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HomeMy WebLinkAboutBPMC Special Meeting Thursday, Febuary 4, 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. tl6 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. Page 1 of 3 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. Page 2 of 3 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. 7. ADJOURNMENT Meeting adjourned at 10:30 a.m. ¢ rad Evaras, Chair BY: ATTEST: b, jaska Energy Authority, Secretary Page 3 of 3 BPMC Special Meeting February 4, 2010 FR ee e YIDEX /= ALASKA @@m_) ENERGY AUTHORITY + * Alaska Industrial Development and Export Authority BRADLEY LAKE PROJECT MANAGEMENT COMMITTEE SPECIAL MEETING VIA TELECONFERENCE AGENDA Thursday, February 4, 2010 — 10:00 a.m. (via electronic media at the Alaska Energy Authority’s Board Room — 813 West Northern Lights Boulevard, Anchorage, AK) a: CALL TO ORDER Evans 2: ROLL CALL (for Committee members) 3: PUBLIC ROLL CALL (for all others present) 4. PUBLIC COMMENT of AGENDA COMMENTS / MOTION FOR APPROVAL 6. LEGAL SERVICES Evans G ADJOURNMENT 813 West Northern Lights Boulevard * Anchorage, Alaska 99503-2495 www.aidea.org * 907/771-3000 * FAX 907/771-3044 ® Toll Free (Alaska Only) 888/300-8534 * www.akenergyauthority.org Bradley Lake PROJECT MANAGEMENT COMMITTEE MEETING wt ob (Date) AtcéA__hevdaw (Location) PLEASE SIGN IN No. NAME REPRESENTING 1 Mau © poate a 2 Hen Er Dy LE GVEA a Shaws Hace SEA 4 ami ni 6 —— z 8 9 10 11 12 13 | 14 15 16 17 18 19 20 [ 21 ue 22 92Q2\IT9884 BRADLEY PMC VOTING Que —"feetaan Ow. Gibson DATE: a/fJee! 0 Agenda Item No. aw BEMC Caownse (. YES NO ABS YES NO ABS YES NO ABS CITY OF SEWARD 01% MATANUSKA ELEC ASSOC — 14% - [LU CHUGACH ELEC ASSOC 30% (PAS HOMER ELEC ASSOC 12% PIE : : GOLDEN VAL ELEC Assoc 17% [aq MUNI LIGHT & POWER 26% Ze ALASKA ENERGY AUTHORITY | A=4+ OVER 51% B = AEA CONCUR With A ANI D = MAJORITY VOTING METHOD A: 3) Establishment of FY estimated annual 11) Determination of rules, procedures and payment obligation and schedule of each accounts necessary to manage project when Requiring four yeas with 51% of utilities, with no purchaser. no bonds outstanding. AEA vote: 4) Determination of annual project costs after 12) Evaluation and approval of optional project 1) Procedures for scheduling, production and each FY. work and compensation for such work. dispatch of project power. 5) Evaluation of necessity for and scheduling of 13) Application of insurance claims proceeds not 2) Establishment of procedures for use of each required project work. governed by bond resolution. purchaser's water allocation (AEA assent required for license requirements). 6) Determination of appropriate amount of 14) Approval of procedures and any individual insurance. utility agreements relating to electric power 3) Selection among alternative methods that do reserves for project. not involve AEA for funding required project 7) Adoption of additional minimum funding work. amounts for renewal and contingency reserve 15) Approval of consultants. fund above that required by bond resolution. VOTING METHOD B: VOTING METHOD C: Requiring 4 yeas with 51% of utilities and AEA concurrence: 1) Arranging operation and maintenance of project. 2) Adoption of budget of annual project costs. VOTE(93Q3/BC5272) 8) 9) Selection among alternate methods that involve AEA for funding required project work. Adoption or amendment of procedural committee rules (except dispute resolution). 10) Adoption of project maintenance schedules. Unanimous vote by all (including AEA) VOTING METHOD D: Majority vote (including AEA) Election of Officers Bradley Lake Project Mar~~-ment Committee Page | of 1 Home Go Back i ‘ . Public Notices Online Public Notice Bradley Lake Project Management State of Alaska Committee Submitted by: smhowell/08 Date Submitted: 01/27/2010 02:44 PM Date Modified: Ak Admin Journal: [not printed] Attachments: No files attached Bradley Lake Project Management Committee Category: Public Notices Department: Commerce Community & Economic Development Publish Date: 01/27/2010 Location: Anchorage Coastal District: N/A Body of Notice: ALASKA ENERGY AUTHORITY