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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