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HomeMy WebLinkAboutAEA Board Meeting Oct 16 2006/=ALASKAa)ENERGY AUTHORITYwkb=Alaska Industrial DevelopmentandExportAuthority ALASKA ENERGY AUTHORITY BOARD OF DIRECTORS October 16,2006 @ 10:40 a.m. Anchorage and Juneau,Alaska Excerpt from Unapproved Minutes 7.NEW BUSINESS 7A.Resolution No.2006-05,A Resolution of the Alaska Energy Authority Relating to the Adoption of New Regulation Relating to Bulk Fuel Revolving Loan Fund. Mr.Miller stated Resolution No.2006-05 amends regulation 3 AAC 106.300 and 3 AAC 106.310. The regulations are amended to make them consistent with SLA 2006 Chapter 78 which relates to the maximum amount of loans from the Bulk Fuel Revolving Loan Fund that can be given to one borrower in a fiscal year. Staff has complied with statutory requirements by providing appropriate public notice of this proposed action.The public comment period ended at 4:30 p.m.on Thursday,September 21, 2006.No comments were received. Staff recommended approval of Resolution No.2006-05. Chairman Barry said the Board should advise staff on how this regulation change should be treated.He said there is an oil company owned by the Venezuelan Government that made available to native villages around the state of Alaska grants for fuel purchases.Some villages have not availed themselves of those grants because of the political nature of the dictator in Venezuela.He queried the Board as to their views of how someone who turned down the grant should be treated if they come in to borrow the money from AEA. Mr.Winther said he has been involved with the villages that declined the grants,which is also the area the APICDA CDQ group is in.When they turned it down,APICDA offered to pay half and my company and two others offered to pay the other half.He said if the Board is thinking of some participation by AIDEA in that form,he would be in favor of it. Mr.Bjorkquist said,under statutes he is not sure that whether a community participates or does not participate would be an appropriate basis for making a loan or a non-loan decision and suggested that part of this conversation be deferred to Assistant Attorney General Mike Mitchell who will look at the legal aspects as we follow up on this issue. Chairman Barry said his concern is that the revolving loan fund has only a finite amount of dollars and he does not believe this is a frivolous introduction.He does not know the correct answer so the Board would appreciate Mr.Mitchell investigating the legal part of the issue and staff researching how many,if any,are truly affected by this.He also asked the Board members to think about what,if any,policy decision is appropriate for us to make and what that policy should be.It is an issue that deserves our concern. 813 West Northern Lights Boulevard *Anchorage,Alaska 99503-2495 www.aidea.org *907/269-3000 *FAX 907/269-3044 ®Toll Free (Alaska Only)888/300-8534 ©www.akenergyauthority.org AEA Board Meeting October 16,2006 Meeting Minutes Page 2 Mr.Winther said options under the regulations we operate under should be laid out for the Board. Mr.Bjorkquist said he wanted to make clear that his expression is based on not knowing what the answer is as opposed to implying anything. Chairman Barry instructed staff come back to the Board with a list as to what the options are. MOTION:John Winther moved to approve Resolution No.2006-05.Seconded by Commissioner Barton.There being no discussion,the question was called.A roll call vote was taken and the motion passed with Messrs.Barry,Barton,Boutin,Noll,and Winther voting yea. Rof Miller,Secretary Alaska Energy Authority Gi ENERGY AUTHORITY eae =wAIDEN.