In FY02,  they  received 664                                                            
                           consumer    complaints   about    utility                                                            
                           services.   As    noted   in   the   2002                                                            
                           Legislative Audit  Report on the RCA, the                                                            
                           number  of consumer  complaints increased                                                            
                           by  13  percent  since  the  2001  Audit.                                                            
                           Despite  this  increase,  all  complaints                                                            
                           received in FY02, save one were closed by                                                            
                           October 15, 2002.                                                                                  
4418 Ms. Thompson          Clarified that each regulated utility and                                                            
                           pipeline  carrier is  required to  keep a                                                            
                           current   tariff   on   file   with   the                                                          
                            Commission. The  tariff includes all  the                                                           
                            rules,  rates, terms,  and conditions  of                                                           
                            service under which the utility operates.                                                           
                            Revisions   to   tariffs   are   formally                                                           
                            submitted for  public notice and  comment                                                           
                            and then Commission review and action. Of                                                           
                            536  tariff  revision   filings  received                                                           
                            during FY02, 455 were approved within 30-                                                           
                            45 days  of receipt.  Fifty filings  were                                                           
                            matters   requiring  hearings   or   more                                                           
                            detailed investigation.                                                                           
 4342 Ms. Thompson          Explained that a rate increase request is                                                           
                            an example  of a  proposed tariff  change                                                           
                            that normally takes more than 45  days to                                                           
                            process. These  more complex filings  are                                                           
                            suspended  for further  investigation;  a                                                           
                            formal docket case  is opened to build  a                                                           
                            record for  decision. The Commission  may                                                           
                            reject  tariff  filings if  they  do  not                                                           
                            provide sufficient information to support                                                           
                            the requested change.                                                                             
 4251 Ms. Thompson          Observed that their major work product is                                                           
                            written    Orders.   Commission    orders                                                           
                            describe our  decision and the  reasoning                                                           
                            and record supporting it. Clearly written                                                           
                            orders  would   provide  a  more   stable                                                           
                            environment  within which  utilities  and                                                           
                            pipelines  can  operate.  The  Regulatory                                                           
                            Commission of Alaska produces  an average                                                           
                            of 608 substantive decisions each year.                                                           
 4239 Ms. Thompson          Emphasized that the RCA's approach to                                                               
                            decision-making   has  been   successful.                                                           
                            Since July 1, 1999 when  the RCA started,                                                           
                            only  16  of  nearly   2,000  substantive                                                           
                            orders  have been  appealed. Federal  and                                                           
                            state courts have issued decisions  in 13                                                           
                            of those  cases, and  the agency has  not                                                           
                            been  reversed  once.  Two  appeals  were                                                           
                            dismissed  by stipulation.  One case  was                                                           
                            remanded  to the  agency with  a  finding                                                           
                            that the Regulatory Commission  of Alaska                                                           
                            erred  by not  holding a  hearing  before                                                           
                            rendering a  decision and an  instruction                                                           
                            to conduct one.                                                                                   
 4142 Ms. Thompson          Observed that there are 9 pending appeals                                                           
                            from agency  decisions. Reviewing  courts                                                           
                            have  consistently  held  that  they  are                                                           
                            correctly applying the law.                                                                       
 4115 Ms. Thompson          Reviewed the U.S.D.A. Grant: During FY02,                                                           
                            the   agency   submitted   a   successful                                                           
                            application  to the  U.S.  Department  of                                                           
                            Agriculture  for  a  $7.5  million  grant                                                           
                            program  to  spread   broadband  Internet                                                         
                           access  to  Alaskan  communities not  yet                                                            
                           connected to the Internet.                                                                         
4054 Ms. Thompson          Explained that the RCA will work with the                                                            
                           Denali  Commission, DCED/RUBA,  and other                                                            
                           agencies to implement this program during                                                            
                           FY03.                                                                                              
4032 Ms. Thompson          Discussed     the    Small    Water-Power                                                            
                           Development  Project Regulation: The 2002                                                            