Regular Meeting - Teleconference Public Notice Bradley Lake Project Management Committee Notice is hereby given that the Bradley Lake Project Management Committee will hold a regular meeting (via teleconference) on Thursday, February 4, 2010 at 10:00 a.m. For additional information contact Brad Evans, Chairman. This meeting will be conducted by electronic media pursuant to AS 44.88.050(a) and AS 44.62.310 at the following location: Alaska Energy Authority Boardroom, 813 West Northern Lights Boulevard, Anchorage, Alaska; The public is invited to attend. The State of Alaska (AEA) complies with Title Il of the Americans with Disabilities Act of 1990. Disabled persons requiring special modifications to participate should contact AIDEA staff at (907) 771-3000 to make arrangements. Revision History: 01/27/2010 02:44:30 PM by smhowell/08/State/Alaska/US $$WebClient [Anon] Home Page Notices by: Department | Category | Publish Date http://notes4.state.ak.us/pn/pubnotic.nsf/cc52605f7¢ 156e7a8925672a0060a9 1 b/97253ac70... 1/27/2010 TiO Bry as CO trey Homer Electric Association, Inc. July 10, 2069 Steve Haagenson a Alaska Energy Authority ae 813 W. Northern Lights Blvd. Anchorage, AK 99503 RE: Bradley Lake Project Management Committee Mr. Haagenson: Please be advised that Homer Electric Association, Inc.°s (HEA) representatives for the Bradley Lake Project Management Committee will be Bradley P. Janorschke, as the voting member, and Harvey Ambrose as the alternate. Their contact information is as follows: aomea: Bradley P. Janorschke Harvey Ambrose (907) 283 2332 (907) 335-6210 djahorschke@hameretect hambrose@homerelee:rig.com 280 Airport Way. Kenai, AK 99014 2 irport Way, Kenai, AK 996!! Should you require additional information, please do not hesitate to contact me. Sincerely, Ze dal Bradley P. Ianorsclike General Manager ce; Bradley Lake Project Management Committee Harvey Ambrose Rick Baldwin \ Touchstone Energy Cooperative wr ’ : ) x Aold ' Hh Ab sck Sis ’ 1: é Fry pane thy shew op Wile iA cee i rio GVEA will Sedidear tHe ster cueih - Cow work our Cordlict fe intevest ps 5Ues. veal wa : Shy with Kir = [ard be fees Fd cgah cb oll dh. muy Coned tiem erd © /0:30 =| FT WTI Oa or ee ae ee) eee Te. ot 2 we ; wee Ur gor CITY OF SEWARD (puATANUsKA ELEC ASSOC CHUGACH ELEC ASSOC 0” HOMER ELEC ASSOC GOLDEN VAL ELEC ASSOC (o*Munz LIGHT & POWER (yo eises ENERGY AUTHORITY A=4+ OVER 51% Agenda Item No. 4 aa : ope BRADLEY PMC VOTING Ospede Berry? ore IN O/ FOr O wl bani wt” = a ie a 01% aie 7 14% [EL 30% BE 12% [REO 17% [eT E 26% a es B = AEA CONCUR With A C = UNANIMOUS D = MAJORITY VOTING METHOD A: Requiring four yeas with 51% of utilities, with no AEA vote: 1) Procedures for scheduling, production and dispatch of project power. 2) Establishment of procedures for use of each purchaser's water allocation (AEA assent required for license requirements). 3) Selection among alternative methods that do not involve AEA for funding required project work. VOTING METHOD B: Requiring 4 yeas with 51% of utilities and AEA concurrence: 1) Arranging operation and maintenance of project. 2) Adoption of budget of annual project costs. Care 3) Establishment of FY estimated annual payment obligation and schedule of each purchaser. 4) Determination of annual project costs after each FY. 5) Evaluation of necessity for and scheduling of required project work. 6) Determination of appropriate amount of insurance. 7) Adoption of additional minimum funding amounts for renewal and contingency reserve fund above that required by bond resolution. 8) Selection among alternate methods that involve AEA for funding required project work. 9) Adoption or amendment of procedural committee rules (except dispute resolution). 10) Adoption of project maintenance schedules. “Tw 11) Determination of rules, procedures and accounts necessary to manage project when no bonds outstanding. 12) Evaluation and approval of optional project work and compensation for such work. 13) Application of insurance claims proceeds not governed by bond resolution. 14) Approval of procedures and any individual utility agreements relating to electric power reserves for project. 