20170403_5232.pdf

DECISION MEMORANDUM 1
DECISION MEMORANDUM
TO: COMMISSIONER KJELLANDER
COMMISSIONER RAPER
COMMISSIONER ANDERSON
COMMISSION SECRETARY
COMMISSION STAFF
FROM: CAMILLE CHRISTEN
DEPUTY ATTORNEY GENERAL
DATE: MARCH 30, 2017
SUBJECT: AGREEMENT WITH THE OFFICE OF ENERGY AND MINERAL
RESOURCES FOR WESTERN INTERSTATE ENERGY BOARD DUES
The Office of Energy and Mineral Resources (OEMR) has asked the Public Utilities
Commission (PUC) to pay the State of Idaho’s dues for participation in the Western Interstate
Energy Board (WIEB). For the period of July 1, 2016 through June 30, 2017, such dues are
$18,000. If the PUC agrees to pay the dues, Idaho Code § 67-2332 and State of Idaho fiscal
policy require the two agencies to enter into a memorandum of understanding or other agreement
documenting the arrangement.
The WIEB is a standing committee of the Western Interstate Nuclear Board and is
made up of representatives from 11 Western states and 3 Western Canadian provinces. The
WIEB’s purpose is “to provide the instruments and framework for cooperative state efforts to
‘enhance the economy of the West and contribute to the well-being of the region’s people.’ The
Board seeks to achieve this purpose by promoting energy policy that is developed cooperatively
among member states and provinces and with the federal government.”
http://westernenergyboard.org/wieb-board/who-what/ (no internal citation provided).
The OEMR is the State of Idaho’s representative on the WIEB. The WIEB’s
activities support and inform the PUC’s and OEMR’s respective missions and the PUC, Idaho
public utilities, and Idaho public utility ratepayers benefit from OEMR’s participation in and
representation of the State of Idaho on the WIEB. Such benefits include enhanced visibility of
the WIEB’s energy policy activities and their impact on Idaho interests from a broad perspective;
indirect participation in and ability to influence WIEB activities, and conservation of PUC
resources for other statutory duties.
DECISION MEMORANDUM 2
Under the proposed agreement, which is attached, the PUC would pay the State of
Idaho’s annual dues for participation in the WIEB for the upcoming year. The OEMR would
continue to represent the State on the WIEB and would inform the PUC and seek its input
regarding WIEB activities and policy development. The agreement would be in effect for one
year and could be renewed by agreement of the PUC and OEMR. Either party could terminate
the agreement with 30 days’ notice, and the PUC could terminate the agreement with 10 days’
notice if appropriate and sufficient funds were not appropriated or were not budgeted or
otherwise available.
COMMISSION DECISION
Does the Commission authorize its President to sign the proposed WIEB funding
agreement, and substantially similar future WIEB funding agreements, on the Commission’s
behalf?

