HOUSE BILL NO. 290 An Act relating to stranded gas pipeline carriers and to the intrastate regulation by the Regulatory Commission of Alaska of pipelines and pipeline facilities of stranded gas pipeline carriers. Co-Chair Therriault spoke to Amendment #1, 1-LS1269\K.1, Chenoweth, 3/23/00. [Copy on File]. He noted that the amendment addressed the rate setting methodology. Previous testimony from Alaska Regulatory Commission (RCA) explained the State user position. Co-Chair Therriault did not believe that establishing a tariff rate would endanger the product. Co-Chair Therriault WITHDREW Amendment #2, 1-LS1269\K.2. Co-Chair Therriault MOVED to adopt Amendment #1. Representative Phillips OBJECTED. She noted that there had been serious discussion regarding the concern in the House Oil and Gas Committee. Representative J. Davies emphasized that the amendment would place the rate making structure under utilities only. JIM EASON, REPRESENTATIVE OF ANS LNG SPONSOR GROUP, ANCHORAGE, stated that there are a number of issues that the Committee should consider. He suggested to amend the bill would be premature and counter productive. The issue of a proposed tariff would be best considered when the facts are available. Under existing law, both the Pipeline Act and the Public Utilities Act give the Regulatory Commission the authority to require what is "reasonable and just". Mr. Eason argued that the State is three to four years away from having enough information to determine what it will cost. That decision is not critical at this time. He pointed out that this would be the first time in the State's history that a pipeline project would be required to file a tariff under the Utility Act even though it would be regulated under the Alaska Pipeline Act. He recommended there be further discussion on the matter. Co-Chair Therriault asked if the language had been included in the Oil and Gas Committee version of the legislation and the House Resources Committee removed if it was then. Mr. Eason acknowledged that was correct. NAN THOMPSON, (TESTIFIED VIA TELECONFERENCE), ALASKA REGULATORY COMMISSION, ANCHORAGE, referenced the memo included in member's packets which outlines the excluded items from the rate: ? Public relations costs; ? Lobbying expenses; ? Charitable contributions; ? Association dues; ? Extraordinary management compensation; ? Research and development costs; ? Acquisition adjustments; and ? Pensions and employee benefits. She understood that the ANG LNG sponsor group would not want to limit their options in reserving space. She suggested that the Committee remember the small percentage of the coal product which will go to the user. The pipeline is being constructed mainly for export. Only a very small percentage of the product will be used in the State. There also exists a timing question. The issue is what potential can predict when they could make the decision. The proposed methodology encourages more in-State use providing a clearer idea of what the costs will be. A roll call vote was taken on the motion to adopt Amendment IN FAVOR: Austerman, J. Davies, Grussendorf, Moses, Therriault OPPOSED: Williams, G. Davis, Foster, Phillips Representative Bunde and Co-Chair Mulder were not present for the vote. The MOTION PASSED (5-4). Representative Foster MOVED to report CS HB 290 (FIN) out of Committee with individual recommendations and with the accompanying fiscal notes. There being NO OBJECTION, it was so ordered. CS HB 290 (FIN) was reported out of Committee with "no recommendation" and with a fiscal note by Department of Community and Regional Affairs and two zero notes by Department of Natural Resources and Department of Revenue dated 2/21/00.