ALASKA STATE LEGISLATURE                                                                                  
               HOUSE SPECIAL COMMITTEE ON ENERGY                                                                              
                         March 31, 2009                                                                                         
                           3:03 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Bryce Edgmon, Co-Chair                                                                                           
Representative Charisse Millett, Co-Chair                                                                                       
Representative Kyle Johansen                                                                                                    
Representative Jay Ramras                                                                                                       
Representative Pete Petersen                                                                                                    
Representative Chris Tuck                                                                                                       
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Nancy Dahlstrom                                                                                                  
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
HOUSE BILL NO. 196                                                                                                              
"An Act relating to the alternative energy revolving loan fund;                                                                 
and providing for an effective date."                                                                                           
                                                                                                                                
     -MOVED CSHB 196(ENE) OUT OF COMMITTEE                                                                                      
                                                                                                                                
HOUSE BILL NO. 166                                                                                                              
"An Act relating to the Southeast energy fund."                                                                                 
                                                                                                                                
     -MOVED OUT OF COMMITTEE                                                                                                    
                                                                                                                                
HOUSE BILL NO. 66                                                                                                               
"An Act relating to net energy metering for retail electricity                                                                  
suppliers and customers."                                                                                                       
                                                                                                                                
     -HEARD & HELD                                                                                                              
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB 196                                                                                                                  
SHORT TITLE: ALTERNATIVE ENERGY REVOLVING LOAN FUND                                                                             
SPONSOR(s): ENERGY                                                                                                              
                                                                                                                                
03/23/09       (H)       READ THE FIRST TIME - REFERRALS                                                                        
03/23/09       (H)       ENE, FIN                                                                                               
03/31/09       (H)       ENE AT 3:00 PM BARNES 124                                                                              
                                                                                                                                
BILL: HB 166                                                                                                                  
SHORT TITLE: SOUTHEAST ENERGY FUND                                                                                              
SPONSOR(s): THOMAS                                                                                                              
                                                                                                                                
03/02/09       (H)       READ THE FIRST TIME - REFERRALS                                                                        
03/02/09       (H)       ENE, FIN                                                                                               
03/31/09       (H)       ENE AT 3:00 PM BARNES 124                                                                              
                                                                                                                                
BILL: HB  66                                                                                                                  
SHORT TITLE: NET ENERGY METERING                                                                                                
SPONSOR(s): SEATON, AUSTERMAN, GATTO, RAMRAS, MUNOZ, WILSON,                                                                    
BUCH                                                                                                                            
                                                                                                                                
01/20/09       (H)       PREFILE RELEASED 1/16/09                                                                               
01/20/09       (H)       READ THE FIRST TIME - REFERRALS                                                                        
01/20/09       (H)       ENE, L&C                                                                                               
03/31/09       (H)       ENE AT 3:00 PM BARNES 124                                                                              
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
ADAM BERG, Staff                                                                                                                
Representative Bryce Edgmon                                                                                                     
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Presented HB 196 on behalf of the House                                                                  
Special Committee on Energy.                                                                                                    
                                                                                                                                
GREG WINEGAR, Director                                                                                                          
Division of Investments                                                                                                         
Department of Commerce, Community, & Economic Development                                                                       
(DCCED)                                                                                                                         
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Answered questions during the hearing on HB                                                              
196.                                                                                                                            
                                                                                                                                
REPRESENTATIVE BILL THOMAS                                                                                                      
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Spoke as the sponsor of HB 166.                                                                          
                                                                                                                                
KACI SCHROEDER-HOTCH, Staff                                                                                                     
Representative Bill Thomas                                                                                                      
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Answered questions during the hearing on HB                                                              
166.                                                                                                                            
                                                                                                                                
ROBERT VENABLES, Energy Coordinator                                                                                             
Southeast Conference                                                                                                            
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Testified in support of HB 166.                                                                          
                                                                                                                                
REPRESENTATIVE PAUL SEATON                                                                                                      
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  As one of the joint prime sponsors,                                                                      
presented HB 66.                                                                                                                
                                                                                                                                
DAVID GARDNER, Vice President                                                                                                   
Marketing & Member Services                                                                                                     
Golden Valley Electric Association (GVEA)                                                                                       
Fairbanks, Alaska                                                                                                               
POSITION STATEMENT:  Testified in opposition to HB 66.                                                                        
                                                                                                                                
MARILYN LELAND, Executive Director                                                                                              
Alaska Power Association (APA)                                                                                                  
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified in opposition to HB 66.                                                                        
                                                                                                                                
PHIL STEYER, Director                                                                                                           
Government & Corporate Communications                                                                                           
Chugach Electric Association, Inc. (CEA)                                                                                        
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified in opposition to HB 66.                                                                        
                                                                                                                                
