AS Title 44, Chapter 83: Alaska Energy Authority

Article 1. Creation and Organization. Chapter 83. Alaska Energy Authority. Sec. 44.83.010. Legislative finding and policy. [Repealed, § 28 ch 18 SLA 1993.] Sec. 44.83.020. Creation of authority. There is created the Alaska Energy Authority. The authority is a public corporation of the state in the Department of Commerce, Community, and Economic Development but with separate and independent legal existence. Sec. 44.83.030. Members of the board. (a) The members of the board of directors of the authority are (1) the commissioner of revenue; (2) the commissioner of commerce, community, and economic development; and (3) six public members appointed by the governor as follows: (A) one member with expertise or experience in managing or operating an electric utility that is not connected to an interconnected electric energy transmission network as defined in AS 42.05.790 ; (B) one member with expertise or experience in developing energy projects in rural communities; (C) one member with expertise or experience in managing or operating an electric utility connected to an interconnected electric energy transmission network as defined in AS 42.05.790 ; (D) one member with expertise or experience in managing a municipally owned utility located off the interconnected road system or joint action agency established under AS 42.45.310 located off the interconnected road system; (E) one member with financial expertise in large power generation project development; and (F) one member with expertise or experience in finance, energy policy, energy technology, engineering, law, or economics. (b) If the commissioner described in (a)(1) or (a)(2) of this section is unable to attend a meeting of the authority, the commissioner may, by an instrument in writing filed with the authority, designate a deputy or director to act in the commissioner's place as a member of the board at the meeting. For all purposes of this chapter, the designee is a member of the board at the meeting. (c) Public board members described in (a)(3) of this section serve for three-year terms. (d) If a vacancy occurs in the membership of the board, the governor shall immediately appoint a member for the unexpired portion of the term. Sec. 44.83.040. Transaction of business. (a) The board of directors of the authority shall elect a chair and vice-chair every two years from among its members. The powers of the authority are vested in the board of directors, and five board members constitute a quorum. Action may be taken and motions and resolutions adopted by the authority at a meeting by the affirmative vote of at least five board members. The members of the board of directors of the authority serve without compensation, but they shall receive the same travel pay and per diem as provided by law for board members under AS 39.20.180 . (b) The board may meet and transact business by an electronic medium if (1) public notice of the time and locations where the meeting will be held by an electronic medium has been given in the same manner as if the meeting were held in a single location; (2) participants and members of the public in attendance can hear and have the same right to participate in the meeting as if the meeting were conducted in person; and (3) copies of pertinent reference materials, statutes, regulations, and audio-visual materials are reasonably available to participants and to the public. (c) A meeting by an electronic medium as provided in this section has the same legal effect as a meeting in person. (d) A director of the authority may not vote on a resolution of the authority relating to a lease or contract to be entered into by the authority under this chapter if the director is a party to the lease or contract or has a direct ownership or equity interest in a firm, partnership, corporation, or association that is a party to the contract or lease. When abstaining from voting, the director must disclose the reason for the abstention. A director who is a member of an electric cooperative that is organized under or subject to AS 10.25 (Electric and Telephone Cooperative Act) may vote on a resolution relating to a contract or lease to which that cooperative is a party. The director shall disclose the cooperative membership at the time of voting. A resolution of the authority that is approved by a majority of the directors present who are not barred from voting under this subsection is a valid action of the authority for all purposes. Sec. 44.83.043. Officers and employees. The authority may, as the authority considers advisable, appoint persons as officers, including an executive director, and employ professional advisors, counsel, technical experts, agents, and other employees. The executive director and employees of the authority are in the exempt service under AS 39.25 . Sec. 44.83.045. Qualifications, powers, and duties of officers and directors. [Repealed, § 27 ch 18 SLA 1993.] Sec. 44.83.050. Staff. [Repealed, § 23 ch 156 SLA 1978.] Article 2. Purpose and Powers. Sec. 44.83.070. Purpose of the authority. The purpose of the authority is to promote, develop, and advance the general prosperity and economic welfare of the people of the state by providing a means of financing and operating power projects and facilities that recover and use waste energy and by carrying out the powers and duties assigned to it under AS 42.45 . Sec. 44.83.080. Powers of the authority. In furtherance of its corporate purposes, the authority has