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HomeMy WebLinkAboutAEA Board Meeting March 29 2005Alaska industriai Development and Export Authority im Alaska Energy Authority 10. AGENDA ALASKA ENERGY AUTHORITY Board of Directors March 29,2005 Anchorage and Juneau,Alaska CALL TO ORDER BOARD OF DIRECTORS ROLL CALL PUBLIC ROLL CALL PUBLIC COMMENTS PRIOR MINUTES -January 5,2005 OLD BUSINESS NEW BUSINESS A.AEA Regulatory Amendment,Resolution No.2005-02 Authority to Decide Procurement Protests,Resolution No.2005-03 DIRECTOR COMMENTS A.Director's Status Report of AEA Programs and Projects B.Next Meeting Date -Follows AIDEA Board meeting Dates BOARD COMMENTS ADJOURNMENT 813 West Northern Lights Boulevard *Anchorage,Alaska 99503 907 /269-3000 *FAX 907 /269-3044 *Toll Free (ALASKA ONLY)888 /300-8534 *www.aidea.org Alaska Industrial Development and Export Authority Alaska Energy Authority ALASKA ENERGY AUTHORITY BOARD OF DIRECTORS March 29,2005,@ 10:55 a.m. Anchorage and Juneau,Alaska 1.CALL TO ORDER Chairman Barry called the meeting of the Alaska Energy Authority to order on March 29,2005,at 10:55 a.m.A quorum was established. 2.BOARD OF DIRECTORS ROLL CALL Directors present in Anchorage:Mr.Mike Barry (Chairman/Public Member). Directors present in Juneau:Deputy Commissioner Tom Boutin (Designee for the Department of Revenue),Commissioner Mike Barton (Department of Transportation and Public Facilities),and Mr.John Winther (Public Member). 3.PUBLIC ROLL CALL Staff present in Anchorage:Ronald W.Miller (Executive Director),James A.McMillan (Deputy Director-Credit &Business Development),Valorie Walker (Deputy Director-Finance),Brenda J. Fuglestad (Administrative Manager),Becky Gay (Project Manager),Mike Harper (Deputy Director- Rural Energy),Chris Rutz (Procurement Manager),and Art Copoulos (Project Manager). Others attending in Anchorage:Brian Bjorkquist and Mike Mitchell (Department of Law),Ken Vassar (Birch,Horton,Bittner &Cherot),and Margie Bauman (Alaska Journal of Commerce). 4.PUBLIC COMMENTS There were no public comments. 5.PRIOR MINUTES The January 5,2005 AEA board minutes and January 21,2005 joint AIDEA and AEA board minutes were approved as presented. 6.OLD BUSINESS There was no old business. 813 West Northern Lights Boulevard *Anchorage,Alaska 99503 QN7 /VEQ_ANNN @ FAY ANT /IEQ_IANAA e@ Toll Fran (Al ACKA NITV)RRR /ANN_LRAAA @ sansa aidasa ara AEA Board Meeting March 29,2005 Meeting Minutes Page 2 7.NEW BUSINESS 7A.-Resolution No.2005-02,Resolution of the Alaska Energy Authority Relating to the Adoption of an Amendment to the Authority's Regulations,Addressing Protests Mr.Miller stated that the Board previously adopted AEA regulatory amendments via Resolution No.2005-01.This resolution directed the Executive Director to finalize the relevant regulatory amendments and to file those amendments with the Lieutenant Governor.During that filing process,the Department of Law's regulations attorney requested that we modify the proposed regulation covering procurement protests and appeals.This modification structures the procurement appeal process to more accurately reflect statutory authority that final decision- making of AEA procurement protests rest with the Board and the Board may delegate that authority to the Executive Director.Mr.Mitchell also stated that the matter could then be referred to a mediator or arbitrator for resolution.Mr.Miller and Mitchell briefly reviewed the amended regulations for the Board and referred them to their packet for detailed information. In response to Board questions,Mr.Rutz stated that the procurements that would be contemplated under this resolution are only those procurements that would not fall under AS 36.30.An example would be the procurement that AEA performs on behalf of local communities for building powerhouse projects and bulk fuel tank farms where AEA is acting as an agent of the grantee and is procuring things for the grantee not AEA.The funding for these grants come from the Denali Commission and there are federal requirements that AEA is obligated to follow.This resolution would handle claims and disputes that are outside the purview of AS 36.30.This change would allow these disputes to be taken care of through a mediator or arbitrator without going to court. In response to Board questions,Mr.Rutz stated this would not include bulk fuel purchases,just the facilities. Staff recommended approval of Resolution No.2005-02. MOTION:Commissioner Barton moved to approve Resolution No.2005-02.Seconded by Mr.Winther.There being no further discussion,the question was called.A roll call vote was taken and the motion passed with Messrs.Boutin,Barry,Barton,and Winther voting yea (Commissioner Blatchford was absent). Resolution No.2005-03,Resolution of the Alaska Energy Authority Delegating to the Executive Director the Authority to Decide Procurement Protests Mr.Miller stated Resolution No.2005-03 delegates to the Executive Director the authority to make final decisions on protests of AEA procurements up to $250,000 that are not subject to AS 36.30,State Procurement code.The dollar limitation is not required,but staff recommended the limit as a reasonable "ceiling”above which the Board should have input. Staff recommended approval of Resolution No.2005-03. In response to Board questions,Mr.Miller stated the $250,000 number was chosen as it seemed to be a reasonable ceiling. MOTION:Commissioner Barton moved to approve Resolution No.2005-03.Seconded by Mr.Winther.There being no further discussion,the question was called.A roll call AEA Board Meeting March 29,2005 Meeting Minutes Page 3 vote was taken and the motion passed with Messrs.Boutin,Barry,Barton,and Winther voting yea (Commissioner Blatchford was absent). 