MINUTES
(verified
with meeting transcript)
CENTRAL INTERSTATE LLRW COMMISSION
EMERGENCY
TELECONFERENCE MEETING
Thursday, May 11, 2006, 8:00 A.M.
In compliance with Commission Bylaws and Rules, a meeting
notice announcing the date, time, location and agenda availability was mailed
to the interested parties May 5, 2006
An Emergency Teleconference Meeting of the Central
Interstate LLRW Commission was held Thursday, May 11, 2006 for the purpose of
taking necessary action to retain and direct outside legal counsel in
responding to the complaint filed by the Major Generators in
The meeting was called to order at approximately 8:02 A.M.
and roll was called. Responding to the roll call were: Kansas Commissioner, Joe
Harkins; Oklahoma Commissioner, Catherine Sharp;
Also present was the Kansas Alternate Commissioner, Ron
Hammerschmidt; Administrator, Rita Houskie; Shawn Renner and Alan Peterson,
Cline Williams Law Firm and two Major Generator Representatives.
No requests by members of the public were made to speak
during the general public comment period.
The Chair made a brief statement as to the necessity for
calling the emergency meeting.
Motion (Resolution
1) by
Motion passed 4-0
Motion (Resolution
Concerning Defense of Lawsuit) by
In light of the filing of a
lawsuit on April 25, 2006, by the region's Major Generators and NPPD and OPPD
against the Commission, Case No.4:06-cv-3101, in the United States District
Court for the District of Nebraska, the Commission hereby authorizes the
Commission's legal counsel, Cline, Williams, Wright, Johnson & Oldfather,
L.L.P., to file all necessary responsive pleadings in the suit, to vigorously
assert all available and appropriate defenses, and to proceed with the defense
of the case under the strategic supervision of the Commission Chairperson
and/or Litigation Committee.
Motion passed 4-0
The Chair asked for Legal Counsel to report on the lawsuit.
Legal Counsel briefly explained the content of the complaint
brought by the Major Generators. He explained that the $5 million retained by
the Commission from the settlement proceeds received from the State of
The Kansas Commissioner had an additional question that
could not be responded to in a public forum. In order to preserve
attorney-client privilege Legal Counsel suggested an executive session to which
the Commissioner from
Motion passed 4-0
The Commissioners entered into executive session at
approximately 8:14 a.m. and returned to open session at approximately 8:50 a.m.
The Chair called the meeting back to order and stated that
no actions had been taken during the executive session.
Motion by
Motion passed 4-0
The meeting was adjourned at approximately 8:52 a.m.