the following powers in addition to its other powers: (1) to sue and be sued; (2) to have a seal and alter it at pleasure; (3) to make and alter bylaws for its organization and internal management; (4) to adopt regulations governing the exercise of its corporate powers; (5) to improve, equip, operate, and maintain power projects and bulk fuel, waste energy, energy conservation, energy efficiency, and alternative energy facilities and equipment; (6) to issue bonds to carry out any of its corporate purposes and powers, including the establishment or increase of reserves to secure or to pay the bonds or interest on them, and the payment of all other costs or expenses of the authority incident to and necessary or convenient to carry out its corporate purposes and powers; (7) to sell, lease as lessor or lessee, exchange, donate, convey, or encumber in any manner by mortgage or by creation of any other security interest, real or personal property owned by it, or in which it has an interest, when, in the judgment of the authority, the action is in furtherance of its corporate purposes; (8) to accept gifts, grants, or loans from, and enter into contracts or other transactions regarding them, with any person; (9) to deposit or invest its funds, subject to agreements with bondholders; (10) to enter into contracts with the United States or any person and, subject to the laws of the United States and subject to concurrence of the legislature, with a foreign country or its agencies, for the construction, financing, operation, and maintenance of all or any part of a power project or bulk fuel, waste energy, energy conservation, energy efficiency, or alternative energy facilities or equipment, either inside or outside the state, and for the sale or transmission of power from a project or any right to the capacity of it or for the security of any bonds of the authority issued or to be issued for the project; (11) to enter into contracts with any person and with the United States and, subject to the laws of the United States and subject to the concurrence of the legislature, with a foreign country or its agencies for the purchase, sale, exchange, transmission, or use of power from a project, or any right to the capacity of it; (12) to apply to the appropriate agencies of the state, the United States, and a foreign country and any other proper agency for the permits, licenses, or approvals as may be necessary, to acquire, construct, maintain, and operate power projects in accordance with the licenses or permits, and to obtain, hold, and use the licenses and permits in the same manner as any other person or operating unit; (13) to enter into contracts or agreements with respect to the exercise of any of its powers, and do all things necessary or convenient to carry out its corporate purposes and exercise the powers granted in this chapter; (14) to recommend to the legislature (A) the pledge of the credit of the state to guarantee repayment of all or any portion of revenue bonds issued to assist in construction of power projects; (B) an appropriation from the general fund (i) for debt service on bonds or other project purposes; or (ii) to reduce the amount of debt financing for the project; (15) to carry out the powers and duties assigned to it under AS 42.45 and AS 44.83.700 — 44.83.720; (16) to make grants or loans to any person and enter into contracts or other transactions regarding the grants or loans; (17) to promote energy conservation, energy efficiency, and alternative energy through training and public education; (18) to acquire a Susitna River power project, whether by construction, purchase, gift, or lease, including the acquisition of property rights and interests by eminent domain under AS 09 ; (19) to perform feasibility studies and engineering and design with respect to power projects; (20) to acquire battery and other energy storage systems, whether by direct ownership, purchase, grant, gift, or lease. Sec. 44.83.085. Susitna River power project annual report. The authority shall prepare, not later than the first day of each regular session of the legislature, an annual report summarizing the status of the Susitna River power project and shall notify the legislature that the report is available. Sec. 44.83.090. Power contracts and the Regulatory Commission of Alaska. (a) The authority shall, in addition to the other methods that it may find advantageous, provide a method by which municipal electric, rural electric, cooperative electric, or private electric utilities and regional electric authorities, or other persons authorized by law to engage in the distribution of electricity may secure a reasonable share of the power generated by a project, or any interest in a project, or for any right to the power and shall sell the power or cause the power to be sold at the lowest reasonable prices that cover the full cost of the electricity or services, including capital and operating costs, debt coverage as considered appropriate by the authority, and other charges that may be authorized by this chapter. Except for a contract or lease entered into under former AS 44.83.380 — 44.83.425, a contract or lease for the sale, transmission, and distribution of power generated by a project or any right to the capacity of it shall provide: (1) for payment of all operating and maintenance expenses of a project and costs of renewals, replacements, and improvements of it; (2) for interest on and amortization charges sufficient to retire bonds of the