                           Legislature   enacted   statutes,   which                                                            
                           require the RCA to establish a regulatory                                                            
                           program  for small waterpower development                                                            
                           projects.    She   observed   that   FERC                                                            
                           currently  has  jurisdiction  over  these                                                            
                           projects.   The  approved   program  will                                                            
                           require   coordination  with  the  Alaska                                                            
                           Department  of Natural Resources  and the                                                            
                           Department of Fish and Game.                                                                       
3957 Ms. Thompson          Reviewed Sustainable Rural Utilities: The                                                            
                           RCA   participates  in  a  federal  state                                                            
                           working  group that  is trying  to insure                                                            
                           that  the water  and sewer  systems being                                                            
                           constructed in  rural Alaska with federal                                                            
                           grant   monies  will  continue  to  offer                                                            
                           affordable,   reliable  service   in  the                                                            
                           future.                                                                                            
3901 Ms. Thompson          Noted that Regulatory Commission of                                                                  
                           Alaska is  looking at possible changes to                                                            
                           PCE   regulations  in  order   to  create                                                            
                           incentives for  efficiency in the program                                                            
                           and  insure  that  funds are  distributed                                                            
                           equitably.  Utilities  are  an  important                                                            
                           infrastructure  for the  future of  rural                                                            
                           Alaska.                                                                                            
3858 Ms. Thompson          Reviewed Improved Public Access: The                                                                 
                           agency is  working to function better and                                                            
                           faster.   The  Regulatory  Commission  of                                                            
                           Alaska  website  has  been redesigned  to                                                            
                           make  processes and orders  accessible to                                                            
                           the    public.   They   have   instituted                                                            
                           automatic  email notification  of orders,                                                            
                           notices, and filings, saving time, paper,                                                            
                           and  postage.  Internally  they have  cut                                                            
                           down   on  paper  processes  by  scanning                                                            
                           filings    and   instituting   electronic                                                            
                           document   retrieval.  Electronic  filing                                                            
                           procedures are being developed for use by                                                            
                          the utilities.                                                                                      
3808 Ms. Thompson          Maintained that the RCA will play a vital                                                            
                           role in the natural gas pipeline approval                                                            
                           process;  the  continuing  transition  to                                                            
                           communications   competition;   and   the                                                            
                           development    of    sustainable    rural                                                            
                           utilities   -   all   matters  of   great                                                          
                            legislative interest as well.                                                                     
 3729 Representative        Concern about backlog in decisions. Noted                                                           
      Stoltze               that a request for a change within                                                                  
                            balloting has been delayed.                                                                       
 3710 Ms. Thompson          Stated that she would like to identify                                                              
                            the case in question.                                                                             
 3553 Representative Meyer  Referred  to   consumer  complaints.   He                                                           
                            observed  that as  new  subdivisions  are                                                           
                            developed, property owners would like  to                                                           
                            have choice  in companies.  Unfortunately                                                           
                            consumers  are caught  between  competing                                                           
                            companies  and  might go  30  -  60  days                                                           
                            before their phones can be hooked up.                                                             
 3410 Ms. Thompson          Stated that the Regulatory Commission of                                                            
                            Alaska  opened a  docket to  discuss  the                                                           
                            issue in  Anchorage to resolve the  phone                                                           
                            competition issue.  The  docket is  still                                                           
                            open and the Commission is  still working                                                           
                            on   the  issue.   She  emphasized   that                                                           
                            consumers  need an  advocate  to  protect                                                           
                            them.                                                                                             
 3253 Representative Croft  Spoke   to  the   competition  issue   in                                                           
                            Anchorage.  He   questioned  how  it   is                                                           
                            possible  to know  when there  is  enough                                                           
                           competition.                                                                                       
 3208 Ms. Thompson          Pointed out that there are no federal or                                                            
                            state  regulations   to  determine   when                                                           
                            competition is optimized.  The Commission                                                           
