Best Interest Decision Affirmed – Alaska Energy Authority Term Utility Easement – Sterling / MHT 9200762

Action:  Adopt the Best Interest Decision dated August 11, 2020 regarding the above referenced temporary disposal as final, without modification. This decision document, combined with the Best Interest Decision dated August 11, 2020, constitutes the final decision on this matter, in accordance with 11 AAC 99.040.

Notice under 11 AAC 99.050:  The Trust Land Office published the public notice of the decision to issue a thirty-year (30) term utility easement authorizing existing 115kv transmission line near Sterling to facilitate the transfer of ownership from Homer Electric Association (authorized under ADL 38269) to Alaska Energy Authority in the Kenai Peninsula Clarion, on the State of Alaska’s online public notice website, and distributed the notice to the Kenai Peninsula Borough, the Alaska Mental Health Trust Authority, and other interested public and private parties on August 16, 2020.

Summary of Comments:  No public comments were received.

Trust Authority Consultation:  The Alaska Mental Health Trust Authority was consulted on this matter on August 11, 2020.

Modifications:  As no comments were received suggesting that the Best Interest Decision dated August 11, 2020 should be substantively modified in any way to better serve the interest of the Trust and its beneficiaries, the Executive Director has determined that no change shall be made to that document.

Final Decision of the Executive Director:  Considering all of the above, the Executive Director of the Trust Land Office hereby adopts the Best Interest Decision dated August 11, 2020 as final.

Reconsideration:  Persons who submitted timely written comments during the notice period that ended September 16, 2020, are eligible to request reconsideration of this final best interest decision under 11 AAC 99.060(b) within 20 calendar days after publication of the notice or receipt of the final decision, whichever is earlier. A request for reconsideration must be submitted in writing to the Executive Director. This request must be accompanied by the fee established by the Executive Director under 11 AAC 99.130, which has been set at $500, to be eligible for reconsideration. Before filing an appeal to the Superior Court under AS 44.62.560, a person must be eligible to request and must actually request reconsideration within the time specified above.

The Executive Director shall order or deny reconsideration within 20 calendar days after receiving the written request for reconsideration. If the Executive Director takes no action during the 20-day period following the request, the request is considered denied.  Denial of a request for reconsideration is the final administrative decision for purposes of appeal to the superior court under AS 44.62.560.

To review the full Best Interest Decision Affirmed, click the below link:

MHT 9200762 Best Interest Decision Affirmed