authority issued for the project and reserves for them, plus a debt service coverage factor as may be determined by the authority to be necessary for the marketability of its bonds; (3) for monitoring of the project by the authority or its agents; (4) for full and complete disclosure to the authority of all factors of costs in the transmission and distribution of power, so that rates to any persons may be fixed initially in the contract or lease and may be adjusted from time to time on the basis of true cost data; (5) for periodic revisions of the service and rates to persons on the basis of accurate cost data obtained by the accounting methods and systems approved by the directors and in furtherance and effectuation of the policy declared in this chapter; (6) for the cancellation and termination of a contract or lease upon violation of its terms by any person; (7) for security for performance as the authority may consider practicable and advisable, including provisions assuring the continuance of the distribution and transmission of power generated by a project and the use of its facilities for these purposes; and (8) other terms not inconsistent with the provisions and policy of this chapter as the authority may consider advisable. (b) The authority is not subject to the jurisdiction of the Regulatory Commission of Alaska, except as provided in AS 44.83.700 (d). Nothing in this chapter, except as provided in AS 44.83.700 — 44.83.720, grants the authority jurisdiction over the services or rates of a public utility or diminishes or otherwise alters the jurisdiction of the Regulatory Commission of Alaska with respect to a public utility, including any right the commission may have to review and approve or disapprove contracts for the purchase of electricity by a public utility other than wholesale agreements and contracts described in AS 42.05.431 (c)(1). Sec. 44.83.092. Authority for municipalities and utilities to enter into power sales contracts. The authority and any municipality or public or private entity operating an electric utility, or a municipality or private entity and another municipality or private entity, may enter into a contract providing for or relating to the sale of electric power by the authority to the municipality or entity, or by the municipality or entity to another municipality or entity. The contract may provide (1) that the amounts payable under the contract are operating expenses of the utility and are valid and binding obligations of the municipality or other entity payable from the gross revenues of the utility; (2) for one or more appropriations of the amounts payable under the contract; (3) for the municipality or other entity to assume the obligations of another contracting party in the event of a default by that party; (4) that after completion of a project the municipality or other entity is obligated to make payments notwithstanding a suspension or reduction in the amount of the power supplied by the project; or (5) that payments under the contract are not subject to reduction by offset or otherwise. Article 3. Financial Provisions. Sec. 44.83.100. Bonds of the authority. (a) The authority may borrow money and may issue bonds, including but not limited to bonds on which the principal and interest are payable (1) exclusively from the income and receipts or other money derived from the project financed with the proceeds of the bonds; (2) exclusively from the income and receipts or other money derived from designated projects whether or not they are financed in whole or in part with the proceeds of the bonds; (3) from its income and receipts or other assets generally, or a designated part or parts of them; or (4) from one or more revenue-producing contracts including a contract providing for the security of the bonds made by the authority with any person. The authority may issue bonds to pay, fund, or refund the principal of, or interest or redemption premiums on, bonds issued by it, whether or not the bonds or interest to be funded or refunded have become due. (b) Bonds shall be authorized by resolution of the authority, and shall be dated and shall mature as the resolution may provide, except that no bond may mature more than 50 years from the date of its issue. Bonds shall bear interest at the rates, be in the denominations, be in the form, either coupon or registered, carry the registration privileges, be executed in the manner, be payable in the medium of payment, at the places, and be subject to the terms of redemption which the resolution or a subsequent resolution may provide. (c) All bonds, regardless of form or character, shall be negotiable instruments for all the purposes of AS 45.01 — AS 45.08 , AS 45.12 , AS 45.14 , and AS 45.29 (Uniform Commercial Code). (d) All bonds may be sold at public or private sale in the manner, for the price or prices, and at the time or times which the authority may determine. Sec. 44.83.105. Bonds for power projects under the energy program for Alaska. [Repealed, § 28 ch 18 SLA 1993.] Sec. 44.83.110. Trust indentures and trust agreements. (a) In the discretion of the authority, an issue of bonds may be secured by a trust indenture or trust agreement between the authority and a corporate trustee (which may be a trust company, bank, or national banking association, with corporate trust powers, located inside or outside the state) or by a secured loan agreement or other instrument or under a resolution giving powers to a corporate trustee by means of which