|=ALASKA Alaska Industrial DevelopmentandExportAuthority 10. AGENDA Alaska Energy Authority Board of Directors October 16,2006 Anchorage and Juneau,Alaska Following AIDEA Board Meeting CALL TO ORDER BOARD OF DIRECTORS ROLL CALL PUBLIC ROLL CALL PUBLIC COMMENTS PRIOR MINUTES August 18,2006 OLD BUSINESS NEW BUSINESS A.Bulk Fuel Revolving Loan Fund Program Regulation Changes,Resolution No. 2006-05 B.Appointment of Officers,Resolution 2006-06 DIRECTOR COMMENTS A.Director's Status Report of AEA Programs and Projects B.Next meeting date BOARD COMMENTS ADJOURNMENT 813 West Northern Lights Boulevard *Anchorage,Alaska 99503-2495 www.aidea.org *907/269-3000 *FAX 907/269-3044 ®Toll Free (Alaska Only)888/300-8534 ©www.akenergyauthority.org =>ALASKA ea)ENERGY AUTHORITY*i Alaska Industrial DevelopmentandExportAuthority ALASKA ENERGY AUTHORITY BOARD OF DIRECTORS October 16,2006 @ 11:40 a.m. Anchorage and Juneau,Alaska Teleconference 1.CALL TO ORDER Chairman Barry called the meeting of the Alaska Energy Authority to order on October 16,2006,at 11:40 a.m.A quorum was established. 2.BOARD OF DIRECTORS ROLL CALL Directors present in Anchorage:Mr.Mike Barry (Chairman/Public Member),and Commissioner Bill Noll (Department of Commerce,Community &Economic Development). Director present in Juneau:Deputy Commissioner Tom Boutin (Designee for 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),Chris Anderson (Deputy Director-Credit &Business Development),Valorie Walker (Deputy Director-Finance),James Jensen (Assistant Project Manager),Martina Dabo (Project Manager),Peter Crimp (Project Manager),Sara Fisher-Goad (Financial Analyst),Mark Schimscheimer (Project Manager),Brenda J.M.Fuglestad (Admin Manager),and Jim Strandberg (Project Manager). Others attending:Brian Bjorkquist and Mike Mitchell (Department of Law),Lee Thibert (Chugach Electric),and Kim Floyd (Matanuska Electric Association). Others attending telephonically:Karl Reiche (AIDEA Project Development Manager). 4.PUBLIC COMMENTS There were no public comments. 5.PRIOR MINUTES -August 18,2006 The August 18,2006 minutes were approved as presented. 6.OLD BUSINESS There was no old business. 7.NEW BUSINESS 813 West Northern Lights Boulevard *Anchorage,Alaska 99503-2495 www.aidea.org *907/269-3000 *FAX 907/269-3044 ®Toll Free (Alaska Only)888/300-8534 *www.akenergyauthority.org AEA Board Meeting October 16,2006 Meeting Minutes Page 2 7A.Resolution No.2006-05,A Resolution of the Alaska Energy Authority Relating to the Adoption of New Regulation Relating to Bulk Fuel Revolving Loan Fund. Mr.Miller stated Resolution No.2006-05 amends regulation 3 AAC 106.300 and 3 AAC 106.310. The regulations are amended to make them consistent with SLA 2006 Chapter 78 which relates to the maximum amount of loans from the Bulk Fuel Revolving Loan Fund that can be given to one borrower in a fiscal year. Staff has complied with statutory requirements by providing appropriate public notice of this proposed action.The public comment period ended at 4:30 p.m.on Thursday,September 21,2006.No comments were received. Staff recommended approval of Resolution No.2006-05. Chairman Barry said the Board should advise staff on how this regulation change should be treated.He said there is an oil company owned by the Venezuelan Government that made available to native villages around the state of Alaska grants for fuel purchases.Some villages have not availed themselves of those grants because of the political nature of the dictator in Venezuela.He queried the Board as to their views of how someone who turned down the grant should be treated if they come in to borrow the money from AEA. Mr.Winther said he has been involved with the villages that declined the grants,which is also the area the APICDA CDQ group is in.When they turned it down,APICDA offered to pay half and my company and two others offered to pay the other half.He said if the Board is thinking of some participation by AIDEA in that form,he would be in favor of it. Mr.Bjorkquist said,under statutes he is not sure that whether a community participates or does not participate would be an appropriate basis for making a loan or a non-loan decision and suggested that part of this conversation be deferred to Assistant Attorney General Mike Mitchell who will look at the legal aspects as we follow up on this issue. Chairman Barry said his concern is that the revolving loan fund has only a finite amount of dollars and he does not believe this is a frivolous introduction.He does not know the correct answer so the Board would appreciate Mr.Mitchell investigating the legal part of the issue and staff researching how many,if any,are truly