HomeMy WebLinkAboutRes 1993-06 Dissolve AEA to DCRADATE:
TO:
FROM:
SUBJECT:
DEPARTMENT OF COMMUNITY AND
REGIONAL AFFAIRS
OFFICE OF THE COMMISSIONER
MEMORANDUM .
August 13, 1993
D I r i',o.""uA:O
WALTERJ. HICKEL, GOVERNOR
0 P.O. BOX 112100
JUNEAU, ALASKA 99811·2100
PHONE: (907) 465-4700
FAX: (907) 465-2948
0 333 W. 4TH AVENUE, SUfT"E 220
ANCHORAGE, ALASKA 99501-2341
PHONE: (907) 269-4500
FAX: (907) 269-4520
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Board of Directors of the Alaska Energy Authority W
Edgar Blatchford, Commissioner (91-(l, ~
Department of Community and Regional Affairs
Acceptance of the Alaska Energy Authority
The reorganization of the Alaska Energy Authority (AEA) is provided for in Chapter 18,
SLA 1993.
Effective the close of business on August 18, 1993, the Department of Community and
Regional Affairs (DCRA) accepts all power, duties and responsibilities of the AEA as
provided in Chapter 18, SLA 1993, and further delegates those powers, duties and
responsibilities to the Director of the Division of Energy, DCRA, as necessary to assure
uninterrupted operations of the new Division.
Those power, duties and responsibilities remaining with AEA under Alaska Industrial
Development and Export Authority (AIDEA) and its Board of Directors generally relate
to the issuance of revenue bonds for power transmission interties and those other
responsibilities as are specifically provided in Chapter 18, SLA 1993 as follows,
Amended Sections 44.83.030
44.83.040
44.83.070
44.83.080
44.83.090
44.83.110
44.83.384
Sections 29 through 38.
44.83.388
44.83.396
44.83.398
44.83.510
44.83.530
44.83.930
44.88.105
44.88.155
In the interests of promoting an orderly transition DCRA assures its cooperation in the
division of assets, duties and responsibilities related to the powers and duties as
provided in Chapter 18, SLA 1993.
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DEPARTMENT OF COMMUNITY AND
REGIONAL AFFAIRS
OFFICE OF THE COMMISSIONER
MEMORANDUM
DATE: August 31, 1993
TO: Riley Snell, Executive Director
Alaska Industrial D·~eve.lf~ment and Exp01t Authority
FROM: Don Ranis, Directo · L ""-/! / /. .• lA
Division of Energy· ~~,4?VVV
SUBJECT: Memorandum of Understanding
WALTERJ. HICKEL, GOVERNOR
0 P.O. BOX 112100
JUNEAU, ALASKA 99811·2100
PHONE: (907) 465-4700
FAX: (907) 465-2948
0 333 W. 4TH AVENUE, SUfTE 220
ANCHORAGE, ALASKA 99501·2341
PHONE: {907} 2694500
FAX: (907) 269-4520
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Enclosed please find two original revised Memorandmns of
Understanding that address duties transfened to the Depattment of
Community and Regional Affairs, Division of Energy, from the Alaska
Energy Authority, by Chapter 18 SLA 1993.
93Q3/AH5327(1)
If you are in agreement with this Memorandum of Understanding, please
sign both, retain one original for your files and retum one original to me.
Thank you.
P.O. Box 190869, Anchorage, AK 99519-0869
Page I of!
{/}) printed on recyclr:d paper 11 y C. I)
MEMORANDUM OF UNDERSTANDING
Effective the close of business August 18, 1993, the Department of Community and
Regional Affairs (DCRA), Division of Energy (DE) accepted responsibility for Alaska
Energy Authority (AEA) duties transfened to that agency by Chapter 18 SLA 1993, as
outlined in the August 13, 1993, letter to the AEA Board of Directors.
The purpose of this Memorandum is to:
o Designate persons responsible for overseeing the orderly transition of functions
from AEA to DCRA.
0 Identify the staffmg requirements of AEA and DCRA to accomplish the transition.
0 Designate August 31, 1993, as the financial reporting cutoff date for the programs
assumed by DCRA.
Communications
Steve Wells of DCRA and Dan Beardsley of AEA are designated as the persons
responsible for overseeing the orderly transition of functions intended by Chapter 18 SLA
1993. These persons will receive and act on all interagency requests and communications
necessary to accomplish the transition.
