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Home My WebLink AboutRes 2006-03 ReAdoption of PCE Regulations-June' * ***~IDE~ * ....A, Alaska Industrial Development ~ and Export Authority TO: Board of Directors Alaska Energy Authority FROM: Ron Miller Jh . Executive,H'i~ DATE: June 13, 2006 SUBJECT: Resolution No. 2006-03 MEMORANDUM Adoption of AEA Regulation Changes Resolution No. 2006-03 re-adopts the amended regulations attached as Exhibit A to the resolution, which the board adopted at its May 11, 2006 board meeting. Re-adoption is necessary because the regulations section of the Department of Law has advised the Authority that it was required to give additional notice of the regulations and advised that the board was required to re-adopt the regulations after the additional notice was given. Authority staff gave the required additional notice on May 17, 2006 (copy attached}. As discussed in my May 11, 2006 memorandum to you, these regulations revise Alaska Administrative Code Title 3 by adding Section 107.225, outlining the method Alaska Energy Authority (AEA) will use to allocate supplemental appropriations to the Power Cost Equalization program (PCE) made after earlier pro rata reductions. These regulations are unchanged from what you approved on May 11, 2006. Staff recommends approval of Resolution No. 2006-03. 813 West Northern Lights Boulevard • Anchorage, Alaska 99503-2495 www.aidea.org • 907/269-3000 • FAX 907/269-3044 • Toll Free (Alaska Only) 888/300-8534 • www.akenergyauthority.org .·' ALASKA ENERGY AUTHORITY RESOLUTION NO. 2006-03 RESOLUTION OF THE ALASKA ENERGY AUTHORITY RELATING TO THE ADOPTION OF NEW REGULATION RELATING TO POWER COST EQUALIZATION (PCE) WHEREAS, pursuant to AS 44.83.080 the Alaska Energy Authority (the "Authority'') may adopt regulations to carry out the purposes of AS 44.83 and AS 42.45; WHEREAS, staff of the Authority has proposed that the Authority's regulations be amended to adopt a new regulation dealing with the allocation of supplemental appropriations to the Power Cost Equalization (PCE) program, as set forth in Exhibit "A" attached to this resolution ("the new PCE regulation"); WHEREAS, the Authority has complied with all of the provisions of AS 44.62 concerning the adoption by the Authority of regulations; WHEREAS, the staff of the Authority has reported to this board the nature and content of the comments received from the public with respect to the new PCE regulation and the Authority has considered these comments; and WHEREAS, it is in the best interest of the Authority that the new PCE regulation be adopted. NOW THEREFORE, BE IT RESOLVED BY THE ALASKA ENERGY AUTHORITY AS FOLLOWS: Section 1. In accordance with AS 44.83.080 the Authority hereby adopts the new PCE regulation. Section 2. The Executive Director of the Authority is hereby authorized to take such actions and file such documents as may be necessary to finalize the new PCE regulation amendment contemplated in this resolution in order to facilitate the filing of the amendments with the office of the Lieutenant Governor. .,.. . ..• ,.. DATED at Anchorage, Alaska, this 21'1 day of June 2006. ··~.~··~~-~·,';_,·:.:':.'.] .... ~ Chair H:\Board of Directors\Resolutions and Memos\Resolution Regs adoption PCE.doc EXHIBIT"A" Register _ _, _____ 2006 COMMERCE, COMMUNITY AND EC. DEY. 3 AAC I 07 is amended by adding a new section to read: 3 AAC 107.225. Allocation of supplemental appropriations after pro rata reduction. If a supplemental appropriation is received for the power cost equalization program after the authority has made a pro rata reduction under AS 42.45.110(i), the authority will (1) increase the power cost equalization payments to be made to eligible utilities for the rest of the fiscal year on a pro rata basis up to the maximum allowable under AS 42.45.110; and (2) if any money remains after payments are made under (1) of this section, make additional power cost equalization payments to eligible utilities that received reduced payments under AS 42.45.110(i) to restore funding to the maximum allowable under AS 42.45.110 for each month, starting from the most recent month and going back to the beginning of the state fiscal year. (Eff. _/_/ __ , Register___) Authority: AS 42.45.100 AS 42.45.110 AS 42.45.160 AS 42.45.170 AS 44.83.080 Alaska Energy Authority Additional Regulations Notice Home Go Back Online Public Notice State of Alaska Page 1 of2 Public Notices Alaska Energy Authority Additional Regulations Notice Submitted by: bjmontbriand _fuglestad/08 Date Submitted: 05/19/2006 08:47AM Date Modified: 05/19/2006 08:50:11 AM Ak Admin Journal: [not printed] Attachments: • Additional reg notice for AEA may 17 06.pdf Alaska Energy Authority Additional Regulations Notice Category: Regulations Sub-Category: Notice of Proposed Regulations Publish Date: 05/19/2006 Body of Notice: To: Recipients of Public Notice Department: Commerce Community & Economic Development Location: Anchorage Coastal District: N/A From: Becky Gay, Project Manager Regulations Contact for Alaska Energy Authority RE: Additional Regulations Notice Information for proposed changes to Power Cost Equalization program File No: 