the authority may (1) make and enter into any and all the covenants and agreements with the trustee or the holders of the bonds that the authority may determine to be necessary or desirable, including, without limitation, covenants, provisions, limitations, and agreements as to (A) the application, investment, deposit, use, and disposition of the proceeds of bonds of the authority or of money or other property of the authority or in which it has an interest; (B) the fixing and collection of rentals, charges, fees, or other consideration for, and the other terms to be incorporated in, contracts with respect to a project or to generated power; (C) the assignment by the authority of its rights in contracts with respect to a project or to generated power or in a mortgage or other security interest created with respect to a project or generated power to a trustee for the benefit of bondholders; (D) the terms and conditions upon which additional bonds of the authority may be issued; (E) the vesting in a trustee of rights, powers, duties, funds, or property in trust for the benefit of bondholders, including, without limitation, the right to enforce payment, performance, and all other rights of the authority or of the bondholders, under a lease, power of contract, contract of sale, mortgage, security agreement, or trust agreement with respect to a project by injunction or other proceeding or by taking possession of by agent or otherwise and operating a project and collecting rents or other consideration and applying the same in accordance with the trust agreement; (2) pledge, mortgage, or assign money, leases, agreements, property, or other rights or assets of the authority either presently in hand or to be received in the future, or both; and (3) provide for any other matters of like or different character that in any way affect the security or protection of the bonds. (b) Notwithstanding any other provisions of this chapter, the trust indenture, trust agreement, secured loan agreement, or other instrument or the resolution constituting a contract with bondholders shall contain a covenant by the authority that it will at all times maintain rates, fees, or charges sufficient to pay, and that a contract entered into by the authority for the sale, transmission, or distribution of power shall contain rates, fees, or charges sufficient to pay the costs of operation and maintenance of the project, the principal of and interest on bonds issued under the trust agreement as the same severally become due and payable, to provide for debt service coverage as considered necessary by the authority for the marketing of its bonds and to provide for renewals, replacements, and improvements of the project, and to maintain reserves required by the terms of the trust agreement. This subsection does not require a covenant that varies from a covenant entered into in accordance with the provisions of former AS 44.83.380 — 44.83.425. (c) For the purpose of securing any one or more issues of its bonds, the authority may establish one or more special funds, called “capital reserve funds”, and shall pay into those capital reserve funds the proceeds of the sale of its bonds and any other money that may be made available to the authority for the purposes of those funds from any other source. The funds shall be established only if the authority determines that the establishment would enhance the marketability of the bonds. All money held in a capital reserve fund, except as provided in this section, shall be used as required, solely for (1) the payment of the principal of, and interest on, bonds or of the sinking fund payments with respect to those bonds, (2) the purchase or redemption of bonds, or (3) the payment of a redemption premium required to be paid when those bonds are redeemed before maturity; however, money in a fund may not be withdrawn from it at any time in an amount that would reduce the amount of that fund to less than the capital reserve requirement set out in (2) of this subsection, except for the purpose of making, with respect to those bonds, payment, when due, of principal, interest, redemption premiums, and the sinking fund payments for the payment of which other money of the authority is not available. Income or interest earned by, or increment to, a capital reserve fund, due to the investment of the fund or any other amounts in it, may be transferred by the authority to other funds or accounts of the authority to the extent that the transfer does not reduce the amount of the capital reserve fund below the capital reserve fund requirement. (d) If the authority decides to issue bonds secured by such a capital reserve fund, the bonds may not be issued if the amount in the capital reserve fund is less than such an amount as may be established by resolution of the authority (called the “capital reserve fund requirement”), unless the authority, at the time of issuance of the obligations, deposits in the capital reserve fund from the proceeds of the obligations to be issued or from other sources, an amount which, together with the amount then in the fund, will not be less than the capital reserve fund requirement. (e) In computing the amount of a capital reserve fund for the purpose of this section, securities in which all or a portion of the funds are invested shall be valued by some reasonable method established by the authority by resolution. Valuation on a particular date shall include the amount of any interest earned or accrued to that