ROBERT REAGAN, Representative                                                                                                   
Municipal Light & Power (ML&P)                                                                                                  
Municipality of Anchorage                                                                                                       
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified in opposition to HB 66.                                                                        
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
3:03:01 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  BRYCE  EDGMON called  the  House  Special Committee  on                                                             
Energy meeting to  order at 3:03 p.m.   Representatives Johansen,                                                               
Petersen, Tuck,  Ramras, and Edgmon  were present at the  call to                                                               
order.   Representative  Millett arrived  as the  meeting was  in                                                               
progress.                                                                                                                       
                                                                                                                                
HB 196-ALTERNATIVE ENERGY REVOLVING LOAN FUND                                                                                 
                                                                                                                                
CO-CHAIR EDGMON announced that the  first order of business would                                                               
be  HOUSE BILL  NO.  196,  "An Act  relating  to the  alternative                                                               
energy  revolving  loan  fund; and  providing  for  an  effective                                                               
date."                                                                                                                          
                                                                                                                                
3:04:10 PM                                                                                                                    
                                                                                                                                
ADAM  BERG, Staff  to Representative  Bryce Edgmon,  Alaska State                                                               
Legislature,  presented HB  196 on  behalf of  the House  Special                                                               
Committee  on  Energy.    Mr.   Berg  stated  HB  196  takes  the                                                               
Alternative Energy Revolving Loan  Fund, established in 1978, and                                                               
makes changes to the existing  statute by eliminating the "sweep"                                                               
provision; changing  the loan rates;  and repealing  the transfer                                                               
or sale of mortgages and notes.   Further, the bill adds language                                                               
to take  advantage of capitalization opportunities  and adds high                                                               
efficiency wood  pellet stoves to  the definition  of alternative                                                               
energy systems.   Mr. Berg noted that the fund  has been inactive                                                               
since the 1990s  when the balance of the fund  was transferred to                                                               
the general fund (GF).                                                                                                          
                                                                                                                                
3:05:36 PM                                                                                                                    
                                                                                                                                
CO-CHAIR EDGMON added  that HB 196 is House  Special Committee on                                                               
Energy  proposed  legislation.     The  bill  was  crafted  after                                                               
hearings in  rural communities where  the committee  discovered a                                                               
need for low interest rate  loans to individuals for improvements                                                               
to energy [efficiency] infrastructure.                                                                                          
                                                                                                                                
3:06:08 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  PETERSEN asked  for the  existing balance  in the                                                               
fund.                                                                                                                           
                                                                                                                                
MR.  BERG  said there  is  a  zero balance  in  the  fund as  any                                                               
payments due the  fund are swept into  the GF at the  end of each                                                               
fiscal year.                                                                                                                    
                                                                                                                                
REPRESENTATIVE PETERSEN surmised then that  the plan is to create                                                               
a revolving fund.                                                                                                               
                                                                                                                                
MR. BERG replied yes.                                                                                                           
                                                                                                                                
3:07:20 PM                                                                                                                    
                                                                                                                                
GREG WINEGAR,  Director, Division  of Investments,  Department of                                                               
Commerce,  Community, &  Economic  Development (DCCED),  informed                                                               
the committee his  agency administered the program  from the late                                                               
1970s until 1987.  During that  time, 2,900 loans were made until                                                               
the  changes by  the legislature  in 1990;  in fact,  there is  a                                                               
small balance  in the  account now,  but no  new loans  have been                                                               
made  since 1987.   Mr.  Winegar opined  HB 196  would allow  the                                                               
program to  operate again  with the  aforementioned changes.   In                                                               
response  to  Co-Chair  Edgmon, Mr.  Winegar  said  the  proposed                                                               
interest  rate would  be prime  plus 1  percent, with  a floor  5                                                               
percent and  a ceiling of 8  percent.  As the  prime rate changes                                                               
the fixed rate  would change between the cap and  the floor.  The                                                               
requirements  for collateral  are  a deed  of  trust against  the                                                               
residence receiving the  improvements.  He explained  that one of                                                               
the amendments  proposes the  deletion of  the requirement  for a                                                               
first deed  of trust;  he suggested  the program  should continue                                                               
with a  lien against  the property, but  not necessarily  a first                                                               
lien.                                                                                                                           
                                                                                                                                
3:10:43 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  EDGMON  identified  Mr. Winegar's  description  of  the                                                               
amendment as  conceptual Amendment  1, that deletes  "first" from                                                               
page 1, line 12, of the bill.   He then offered the amendment for                                                               
the purpose of discussion.                                                                                                      
                                                                                                                                
3:11:35 PM                                                                                                                    
                                                                                                                                
MR.  WINEGAR  stated  conceptual   Amendment  2  would  amend  AS                                                               
45.88.020(a) such that the energy  systems must be located in the                                                               
state.                                                                                                                          
                                                                                                                                
3:12:19 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOHANSEN  called attention to  page 2, line  4, of                                                               
the  bill and  asked whether  it was  appropriate to  specify the                                                               
Wall Street Journal in the statute.                                                                                           
                                                                                                                                
MR.  WINEGAR  said  the  language  is  patterned  after  existing                                                               
statutory  language;  however,   he  agreed  with  Representative                                                               
Johansen's point.                                                                                                               
                                                                                                                                