Staff Requirements
The positions that have been identified as required by AEA after transition are shown on
Attachment I. The Attachment shows AEA permanent staff and transition staff. The
transition staffs dmation of employment with AEA may be terminated with 30 days
notice and is not expected to extend beyond December 31, 1993, except as deemed
necessary by the AEA Executive Director. Persons employed by AEA before August 12,
1993, not identified on Attachment I will report to DCRA/DE effective August 19, 1993.
Attachment II shows AEA employees who will be assigned to DCRA/DE but whose
services may be required by AEA. The DCRA/DE staff identified on Attachment II may
continue to perform AEA functions as assigned before August 12, 1993, ensuring that
there is no intenuption in service while AEA and DCRA prepare for separate operations.
There may be a realignment of duties of both AEA and DCRA/DE staff as AEA and
DCRA/DE staff are reassigned. DCRA/DE will not remove an individual listed on
Attachment II from supporting the reorganization of AEA without notifying
93Q3/AH5327(1) Page I of2
Dan Beardsley and will obtain the approval of the AEA Executive Director before the
action is taken.
Financial Cutoff
All revenues and expenditures related to the programs assumed by DCRA will be
included in AEA's financial reporting through August 31, 1993. All subsequent activity
will be excluded from AEA financial statements. As a result of the transfers of functions,
cettain setvices may require funding transfers to and between AEA and DCRA. These
transfers may be accomplished using a Reimbursable Services Agreement (RSA).
However, until that can be accomplished, operations will continue under the accounting
system in effect before August 12, 1993.
This Memorandum provides only for the temporaty delegation of supervismy power over
AEA employees to DCRAIDE. The Memorandum does not delegate statutmy powers or
duties exercised by the employees. Any non ministerial act by an AEA employee under
the supervision of DCRA relating to an AEA function to be retained by AEA under the
reorganization granted in Chapter 18 SLA 1993, must be reviewed and approved by AEA
management. DCRA will notify Dan Beardsley of the action to be taken and Beardsley
will obtain the necessaty review and approval by responsible AEA officers.
Donald HaiTis, Director
Dept. of Community & Regional Affairs,
Division of Energy
Date: ~~ ~ /993
William R. Snell, Executive Director
Alaska Energy Authority
93Q3/AH5327(2) Page 2 of2
Permanent:
Transition:
ATTACHMENT I
Stan Sieczkowski (PCN 425)
Dave Eberle (PCN 402)
DeAnna Scott (PCN 482)
Larry Wolf (PCN 485)
Tom Arminski (PGN 449)
Bill Sobolesky (PCN 453)
John Zidalis (PCN 487)
Richard Turner (PCN 429)
John Sherlock (PGN 430)
Russ Hansen (PCN 431)
Sharon Hansen (PCN 422)
Remy Williams (PCN 428)
\
A T T A C H M E N T II
Department of Community & Regional Affairs -Staff to be shared with the
Alaska Energy Authority
Brent Petrie (PCN 405)
Denise Burger (PCN 432)
Afzal Khan (PCN 433)
Richard Lammers (PCN 440)
Gloria Manni (PCN 406)
Han Choe (PGN 493)
Bruce Holmes (PCN 437)
Lisa Vaughn (PCN 454)
Kristi Acuff (PGN 458)
Joe Spears (PCN 415)
Roger Waer (PCN 463)
Janet Hansen (PCN 413)
Suzi Bailey (PCN 459)
Cheryl Jean Keylor (PCN 488)
Cynthia Jones (PCN 474)
Eric Marchegiani (PCN 443)
Barbara Macy (PCN 412)
Brett Wilbanks (PGN 424)
'
Resolution 1984-3
RESOLUTION OF THE ALASKA POHER AUTHOR lTV A~1ENO I NG THE BY -LAWS OF THE
AUTHORITY TO AUTHORIZE THE EXECUTIVE DIRECTOR OR DESIGNEE TO ENTER INTO
ANY CONTRACT OR EXECUTE AND DELIVER ANY INSTRUMENT IN THE NAME AND ON
BEHALF OF THE POWER AUTHORITY.
Whereas the State of Alaska Statutes d4.83.080 provide for the authority
of the Alaska Power Authority to enter into Contracts;
THEREFORE, BE IT RESOLVED:
A. That Article VII Section I of the By-laws shall be amended to read
as follows:
Section 1. Contracts. The Board may authorize the Executive
Director or designee to enter into any contract or execute and
deliver any instrument in the name and on behalf of the Authority,
and his authority to do so may be general or confined to specific
instances.
