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HomeMy WebLinkAboutMahoney Lake Hydro Correspondance 20002 ALASKA INDUSTRIAL DEVELOPMENT AND EXPORT AUTHORITY / = ALASKA iE =SENERGY AUTHORITY 480 WEST TUDOR ANCHORAGE, ALASKA 99503 907 / 269-3000 FAX 907 / 269-3044 August 22, 2000 Mr. John Dunker Water Resource Officer Department of Natural Resources 400 Willoughby Avenue, 4" Floor Juneau, Alaska 99801-1796 Subject: Mahoney Lake Hydro Economic Information Dear Mr. Dunker: In response to your request, | am enclosing copies of the Southeast Intertie Review, dated April 12, 1999, and the Indemnification Agreement between Ketchikan Electric Company and the Alaska Energy Authority, dated June 22, 1998. If | can be of further assistance or provide additional information, please do not hesitate to contact me. Sincerely, Acting Executive Director SENT BY: WOHLFORIH 7- 1-97 > 7:35AM ; WOHL TH? : # 2/3 WOHLFORTH, ARGETSINGER, JOHNSON & BRECHT: suena. eREGHT A PROPESSPOWAL CORPORATION Q TELEPHONE CHERYL RAWLS BROOKING - CYNTHIA L. CARTLEDOE (90T) 278-409 BeGuana 4. Sueree ATTORNEYS ATLAW RADLEY E. seven” 900 WEST 6TH AVENUE, SUITE 400 ERI¢ £. WOKLFORTH ANCHORAGE, ALASKA 09501-2048 ccineaieeEaveas PETER AROETUINGER July 1, 1997 Jim McMillan Deputy Director-Credit Alaska Industrial Development and Export Authority 480 West Tudor Road Anchorage, Alaska 99503 RE: Preliminary Eligibility Application of Cape Fox Corporation for Tax Exempt Financing of Electrical Energy Our File No. 3730.0006 Dear Jim: We have reviewed the preliminary eligibility application of Cape Fox Corporation (the "Corporation") for purposes of determining preliminarily whether financing of a hydroelectric facility (the "Project”) may be accomplished with the issuance of tax exempt bonds. The Corporation represents that the proposed Project consists of a lake tap of upper Mahoney Lake, a powerhouse and hydroturbine generator and functionally related and subordinate property. The Project will be operated by the Corporation and the City of Saxman with all power to be sold to Ketchikan Public Utilities ("KPU"). The proposed Project will intertie with KPU through the existing Swan Lake transmission line. Our preliminary opinion is that the Project will not qualify for tax exempt financing. The Internal Revenue Code of 1986, as amended (the “Code") permits tax exempt financing for the local furnishing of electrical energy, subject to certain conditions found therein. Section 142(f) of the Code. In order that the Project qualify as a facility for the local furnishing of electric power, the following five preliminary requirements must be satisfied: 1; The property must be either depreciable property or land; 25 The property must be used to produce, collect, generate, transmit, store, distribute or convey electricity; 3. The property must be used in the trade or business of furnishing electricity; SENT BY :WOHLFORTH 7- 1-97 + 7:36AM 3 WOH! ‘The IS Jim McMillan July 1, 1997 Page 2 4. The property must be part of a system which provides service to the general populace of no more than two contiguous counties or their political equivalent, regardless of whether the facility itself is in the service area; and 5. The facility for the local furnishing of electric power must (a) be used by a person who is engaged in the local furnishing of that energy source on January 1, 1997, and be used to provide service within the area served by such person on January 1, 1997 (or within a county or city any portion of which is within such area), or (b) the facility will be used by a successor in interest to such person for the same use and within the same service area as described in (a) above. Treas. Regs., Section 1.103-8(f}(2)(iii), and; Section 147(f)(3) of the Code. Based on the information provided by the Corporation, it appears that only three, possibly four, of the five preliminary requirements will be satisfied. The fourth requirement relating to the two-county rule, is satisfied only if the electrical energy provided by the Project, and sold by KPU, is confined to the Ketchikan Gateway Borough. If the service area exceeds the Ketchikan Gateway Borough and extends into an “unorganized borough" this requirement will not be satisfied. In any event, the fifth