date. (f) The chairman of the authority shall annually, no later than January 2, make and deliver to the governor and the legislature a certificate stating the sum, if any, required to restore any capital reserve fund to the capital reserve fund requirement. The legislature may appropriate such a sum, and all sums appropriated during the then current fiscal year by the legislature for such restoration shall be deposited by the authority in the proper capital reserve fund. Nothing in this section creates a debt or liability of the state. (g) When the authority has created and established a capital reserve fund, the commissioner of revenue may lend surplus money in the general fund to the authority for deposit in a capital reserve fund in an amount equal to the capital reserve fund requirement. The loans shall be made on such terms and conditions as may be agreed upon by the commissioner of revenue and the authority, including without limitation terms and conditions providing that the loans need not be repaid until the obligations of the authority secured and to be secured by the capital reserve fund are no longer outstanding. (h) If the authority decides to covenant to issue or to issue bonds secured by a capital reserve fund, the bonds may not be issued until 10 days after the authority has mailed notification to the state bond committee and the Legislative Budget and Audit Committee by certified mail of its intention to establish a capital reserve fund to secure the bond issue. The notification shall include the amount of the capital reserve fund to be established, the amount of bonds proposed to be issued, and the total cost of the project for which the bonds are to be issued. The notification shall be accompanied by an estimate by the authority of the need to withdraw money from the capital reserve fund during the term of the bond issue, the amount that it may be necessary to withdraw, and the time at which withdrawals are estimated to be needed. The authority shall annually prepare a revised estimate, considering the same factors, and a statement of all withdrawals that have occurred from the date of issuance of the bonds to the end of the calendar year. The revised estimate and statement shall be submitted to the state bond committee and the Legislative Budget and Audit Committee by January 30 of the succeeding year. Sec. 44.83.120. Validity of pledge. It is the intention of the legislature that a pledge made in respect of bonds is considered perfected and is valid and binding from the time the pledge is made; that the money or property so pledged and thereafter received by the authority shall immediately be subject to the lien of the pledge without physical delivery or further act; and that the lien of the pledge shall be valid and binding as against all parties having claims of any kind in tort, contract, or otherwise against the authority irrespective of whether the parties have notice. Neither the resolution, trust agreement, nor any other instrument by which a pledge is created need be recorded or filed under the provisions of AS 45.01 — AS 45.08 , AS 45.12 , AS 45.14 , and AS 45.29 (Uniform Commercial Code) to be perfected or to be valid, binding, or effective against the parties. Sec. 44.83.130. Nonliability on bonds. (a) Neither the members of the authority nor a person executing the bonds is liable personally on the bonds or is subject to personal liability or accountability by reason of the issuance of the bonds. (b) The bonds issued by the authority do not constitute an indebtedness or other liability of the state or of a political subdivision of the state, except the authority, but shall be payable solely from the income and receipts or other funds or property of the authority. The authority may not pledge the faith or credit of the state or of a political subdivision of the state, except the authority, to the payment of a bond and the issuance of a bond by the authority does not directly or indirectly or contingently obligate the state or a political subdivision of the state to apply money from, or levy or pledge any form of taxation whatever to the payment of the bond. Sec. 44.83.140. Pledge of the state. The state pledges to and agrees with the holders of bonds issued under this chapter and with the federal agency which loans or contributes funds in respect to a project, that the state will not limit or alter the rights and powers vested in the authority by this chapter to fulfill the terms of a contract made by the authority with the holders or federal agency, or in any way impair the rights and remedies of the holders until the bonds, together with the interest on them with interest on unpaid installments of interest, and all costs and expenses in connection with an action or proceeding by or on behalf of the holders, are fully met and discharged. The authority is authorized to include this pledge and agreement of the state, insofar as it refers to holders of bonds of the authority, in a contract with the holders, and insofar as it relates to a federal agency, in a contract with the federal agency. Sec. 44.83.150. Tax exemption. All property of the authority is public property devoted to an essential public and governmental function and purpose and is exempt from all taxes of the state or a political subdivision of the state; however, the authority may make payments in place of taxes in amounts equal to the real and personal property taxes that would be assessed on its real and personal property by each political