affected by this.He also asked the Board members to think about what,if any,policy decision is appropriate for us to make and what that policy should be.It is an issue that deserves our concern. Mr.Winther said options under the regulations we operate under should be laid out for the Board. Mr.Bjorkquist said he wanted to make clear that his expression is based on not knowing what the answer is as opposed to implying anything. Chairman Barry instructed staff come back to the Board with a list as to what the options are. MOTION:John Winther moved to approve Resolution No.2006-05.Seconded by Commissioner Barton.There being no discussion,the question was called.A roll call vote was taken and the motion passed with Messrs.Barry,Barton,Boutin,Noll,and Winther voting yea. AEA Board Meeting October 16,2006 Meeting Minutes Page 3 7B.Resolution No.2006-06,Resolution of the Alaska Energy Authority Relating to the Appointment of Various Officers of the Authority;and Related Matters Mr.Miller said Resolution No.2006-06 appoints Sara Fisher-Goad as Deputy Director-Operations and Assistant Secretary. Staff recommended approval of Resolution No.2006-06. MOTION:Deputy Commissioner Boutin moved to approve Resolution No.2006-06. Seconded by Commissioner Noll.There being no further discussion,the question was called.Aroll call vote was taken and the motion passed with Messrs.Barry,Boutin,Barton, Noll,and Winther voting yea. 8A.__Director's Status Report of AIDEA Programs and Projects Alaska Intertie Project Executive Session Mr.Bjorkquist stated that there is proprietary information,status and strategy,and financial matters related to the Alaska Intertie Project.Under the open meetings act a body,such as the AIDEA Board,can go into executive session for matters the immediate knowledge of which would clearly have an adverse affect on the finances of AIDEA.The appropriate procedure for doing that is to have a Board member make a motion to go into executive session for that purpose and to vote on that motion. MOTION:Mr.Winther moved to go into executive session to discuss proprietary information,status and strategy,and financial matters related to the Alaska Intertie Project. Seconded by Commissioner Barton.There being no discussion,the question was called. A roll call vote was taken and the motion passed with Messrs.Barry,Boutin,Winther, Barton,and Noll voting yea. EXECUTIVE SESSION --11:48 a.m. The Board reconvened its regular meeting at 11:58 a.m. A quorum was established.Chairman Barry advised that the Board had not taken any formal action on the matters discussed while in Executive Session. 8B.NEXT MEETING DATE The board will be polled for the next meeting date. 9.BOARD COMMENTS There were no board member comments. 10.ADJOURNMENT AEA Board Meeting October 16,2006 Meeting Minutes Page 4 There being no objection and no further business of the Board,the meeting was adjourned at 11:59 am. 1 | Ron Miller,SecretaryAlaskaEnergyAuthority ALASKA ENERGY AUTHORITY BOARD OF DIRECTORS August 18,2006 -3:52 p.m. Anchorage,and Juneau,Alaska Teleconference 1.CALL TO ORDER Chairman Barry called the meeting of the Alaska Energy Authorityto orderon August 18,2006,at3:52 p.m.A quorum was established. 2.BOARD OF DIRECTORS ROLL CALL Directors present in Anchorage:Mr.Mike Barry (Chairman/Public Member),°and Beputy<-Commissioner Bill Noll (Department of Commerce,Community.&Economic Development).Director present in Juneau:Deputy Commissioner Tom 'Boutin (Designee for Department of Revenue),and Commissioner Mike Barton (Department of Transportation and Public Facilities). 3.PUBLIC ROLL CALL Staff present in Anchorage:"Ronald W.Miller (Executive Director),Chris.Anderson (DeputyDirector-Credit &Business Development),Karl Reiche (Projects Development Manager)BeckyGay(Project Manager),Sara Fisher-Goad (Financial Analyst),John Wood,(Project Manager), Chris Rutz (Procurement Manager),Brenda J.ruglestad (Admin Manager),and Jim Strandberg(Project Manager)we ae 4 PuBlic COMMENTS,There were no public comments5.PRIOR MINUTES -Jl 10,2006TheJuly10,2006 minutes \were approved as presented. 6.OLD BUSINESS There was no old business. 