3:13:07 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JOHANSEN then  asked about  the addition  of high                                                               
efficiency  wood   pellet  stoves  and  for   the  definition  of                                                               
"unprocessed wood."                                                                                                             
                                                                                                                                
MR.  BERG explained  that the  addition of  high efficiency  wood                                                               
pellet stoves denotes  that a normal wood stove  does not qualify                                                               
for the  program.   He was  unsure of the  reason for  the change                                                               
from "wood" to "unprocessed wood".                                                                                              
                                                                                                                                
REPRESENTATIVE  JOHANSEN  asked  Mr.  Berg  to  investigate  this                                                               
change  because  his  constituents are  providing  firewood  from                                                               
timber sales; in fact, he  will require more specific definitions                                                               
at later hearings.                                                                                                              
                                                                                                                                
CO-CHAIR EDGMON offered to have his staff investigate.                                                                          
                                                                                                                                
3:15:45 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE TUCK recalled demonstrations  of a soapstone stove                                                               
and a  wood-fired furnace  in Dillingham.   He asked  whether the                                                               
proposed provision would exclude these projects.                                                                                
                                                                                                                                
CO-CHAIR  EDGMON  opined the  Dillingham  projects  would not  be                                                               
excluded.                                                                                                                       
                                                                                                                                
MR. BERG said he was unsure.                                                                                                    
                                                                                                                                
CO-CHAIR EDGMON expressed  the intent of the sponsors  to use the                                                               
term wood; however, the drafter used the term unprocessed wood.                                                                 
                                                                                                                                
3:17:13 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOHANSEN called attention  to page 2, lines 19-22,                                                               
of  the  bill  and  noted  the  reference  to  wood  stoves  with                                                               
catalytic converters,  and steam,  hot water,  or ducted  hot air                                                               
central  heating system  that uses  wood or  coal for  fuel.   He                                                               
opined these were the devices  viewed in Dillingham, and restated                                                               
his  interest in  the legal  definition of  the term  unprocessed                                                               
wood.                                                                                                                           
                                                                                                                                
3:17:52 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  TUCK  stressed  the inclusion  of  the  soapstone                                                               
stove.                                                                                                                          
                                                                                                                                
3:18:18 PM                                                                                                                    
                                                                                                                                
CO-CHAIR MILLETT opined the soapstone  stove is covered under the                                                               
language referring to a ducted hot air central heating system.                                                                  
                                                                                                                                
REPRESENTATIVE  TUCK  confirmed  the intention  of  the  proposed                                                               
legislation   to  exclude   "just  any   old  wood   stove"  from                                                               
qualifying.                                                                                                                     
                                                                                                                                
MR. BERG agreed.                                                                                                                
                                                                                                                                
3:19:17 PM                                                                                                                    
                                                                                                                                
CO-CHAIR MILLETT moved Amendment 1, labeled 26-LS0754\R.1, Kane,                                                                
3/31/09, which read:                                                                                                            
                                                                                                                                
     Page 1, line 12:                                                                                                           
          Delete "first"                                                                                                        
                                                                                                                                
REPRESENTATIVE PETERSEN objected for discussion purposes, and                                                                   
related his understanding of Amendment 1.                                                                                       
                                                                                                                                
MR. WINEGAR restated Amendment 1 allows for a second deed of                                                                    
trust.                                                                                                                          
                                                                                                                                
3:20:34 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE PETERSEN withdrew his objection.  There being no                                                                 
further objection, Amendment 1 was adopted.                                                                                     
                                                                                                                                
3:20:40 PM                                                                                                                    
                                                                                                                                
CO-CHAIR MILLETT moved Amendment 2, labeled 26-LS0754\R.2, Kane,                                                                
3/31/09, which read:                                                                                                            
                                                                                                                                
     Page 1, following line 9:                                                                                                  
          Insert a new bill section to read:                                                                                    
       "*Sec. 2. AS 45.88.020(a) is amended to read:                                                                          
                      (a) The department may                                                                                    
                                 (1)  make loans for the                                                                        
          purchase, construction, and installation of                                                                           
          alternative energy  systems that are located in                                                                   
          the state;                                                                                                        
                                 (2)  adopt regulations                                                                         
          necessary to carry out the provisions of AS                                                                           
          45.88.010 - 45.88.090, including regulations to                                                                       
          establish reasonable fees for services provided                                                                       
          and charges for collecting the fees;                                                                                  
                              (3)    collect  the  fees  and                                                                    
          collection   charges    established   under   this                                                                    
          subsection."                                                                                                          
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
CO-CHAIR EDGMON objected.                                                                                                       
                                                                                                                                
MR.  WINEGAR  restated  that  Amendment   2  clarifies  that  the                                                               
projects are located in Alaska.                                                                                                 
                                                                                                                                
CO-CHAIR EDGMON withdrew  his objection.  There  being no further                                                               
objection, Amendment 2 was adopted.                                                                                             
                                                                                                                                