15) Approval of consultants. YOTING METHOD C: Unanimous vote by all (including AEA) VOTING METHOD D: Majority vote (including AEA) Election of Officers Neer VOTE(93Q3/BC5272) Gaal February 2, 2010 Brad Evans, President Bradley Lake Project Management Committee 813 W Northern Lights Boulevard Anchorage, AK 99503-2495 Phone: (907) 771-4701 RE: Kirk Gibson’s Transition Dear Brad: We are writing to formally let you and the Bradley Lake Project Management Committee (BPMC) know that after many years at Ater Wynne LLP (Ater Wynne) I recently joined a new law firm - McDowell Rackner & Gibson PC (MR&G), The change is effective February 1, 2010, Ater Wynne and I will continue to work closely with the clients we share, and although my choice has been to leave Ater Wynne, they have honored the choice and we have been cooperating through all aspects of this transition. Know that throughout this process, our clients’ needs are of the utmost importance to us, and we have made every effort to assist our respective clients through the transition and ensure their legal needs are being served. BPMC has been a long-time client of Ater Wynne, and I have recently been your main attorney contact. As the client, BPMC has the choice of who it would like to represent it in the future, e.g., Ater Wynne, MR&G, or another firm. Importantly, both Ater Wynne and MR&G want to assure BPMC that its legal work will continue to receive the highest level of quality during any transition. To assist the BPMC’s evaluation, Ater Wynne and I have jointly prepared this letter. Ater Wynne proposes to use Joel Paisner as the key attorney for BPMC. Joel is the Chair of Ater Wynne’s Energy Practice and has worked extensively with the Four Dam Pool and the Southeast Alaska Energy Authority, A copy of Joel’s résumé is attached to this email. You can review additional information about Ater Wynne at www.aterwynne.com. I would very much like to continue to serve the legal needs of BPMC at my new firm MR&G. My résumé is attached, Please also see www.mcd-law.com for information on the capacity of MR&G. Regardless of which firm BPMC chooses to represent it in its legal matters, rest assured that both firms will cooperate to make sure the transition is seamless and transparent to BPMC. Our mutual goal is the BPMC’s satisfaction. Thank you. Please do not hesitate to contact me ((503) 290-3626) or Joel ((206) 753-3037) should you have any questions or need further information. Sincerely, MR&G Sa— By: Kivk Gibson Ater Wynte LDP ee ATERWYNNE up Professional Experience Ater Wynne LLP, Seattle, Washington, Partner, 2009 to present; Of Counsel 2001 to 2009. Western Integrated Networks, LLC (WINFIRST), Northwest Regional Vice President/General Manager, 2001 InterNAP Network Services, Inc., Counsel, 2000 Ater Wynne LLP, Seattle, Washington, Of Counsel, Partner, 1995 to 2000 Education William Mitchell College of Law, St. Paul, Minnesota, J.D., magna cum laude, 1986 University of Washington, B.A., 1981 Admitted to Practice Washington, 1986 Professional Activities Washington State Bar Federal Communications Bar Association Community Activities City of Lake Forest Park, Site Selection Committee Board of Directors, Temple Beth Am ATTORNEYS AT LAW Joel R. Paisner Shareholder 206-623-4711 jrp@aterwynne.com Joel Paisner chairs Ater Wynne's Energy Group and is active in the Business and Telecommunications Groups. He counsels utilities and electric cooperatives on issues related to the development, financing and operation of energy projects. Recently he successfully worked with an Alaska joint action agency to restructure itself, refinance and sell two hydroelectric projects. He also provided advice on the completion of a transmission line through the Tongass National Forest, completing one of the only Intertie lines in the State of Alaska. Joel also works with telecommunications carriers and wireless companies on strategic advice and representation regarding national deployment of facilities. He served as national counsel for a wireless local area network company, providing strategic advice and representation