ADMINISTRATIVE ORDER NO. 49
JAY S. HAMMOND
OFFICE OF THE GOVERNOR
June 12, 1978
Under the authority of art. III, sec. 1 6f the Alaska Constitution,
and in accordance with AS 41.12.010, art. VII, I execute the
following agreement on behalf of the State of Alaska:
The Governors executing orders conforming to the terms of
this instrument do hereby agree as follows:
This is a supplementary agreement entered into pursuant to
Article VII of the Western Interstate Nuclear Compact. The activities
to which this agreement pertains are within the power of the
Western Interstate Nuclear Board (WINB) under the provisions
of Article V of the Compact, and in particular, under sections
(a), (b), Cc), (d), (i), (j), and (m) thereof, but have not been
undertaken by WINB to the extent provided for herein.
There is hereby created the Western Solar Utilization Network
(Western SUN), as an instrumentality of each of the States made
a party to this Agreement as herein after provided.
The purpose of the Western Solar Utilization Network is to
contract with an appropriate agency or agencies of the United
States government to carry out functions relating to the utilization
and development of solar energy, including:
(A) To encourage and promote the development and utilization
of solar technology and its application to residential, commercial,
industrial, and other sectors;
(B) To ascertain and analyze on a continuing basis the position
of the West with respect to the employment of solar findings
and technology in industry and other fields;
(C) To encourage the development and use of scientific advances
and discoveries in solar facilities, energy, materials, products,
and all other appropriate adaptations of solar scientific and
technological advances and discoveries;
(D) To collect, correlate, and disseminate information relating
to the use of solar energy, materials, and products;
(E) To undertake such nonregulatory functions with respect
to solar energy as may promote the economic development and general
welfare of the West;
(F) To study industrial, health, safety,. and other standards,
laws, codes, rules, regulations, and administrative practices
in or related to solar fields;
(G) To participate actively with the federal government in
its programs relating to the utilization and development of solar
(A) The Western Solar Utilization Network shall come into
being upon the execution of this Agreement by the Governors of
two eligible States. The Agreement shall become effective for
each eligible State as a party upon the execution of the Agreement
by the Governor of that State.
(B) The following states shall be eligible to become members
of the Western Solar Utilization Network: Alaska, Arizona, California,
Colorado, Idaho, Montana, Nevada, New Mexico, Oregon, Utah, Washington,
Wyoming, Hawaii, Nebraska, North Dakota, South Dakota, providing
each signatory state is not participating in another solar region
as defined by the Department of Energy.
(A) The Western Solar Utilization Network shall be under the
complete control and sole direction of the Western Solar Utilization
Network Board of Directors (Western SUN Board).
(B) The Board of Directors shall consist of one Director from
each of the States party to this Agreement, selected in a manner
to be determined by the Governor of each respective State. Provided,
however, that the Members of the Executive Committee of the Western
Interstate Nuclear Board representing states party to this agreement
shall automatically be appointed to the Western SUN Board. Such
automatic appointment shall not preclude appointment by the Governor
of any particular state of one other member as he/she may deem
appropriate. Where such dual appointments are made, each Director
shall be entitled to one-half vote bringing the total to one
vote per state/ providing however, in the event only one person
from such state shall attend a meeting of the Board, that person
shall have the full vote to which that state is entitled.
(C) Each Director shall serve a period of one year and thereafter
at the pleasure of his or her Governor.
(D) Each Director shall have one vote, except as specified
in subparagraph (B) above.
(E) The Board shall have a seal.
(F) The Board shall elect from among its members such officers
as it may deem appropriate, and shall adopt bylaws to govern
its proceedings. The Board may appoint committees from among
its members to perform functions delegated by the Board, but
no action of such a committee shall be binding unless ratified
by the Board. The Board may appoint advisory committees including
persons not members of the Board, to provide recommendations
and guidance to the Board.
(G) The Board shall meet at least annually. Provisions for
regular meetings, special meetings, notices of meetings, agendas,
quorum, absentee or proxy voting, and alternate directors may
be contained in bylaws adopted by the Board.
(H) Subject to this Agreement and such bylaws as the Board
may adopt, proceedings of the Board shall be conducted in accordance
with the latest edition of Roberts Rules of Order.
(I) The Board shall establish rules concerning payment or
reimbursement of reasonable expenses incurred in doing the business
of the Board.
(J) In carrying out his or her responsibilities as a member
of the Board, each Director shall utilize such advisory resources
relating to solar energy matters as may exist in his or her respective
(K) No action of the Board shall be binding unless taken on
the basis of a majority vote of all Board members.
The Western Solar Utilization Network Board of Directors shall
have all powers necessary and appropriate to effectuate the purposes
of this Agreement, including but not limited to the following:
(A) To contract, consistent with the purpose set forth in
Article III of this Agreement.
(B) To employ such staff as may be appropriate to carry out
the purpose of this Agreement. Subject to contractual obligations
to any agency of the United States Government, the Board shall
have complete authority over the employment f its chief staff
(C) To utilize such staff or other assistance as may be made
available to it by the Western Interstate Nuclear Board pursuant
to Article VII, section (b) of the Western Interstate Nuclear
(D) To establish and maintain such facilities as may be necessary
for the transacting of its business. The Board may acquire, hold,
and convey or dispose of personal property and possessory or
leasehold interests in real property.
(E) The Board may accept donations or grants of money, equipment,
supplies, materials, and services, from any state, from the United
States, or any subdivision or agency thereof, from any interstate
agency, or from any institution, person, firm, or corporation,
and may receive, utilize, and dispose of the same.
(A) It is contemplated that the full cost of all operations
and activities under this Agreement will be paid from funds received
pursuant to grants, contracts, or other means from the federal
government. Although the Board is empowered to receive donations
and grants from States and other sources, no State which becomes
a party to this Agreement can be compelled to contribute financial
support to effectuate the Agreement.
(B) The actions of the Western Solar Utilization Network,
its Board of Directors, it officers, and its employees create
no financial or other obligation or liability upon any party
State, nor upon any officer or employee of any party State.
(A) Unless otherwise determined by the Board, the fiscal year
of the Western Solar Utilization Network shall be from July 1
to June 30.
(B) The Board shall keep accurate accounts of all receipts
and disbursements. The receipts and disbursements of the Board
shall be subject to audit and accounting procedures to be established
under its bylaws.
(C) The Board annually shall make to the Western Interstate
Nuclear Board, and to the Governor of each State party to this
Agreement which is not a party to the Western Interstate Nuclear
Compact, a report covering the activities of the Board for the
(D)Copies of all budgets, studies, reports, and publications
of the Board shall be submitted to the Western Interstate Nuclear
Board for its information, and for such distribution as the Western
Interstate Nuclear Board may deem appropriate.
(A) Unless sooner terminated in accordance with this section,
this Agreement shall terminate upon the expiration of twenty
years from the date of its execution on behalf of the second.
(B) The Governor of any State for which this Agreement shall
have become effective may withdraw therefrom on behalf of his
or her state by written notification addressed to the Executive
Director and/or The Secretary of the Western Solar Utilization
Network Board of Directors at the principal office of Western
SUN to be effective ninety days after receipt.
(C) If at any time, because of withdrawals, fewer than two
States remain parties to this Agreement, the Agreement shall
(D) Upon termination of the Agreement, any assets acquired
or held under the Agreement shall be distributed in a manner
to be determined by the Western Solar Utilization Network Board
as constituted immediately before the termination becomes effective.
This order takes effect June 12, 1978
S/S Jay S. Hammond
Jay S. Hammond
Governor of Alaska