subdivision in which its property is located to the same extent as if that property were private property and the authority were a non-public corporation. All bonds issued under this chapter are issued by a body corporate and public of this state and for an essential public and governmental purpose and the bonds and the interest and income on and from the bonds and all income of the authority are exempt from taxation except for transfer, inheritance, and estate taxes. Sec. 44.83.160. Bonds legal investments for fiduciaries. The bonds of the authority are securities in which all public officers and bodies of the state and all municipalities and municipal subdivisions, all insurance companies and associations and other persons carrying on any insurance business, all banks, bankers, trust companies, savings banks, savings associations, including savings and loan associations and building and loan associations, investment companies and other persons carrying on a banking business, all administrators, guardians, executors, trustees and other fiduciaries, and all other persons whatsoever who are now or may hereafter be authorized to invest in bonds or other obligations of the state, may properly and legally invest funds including capital in their control or belonging to them. Notwithstanding any other provisions of law, the bonds of the authority are also securities that may be deposited with and may be received by all public officers and bodies of this state and all municipalities and municipal subdivisions for any purpose for which the deposit of bonds or other obligations of the state is now or may hereafter be authorized. Secs. 44.83.162 — 44.83.165. Power cost equalization. [Repealed, § 28 ch 18 SLA 1993. For present law, see AS 42.45.100 — 42.45.190.] Sec. 44.83.170. Power project fund. [Repealed, § 28 ch 18 SLA 1993. For present law, see AS 42.45.010 .] Secs. 44.83.177 — 44.83.185. Reconnaissance and feasibility studies. [Repealed, § 28 ch 18 SLA 1993.] Sec. 44.83.186. Final cost estimate and reauthorization by the legislature. [Repealed, § 27 ch 89 SLA 1983.] Secs. 44.83.187 — 44.83.189. Applicability of sections; project construction. [Repealed, § 28 ch 18 SLA 1993.] Secs. 44.83.190 — 44.83.240. [Renumbered as AS 44.83.900 — 44.83.995.] Secs. 44.83.300 — 44.83.360. Susitna River hydroelectric project. [Repealed, § 28 ch 18 SLA 1993.] Secs. 44.83.361 , 44.83.363. Rural electrification revolving loan fund. [Repealed, § 28 ch 18 SLA 1993.] Sec. 44.83.370. Electrical service extension fund established. [Repealed, § 28 ch 18 SLA 1993.] Article 4. Power Projects. Sec. 44.83.380. Program established. [Repealed, § 28 ch 18 SLA 1993.] Sec. 44.83.382. Power development fund established. (a) A power development fund is established in the Alaska Energy Authority to carry out the purposes of former AS 44.83.380 — 44.83.425. (b) The fund includes money appropriated to it by the legislature. Sec. 44.83.384. Use of fund balance. (a) The fund may be used by the authority to provide money for (1) the defeasance of bonds, or the payment of debt service on loans for or on an issue of bonds sold in connection with a power project constructed or acquired before August 11, 1993; (2) the cost of operating and maintaining power projects constructed or acquired before August 11, 1993; and (3) debt service on power projects constructed or acquired before August 11, 1993. (b) [Repealed § 28 ch 18 SLA 1993.] (c) [Repealed, § 28 ch 18 SLA 1993.] Sec. 44.83.386. Investment of fund. The authority shall invest the money in the fund in the manner provided in AS 37.10.070 , 37.10.071, and 37.10.075. The authority may withdraw money from the fund only after costs have been incurred or amounts in the fund have been otherwise obligated under contracts for the acquisition and construction of a project. Sec. 44.83.388. Allotment to projects. (a) The authority shall maintain records of power project allocations from the fund for each power project (1) approved in accordance with former AS 44.83.185 ; and (2) for which an allocation is made from an appropriation made by the legislature without specifying an appropriation to a project. (b) Income earned from investment of money appropriated to the fund shall be deposited in the general fund and may be appropriated to the fund by the legislature. Secs. 44.83.390 , 44.83.392. Reappropriation of fund balance; lapse of excess appropriations. [Repealed, § 28 ch 18 SLA 1993.] Sec. 44.83.394. Revenue requirements. [Repealed, § 27 ch 89 SLA 1983.] Sec. 44.83.396. Operation of power project. (a) A power project that was acquired or constructed under AS 44.83.080 (18) or as part of the former energy program for Alaska is owned, and shall be administered, by the authority. (b) When a power project has been acquired or constructed by the authority, the project may be operated for the authority under a contract or lease entered into by a qualified utility and the authority. (c) The authority shall enter into a contract or lease under reasonable terms and conditions to permit the applicant utility to operate the power project when the applicant utility is the only wholesale power customer to be served directly by the power project unless the authority determines a utility making application for a contract or lease to operate a power project is not a qualified utility or is not capable of operating that power project efficiently and in a manner that is consistent with national standards for the industry and with agreements with