3:21:36 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  MILLETT  moved  to  report   HB  196,  26-LS0754\R,  as                                                               
amended,  out of  committee with  individual recommendations  and                                                               
the accompanying  zero fiscal notes.   There being  no objection,                                                               
CSHB 196(ENE)  was reported from  the House Special  Committee on                                                               
Energy.                                                                                                                         
                                                                                                                                
3:22:17 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 3:23 p.m. to 3:25 p.m.                                                                       
                                                                                                                                
3:25:38 PM                                                                                                                    
                                                                                                                                
HB 166-SOUTHEAST ENERGY FUND                                                                                                  
                                                                                                                                
CO-CHAIR EDGMON announced  that the next order  of business would                                                               
be HOUSE BILL  NO. 166, "An Act relating to  the Southeast energy                                                               
fund."                                                                                                                          
                                                                                                                                
3:26:34 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  BILL THOMAS,  Alaska State  Legislature, speaking                                                               
as the sponsor of HB  166, paraphrased from the following written                                                               
sponsor statement:                                                                                                              
                                                                                                                                
     In 1993  the Alaska  State Legislature  established the                                                                    
     Southeast Energy Fund as a  holding tank for money that                                                                    
     could then later  be used and appropriated  to the Swan                                                                    
     Lake-Tyee Hydroelectric Project.   Since then, the need                                                                    
     and fervor for hydroelectric  power in Southeast Alaska                                                                    
     has  grown.   Hydroelectric power  is the  most readily                                                                    
     available  source  of  renewable energy  in  Southeast.                                                                    
     Some people refer  to Southeast as the  Saudi Arabia of                                                                    
     renewable.   However, despite this source  of renewable                                                                    
     energy,  most communities  in  Southeast Alaska  remain                                                                    
     heavily dependent upon diesel generated electricity.                                                                       
                                                                                                                                
REPRESENTATIVE THOMAS  related the  highest rate  for electricity                                                               
is $.83 per kilowatt, before  Power Cost Equalization (PCE), with                                                               
an average  of $.58 per  kilowatt.   He  opined the high  cost of                                                               
electricity has  crippled communities.   House Bill  166 broadens                                                               
the authority of  the Southeast Energy Fund to  include all power                                                               
projects  within Southeast  Alaska.   In  fact; it  allows for  a                                                               
funding  mechanism  for  the  construction  of  power  generation                                                               
projects  in Southeast  and for  the completion  of the  regional                                                               
electrical intertie.   Representative  Thomas pointed  out Haines                                                               
has an  intertie with  Skagway; however, there  is a  3-5 percent                                                               
growth in the demand for  electricity each year.  He acknowledged                                                               
that regions  of the  state compete for  funds and  stressed that                                                               
regional pools of funds are best.                                                                                               
                                                                                                                                
3:31:18 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE TUCK called  attention to page 1, line  12, of the                                                               
bill  and asked  for  an  explanation of  the  reference to  "the                                                               
authority."                                                                                                                     
                                                                                                                                
3:31:44 PM                                                                                                                    
                                                                                                                                
KACI  SCHROEDER-HOTCH,  Staff   to  Representative  Bill  Thomas,                                                               
Alaska State  Legislature, informed  the committee  the authority                                                               
referred to is the Alaska Energy Authority (AEA).                                                                               
                                                                                                                                
3:32:20 PM                                                                                                                    
                                                                                                                                
ROBERT  VENABLES,   Energy  Coordinator,   Southeast  Conference,                                                               
related his organization's support for HB  166, as it is a timely                                                               
bill  that  will continue  the  progress  in the  development  of                                                               
natural  resources in  Southeast Alaska.   He  compared the  bill                                                               
with  the Railbelt  Energy Fund  and  said the  bill would  catch                                                               
Southeast Alaska up  with the Railbelt.  Mr.  Venables noted that                                                               
the  projects in  the region  will be  costly, regardless  of the                                                               
investments that  have been made  in renewable energy.   With the                                                               
Congressional authorization  of $384 million, there  are vehicles                                                               
that may bring funding into Southeast  Alaska thus the need for a                                                               
funding mechanism.   He opined  the needs  of the system  are for                                                               
transmission  lines  for the  intertie,  and  the development  of                                                               
capacity  of other  facilities along  the intertie  system.   The                                                               
total estimated  cost for the  planned projects in the  region is                                                               
in excess of $1 billion.   He concluded the funding mechanism for                                                               
these projects  has always eluded  his organization, and  that is                                                               
one  reason  Southeast  Alaska  is   not  ready  when  funds  are                                                               
available.   Mr.  Venables continued  to  explain that  Southeast                                                               
communities have  worked together  to forge  a vision  to develop                                                               
their renewable resources into a  regional electrical system, and                                                               
HB  166  could  be  the  mechanism  that  could  facilitate  this                                                               
mission.                                                                                                                        
                                                                                                                                
3:36:29 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   JOHANSEN   asked   whether  the   reference   to                                                               
hydroelectric  projects on  page 1,  line  14, of  the bill  also                                                               
includes interties.                                                                                                             
                                                                                                                                
