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Neutral Court Opinion May 06, 2026

Municipality of Anchorage, formerly d/b/a Municipal Light & Power Department v. State of Alaska, Department of Revenue

── Municipality of Anchorage, formerly d/b/a Municipal Light & Power Department v. State of Alaska, Department of Revenue ── Court: Alaska Supreme Court Date: April 17, 2026 Category: General Notice: This opinion is subject to correction before publication in the PACIFIC REPORTER. Readers are requested to bring errors to the attention of the Clerk of the Appellate Courts, 303 K Street, Anchorage, Alaska 99501, phone (907) 264-0608, fax (907) 264-0878, email [email protected]. THE SUPREME COURT OF THE STATE OF ALASKA MUNICIPALITY OF ANCHORAGE, ) ) formerly d/b/a Municipal Light & Supreme Court No. S-18923 Power Department, ) ) Superior Court No. 3AN-21-07457 CI Appellant, ) ) OPINION v. ) ) No. 7807 – April 17, 2026 STATE OF ALASKA, DEPARTMENT ) OF REVENUE, ) ) Appellee. ) ) Appeal from the Superior Court of the State of Alaska, Third Judicial District, Anchorage, Kevin M. Saxby, Judge. Appearances: Dean D. Thompson and Paul J. Jones, Kemppel, Huffman and Ellis, P.C., Anchorage, for Appellant. Mary Hunter Gramling, Chief Assistant Attorney General, and Treg Taylor, Attorney General, Juneau, for Appellee. Before: Carney, Chief Justice, and Borghesan, Henderson, and Pate, Justices. [Oravec, Justice, not participating] BORGHESAN, Justice. INTRODUCTION This appeal involves a dispute over how to calculate tax credits for the Municipality of Anchorage’s production of natural gas. Alaska law taxes the production of natural gas, while also allowing gas producers to claim tax credits based on the costs of producing that gas. The law’s formula for calculating tax credits entails subtracting certain production costs from the amount of taxable gas produced. The law defines what gas is taxable for purposes of this scheme. The tax credits are intended to create incentives for gas producers to invest in producing more gas. When the dispute began, the Municipality owned one-third of a natural gas field in Cook Inlet. It used most of that gas to make electricity for its residents, selling only small amounts to third parties. A law specific to municipal governments provided that the Municipality had to pay production taxes on only the amount of gas it sold to others yet was eligible for tax credits “to the same extent as any other producer.” When the Municipality applied for tax credits, it calculated them based on costs for producing all of its gas against the very small amount of gas it actually paid taxes on. This calculation yielded sizeable tax credits. The Department of Revenue rejected this calculation. It took the position that the tax credit calculation should be based on the value of all the gas it produced, which met the statutory definition of taxable, even though most of this gas was not actually taxed under the special rule for municipalities. Therefore, it awarded the Municipality tax credits in far smaller amounts than the Municipality had claimed. The superior court affirmed the Department’s decision. The Municipality appealed to us. The dispute boils down to what the legislature meant when providing that municipal gas producers are eligible for tax credits “to the same extent as any other producer.” We conclude that the legislature meant for a municipal gas producer’s tax credits to be calculated according to the value of gas that the tax credit statutes define as taxable, rather than according to the value of gas that is actually taxed under the special rule that applies only to municipal producers. Although the statutory text is ambiguous, the legislative history supports this interpretation, and it is more consist
CourtListener · Apr 17, 2026
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