bondholders. (d) The authority shall adopt regulations to determine the manner of selecting a qualified utility to operate a power project under a contract or lease when there is more than one wholesale power customer to be served directly by the power project. (e) When the authority permits a power project to be operated by a qualified utility under a contract or lease, the authority shall (1) review and approve the annual budget for the operation and maintenance of the power project; and (2) assure that the project is being operated efficiently and in a manner that is consistent with national standards for the industry and agreements with bondholders. Sec. 44.83.398. Sale of power from power project. [Repealed, § 13 ch 60 SLA 2000.] Sec. 44.83.400. Energy conservation. [Repealed, § 28 ch 18 SLA 1993.] Sec. 44.83.410. Appropriation for Railbelt energy development. [Repealed, § 317 ch 171 SLA 1984.] Sec. 44.83.420. Continuing appropriation for Bradley Lake hydroelectric project. [Repealed, § 318 ch 171 SLA 1984.] Sec. 44.83.425. Definitions. In AS 44.83.382 — 44.83.425, (1) “debt service” means the amounts covenanted with respect to, or pledged to pay, bonds under a trust agreement securing bonds; (2) “fund” means the power development fund established by AS 44.83.382 ; (3) “qualified utility” means an electric utility or an electric operating entity established as an instrumentality of two or more electric utilities certified under AS 42.05 to serve all or part of a market area that is served or will be served by the power project, that the authority determines is capable of operating and maintaining the power project. Article 5. Power Development Revolving Loan Fund. Sec. 44.83.500. Creation of fund. [Repealed, § 28 ch 18 SLA 1993.] Sec. 44.83.510. Powers and duties of authority in administering the fund. (a) Repayment of a loan from the former power development revolving loan fund must be made with the proceeds from the sale of power from projects in the former energy program for Alaska. (b) [Repealed, § 28 ch 18 SLA 1993.] Sec. 44.83.520. Loan terms. [Repealed, § 28 ch 18 SLA 1993.] Sec. 44.83.525. Rate reopeners. [Repealed, § 13 ch 60 SLA 2000.] Sec. 44.83.530. Definitions. In AS 44.83.500 — 44.83.530, (1) “fund” means the former power development revolving loan fund; and (2) “power project” means a project acquired or constructed under the former energy program for Alaska, AS 44.83.380 — 44.83.425. Secs. 44.83.600 — 44.83.650. Bulk fuel revolving loan fund. [Repealed, § 28 ch 18 SLA 1993. For present law, see AS 42.45.250 — 42.45.299.] Article 6. Railbelt Transmission Organization. Sec. 44.83.700. Railbelt Transmission Organization. (a) The Railbelt Transmission Organization is created for the purpose of establishing an open access transmission tariff that (1) provides for recovery of transmission costs and related ancillary services; and (2) replaces wholesale charges assessed by unit by each utility in the Railbelt with a new mechanism that fairly recovers and equitably allocates the costs of operating the backbone transmission system. (b) For administrative purposes, the transmission organization is a division of the Alaska Energy Authority. (c) To assist in administering the open access transmission tariff, the governance structure for the transmission organization must be made up of a representative from the authority, a representative from each Railbelt utility, and, as an ex officio nonvoting representative, the chief executive officer of the applicable electric reliability organization or the chief executive officer's designee. (d) Notwithstanding AS 42.05.711 (b) and AS 44.83.090 (b), the transmission organization is subject to the jurisdiction of the commission for the purposes of AS 44.83.700 — 44.83.720. The commission shall require the transmission organization to apply for a certificate under AS 42.05.221 and file tariffs to achieve the purposes of AS 44.83.700 — 44.83.720. Sec. 44.83.710. Revenue mechanism. (a) The transmission organization shall hold and administer a commission-approved nondiscriminatory open access transmission tariff for the backbone transmission system. (b) The transmission organization shall file with the commission a nondiscriminatory open access transmission tariff consistent with Federal Energy Regulatory Commission standards to remove impediments to competition in the wholesale bulk power marketplace in the state. If the transmission organization does not file a nondiscriminatory open access transmission tariff with the commission on or before July 1, 2025, the commission shall, after notice and opportunity for public comment, establish a nondiscriminatory open access transmission tariff consistent with this section. (c) The nondiscriminatory open access transmission tariff must, as approved by the commission, (1) pool backbone transmission system costs and allocate those costs through certificated load-serving entities on a coincident peak or load ratio share basis, or a combination of both; and (2) account for (A) required backbone transmission system ancillary services; (B) backbone transmission system congestion; (C) disruptions to the backbone transmission system that result in the isolation of one geographical area of the backbone transmission system from another for more than 24 hours; and (D) costs to own and operate the backbone transmission system, as established by the commission or by contract, including transmission costs associated with the Bradley Lake hydroelectric