8A.DIRECTORS COMMENTS Mr.Miller stated that staff has been very active in providing support for the Governor's Rural Energy Action Council.The report for this council is due out on April 15,2005. 8B.NEXT MEETING DATES Chairman Barry stated the next board meeting would be held in conjunction with the AIDEA board meeting. 9.|BOARD COMMENTS There were no board comments. 10.ADJOURNMENT Chairman Barry adjourned the meeting at 11:08 a.m. -hue Ron Miller,Secretary Aiaske wicusuial Development anc.Expon Authority Alaska Energy Authority ALASKA ENERGY AUTHORITY BOARD OF DIRECTORS January 5,2005,@ 10:16 a.m. Anchorage and Juneau,Alaska 1.CALL TO ORDER Chairman Barry called the meeting of the Alaska Energy Authority to order on January 5,2005,at 10:16 a.m.A quorum was established. 2.BOARD OF DIRECTORS ROLL CALL Directors present in Anchorage:Mr.Mike Barry (Chairman/Public Member),Commissioner Edgar Blatchford (Department of Commerce,Community and Economic Development),and Commissioner Mike Barton (Department of Transportation and Public Facilities). Directors present in Juneau:Deputy Commissioner Tom Boutin (Designee for the Department of Revenue). 3.PUBLIC ROLL CALL Staff present in Anchorage:Ronald W.Miller (Executive Director),James A.McMillan (Deputy Director-Credit &Business Development),Valorie F.Walker (Deputy Director-Finance),Mike Harper (Deputy Director-Rural Energy),Leona Hakala (Loan Officer),Becky Gay (Project Manager),and Brenda J.Fuglestad (Administrative Manager). Others attending in Anchorage:Brian Bjorkquist and Mike Mitchell (Department of Law),and Jan Sieberts (Washington Capital). 4.PUBLIC COMMENTS | There were no public comments. 5.PRIOR MINUTES The November 9,2004 board minutes were approved as presented. 6.OLD BUSINESS There was no old business. 813 West Northern Lights Boulevard *Anchorage,Alaska 99503 ane PATER ANNA Pan nn INEN NN A LTE FA A OIZA FRRTINI OND FANN OPNA www tianlian new AEA Board Meeting January 5,2005 Meeting Minutes Page 2 7.NEW BUSINESS 7A.Resolution No.2005-01,A Resolution of the Alaska Energy Authority Relating to the Adoption of the Amendments to the Authority's Regulations Mr.Miller stated that the amended regulations implement changes with regard to portions of the administrative provisions,loan programs,grant programs and financial and technical assistance for energy systems,facilities,and equipment.He briefly reviewed the amended regulations for the Board.He referred the Board to their packet for detailed information. He stated staff received three written comments on the proposed regulations.The Legislative Affairs Agency included technical suggestions with their comments,which staff has incorporated into the amended regulations.The other two written comments were from citizens and were of a general nature speaking in favor of the Power Cost Equalization Program. Staff recommended approval of Resolution No.2005-01. MOTION:Commissioner Biatchford moved to approve Resolution No.2005-01. Seconded by Commissioner Barton.There being no discussion,the question was called. A roll call vote was taken and the motion passed with Messrs.Boutin,Barry,Barton, Blatchford,voting yea. 8A..DIRECTORS COMMENTS There were no directors comments. 8B.NEXT MEETING DATES Chairman Barry stated the next board meeting would be held January 21,2005 at 10:00 a.m.in conjunction with the AIDEA board meeting. 9.BOARD COMMENTS Chairman Barry stated the next meeting would address Energy Task Force issues particularly as it pertains to state owned railbelt energy assets.He requested staff contact the railbelt utilities and invite them to the next board meeting. 