993-006-0170 Enclosed is the "Additional Regulations Notice Information" form as required by 44.62.190 (d) concerning a proposed amendment to 3 AAC 107, adding a new section, 3 AAC 107.225, on the allocation of supplemental appropriations after pro-rata reductions for the Power Cost Equalization (PCE) program. Please note that this additional regulation notice information does not reopen the comment period which closed on May 9, 2006. The attached information was inadvertently not distributed with the notice distributed in April 2006. ATTACHMENT: (Attachment is also attached to this notice as a pdf document) ADDITIONAL REGULATIONS NOTICE INFORMATION (AS 44.62.190(d)) 1. Adopting agency: Alaska Energy Authority (AEA) 2. General subject of regulation: Power Cost Equalization allocation of supplemental appropriations after pro-rata reduction 3. Citation of regulation (may be grouped): 3 AAC 107.225 4. Reason for the proposed action: ( ) compliance with federal law ( ) compliance with new or changed state statute ( ) compliance with court order (x ) development of program standards ( ) other: (please list) 5. RDU/component affected: Alaska Energy Authority/AEA Power Cost Equalization 6. Cost of implementation to the state agency and available funding (in thousands of dollars): Initial Year Subsequent http:/ /notes5 .state.ak. us/pnlpubnotic.nsf/ad4 f363a31408ed98925672a00607900/c92d466ac5... 617/2006 Alaska Energy Authority Additional Regulations Notice FY _06_Years Operating Cost $_0 $_0 __ Capital Cost $_0 __ $_0 __ Federal receipts $ $ General fund match $ $ General fund $ $ General fund/ program receipts $ $ General fund/ mental health $ $ Other funds (specify)$ $ 7. The name of the contact person for the regulations: Name Becky Gay Title Project Manager, Alaska Energy Authority Address 813 W. Northern Lights Anchorage, AK 99517 Telephone 907-269-3024 E-mail address bgay@aidea.org 8. The origin of the proposed action: _x_ staff of state agency __ federal government __ general public __ petition for regulation change __ other (please list), _____________________ _ 9. Date: May 17, 2006 Prepared by: Name (typed) Becky Gay Title (typed) Project Manager, AEA Telephone: 269-3024 Revision History: 05/19/2006 08:47:45 AM by bjmontbriand_fuglestad/08/State/Aiaska/US 05/19/2006 08:50:11 AM by bjmontbriand_fuglestad/08/State/Aiaska/US $$WebCiient [Anon] ----------------· Home Page Notices by: Department I Category I Publish Date ----------·-·--····· .. ··------------- D Additional reg notice for AEA may 17 06.pdf Page 2 of2 http://notes5.state.ak.us/pn/pubnotic.nsf/ad4f363a31408ed98925672a00607900/c92d466ac5... 6/7/2006 * ***~IDE'" * * Al.nlo..1 lndu~lrl;,l De\'tlopment .1nd E\p"rl Aulhorllr May 17, 2006 To: Recipients of Public Notice From: Becky Gay, Project Manager Regulations Contact for Alaska Energy Authority Department of Commerce, Community and Economic Development RE: Additional Regulations Notice Information for proposed changes to Power Cost Equalization program File No: 993-006-0170 /~ALASKA ===! ENERGY AUTHORITY Enclosed is the "Additional Regulations Notice Information" form as required by 44.62.190 (d) concerning a proposed amendment to 3 AAC 107, adding a new section, 3 AAC 107.225, on the allocation of supplemental appropriations after pro-rata reductions for the Power Cost Equalization (PCE) program. Please note that this additional regulation notice information does not reopen the comment period which closed on May 9, 2006. The attached information was inadvertently not distributed with the notice distributed in April2006. 813 West f'.;or1hern Lights Boulo\',lld • .~nchorage, Alosha 99503·2495 11~1'\V.aldea.org • 907/269-3000 • F.~X 907!?.69-3044 • Toll Free IAI,1Ska Onlyi888/300-8534 • 11'\VII',akenergy.nahority.org ADDITIONAL REGULATIONS NOTICE lNFORMA TION (AS 44.62.190(d)) 1. Adopting agency: Alaska Energy AuthoriiT CAEA) 2. General subject of regulation: Power Cost Equalization allocation ofsullplementalappropdations after pro-rata reduction 3. Citation of regulation (may be grouped): 3 AAC 107.225 4. Reason for the proposed action: ( ) compliance with fcdcrallaw ( ) compliance with new or changed state statute ( ) compliance with conrt order (x) development of program standards ( ) other: (please list) 5. RDU/component affected: Alaska Energy Authodty/ AEA Power Cost Equalization 6. Cost of implementation to the state agency and available funding (in thousunds of dollars): Initial Year Subsequent FY 06 Years Operating Cost Capital Cost $ 0 $:__,0 __ $ 0 $.__,0 __ Federal receipts $ $ General fund match $ $ General fund $ $ General fund/ pmgram receipts $ $ General fund/ mental health $ $ Otlter funds (specifY) $ $ 7. The name oftlte contact person for the regulations: Name Beckv Gay Title Project Manager. Alaska Energy AuthoriiT Address 813 W. Northern LiAAts Anchorage. AK 99517 Telephone 907·269-3024 E-mail address bgay@aidea.org 8. The origin of the proposed action: x staff of state agency federal govellUllent gcueral public petition for regulation change other (please list)'-------~---""71-"'T"-?"l'...-------- 9. Date: May 17,2006 Prepared by: Namo (typed) Title (typed) Telephone: