HomeMy WebLinkAboutRes 2006-05 Amend Regulations-Bulk Fuel Loan Fund-Oct' * ·***~IBE~
TO:
* * Alaska Industrial Development
and Export Authority
Board of Directors
MEMORANDUM
FROM:
Alaska Energy Auth~livrity
Ron Miller
Executive Director J
DATE: October 16, 2006
SUBJECT: Resolution No. 2006-05
Adoption of AEA Regulation Changes
Resolution No. 2006-05 adopts the amended regulations attached as Exhibit A to the resolution.
These amended regulations revise 3 AAC 106.300 and 3 AAC 106.310 by making them
consistent with SLA 2006 Chapter 78 which relates to the maximum amount of loans from the
Bulk Fuel Revolving Loan Fund to one borrower in a fiscal year.
The Alaska Energy Authority (AEA) widely distributed notice of the proposed revisions and
published notice in the Delta Discovery Newspaper on August 16, the Nome Nugget on August
17, and the Alaska Journal of Commerce on August 20, 2006. Upon request, AEA also
emailed notice to the First Alaskans Institute, the Alaska Intertribal Council, Rural Alaska Fuel
Services (RAFS) and Nels Anderson, Chair of the Governor's Rural Energy Action Council;
provided notice to state legislators, the Administrative Regulation Review Committee, both
Senate and House Community and Regional Affairs Committees, and the Legislative Council;
and posted the notice on AEA's website and on the State of Alaska Online Public Notice
System. There was no public hearing. The public comment period ended on September 21,
2006, at 4:30p.m.
AEA received no comments on the proposed regulations.
Staff recommends approval of Resolution No. 2006-05.
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ALASKA ENERGY AUTHORITY
RESOLUTION NO. 2006-05
RESOLUTION OF THE ALASKA ENERGY AUTHORITY
RELATING TO THE ADOPTION OF NEW REGULATION
RELATING TO THE BULK FUEL REVOLVING LOAN
FUND
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 amended regulations dealing with the Bulk Fuel Revolving Loan Fund
program, as set forth in Exhibit "A" attached to this resolution, amending 3 AAC 106.300(3) and
3 AAC 106.310(4);
WHEREAS, the Authority has complied with all of the provisions of AS 44.62 concerning
the adoption by the Authority of regulations;
WHEREAS, staff of the Authority has reported to this board the nature and content of
the comments received from the public with respect to the amended regulations and the
Authority has considered these comments; and
WHEREAS, it is in the best interest of the Authority that the Bulk Fuel Revolving Loan
Fund amended regulations 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 Bulk Fuel
Revolving Loan Fund amended regulations attached hereto as Exhibit "A".
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 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 16th day of October 2006.
(SEAl,)
ATTEST
Secretary
C:\WINNTITemporary Internet Files\OLK1\BFRLF regs bd res 2006·05 (2).doc
Exhibit A
Register _______ 2006 ALASKA ENERGY AUTHORITY
3 AAC 106.300(3) is amended to read:
(3) written endorsement that from the governing body of each [THE] community, if the
applicant is a person generating power or selling fuel in the community;
(Eff. 2/16/96, Register 137; am 3/25/2005, Register 173; am_/_/__, Register___)
Authority: AS 42.45.250 AS 44.83.080
3 AAC 106.310(4) is amended to read:
(4) the amount of the loan, added to the amounts of all other bulk fuel loans to the same
borrower in the same fiscal year, may not exceed $400,000, OJ', if the bori'Ower is a cooperative
corpot·ation ot·ganized undet• AS 10.15 or an electt'ic cooperative ot·ganized under AS 10.25
and uses the loan to purchase bulk fuel on behalf of more than one community, may not
exceed the lesser of $400,000 multiplied by the numbet• of communities on whose behalf the
bulk fuel is to be purchased, or $1,500,000 ($300,000].
(Eff. 2/16/96, Register 137; am 3/25/2005, Register 173; am_/_/ __ , Register___)
Authority: AS 42.45.250 AS 44.83.080