M:OEMR Agreement Re WIEB_cc
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AGREEMENT BETWEEN
THE IDAHO PUBLIC UTILITIES COMMISSION
AND
THE IDAHO OFFICE OF ENERGY AND MINERAL RESOURCES
This Agreement is made and entered into on the date executed by both parties below, by and
between the Idaho Public Utilities Commission (PUC), whose address is 472 W. Washington
Street, Boise, Idaho 83702 and the Idaho Office of Energy and Mineral Resources (OEMR),
whose address is 304 N. 8th Street, Suite 250, Boise, Idaho 83702 (collectively referred to as the
parties).
RECITALS
A. Pursuant to Idaho Code section 61-201, the PUC is a commission of the State of Idaho,
and pursuant to Idaho Code section 61-501, the PUC is vested with the power and
jurisdiction to supervise and regulate every public utility in the State and to do all things
necessary to carry out the intent and spirit of Idaho’s public utilities law.
B. Pursuant to the State of Idaho Executive Order 2016-03, the OEMR is an office within
the office of the Governor.
C. Pursuant to Idaho Code sections 67-2332 and 67-2333, State agencies are authorized to
enter into agreements to perform governmental services, activities, or undertakings that
each agency is authorized to perform.
D. Pursuant to Idaho Code section 39-3020, the State of Idaho has enacted into law the
Western Interstate Nuclear Compact, an agreement between several Western states to
form a Western Interstate Nuclear Board. The Western Interstate Nuclear Board has
established, as a standing committee, the Western Interstate Energy Board (WIEB).
E. Pursuant to Idaho Code section 39-3021, the Governor has the authority to appoint the
State’s representative to the Western Interstate Nuclear Board. The Governor has
appointed the Administrator of OEMR as the State’s representative on the WIEB.
F. The WIEB’s purpose is to “provide the instruments and framework for cooperative state
efforts to ‘enhance the economy of the West and contribute to the well-being of the
region’s people’” by “promoting energy policy that is developed cooperatively among
member states and provinces and with the federal government”
(http://westernenergyboard.org/wieb-board/who-what/).
G. The WIEB’s activities support and inform the PUC’s and OEMR’s respective missions;
and the PUC, Idaho public utilities, and Idaho public utility ratepayers benefit from
OEMR’s participation in and representation of the State of Idaho on the WIEB. Such
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benefits include enhanced visibility of the WIEB’s energy policy activities and their
impact on Idaho interests from a broad perspective; indirect participation in and ability to
influence WIEB activities, and conservation of PUC resources for other statutory duties.

AGREEMENT

NOW THEREFORE, in consideration of the mutual covenants contained herein, and the above
recitals, which are incorporated herein by this reference, the parties agree as follows:
1) WIEB Dues
The PUC shall pay the State of Idaho’s annual dues for membership in WIEB. For the period
July 1, 2016 to June 30, 2017, such dues are $18,000.

2) OEMR Representation
OEMR shall represent the State of Idaho in WIEB. The OEMR will inform the PUC and seek its
input regarding WIEB activities and policy development.

3) Term of Agreement and Termination
a. This Agreement will become effective on the date it is signed by both parties and
will remain in effect for a term of one year. The Agreement may be renewed for
subsequent one-year terms upon written agreement of the parties.

b. Either party may terminate the Agreement by providing 30 calendar days advance
written notice to the other party.

c. In addition to the right to terminate under subsection (b), the PUC may terminate
this Agreement on ten days’ written notice if, in its sole judgment, the Legislature
of the State of Idaho fails, neglects, or refuses to appropriate sufficient funds as
may be required for the PUC to continue paying the WIEB dues, or if, for any
other reason, funds are not budgeted or otherwise available.

4) Entire Agreement
This Agreement sets forth the entire agreement between the parties related to the subject matter
of this Agreement and may not be modified without the written consent of both parties.

5) Notices
Any notice given in connection with this Agreement shall be in writing and shall be delivered
either by hand to the other party, by certified mail, postage prepaid, return receipt requested, to
the addressee provided below or by facsimile transmission to the other party at the facsimile
number below. Notice by facsimile transmission must be followed by written notice. Notice shall
be deemed delivered immediately upon personal service or facsimile transmission or forty-eight
(48) hours after depositing notice or demand in the United States mail. Either party may change
its address by giving written notice of the change to the other party.
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Idaho Public Utilities Commission
Maria Barratt-Riley
472 W. Washington St. (83702)
P.O. Box 83720 (83720-0074)
Boise, ID
Telephone: [phone]
FAX: [phone]
Idaho Office of Energy and Mineral Resources
Kymm Benson
304 N. 8th St, Ste. 250 (83702)
P.O. Box 83720 (83720)
Boise, ID
Telephone: [phone]
Fax: [phone]

6) Signatures
IN WITNESS WHEREOF, the PUC and the OEMR have executed this Agreement on the
date on which both parties have signed below.

Idaho Public Utilities Commission

Paul Kjellander, President

Date
Idaho Office of Energy and Mineral
Resources

John Chatburn, Administrator

Date