7.NEW BUSINESS There was no new business. AEA Board Meeting August 18,2006 Meeting Minutes Page 2 8A.__Director's Status Report of AIDEA Programs and Projects Mr.Miller stated at the next board meeting staff will present proposed regulatory changes to follow in line with SB188 which made changes to the bulk fuel revolving loan fund program.It will essentially increase the maximum amount of the loan allowed to a borrower in any fiscal!year from $300,000 to $400,000.The change allows certain cooperative organizations to borrow on behalf of multiple communities and sets an upper limit of $1.5 million on the amount of any such aggregate loan or the limit of $400,000 times the number of eligible communities whichever is less.The legislation becomes effective September 17,2006. 8B.NEXT MEETING DATE The next board meeting will be September 25,2006. 9.BOARD COMMENTS Chairman Barry complimented staff for their workwasrecentlycompleted.'the Renewable Energy Atlas of Alaska that 10.ADJOURNMENT There being no objection,the meeting wass recessed at 4:03 p.m.until Sunday,August 20,2006 atapproximately10:00 a.m.where the board will,conduct afour of the Chena Hot SpringsGeothermalProject.wl,a, Sunday,August 20,2006 «=. After completion of the tour,the meeting was adjourned at approximately 4:00 p.m. Ron Miller,Secretary ceAlaskaEnergyAuthority"Hs «»ENERGY AUTHORITYaehy ake ake Alaska Industrial DevelopmentandExportAuthority MEMORANDUM TO:Board of Directors Alaska Energy Authority iFROM:Ron Miller |(WUExecutiveDirector;! DATE:October 16,2006 SUBJECT:Resolution No.2006-05 Adoption of AEA Regulation Changes Resolution No.2006-05 adopts the amended regulations attached as Exhibit A to the resolution. These amended regulations revise 3 AAC 106.300 and 3 AAC 106.310 by making them consistent with SLA 2006 Chapter 78 which relates to the maximum amount of loans from the Bulk Fuel Revolving Loan Fund to one borrower in a fiscal year. The Alaska Energy Authority (AEA)widely distributed notice of the proposed revisions and published notice in the Delta Discovery Newspaper on August 16,the Nome Nugget on August 17,and the Alaska Journal of Commerce on August 20,2006.Upon request,AEA also emailed notice to the First Alaskans Institute,the Alaska Intertribal Council,Rural Alaska Fuel Services (RAFS)and Nels Anderson,Chair of the Governor's Rural Energy Action Council; provided notice to state legislators,the Administrative Regulation Review Committee,both Senate and House Community and Regional Affairs Committees,and the Legislative Council; and posted the notice on AEA's website and on the State of Alaska Online Public Notice System.There was no public hearing.The public comment period ended on September 21, 2006,at 4:30 p.m. AEA received no comments on the proposed regulations. Staff recommends approval of Resolution No.2006-05. 813 West Northern Lights Boulevard *Anchorage,Alaska 99503-2495www.aidea.org *907/269-3000 *FAX 907/269-3044 ®Toll Free (Alaska Only)888/300-8534 ©www.akenergyauthority.org ALASKA ENERGY AUTHORITY RESOLUTION NO.2006-05 RESOLUTION OF THE ALASKA ENERGY AUTHORITY RELATING TO THE ADOPTION OF NEW REGULATION RELATING TO THE BULK FUEL REVOLVING LOAN FUND 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,staff of the Authority has proposed that the Authority's regulations be amended to adopt amended regulations dealing with the Bulk Fuel Revolving Loan Fund program,as set forth in Exhibit "A”attached to this resolution,amending 3 AAC 106.300(3)and 3 AAC 106.310(4); WHEREAS,the Authority has complied with all of the provisions of AS 44.62 concerning the adoption by the Authority of regulations; WHEREAS,staff of the Authority has reported to this board the nature and content of the comments received from the public with respect to the amended regulations and the Authority has considered these comments;and WHEREAS,it is in the best interest of the Authority that the Bulk Fuel Revolving Loan Fund amended regulations 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 Bulk Fuel Revolving Loan Fund amended regulations attached hereto as Exhibit "A”. Section 2.The Executive Director of the Authority is hereby authorized to