requirement is not satisfied under the terms of the proposed financing. Section 147(f)(3) requires that proceeds be used by an entity that is engaged in the local furnishing of power on January 1, 1997 and be used to provide service within the service area on January 1, 1997. The Corporation is a start-up corporation and has not been in operation since January 1, 1997 and thus this requirement is not satisfied. Further, the Corporation is not a successor in interest to KPU (an alternative which would have permitted the Corporation to bypass the January 1, 1997 deadline). Based on the foregoing, we are of the opinion that the Project does not qualify for tax exempt financing. Sincerely, WOHLFORTH, ARGETSINGER, JOHNSON OL Cynthia L. Cartledge co F, James McConnell F. James McConnell & Associates AFFO5S21/3730,0008 SENT BY : WOHLFORTH 7- 1-97 3 7:35AM 5 WOH = TH i# 173 WOHLFORTH, ARGETSINGER, JOHNSON & BRECHT A Professional Corporation Attorneys at Law 900 West 5th Avenue, Suite 600 Anchorage, Alaska 99501 FACSIMILE COVER PAGE FILE NO.: 3730.0006 DATE: July 1, 1997 PLEASE DELIVER THE FOLLOWING PAGES TO: NAME: SUE M. WEIMER / Loan Servicing Officer FIRM: Alaska Industrial Development and Export Authority CITY: Anchorage TELEPHONE NUMBER: (907) 269-3000 FAX NUMBER: (907) 269-3044 FROM: Cindy Cartledge TOTAL NUMBER OF PAGES INCLUDING THIS PAGE: 3 COMMENTS: ORIGINAL DOCUMENT TO FOLLOW VIA: N/A PRAIA AAA RATA RIAA AAAI RRR ERE RER EAE R ESA IIIA ARI III RIA REEAEIIIES ESSAI AAA AIR AAAI AIA SS SAAN ASSIS If you do not receive all pages, please call back as soon as possible: OPERATOR Colleen M. Fetz AT (907) 276-6401. Our telecopier number is (907) 276-5093. fie eee de ede tet fede Be IORI IT RII NR RR eB IR RI IO RT RSI RRR III IIR ITAA IAI EERE RR IIT IIR IIR The information contained in this transmission is privileged and confidential. It is intended only for the use of the recipient named above. Authorization to review, discuss, disseminate, or copy the following pages is strictly limited to the named recipient and the recipient’s employees or agents. TONY KNOWLES, GOVERNOR e nl « 400 Willoughby Avenue, 4th Floor Juneau, Alaska 99801-1796 Phone: (907) 465-3400 FAX: (907) 586-2954 DEPARTMENT OF NATURAL RESOURCES DIVISION OF MINING, LAND AND WATER 26 July 2000 Keith Laufer, Executive Director Alaska Energy Authority Alaska Industrial Development & Export Authority 480 West Tudor Anchorage, AK 99503 Re: | Mahoney Lake Hydro economic information ADNR file # LAS 14359 Dear Mr. Laufer: | am preparing to adjudicate Cape Fox Corporation’s application for a water right for the Mahoney Lake Hydro Project. Under the Alaska Water Use Act, we must make a finding of the public interest, and in so doing must consider the effects of the proposed appropriation on benefits to the project developer and on general economic activity. Since we lack in-house economic analysis resources, we must rely on a review of available economic information and analysis by others. | respectfully request your advice and assistance in referring me to such economic information as may be available regarding the Mahoney Lake Hydro Project, particularly any data or analysis developed by AEA, AIDEA, or other agency. (I already have the FERC license applicant's “Costs & Financing” report included as Exhibit D in the FERC license application; the FERC applicant's “Economic & Financial Feasibility Assessment of the Swan/Tyee Lakes Intertie Project”, included as Appendix H of the FERC license application; FERC’s Developmental Analysis contained in the Final Environmental Assessment; and the FERC applicant's and KPU’s comment letters in Appendix D of the Final EA.) Also, | note in the 22-23 July Ketchikan Daily News that KEC has requested AEA’s opinion on KEC’s interpretation of the Four Dam Pool power sales agreement. | would appreciate receiving a copy of AEA’s response, and of any other analyses of this issue that AEA might produce. Thank you for any assistance you may be able to provide. eZ of. ce La 4 John Dunker Water Resource Officer Ce: Percy Frisby, Rural Energy Manager, AEA Gary Prokosch, Chief, Water Resource Section, ADNR “Develop, Conserve and Enhance Natural Resources for Present and Future Alaskans” *} printed on recycled paper b y G.D