B. Subject to Board project and/or program approval and the funding
limitations thereto, the Executive Director or designee is
authorized to sign any instrument, change order and/or amendment
thereto necessary to conduct the business of the Power Authority in
conjunction with such project and/or program.
THEREFORE, this resolution, having been submitted to a vote, the vote
thereon as follows:
YEAS:Heath, McDowell, Arnold, Lyon
NAYS: Allison
ABSENT:Nunn, Hufman
And the resolution was declared adopted on this, the 22nd day of
February , 1984. /\ ----
ijfi ___
Cha i rrnan
ATTEST:
1506/128
ALASKA ENERGY AU1HORITY
RESOLUITON NO. 1993-06
RESOLUITON OF TilE ALASKA ENERGY AU1HORITY RELATING TO
REORGANIZATION OF TilE AU1HORITY.
Recitals
A. The enactment of Chapter 18, SLA 1993 provided for the reorganization of the
Alaska Energy Authority (AEA). Chapter 18, SLA 1993 took effect on August 11, 1993.
Under the reorganization, the board of directors of the Alaska fudustrial Development and
Export Authority (AIDEA) becomes the board of directors of AEA Under Chapter 18, SLA
1993, functions of AEA relating to rural areas of the state will be transferred to and exercised
by the Department of Community and Regional Affairs (DCRA). The functions of the AEA
remaining with AIDEA will be limited to operating and managing existing projects and
facilities and to financing projects or facilities.
B. Although Chapter 18, SLA 1993 became effective on August 11, 1993, AIDEA,
AEA and DCRA are not ready to completely transfer and receive the various functions
assigned by law to those agencies. The process of separating the functions of AEA and
reassigning employees to other agencies is complex and time consuming.
C. Section 38 of Chapter 18, SLA 1993 grants sufficient power to extend the operative
effect of former law prescribing the powers and duties of AEA beyond August 11, 1993 if to
do so would allow for an orderly transition of functions between agencies.
NOW THEREFORE BE IT RESOLVED BY TilE BOARD OF DIRECIORS OF TilE
ALASKA ENERGY AU1HORITY AS FOLLOWS:
Section 1. The members of the board of directors of the Alaska Industrial Development
and Expmt Authority (AIDEA) recognize the provisions of Chapter 18, SLA 1993
establishing them as members of the board of directors of the Alaska Energy Authority (AEA)
and accept office as the board of directors of AEA The chair and vice chair of AIDEA shall
serve as chair and vice chair of the board of directors of AEA.
Section 2. fu the interests of promoting an orderly transition of functions as required by
Chapter 18, SLA 1993, AEA will, notwithstanding the effective date of that Act, retain
authority over the AEA programs transferred to the Department of Community and Regional
Affairs (DCRA) until DCRA certifies that it is ready to accept the programs, or December 31,
1993, whichever occurs first.
Section 3. The AEA By-laws of January 1993 are continued in effect as the By-laws of
AEA, except for Article II, Sections 1, 11 and 14 which are repealed. The executive Director
shall review the By-laws of the AEA and, as soon as practicable, propose revisions to make
them consistent with AIDEA By-laws and the provisions of Chapter 18, SLA 1993.
Alaska Energy Authority
Resolution 1993-06
Page Two
Section 4. The executive Director of AlDEA is appointed as the executive director and
secretary-treasurer of the Board and Valorie F. Walker is appointed assistant secretary of
AEA. The AEA staff and the staff of the AlDEA will, subject to the requirements of
maintaining an orderly transition and separate cotporate identities, be merged into a single
staff for the cotporations. The executive director is authorized to execute all checks, drafts, or
other orders for the payment of money necessary to conduct the usual and customary business
of AEA. The executive director may, subject to board approval, select financial institutions
for the safekeeping and deposits of AEA money.
Section 5. The executive director is authorized to employ additional temporary or
permanent staff necessary to prudently exercise the functions of AEA.
Section 6. The executive director shall undertake a review of the functions of AEA as
they relate to the functions of AIDEA and made recommendations to the board concerning:
(a) the organization of AEA during and after the reorganization required by Chapter
18, SLA 1993;
(b) action necessary to preserve the separate cotporate identities of AlDEA and
AEA;
(c) action necessary to comply with the changes in the mission of AEA required by
the enactment of Chapter 18, SLA 1993; and
(d) proposed legislation needed to cure any defects or omissions from the
provisions of Chapter 18, SLA 1993.
Section 7. This resolution takes effect immediately.
ALASKA ENERGY AUIHORITY
ATTEST
By'&lmiZsJ
Secretary