NOTICE OF PROPOSED CHANGES IN THE COGENERATION, SMALL POWER PRODUCTION, AND NET METERING REGULATIONS OF THE REGULATORY COMMISSION OF ALASKA
The REGULATORY COMMISSION of ALASKA (Commission) proposes, in Docket R-13-002, to adopt regulations in Title 3 of the Alaska Administrative Code dealing with the integration and purchase of electric power between an electric utility and a Qualifying Facility (QF). These proposed changes would revise and update rules governing cogeneration and small power production. Specifically, the Commission is considering adding a section to address integration of QF power with an electric utility; revising the rules under which purchases of QF power are made by an electric utility; adding a section to address reporting requirements from electric utilities and QFs; revising the section governing disputes; and removing, adding and revising some definitions. In addition, the Commission is considering revising the definition of “non-firm power rate” in 3 AAC 50.949 to conform to proposed changes in the rules under which purchases of QF power are made by an electric utility.
The Commission also seeks specific comment on its proposal to remove the distinction between firm and non-firm power within the currently effective regulations, and whether proposed language mirroring Federal Energy Regulatory Commission rules should be adopted by reference or included explicitly within the Alaska Administrative Code.
You may comment on the proposed regulation, including the potential costs to private persons of complying with the proposed changes, by submitting written comments to the Regulatory Commission of Alaska at 701 W. 8th Avenue, Suite 300, Anchorage, Alaska 99501. Additionally, the Regulatory Commission of Alaska will accept comments via its website at: https://rca.alaska.gov/RCAWeb/WhatsNew/PublicNoticesComments.aspx.
Comments may also be submitted through the Alaska Online Public Notice System, by accessing this notice on the system and using the “comment” link. Initial comments must be received no later than 5:00 p.m., on October 26, 2015 and should reference Docket R-13-002.
If you are a person with a disability who needs a special accommodation in order to participate in this process, please contact Joyce McGowan at (907) 276-6222, toll-free at 1-800-390-2782, TTY (907) 276-4533, or via electronic mail to rca.mail@alaska.gov, no later than October 21, 2015, to ensure that any necessary accommodations can be provided.
Since this is a regulation proceeding, commenters are not required to serve their comments on the other entities set out on the service list of this notice. Interested persons may request from the Commission copies of the comments filed in this proceeding. For a copy of the proposed regulation changes and related material, contact the Commission’s Records & Filings Section at the above address or at 907-276-6222 or go to: http://rca.alaska.gov/RCAWeb/home.aspx. Those seeking to obtain the materials at the website may select “All Open Rule-making Dockets” under Top Searches, and choose Matter Number “R-13-002.”
After the public comment period ends, the Regulatory Commission of Alaska will either adopt the proposed regulation changes or other provisions dealing with the same subject, without further notice, or decide to take no action. The language of the final regulations may be different from that of the proposed regulations. YOU SHOULD COMMENT DURING THE TIME ALLOWED IF YOUR INTERESTS COULD BE AFFECTED. Written comments received are public records and are subject to public inspection.
Statutory Authority: AS 42.05.141; AS 42.05.151
Statutes Being Implemented, Interpreted, or Made Specific: AS 42.05.141; AS 42.05.151; AS 42.05.291; AS 42.05.301; AS 42.05.361; AS 42.05.381; AS 42.05.391
Fiscal Information: The proposed regulation changes are not expected to require an increased appropriation.
DATED at Anchorage, Alaska, this 24th day of September, 2015.
REGULATORY COMMISSION OF ALASKA
T.W. Patch
Chairman
ADDITIONAL REGULATIONS NOTICE INFORMATION
(AS 44.62.190(g))
1. Adopting agency: Regulatory Commission of Alaska
2. General subject of regulation: Cogeneration and Small Power Production
3. Citation of regulation (may be grouped): 3 AAC 50.750 – 3 AAC 50.820
4. Department of Law file number, if any:
5. Reason for the proposed action:
(X) Compliance with federal law or action (identify): 16 U.S.C. ch. 46 § 2601 et seq.
( ) Compliance with new or changed state statute
( ) Compliance with Federal or state court decision (identify)
( ) Development of program standards
(X) Other (identify): improve clarity and administrative efficiency of the regulations
6. Appropriation/Allocation:
7. Cost of implementation to the state agency and available funding (in thousands of dollars):
Initial Year Subsequent
FY 2015 Years
Operating Cost $ 0 $ 0
Capital Cost $ 0 $ 0
1002 Federal receipts $ 0 $ 0
1003 General fund match $ 0 $ 0
1004 General fund $ 0 $ 0
1005 General fund/
program $ 0 $ 0
1037 General fund/
mental health $ 0 $ 0
Other $ 0 $ 0
8. The name of the contact person for the regulations:
Name: Jeffrey Davis
Title: Administrative Law Judge
Address: 701 W. Eighth Avenue, Suite 300, Anchorage, AK 99501
Telephone: 907-263-2176
E-mail address jeffrey.davis@alaska.gov
9. The origin of the proposed action:
_____ Staff of state agency
_____ Federal government
_____ General public
__X__ Petition for regulation change
_____ Other (identify)
10. Date: _09/24/15_________________ Prepared by: _____________________________
[signature]
Name (printed): Jeffrey Davis
Title (printed): Administrative Law Judge
Telephone: 907-263-2176