MS. SCHROEDER-HOTCH  understood interties are  included; however,                                                               
if not, interties would be included in paragraph (2).                                                                           
                                                                                                                                
3:37:39 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE TUCK  confirmed that  the bill allows  options for                                                               
other funds  to enter the fund,  and that the [AEA]  will be able                                                               
to administer  the funds as  needed.  Furthermore, the  funds can                                                               
be invested in other projects in the region.                                                                                    
                                                                                                                                
MS. SCHROEDER-HOTCH concurred.                                                                                                  
                                                                                                                                
3:38:28 PM                                                                                                                    
                                                                                                                                
CO-CHAIR EDGMON, upon determining no  one else wished to testify,                                                               
closed public testimony.                                                                                                        
                                                                                                                                
3:38:54 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOHANSEN moved to  report HB 166, 26-LS0689\R, out                                                               
of   committee   with    individual   recommendations   and   the                                                               
accompanying zero  fiscal notes.   There  being no  objection, HB                                                               
166 was reported from the House Special Committee on Energy.                                                                    
                                                                                                                                
3:39:20 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 3:39 p.m. to 3:40 p.m.                                                                       
                                                                                                                                
3:40:58 PM                                                                                                                    
                                                                                                                                
HB  66-NET ENERGY METERING                                                                                                    
                                                                                                                                
CO-CHAIR EDGMON announced that the  final order of business would                                                               
be HOUSE  BILL NO. 66,  "An Act  relating to net  energy metering                                                               
for retail electricity suppliers and customers."                                                                                
                                                                                                                                
3:41:06 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  PAUL SEATON,  Alaska State  Legislature, speaking                                                               
as  one of  the  joint  prime sponsors  of  HB  66, informed  the                                                               
committee  the  bill  will  promote  alternative  energy  use  by                                                               
establishing a  net metering  policy for  Alaskan utilities.   He                                                               
explained that  net metering is  a measurement of  the difference                                                               
between  electricity purchased  from a  utility, and  electricity                                                               
produced from  a customer's private  generating equipment.   Home                                                               
and business owners who install  renewable energy equipment, such                                                               
as solar  panels or windmills,  get to use their  own electricity                                                               
and will  receive a  credit for  their excess  energy generation.                                                               
The  credit  is in  kilowatt  hours  and reduces  the  customers'                                                               
electrical billing  the following  months.  This  "carry forward"                                                               
of credits  from renewable energy generation  allows the customer                                                               
to harvest excess energy during  peak renewable production times,                                                               
such as  the summer  for solar,  or wind  in winter,  and benefit                                                               
from  this  production  during  the  following  months.    A  net                                                               
metering  policy  encourages  private investment  by  allowing  a                                                               
customer/generator to  calculate the pay-down of  their equipment                                                               
cost  through  the calculation  of  the  potential annual  solar,                                                               
wind,  or hydro  production. Representative  Seaton stressed  the                                                               
importance of  this concept in encouraging  individuals to invest                                                               
in  capital projects,  as they  can  estimate their  costs on  an                                                               
annual basis.   He then explained how the  utilities will benefit                                                               
under this legislation:   Utilities can gain about  10 percent in                                                               
sales from  distributed generation as  there is little  line loss                                                               
to  the  point of  sale,  although  the  utility charges  for  an                                                               
anticipated line loss of 7 percent.                                                                                             
                                                                                                                                
REPRESENTATIVE SEATON then reviewed  the document entitled "HB 66                                                               
provisions   and    rationale."          The   bill    allows   a                                                               
customer/generator to  have a  renewable energy  system producing                                                               
up to 25  kilowatts.  Participation in net metering  can reach up                                                               
to  1 percent  of the  retail system  peak demand.   Moreover,  a                                                               
utility  may  limit net  metering  installations  due to  special                                                               
circumstances such as long transmission lines.                                                                                  
                                                                                                                                
3:48:33 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON  continued to explain that  the bill allows                                                               
a customer/generator  to receive  a credit  of kilowatt  hours if                                                               
they generate more  electricity than they consume.   He clarified                                                               
that the  receipt of a kilowatt  hour credit is not  considered a                                                               
business transaction  by the Internal Revenue  Service (IRS) thus                                                               
potential problems  are avoided.   Customers of a  small utility,                                                               
that generates  fewer than  one million  kilowatts per  year, may                                                               
vote to  exempt the utility from  the provisions of the  bill.  A                                                               
default  uniform statewide  utility  interconnection standard  is                                                               
established  by   the  bill.     Furthermore,  HB   66  prohibits                                                               
additional fees for  net metering.  The bill does  not prohibit a                                                               
utility   from  concurrently   offering  a   Sustainable  Natural                                                               
Alternative Program (SNAP)  to its customers nor  does it prevent                                                               
negotiations between  a utility  and a customer/generator  for an                                                               
individual  power purchase  agreement for  excess customer  power                                                               
generation.                                                                                                                     
                                                                                                                                