for the implementation of its network throughout North America. Joel's experience also includes real estate development, negotiating joint venture agreements, sales and licensing agreements, and capacity and bandwidth agreements. Joel began his career as a Senior Deputy Prosecuting Attorney for King County, Washington in the Civil Division. McDowell Rackner & Gibson pc @eee8 @ Kirk H. Gibson Attorney (503) 290-3626 kirk@mcd-law.com Kirk has over 25 years of experience advising business organizations and public entities on economic, strategic, legal, and regulatory policy issues. His practice focuses on advising energy clients, including electric and gas utilities, power producers, and oil pipeline operators, and he has handled major cases before public utility commissions in Alaska, Oregon, Nevada, and Washington. Legal Experience Kirk practiced with Ater Wynne LLP for fifteen years from 1995 to 2010. While at Ater Wynne, he was head of the firm’s energy practice. Prior to joining Ater Wynne, Kirk worked at Northwest Natural Gas Company and the Nevada Public Service Commission. Kirk was a financial analyst with Mobil prior to practicing law. Representative Work e Energy/Regulatory Counsel to Golden Valley Electric Association, Inc. (AK) e General Counsel to Columbia River People’s Utility District (OR) e Lead Counsel to Public Utility District No.1 of Jefferson County's acquisition of electric facilities of Puget Sound Energy (WA) ¢ Counsel to Western Electricity Coordinating Council Energy Counsel to Okanogan Public Utility District (WA) e Counsel to Idaho Power Company on wind power generation matters and transmission projects (OR/ID) Professional Activities e Member of Alaska, Florida, Oregon, Nevada, and Washington bars e Selected by his peers for inclusion in the Best Lawyers in America in Energy and Oil/Gas law ¢ Member of Barrow Polar Bear Club Education Kirk received his BS in Commerce from Rider College in 1975, his MBA from Boston College in 1977, and his JD from Franklin Pierce Law Center in 1984. Community Activities Kirk has served on the Board of Directors of several non-profit organizations including The Christie School and The Christie Foundation, where he was President of both Boards. Phone: 503.595.3922 * Fax: 503.595.3928 * www.mcd-law.com 520 SW Sixth Avenue, Suite 830, Portland, Oregon 97204 Bradley Lake Project Managem~~* Committee Page 1 of 1 Home Go Back . . F Public Notices Online Public Notice Bradley Lake Project Management State of Alaska Committee Submitted by: smhowell/08 Date Submitted: 01/27/2010 02:44 PM Date Modified: 01/28/2010 10:45:02 AM Ak Admin Journal: [not printed] Attachments: No files attached Bradley Lake Project Management Committee Category: Public Notices Department: Commerce Community & Economic Development Publish Date: 01/27/2010 Location: Anchorage Coastal District: N/A Body of Notice: ALASKA ENERGY AUTHORITY Special Meeting - Teleconference Public Notice Bradley Lake Project Management Committee Notice is hereby given that the Bradley Lake Project Management Committee will hold a special meeting on Thursday, February 4, 2010 at 10:00 a.m. via teleconference regarding Legal Services. For additional information contact Brad Evans, Chairman. This meeting will be conducted by electronic media pursuant to AS 44.88.050(a) and AS 44.62.310 at the following location: Alaska Energy Authority Boardroom, 813 West Northern Lights Boulevard, Anchorage, Alaska; The public is invited to attend. The State of Alaska (AEA) complies with Title Il of the Americans with Disabilities Act of 1990. Disabled persons requiring special modifications to participate should contact AEA staff at (907) 771- 3000 to make arrangements. Revision History: 01/27/2010 02:44:30 PM by smhowell/08/State/Alaska/US 01/27/2010 03:05:10 PM by smhowell/08/State/Alaska/US 01/28/2010 10:45:02 AM by smhowell/08/State/Alaska/US $$WebClient [Anon] Home Page Notices by: Department | Category | Publish Date http://notes4.state.ak.us/pn/pubnotic.nsf/cc52605f7c 156e7a8925672a0060a9 1b/97253ac70... 1/28/2010 Be Frere cepokeili Aedes) ps eta Vegeh wg Bost - oe Ai Nese RSS