MINUTES
(verified with meeting transcript)
CENTRAL
INTERSTATE LLRW COMMISSION
Mid-Year
Meeting
Wednesday
- January 12, 2005 - Oklahoma City, OK
In compliance with Commission Bylaws and Rules, a meeting notice
announcing the date, time, location and agenda availability was mailed to the
interested public on December 29, 2004.
The Mid-Year Meeting of the Central Interstate LLRW
Commission was held Wednesday, January 12, 2005, in Oklahoma City, OK to hear the
status report on negotiations for disposal access and to take necessary action
on reports, meeting minutes, export applications, KPMG 2003=2004 Commission
Audit, Low-Level Waste Forum membership, financial consultant's contract for
calendar year 2005, and all other business to come before the Commission.
The Chair called the meeting to order at approximately 9:10
a.m. and roll was called. Responding to the roll call was: Oklahoma
Commissioner, Catherine Sharp; Kansas Commissioner, Joe Harkins; Louisiana
Commissioner, Mike Henry; and Arkansas Commissioner and Chair, Laura Gilson.
Also present were Kansas Alternate Commissioner, Ron
Hammerschmidt; Administrator, Rita Houskie; Secretary, Terry Davis; the court
reporter and interested members of the public. Commission's Legal Counsel, Alan
Peterson and Shawn Renner, were conferenced in by phone as well as
representatives of Nebraska Public Power District and Omaha Public Power
District.
The Chair introduced and welcomed the new Commissioner
representing the member state of Kansas.
The Chair gave a brief explanation as to the whereabouts of
the Commission's legal counsel and their situation. Counsels' flight had been
grounded due to the weather and joined the meeting via conference telephone.
No members of the public spoke during the public comment
period.
The Commission received oral reports from the Commission's
Administrator, US Ecology, and Legal Counsel.
Counsel reported on the status of the settlement that
included Nebraska's payment options and reported briefly on the access to
disposal for generators in the Compact member states as well as Nebraska
generators, and the ongoing obligations and the role of the Commission. Counsel
also advised the Commission on the setting of committees, majority vote,
meeting requirements, funding the administrative budget, and distribution of
settlement funds. Counsel suggested going into Executive Session to further
discuss and receive legal advice regarding claims against the settlement funds.
Motion by Oklahoma,
second by Louisiana to go into executive session to discuss the claims made
by various parties against the potential settlement and to get a legal opinion
from Commission's counsel regarding those.
Motion passed 4-0
The Chair called the meeting back to order at approximately
12:55 p.m. and indicated that no business was transacted and no actions were
taken. The Chair then called for a recess until 1:30 p.m.
At approximately 1:35 p.m., the Chair called the meeting back
to order. The Chair reiterated that no actions had been taken during the
executive session and included that there had been discussion on the formation
of some committees.
Motion by
Oklahoma, second by Louisiana to form a committee, with members appointed by
the Chair, for the purpose of looking at options for holding and/or investing
some or all of the money that the Commission is likely to receive during its
first payment in August of 2005 and to have recommendations by our June 2005
meeting.
Motion passed 4-0
The Chair appointed the Kansas Commissioner to be on the
above-approved committee, named Financial Services Search Committee. The Kansas
Commissioner accepted the appointment.
Motion by
Kansas, second by Louisiana to form a committee and through Commission's
attorney solicit claims from all those parties that feel they have a claim to
make against the settlement monies. That upon receipt of those formal requests,
that the committee reviews them with the assistance of our attorney and brings a
recommendation to the June 2005 meeting.
Motion passed 4-0
The Oklahoma Commission made a statement as to the
importance of the committee in that there are several entities invested in the
settlement monies and it is wise to ask those claimants to show their math and
scrutinize the claims. The Chair appointed herself to the committee as well as
the Louisiana Commissioner. The Louisiana Commissioner accepted the appointment
to the above-approved committee named Claims Review Committee.
Motion by Louisiana,
second by Oklahoma to formalize as a committee the commissioners from
Oklahoma and Louisiana for the purpose of continuing to assist the Commission's
legal counsel with negotiations for disposal access.
Motion passed 4-0
The Chair named the above approved committee Disposal
Negotiations Committee with the commissioners from Oklahoma and Louisiana
remaining as members.
The Chair abolished the Litigation Committee since it is no
longer needed.
The Chair called for the next agenda item relating to the
meeting minutes and asked that they be approved as a group. The Kansas
Commissioner indicated that the Kansas Alternate Commissioner had to leave
early but had asked that his attendance to one of the four meeting had not been
included in the minutes and asked for an amended version. Discuss followed with
the Administrator and it was agreed that the Alternate would be contacted to
find out which date should be amended.
Motion (Resolutions
1-4) by Oklahoma, second by Louisiana to approve meeting minutes with
amendment as a group for Commission meetings held June 8, 2004, July 7, 2004,
July 23, 2004, and August 9, 2004.
Motion passed 3-0 (Kansas
abstaining)
Motion (Resolution
5) by Kansas, second by Louisiana to approve two non-federal export applications
for fiscal year 2004-2005.
Motion passed 4-0
The Chair asked the Administrator to explain the next agenda
item dealing with the export application approval process. The Administrator
indicated that the Chair had asked for a more streamlined approval process of
export applications. The Administrator proposed a plan to offer a letter of
extension to active exporters whose export authorization had expired and have
submitted the appropriate forms and fees to renew their authorization for the
current fiscal year but had missed the deadline for review by the full
commission. The Administrator would
then provide a letter extending the expiration date of the authorization. This
action would be placed on the next meeting agenda for ratification. The new
application would also be placed on the next meeting agenda for review and
action by the full commission.
Some discussion followed as to whether the proposed plan
would be in conflict with Commission's Rules 4.1. It was decided that it would
not and the following motion was offered.
Motion (Resolution
6) by Louisiana, second by Oklahoma to instruct the Administrator to
provide distressed previously approved active generators a letter of extension
to streamline the export application approval process.
Motion passed 4-0
The Chair introduced the next agenda item pertaining to the
acceptance of the KPMG, Inc Commission Audit for fiscal year 2003-2004. The
Kansas Commissioner expressed a concern about the statement made on the
Independent Auditors' Report to the Commission, paragraphs 4 and 6. Some
discussion ensued with attempts to decipher the meaning of the paragraphs. The
Administrator was instructed to make contact with the auditing firm for an
interpretation and report back at the next meeting.
Motion (Resolution
7) Kansas, second by Oklahoma to accept the audit report with the
request that an explanation of the two paragraphs in question be provided at
the next meeting.
Motion passed 4-0
Motion (Resolution
8) by Oklahoma, second by Louisiana to approve continued
membership in the Low Level Waste Forum.
Motion passed 4-0
Motion (Resolution
9) by Oklahoma, second by Louisiana to approve the
financial consultant's contract for calendar year 2005.
Motion passed 4-0
The next meeting of the Commission was tentatively scheduled
for June 29, 2005 in Omaha, Nebraska and a subsequent telephone meeting was
tentatively scheduled for July 20, 2005 at 9:00 a.m.
Motion by
Louisiana, second by Oklahoma to enter into executive session for personnel
matters.
Motion passed 4-0
The Chair returned the meeting to open session at
approximately 2:56 p.m. and stated that the only business discussed was in
relation to personnel matters and no actions were taken.
Motion by
Louisiana, second by Oklahoma to adjourn the meeting.
Motion passed by
acclimation
The Chair adjourned the meeting at approximately 2:58 p.m.