10.ADJOURNMENT Chairman Barry adjourned the meetingat 10:25 a.m. Ron Miller,Secretary Alaska Energy Authority MEMORANDUM TO:Board of Directors Alaska Energy Authority FROM:Ron Miller Executive Dire .DATE:March 29//2005 SUBJECT:AEA Regulatory Amendment,Resolution No.2005-02 On January 5,2005,the Alaska Energy Authority (AEA)Board adopted AEA regulatory amendments via Resolution 2005-1.That Board Resolution directed the AEA Executive Director to finalize the relevant regulatory amendments and to file those amendments with the Lieutenant Governor. During the process of finalizing the amendments,the Department of Law's regulations attorney requested that we modify the proposed regulation covering procurement protests and appeals.The requested modification structures the procurement appeal process to more accurately reflect statutory authority that final decision-making of AEA procurement protests rests with the Board and the Board may delegate that authority to the Executive Director.Attached for Board review and approval is Resolution No.2005- 02 which adopts the regulatory amendment on protests and appeals. Also attached for Board review and approval is Resolution No.2005-03 which delegates to the Executive Director the authority to make final decisions on protests of AEA procurements up to $250,000 that are not subject to AS 36.30,State Procurement Code. The dollar limitation is not required,but staff recommends the limit as a reasonable "ceiling”above which the Board should have input. Staff recommends approval of Resolutions No.2005-02 and No.2005-03 813 West Northern Lights Boulevard *Anchorage,Alaska 99503DARDIACRTRAD.OAL RAS IAT NNN oe We PAOA FRETEAN BAN IT NAN Hea WW We Ho oe Ae ALASKA ENERGY AUTHORITY RESOLUTION NO.2005-02 RESOLUTION OF THE ALASKA ENERGY AUTHORITY RELATING TO THE ADOPTION OF AN AMENDMENT TO THE AUTHORITY'S REGULATIONS,ADDRESSING PROTESTS WHEREAS,pursuant to AS 44.83.080 the Alaska Energy Authority (the "Authority”)may adopt regulations to carry out the purposes of AS 44.83 and AS 42.45; WHEREAS,on January 5,2005,the Authority comprehensively amended the Authority's- regulations,including the enactment of 3 AAC 108.910,addressing protests to the Authority; WHEREAS,the Department of Law and staff have suggested that 3 AAC 108.910 be amended as set forth in Exhibit "A”attached to this resolution; WHEREAS,the Authority has complied with all of the provisions of AS 44.62 concerning the adoption by the Authority of this regulation;and WHEREAS,it is in the best interest of the Authority that the amendment to 3 AAC 108.910 (Protests)be adopted. NOW THEREFORE,BE IT RESOLVED BY THE ALASKA ENERGY AUTHORITY AS FOLLOWS:) Section 1.In accordance with AS 44.83.080 the Authority hereby adopts the attached 3 AAC 108.910 (Protests). Section 2.The Executive Director of the Authority is hereby authorized to take such actions and file such documents as may be necessary in order to submit the amended regulation to the Lieutenant Governor for voluntary filing in the Alaska Administrative Code. DATED at Anchorage,Alaska,this agh day of March,2005. Chair (SEAL) ATTEST Secretary H:\Board of Directors\Resolutions and Memos\AEA regs bd adoption res2.doc EXHIBIT A AlaskaRegister__,__-s 20005 COMMERCE,COMMUNITY,AND EC.DEV. 3 AAC 108 is amended by adding a new section to read: 3 AAC 108.910.Protests,claims,and appeals.(a)A person who is adversely affected by a proposed or final action of the authority or who has a contract claim against the authority may submit to the authority a protest or claim in accordance with this section, except as otherwise provided by statute or required as a condition of assistance received by the authority under 3 AAC 105.120. (b)A protester or claimant may submit a protest or claim by fax,by mail,or by personal delivery to the authority.A protest or claim must be in writing,must be signed by the protester,and must include (1)the name,address,and telephone number of the protester or claimant; (2)the signature of the protester or claimant,or the protester's or claimant's representative; (3)identification of the solicitation,contract or other matter at issue; (4)a detailed statement of the legal and factual grounds for the protest, including copies of relevant documents;and (5)a statement of the remedy requested;in a protest of a procurement action, the protester is limited to remedies that would apply in a protest under AS 36.30. (c)To be considered,unless the authority agrees to consider an untimely protest or claim for good cause shown, (1)a protest based on alleged improprieties in a bid or solicitation must be received by the authority at least 10 days before the due date of the bid or proposal; AlaskaRegister___,_____--2005 COMMERCE,COMMUNITY,AND EC.DEV. (2)a contract claim must be received by the authority within 90 days after the contractor becomes aware of the basis of the claim or should have known of the basis of the claim,whichever is earlier;and (3)a protest of other action of the authority,including a notice of intent to award a contract,must be received by the authority within 10 days after the authority provides notice of the action. (d)Upon receiving a protest or claim,the authority shall provide notice of the protest or claim to other interested persons. (e)The procurement manager will provide the decision of the authority as to procurement protests and contract claims.The procurement manager will issue a written decision on a procurement protest within 15 days after receipt of all relevant information from the protester and the authority,and will issue a written decision on a contract claim within 90 days of receipt of all relevant information from the contractor and the