3:54:46 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON  opined the legislature has  been proactive                                                               
in  exploring alternative  energy and  renewable energy,  but has                                                               
focused on the scale of  programs for utilities; this legislation                                                               
is  for  individuals who  wish  to  support renewable  energy  by                                                               
investing  in   their  own  systems   and  contributing   to  the                                                               
generation  of electricity.   He  then  described three  proposed                                                               
amendments.                                                                                                                     
                                                                                                                                
3:56:05 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON  offered an amendment  to page 2,  line 21,                                                               
that inserts a new (d) which read:                                                                                              
                                                                                                                                
         (d) A customer-generator owns the tax credits                                                                          
       associated with the equipment and renewable energy                                                                       
     credits associated with the electricity it generates.                                                                      
                                                                                                                                
     "Renewable  energy  credit"  is a  tradable  instrument                                                                    
     that   includes   all   renewable   and   environmental                                                                    
     attributes   associated   with    the   production   of                                                                    
     electricity from a renewable energy generation system.                                                                     
                                                                                                                                
REPRESENTATIVE SEATON  called attention  to page  24 of  the book                                                               
included in the  committee packet titled Freeing the  Grid, for a                                                             
discussion  of  renewable energy  credits.    He noted  that  the                                                               
federal program  would have to be  adopted by the state  in order                                                               
to credit those  who install renewable energy  systems.  Proposed                                                               
Amendment 2 addresses page 2,  line 25, and replaces "annual peak                                                               
energy  usage"   with  "peak  demand".     Proposed  Amendment  3                                                               
addresses page 3,  lines 23 and 24, and  replaces "an alternative                                                               
energy  system, as  the term  is  defined in  AS 46.11.900"  with                                                               
"alternative energy as identified in section 1 of this act".                                                                    
                                                                                                                                
4:00:27 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  PETERSEN recalled  a resident  in Dillingham  who                                                               
had  two wind  generators with  two meters.   One  meter measured                                                               
what he took off the grid and  one measured what he put back onto                                                               
the grid.  He asked whether this was a typical installation.                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON described  the  meters in  Alaska, all  of                                                               
which are capable of running  backwards and registering a credit.                                                               
The  meter goes  forward for  usage, slows  when the  consumer is                                                               
generating electricity, and turns  backwards when the consumer is                                                               
generating  excess electricity;  this is  the net  meter fashion.                                                               
There is  another type  of meter that  meters electricity  in and                                                               
out at a  certain price under a power sale  agreement.  This type                                                               
of meter is  used for participants in the  SNAP program available                                                               
in Fairbanks and  Homer.  Representative Seaton  pointed out that                                                               
although  there are  alternatives such  as the  SNAP program,  42                                                               
states have adopted  net metering as the best way  to promote the                                                               
use  of  renewable resources.  In  fact,  the federal  government                                                               
mandated  that all  public utility  commissions had  to review  a                                                               
national  metering   program  and   adopt,  or  not   adopt,  the                                                               
recommended  standards.    The Regulatory  Commission  of  Alaska                                                               
(RCA) chose  not to adopt the  national standards, but is  in the                                                               
process of developing  state standards for Alaska.   He explained                                                               
that  the  worst case  scenario  for  a  utility  would be  if  a                                                               
customer generated  exactly the  amount of electricity  that they                                                               
used  in   a  year;  however,   if  a  customer   generates  more                                                               
electricity  than  they  use,  that  excess  is  donated  to  the                                                               
utility.    Representative  Seaton  compared the  impact  to  the                                                               
utility  with  conservation    and  said,  "It's  just  like  the                                                               
customer had  insulated his  house, or  put in  new windows.   He                                                               
reduced his apparent  usage...."  He concluded that  most of time                                                               
net  metering  will  only  offset   a  portion  of  a  customer's                                                               
electrical usage;  in fact, often  electrical usage  increases as                                                               
customers choose  to use electricity  instead of diesel  fuel for                                                               
home heating.                                                                                                                   
                                                                                                                                
4:05:37 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   PETERSEN   recalled  that   the   aforementioned                                                               
resident in Dillingham was paying  $.42 per kilowatt hour and was                                                               
receiving $.28  per kilowatt  hour; this rate  would pay  off the                                                               
expense of  the installation  of the wind  generators in  four to                                                               
five years.                                                                                                                     
                                                                                                                                
4:06:28 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOHANSEN  referred to page  3, lines 25-31  of the                                                               
bill.  He  noted that an exemption is created  for utilities that                                                               
sell smaller  amounts of  electricity; however,  there is  not an                                                               
exemption  for municipal-owned  utilities such  as in  Ketchikan.                                                               
He  asked whether  the municipal  utility in  Ketchikan would  be                                                               
forced to accept windmills, for example.                                                                                        
                                                                                                                                