                            is   examining  all   their   competition                                                           
                            markets to research the issue.                                                                    
 3107 Representative Croft  Questioned the  market share position  in                                                           
                            Anchorage.                                                                                        
 3053 Ms. Thompson          More than 40 percent of the local market                                                            
                            has gone to the competitive carrier.                                                              
 3031 Representative Croft  Stressed that  the issue is balance:  too                                                           
                            little or too much competition can create                                                           
                            problems. He questioned if affects of too                                                           
                            much  competition through  a  slowing  of                                                           
                            expansion has been seen.                                                                          
 2939 Ms. Thompson          The Commission has observed that there                                                              
                            are   many    more   opportunities    for                                                           
                            consumers. Investment and  innovation has                                                           
                            continued to come to the  consumer. It is                                                           
                            a  market in  transition. The  entombment                                                           
                            has  made   significant  investments   in                                                           
                            broadband and wireless.                                                                           
 2758 Representative Croft Referred to unbundled networks.                                                                    
 2745 Ms. Thompson          Explained that under the federal 1996                                                               
                            Telecommunications  Act,  incumbents  are                                                           
                            required  to  lease  portions   of  their                                                           
                            network to  competitors. The FCC came  up                                                           
                            with a  methodology that has been  upheld                                                         
                          in the courts.                                                                                      
2609 Ms. Thompson          Observed that the question is whether                                                                
                           competitors will  be allowed to come into                                                            
                           a  market without any infrastructure. The                                                            
                           loop is  currently being leased, which is                                                            
                           not a big issue in Alaska.                                                                         
2524  Representative Croft The  question  is  whether the  state  of                                                            
                           competition has been meet in Anchorage.                                                            
2454 Ms. Thompson          Clarified that there is a maximum of two                                                             
                           years to conclude review.                                                                          
2431  Representative Croft Questioned  if there is  more competition                                                            
                           in  the Anchorage market than other areas                                                            
                          in the nation.                                                                                      
2403 Ms. Thompson          Acknowledged that Alaska is at the head                                                              
                           of the  curve because the state of Alaska                                                            
                           did not start with a Bell company.                                                                 
2340 Representative        Referred to efficiencies in Power Cost                                                               
      Stevens              Equalization.                                                                                      
2324 Ms. Thompson          Noted that the Regulatory Commission of                                                              
                           Alaska  has statutory  direction to  make                                                            
                           sure   that  compensations  occur  within                                                            
                           guidelines.    Efficiency   criteria   in                                                            
                           Regulatory    Commission   of    Alaska's                                                            
                           regulation are being modified with public                                                            
                           discussion. They are also working to make                                                            
                           the  administration of  the  program fair                                                            
                           and more efficient. Efficiencies apply to                                                            
                           fuel consumption. Utilities aren't paying                                                            
                           for employees of other departments.                                                                
2057  Representative Joule  Asked   for   further    discussion   on                                                            
                           sustainable rural utilities.                                                                       
2026 Ms. Thompson          Explained that funding to build rural                                                                
                           utilities is being reviewed.                                                                       
1937 Ms. Thompson          Rural utility subsidies may be needed if                                                             
                           there  is not  enough economy  to support                                                            
                           them.                                                                                              
1844 Ms. Thompson          In    response   to    a    question   by                                                            
                           Representative Joule, Ms. Thompson stated                                                            
                           that the Commission had not been involved                                                            
                           in the selection of the type of operating                                                            
                           systems used by rural communities.                                                                 
1749 Representative        Discussed the Chugiak market.                                                                      
      Stoltze                                                                                                                   
1722 Ms. Thompson          Explained that under the federal act, the                                                            
                           district  is considered rural.  A finding                                                            
                           would have to be made that competition is                                                            
                           needed in the area.                                                                                
      ADJOURNMENT          The meeting was adjourned at 2:59 PM                                                               
                                                                                                                                

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