HomeMy WebLinkAboutRes 2017-05-Power Project Operator RegulationsALASKA ENERGY AUTHORITY
RESOLUTION NO. 2017-05
RESOLUTION OF THE ALASKA ENERGY AUTHORITY
ADOPTING POWER PROJECT OPERATOR REGULATIONS
FOR THE AUTHORITY
WHEREAS, the Alaska Energy Authority (“Authority”) has legal authority to own
certain power projects, and has the power and duty to operate and maintain owned power
projects either itself or through a contract with a power project operator;
WHEREAS, 3 AAC 105.300(a) currently provides that the Authority will operate an
owned power project either using the Authority’s employees or by contracting with a
“qualified utility,” which is defined, in part, by AS 44.83.425(3) to mean a utility to be
served by the power project that the Authority determines is capable of operating and
maintaining the power project;
WHEREAS, using the Authority’s employees to operate an Authority owned
project is not a viable option to the Authority, and is inconsistent with legislative direction
in sec. 37, ch. 18, SLA 1993 that the Authority “shall, to the maximum extent feasible,
enter into contracts with public utilities and other entities to carry out its duties with
respect to the maintenance and operation of power projects owned by the Alaska Energy
Authority.”
WHEREAS, the Authority’s provided public notice of the proposed regulations,
solicited public comment through July 21, 2017, conducted a public hearing on July 10,
2017, and otherwise followed procedures required by the Administrative Procedures Act;
WHEREAS, the time period for public comment has passed, and the Authority has
reported about the oral and written public comment received and the consideration the
Authority gave to each public comment received; and
WHEREAS, the proposed regulations attached as Exhibit A reflect the originally
proposed regulations, as revised by the Authority in response to public comments and
further evaluation by the Authority.
NOW, THEREFORE, BE IT RESOLVED BY THE ALASKA ENERGY
AUTHORITY AS FOLLOWS:
Section 1. The Board of Directors of the Authority adopts as regulations of the
Authority the amendments to 3 AAC 105.300, a copy of which is attached as Exhibit A.
Section 2. The Executive Director of the Authority is authorized and directed to
file the regulations with the lieutenant governor, and take other steps necessary or