REPRESENTATIVE  SEATON  advised  a community  could  have  height                                                               
limits  or  prohibit  the  installation of  windmills  if  it  so                                                               
desired;  the proposed  legislation addresses  net metering,  but                                                               
does  not include  requirements for  all municipalities  to waive                                                               
their planning  and zoning rights.   Regarding the  exemption, he                                                               
pointed  out  this  is  a  benefit to  the  utility  as  a  small                                                               
consumer/generator  of power  does not  receive payment  from the                                                               
utility,  but  only  receives  credits  against  the  amount  the                                                               
consumer/generator used during the year.                                                                                        
                                                                                                                                
4:09:00 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JOHANSEN surmised  the  community would  "locally                                                               
legislate their way around this mandate from the state statute."                                                                
                                                                                                                                
REPRESENTATIVE SEATON said,                                                                                                     
                                                                                                                                
     That's correct  if ... they  didn't want  windmills. If                                                                    
     you're talking  about that  they didn't  want renewable                                                                    
     energy ... [or] net metering,  then they ... would have                                                                    
     to exercise some  kind of other option  because if they                                                                    
     wanted to also prevent micro  hydro, and they wanted to                                                                    
     also  prevent   solar,  that  would  be   real  tricky.                                                                    
     Because under  this bill  it's just  like most  of our,                                                                    
     RCA  or  most of  our  ...  interconnect standards  for                                                                    
     Alaska....                                                                                                                 
                                                                                                                                
4:10:15 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE TUCK  asked for confirmation  that only  one meter                                                               
is  necessary because  when a  resident is  supplying power,  the                                                               
resident is receiving credit as the  meter slows down or comes to                                                               
a stop.   When the  meter runs backward,  the credit goes  to the                                                               
utility because  the utility provides the  transmission lines and                                                               
infrastructure.                                                                                                                 
                                                                                                                                
REPRESENTATIVE SEATON  agreed.   He restated  that all  meters in                                                               
Alaska can be  used in conjunction with net  metering; however, a                                                               
utility could  require a second meter  in order to know  how much                                                               
electricity is being produced by the consumer/generator.                                                                        
                                                                                                                                
4:11:49 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOHANSEN asked for  the fiscal implications of net                                                               
metering.  For  example, a bond may be floated  based on how much                                                               
money flows in and out of a utility.   He asked for an example of                                                               
how net metering affects a utility's cash flow.                                                                                 
                                                                                                                                
REPRESENTATIVE   SEATON  related   a  discussion   with  Flathead                                                               
Electric  Cooperative  in Montana.    It  is a  rural  electrical                                                               
cooperative with  a somewhat similar  system to that  proposed by                                                               
HB 66.  According the  Representative Seaton, the cooperative did                                                               
not  see  any [negative]  impact;  in  fact, it  reported  better                                                               
customer relations and satisfaction.   He added that if a utility                                                               
uses renewable energy,  such as hydro, for its  main power source                                                               
and uses carbon-based  fuel only as a  supplemental power source,                                                               
the proposed legislation  would not apply.  The goal  of HB 66 is                                                               
not to displace  a municipality's renewable energy  source, or to                                                               
make it  less cost-effective, but  to replace  carbon-based high-                                                               
cost fuels. As a matter  of fact, Cordova is slightly problematic                                                               
because 100 percent  of its summer demand is  satisfied by hydro,                                                               
but hydro provides only a portion of its winter demand.                                                                         
                                                                                                                                
4:15:08 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  PETERSEN   asked  whether  a   local  electricity                                                               
company  would  have  the  independent  option  to  require  that                                                               
consumer/generators  install two  meters, pay  a negotiated  rate                                                               
for what the consumer/generator  produces, and charge a different                                                               
rate for the power the utility sells.                                                                                           
                                                                                                                                
REPRESENTATIVE SEATON explained that HB  66 applies to all of the                                                               
areas  [with  utilities] that  do  not  exempt themselves.    The                                                               
utility  can  put  in  two   meters  and  have  a  purchase  sale                                                               
agreement;  furthermore,  the  SNAP program  would  allow  higher                                                               
power generation.   However, a  big utility would not  be allowed                                                               
to  restrict  the development  of  renewable  fuels by  paying  a                                                               
consumer/generator  the avoided  cost  of $.02  per kilowatt  and                                                               
charging $.14  per kilowatt. A  consumer/generator is  allowed to                                                               
produce  power and  offset their  usage.   He concluded  that net                                                               
metering is a valuable means  to stimulate renewable energy usage                                                               
because  a consumer/generator  who is  paying avoided  cost, will                                                               
never reach a pay-back on their system.                                                                                         
                                                                                                                                
4:17:55 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  PETERSEN asked  for  the  difference between  net                                                               
metering  and  net billing  that  is  proposed by  other  pending                                                               
legislation.                                                                                                                    
                                                                                                                                
REPRESENTATIVE   SEATON  explained   that   the  other   proposed                                                               
legislation will take  away the authority of  the cooperatives in                                                               
the  state to  offer  net metering  without a  vote  of the  full                                                               
membership.   In addition, the power  from the consumer/generator                                                               
is computed on a monthly  billing cycle;  therefore, excess power                                                               
in any given  month will be paid by the  utility at the wholesale                                                               
cost, which constitutes a business  transaction complete with IRS                                                               
involvement.                                                                                                                    
                                                                                                                                