project. (d) A Railbelt utility shall pass the commission-approved transmission costs directly and transparently to the utility's customers. Sec. 44.83.720. Definitions. In AS 44.83.700 — 44.83.720, (1) “backbone transmission system” means the transmission assets in the Railbelt that facilitate the transmission of electrical power under the standards established by the Federal Energy Regulatory Commission; (2) “commission” means the Regulatory Commission of Alaska; (3) “Railbelt” means the geographic region from the Kenai Peninsula to Interior Alaska that is connected to a common electric transmission backbone; (4) “Railbelt utility” means a public electric utility certificated to operate in the Railbelt that operates backbone transmission system assets; (5) “transmission organization” means the Railbelt Transmission Organization established by AS 44.83.700 . Article 7. Miscellaneous and General Provisions. Sec. 44.83.900. Annual audit. The authority shall have its financial records audited annually by a certified public accountant. The legislative auditor may prescribe the form and content of the financial records of the authority and shall have access to these records at any time. Sec. 44.83.910. Limitations on issuance of bonds by the authority. The authority may not issue bonds except after 60 days notification of its intent to issue bonds is given to the governor and to the legislature, if the legislature is in session, or to the Legislative Budget and Audit Committee, if the legislature is not in session. Sec. 44.83.920. Insurance requirements in construction contracts. In requesting bids and awarding construction contracts under this chapter the authority may not require a contractor to obtain workers' compensation, general liability, or other required insurance from a particular insurer, agent, or broker and may not agree to provide insurance to a contractor who is awarded a construction contract. Sec. 44.83.930. Operation of projects. (a) When a project is operated by the authority, the authority shall enter into one or more contracts for the sale of electrical power, energy, transmission capacity, or service from the project. Unless the contract is entered into under former AS 44.83.380 — 44.83.425, a contract entered into under this section must meet all requirements of AS 44.83.090 . (b) [Repealed, § 27 ch 89 SLA 1983.] (c) [Repealed, § 92 ch 36 SLA 1990.] Sec. 44.83.940. Annual report. Before March 1 of each year, the authority shall submit to the governor a comprehensive report describing operations, income and expenditures for the preceding 12-month period. The authority shall notify the legislature that the report is available. Sec. 44.83.950. Appropriations and reports. (a) Notwithstanding any other provision in this chapter, the authority is subject to the provisions of AS 37.07 (Executive Budget Act). (b) The authority shall, by the 15th day of each regular legislative session, prepare a report detailing project status, original costs, and projected costs, particularly highlighting any costs in excess of the original cost estimates submitted for each project when that project was originally approved by the legislature. The authority shall notify the legislature that the report is available. Sec. 44.83.960. Long-term energy plan. [Repealed, § 16 ch 134 SLA 1990.] Sec. 44.83.970. Public records; open meetings. The provisions of AS 40.25.110 — 40.25.120 and AS 44.62.310 — 44.62.319 (Open Meetings Act) apply to the authority. The authority shall publish a proposed agenda of its meetings and afford the public an opportunity to be heard in accordance with AS 44.62.312 . Sec. 44.83.990. Definitions. In this chapter, unless the context requires otherwise, (1) “authority” means the Alaska Energy Authority established by this chapter; (2) “bonds” means bonds, notes, or other obligations of the authority issued under this chapter; (3) “feasibility study” (A) means a study conducted for the purpose of establishing the economic and environmental practicality of completing a proposed power project; (B) includes engineering and design work to meet the requirements for submission of a license application for a proposed new project to the Federal Energy Regulatory Commission; (4) “person” includes a public agency in addition to the entities set out in AS 01.10.060 (a)(8); (5) “power” includes any and all electrical energy generated, distributed, bought, or sold for purposes of lighting, heating, power, and every other useful purpose; (6) “power project” or “project” means a plant, works, system, or facility, together with related or necessary facilities and appurtenances, including a divided or undivided interest in or a right to the capacity of a power project or project, that is used or is useful for the purpose of (A) electrical or thermal energy production; (B) waste energy utilization and energy conservation; or (C) transmission, purchase, sale, exchange, and interchange of electrical or thermal energy, including district heating or interties; (7) “public agency” means any city or other municipal corporation, political subdivision, governmental unit, or public corporation created by or under the laws of this state or of another state of the United States, and any state or the United States, and any person, board, or other body declared by the laws of any state or the United States to be a department, agency, or instrumentality of them. Sec. 44.83.995. Short title. This chapter may be cited as the Alaska Energy Authority Act.