HomeMy WebLinkAboutBradley Lake PMC Special Meeting Minutes 02-04-2010BRADLEY LAKE PROJECT MANAGEMENT COMMITTEE MEETING MINUTES
SPECIAL MEETING
(via teleconference @ Alaska Energy Authority Board Room)
Anchorage, Alaska
[Due to technical difficulties audio not available for this meeting]
February 4, 2010 at 10:00 a.m.
A: CALL TO ORDER
Chair Evans called the special meeting of the Bradley Lake Hydroelectric Project Management
Committee to order at 10:04 a.m. on Thursday, February 4, 2010, from the Alaska Energy
Authority Boardroom, Anchorage, Alaska, to conduct the business of the Committee per the
agenda and public notice.
2. ROLL CALL
Roll was called by May Clark. The following members were present:
Brad Evans Chugach Electric Association (teleconference)
Harvey Ambrose Homer Electric Association (teleconference)
Brian Newton Golden Valley Electric Association (teleconference)
Jim Posey Anchorage Municipal Light and Power
James Hemsath Alaska Energy Authority (teleconference)
Joe Griffith Matanuska Electric Association (teleconference)
John Foutz City of Seward (teleconference)
3. PUBLIC ROLL CALL
May Clark, AEA
Shauna Howell, AEA
Linda MacMillan, AEA
Shelby Weems, AEA
Jim Strandberg, AEA
Henri Dale, GVEA
Don Zoerb, MEA (teleconference)
Jim Walker, MEA (teleconference)
Rick Miller, AML&P
Bob Day, HEA (teleconference)
Jim Kingrey, HEA (teleconference)
John Foutz, City of Seward (teleconference)
Kirk Gibson, McDowell Rackner & Gibson (teleconference)
4. PUBLIC COMMENT
There were no public comments.
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BPMC Special Meeting February 4, 2010
5. AGENDA COMMENTS / MOTION FOR APPROVAL
There were no agenda comments. The agenda was approved as presented.
6. LEGAL SERVICES
Chair Evans asked if everyone had a copy of the February 2, 2010 letter from Kirk Gibson
regarding Mr. Gibson’s transition to the new law firm of McDowell Rackner & Gibson and
opened up the meeting for discussion, stating the issue is whether the group wishes to retain
Mr. Gibson and the new firm as counsel to the BPMC. He stated that Mr. Gibson would join the
meeting after the Committee’s initial discussion.
Mr. Newton stated Mr. Gibson will continue to represent GVEA at his new firm. Chair Evans
would prefer to retain Mr. Gibson as he’s familiar with the issues and has been with the BPMC
for a long time. Mr. Posey agreed and stated that it’s critical that consistency is important, had
nothing against AterWynne and that perhaps in a couple of years they could revisit this issue or
if something occurred in the meantime where they had to seek new counsel. Mr. Foutz inquired
as to what AterWynne’s history was with the BPMC and how long they had been counsel. Chair
Evans stated he couldn’t remember and that it had been a long time. Mr. Posey stated that
AterWynne had put it all together and Mr. Gibson has been the BPMC primary counsel since
day one, which Mr. Griffith agreed. Mr. Griffith also remarked that he was concerned about
AterWynne’s conflict of interest with the Saxton issue and that they never excused themselves
from that matter. He also wanted to know to what extent Mr. Gibson’s FERC experience was,
as that is important to the BPMC.
Chair Evans asked if anyone had a conflict with retaining Mr. Gibson. Mr. Newton said GVEA
did not. Chair Evans stated there had never been an issue and could not remember a specific
negative example and recommended retaining Mr. Gibson and letting him finish out his term
and perhaps consider new counsel at a later time. Mr. Posey stated ML&P had no real
conflicts, but was concerned that AterWynne showed up as a conflict between GVEA and MEA,
but noted that AterWynne always offered to stand down if there was a conflict. He said there
are not enough firms practicing that would know the Bradley Lake project well enough. Mr.
Griffith asked about GRETC and BPMC management possible conflict and Mr. Newton stated
GVEA would stand down and use other counsel if necessary. Chair Evans stated if the
Committee couldn't resolve this issue, they would have to change counsel and agreed with Mr.
Posey. Mr. Newton stated he would gladly stay with Mr. Gibson though he was not opposed to
change. Chair Evans stated the Committee does not know who the new counsel would be from
AterWynne and that we should evaluate it if neutral representation came up, but noted Mr.
Gibson has the history with the Committee. Mr. Griffith stated we should stay with Mr. Gibson
as he has the knowledge of the current FERC issues. Mr. Day supported retaining Mr. Gibson.
Chair Evans stated an action item to the agenda would need to be added.
Motion: Mr. Griffith moved that the BPMC accept an amended agenda that would
include the motion to retain Mr. Gibson as counsel. Seconded by Mr.
Posey.
Mr. Newton wanted to know the Committee’s knowledge of the new firm and would there be the
same amount of support personnel available to the BPMC. Chair Evans stated Mr. Gibson took
some energy support people with him to the new firm, but that he would have to address those
questions himself, and that Mr. Gibson would join the teleconference shortly.
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BPMC Special Meeting February 4, 2010
Motion: Mr. Griffith moved that the BPMC retain Mr. Gibson as counsel. Seconded
by Mr. Posey.
A roll call vote was taken:
City of Seward Yes
Matanuska Electric Association: Yes
Chugach Electric Association: Yes
Homer Electric Association: Yes
Golden Valley Electric Association: Yes
Municipal Light & Power: Yes
Alaska Energy Authority: Yes
The motion unanimously passed.
[Mr. Gibson joined the meeting by teleconference at 10:25 a.m. and answered questions.]
He stated the FERC capability would be better than before, that they would handle all the local
hydro issues in-house, but would continue to handle hearings, etc. through DC attorneys.
Mr. Dale asked that he clarify when using the term “we” that he was referring to AterWynne.
Mr. Gibson also stated there are seven on staff at the new firm, and suggested everyone visit
their website. He stated they brought Bill Prentice over from AterWynne who has 25 plus years’
experience and that they could be another large West Coast firm specializing in energy and
public utility issues. Currently, they are working on two matters for the BPMC, the FAA camera
issue and the FERC land use fee issue.
There were no further questions of Mr. Gibson.
Chair Evans stated that if anyone wanted to suggest agenda items for the next meeting, they
could do so now. There were none.
Chair Evans stated he would correspond with Mr. Gibson and with AterWynne and inform them
of the actions taken at the meeting.
ts ADJOURNMENT
Meeting adjourned at 10:30 a.m.
BY:
Brad Evans, Chair
ATTEST:
Alaska Energy Authority, Secretary
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BPMC Special Meeting February 4, 2010