authority, unless the executive director extends the time for decision for good cause shown.A protester or claimant who is dissatisfied with a decision of the procurement manager may appeal the decision to the board of directors or,when the board of directors has authorized the executive director to make the final decision of the authority,to the executive director.A protester must submit its appeal of a procurement action within 10 days after the protester receives the procurement manager's decision. (f)Upon receiving an appeal of a procurement protest or contract claim under (e)of this section or a protest of other action of the authority,the executive director shall review AlaskaRegister__,___2005 COMMERCE,COMMUNITY,AND EC.DEV. the protest or claim,relevant information from agency staff,including any decision of the procurement manager's decision,and other relevant information,and (1)shall prepare a recommended decision for consideration by the board of directors of the authority;or (2)shall conduct a hearing and prepare a recommended decision for consideration by the board of directors of the authority;or (3)shall designate a hearing officer to conduct a hearing and prepare a recommended decision for consideration by the board of directors of the authority. (g)The board of directors of the authority will adopt a recommended decision prepared under (d)of this section,adopt the recommended decision with modifications,reject the recommended decision,or return the recommended decision to the executive director or hearing officer for additional findings. (h)In conducting a hearing under this section,the hearing officer or executive director may (1)hold prehearing conferences to settle,simplify,or identify the issues in a proceeding,or to consider other matters that may aid in the expeditious disposition of the proceeding; (2)require parties to state their positions concerning the various issues in the proceeding; (3)require parties to produce for examination those relevant witnesses and documents under their control; (4)rule on motions and other procedural matters; 3 , AlaskaRegister ___,2005 COMMERCE,COMMUNITY,AND EC.DEV. (6)establish time limits for submission of motions or memoranda; (7)impose appropriate sanctions against a person who fails to obey an order relating to the hearing procedures,including (A)prohibiting the person from asserting or opposing designated claims or defenses or introducing designated matters into evidence; (B)excluding all testimony of an unresponsive or evasive witness;and (C)excluding a person from further participation in the hearing; (8)take official notice of a material fact not appearing in evidence,if the fact is among the traditional matters subject to judicial notice;and (9)administer oaths or affirmations. (i)The board of directors of the authority may delegate to the executive director authority to make the final decision regarding protests of procurement actions and of other actions as the board determines is appropriate. (j)A decision by the board of directors of the authority,or by the executive director on actions as delegated to the executive director,is a final decision for purposes of judicial review.(Eff./__/__,Register___-i+) Authority:AS 42.45.400 AS 44.83.080 ALASKA ENERGY AUTHORITY RESOLUTION NO.2005-03 RESOLUTION OF THE ALASKA ENERGY AUTHORITY DELEGATING TO THE EXECUTIVE DIRECTOR THE AUTHORITY TO DECIDE PROCUREMENT PROTESTS WHEREAS,3 AAC 108.910,adopted by the Authority in Resolution 2005-02, addresses the procedures for protests of procurement action by the Authority and claims against the Authority not subject to AS 36.30; WHEREAS,under 3 AAC 108.910(g),the Board of Directors of the Authority may authorize the Executive Director of the Authority to make the final decisions regarding protests of procurement actions and regarding other actions as the Board determines is appropriate; WHEREAS,the Executive Director typically is delegated authority by the Department of Transportation and Public Facilities to make the final decisions of the Authority in protests of procurements for the Authority that are subject to AS 36.30;and WHEREAS,it is appropriate that the Executive Director make the final decisions of the Authority on protests of procurement actions of the Authority and claims against the Authority up to $250,000 that are not subject to AS 36.30,including actions when the Authority is acting as agent for or on behalf of a grantee. NOW THEREFORE,BE IT RESOLVED BY THE ALASKA ENERGY AUTHORITY AS FOLLOWS: Section 1.The Executive Director of the Authority is hereby authorized to make the final decisions of the Authority on protests of procurement actions of the Authority and claims against the Authority up to $250,000 that are not subject to AS 36.30,including actions when the Authority is acting as agent for or on behalf of a grantee. DATED at Anchorage,Alaska,this 29h day of March,2005. ,Chair (SEAL) ATTEST Secretary H:\Board of Directors\Resolutions and Memos\AEA regs bd adoption res05-03.doc