take such actions and file such documents as may be necessary to finalize the regulation amendment contemplated in this resolution in order to facilitate the filing of the amendments with the office of the Lieutenant Governor. DATED at Anchorage,Alaska,this 16"day of October 2006. Chair (SEAL) ATTEST Secretary C:\WINNT\Temporary Internet Files\OLK1\BFRLF regs bd res 2006-05 (2).doc Exhibit A Register ;2006 ALASKA ENERGY AUTHORITY 3 AAC 106.300(3)is amended to read: (3)written endorsement that from the governing body of each [THE]community,if the applicant is a person generating power or selling fuel in the community; (Eff.2/16/96,Register 137;am 3/25/2005,Register 173;am_-/__/,Register _) Authority:AS 42.45.250 AS 44.83.080 3 AAC 106.310(4)is amended to read: (4)the amount of the loan,added to the amounts of all other bulk fuel loans to the same borrower in the same fiscal year,may not exceed $400,000,or,if the borrower is a cooperative corporation organized under AS 10.15 or an electric cooperative organized under AS 10.25 and uses the loan to purchase bulk fuel on behalf of more than one community,may not exceed the lesser of $400,000 multiplied by the number of communities on whose behalf the bulk fuel is to be purchased,or $1,500,000 [$300,000]. (Eff.2/16/96,Register 137;am 3/25/2005,Register 173;am__/__-/,Register ) Authority:AS 42.45.250 AS 44.83.080 ALASKA ENERGY AUTHORITY RESOLUTION NO.2006-06 RESOLUTION OF THE ALASKA ENERGY AUTHORITY RELATING TO THE APPOINTMENT OF VARIOUS OFFICERS OF THE AUTHORITY;AND RELATED MATTERS WHEREAS,the By-laws of the Alaska Energy Authority (the "Authority”)provide that the Executive Director of the Authority is the Secretary-Treasurer of the Authority; WHEREAS,the By-Laws of the Authority also set out the duties and responsibilities of the Secretary and the Treasurer of the Authority,provide that the members of the Authority may assign all or part of such duties to some other person or persons and give to such person or persons an appropriate title,including that of Assistant Secretary-Treasurer,and that officers of the Authority shall perform such other duties and functions as may from time to time be required by the Authority or the By-Laws or Regulations of the Authority; WHEREAS,the By-Laws of the Authority set out the duties and responsibilities of the Executive Director,Secretary,and the Treasurer of the Authority,provide that the members of the Authority may assign all or part of such duties to some other person or persons and give to such person or persons an appropriate title,including that of Deputy Director,Assistant Secretary,Assistant Secretary-Treasurer,and that officers of the Authority shall perform such other duties and functions as may from time to time be required by the Authority or the By-Laws or Regulations of the Authority; WHEREAS,it is in the best interests of the Authority and desirable and proper that Sara Fisher-Goad be appointed as Deputy Director-Operations and Assistant Secretary of the Authority; NOW,THEREFORE,BE IT RESOLVED BY THE ALASKA ENERGY AUTHORITY AS FOLLOWS: Section 1.Sara Fisher-Goad is hereby appointed to be a Deputy Director- Operations and Assistant Secretary of the Authority is hereby confirmed. Section 2.The Assistant Secretary-Treasurer and each Assistant Secretary shall perform any and all duties of the Secretary and/or Treasurer as shall from time to time be assigned by the Executive Director. section 3.From time to time,as may be required on a temporary basis,when the Executive Director is unavailable,the Executive Director may designate any Assistant Secretary or Assistant Secretary-Treasurer of the Authority as Acting Executive Director.The Acting Executive Director shall have all the duties and powers of the Executive Director of the Authority during the period the Executive Director is unavailable. Section 4.This Resolution shall become effective immediately upon its passage and approval. DATED at Anchorage,Alaska,this 16"day of October 2006. Chair [SEAL] ATTEST Secretary AEA/Appointment of Officers Resolution No.2006-06 H:\Board of Directors\Resolutions and Memos\AEA officers 2006 Fisher-Goad.doc Page 2