4:20:51 PM                                                                                                                    
                                                                                                                                
DAVID  GARDNER,  Vice  President, Marketing  &  Member  Services,                                                               
Golden   Valley  Electric   Association   (GVEA),  informed   the                                                               
committee GVEA  has successfully promoted  consumer participation                                                               
in its SNAP  program;  in fact, the SNAP  program meets the needs                                                               
of GVEA  members and  the cooperative  better than  net metering.                                                               
The SNAP program is voluntary  and self-supporting, therefore, it                                                               
does not  cross-subsidize costs for [consumer/generators]  by the                                                               
members  who  choose  not  to  participate.    Furthermore,  SNAP                                                               
producers  share  the  funds   collected,  and  GVEA  compensates                                                               
[consumer/generators] at  a higher rate  than they  would receive                                                               
through  a  net  metering  program.   Nevertheless,  Mr.  Gardner                                                               
assured  the committee  GVEA is  participating in  the RCA's  net                                                               
metering  and interconnection  standards  workshops and  believes                                                               
that  the   RCA  should   be  tasked   with  the   oversight  and                                                               
administration  of  the  program   should  the  state  adopt  net                                                               
metering and  interconnection standards  legislation.   On behalf                                                               
of GVEA, he  encouraged the committee to  delay the consideration                                                               
of net metering  legislation while the RCA  is investigating this                                                               
issue.                                                                                                                          
                                                                                                                                
4:22:28 PM                                                                                                                    
                                                                                                                                
MARILYN  LELAND,  Executive  Director, Alaska  Power  Association                                                               
(APA),  stated that  the Alaska  Power Association  (APA) is  the                                                               
statewide  trade  organization  representing  electric  utilities                                                               
that supply  power to  500,000 Alaskans  from Barrow  to Unalaska                                                               
and the  Inside Passage.  She   recalled that the  RCA considered                                                               
net  metering in  its docket  on the  adoption of  regulations to                                                               
amend  the Public  Utilities Regulatory  Policies Act  (PURPA) of                                                               
1978.   The RCA did not  adopt federal standards for  Alaska, but                                                               
opened  a docket  to consider  Alaska-specific  standards on  net                                                               
metering.   Ms. Leland opined  there has been  good participation                                                               
from the  interested parties and the  RCA on this subject  and an                                                               
agreement on  a regulation is  promised.   On behalf of  APA, she                                                               
recommended  that the  legislature  not take  action  on any  net                                                               
metering legislation  this year.   The utilities are  not opposed                                                               
to    renewable   generation,    to    purchasing   power    from                                                               
[consumer/generators],  or  to  consumers  generating  their  own                                                               
power;   however, the issue is  agreeing on a fair  and equitable                                                               
rate to all rate-payers.                                                                                                        
                                                                                                                                
4:24:33 PM                                                                                                                    
                                                                                                                                
PHIL  STEYER, Director,  Government  & Corporate  Communications,                                                               
Chugach Electric Association, Inc.,  (CEA), said the CEA believes                                                               
the RCA  is the proper  venue for a  discussion of the  issues of                                                               
net metering.   The RCA has  begun the process that  will lead to                                                               
an appropriate decision  on net metering.  On behalf  of the CEA,                                                               
he  suggested  that rather  than  advancing  legislation at  this                                                               
time, the committee  should allow the RCA to  complete its docket                                                               
on net metering.                                                                                                                
                                                                                                                                
4:25:25 PM                                                                                                                    
                                                                                                                                
ROBERT REAGAN,  Representative, Municipal  Light &  Power (ML&P),                                                               
Municipality  of  Anchorage,  on  behalf of  ML&P,  informed  the                                                               
committee that  net metering would  be a massive subsidy  paid by                                                               
rate-payers  of  utilities  to  a  few customers  who  are  in  a                                                               
position to own  and operate net meter generation.   He urged the                                                               
committee not to  take action on net metering prior  to the RCA's                                                               
completion of  its work on  the subject.   Mr. Reagan  opined net                                                               
metering  is  not  a  simple  beneficial  idea,  but  requires  a                                                               
commercial  relationship between  utilities  and their  customers                                                               
that is  generally considered  unsustainable in  other industries                                                               
and that  may cause  catastrophic harm  in the  utility industry.                                                               
He  assured   the  committee   that  the   depth  of   the  RCA's                                                               
investigation  has   a  better  chance  of   avoiding  unintended                                                               
consequences than action by the legislature.                                                                                    
                                                                                                                                
4:27:18 PM                                                                                                                    
                                                                                                                                
CO-CHAIR EDGMON, upon determining no  one else wished to testify,                                                               
announced that  HB 66  would be held  over with  public testimony                                                               
open.                                                                                                                           
                                                                                                                                
4:27:51 PM                                                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no  further business before the  committee, the House                                                               
Special Committee on Energy meeting was adjourned at [4:27] p.m.