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The National Power Plant Emergency Act, RPPL 8-34 2011

PALAU


OFFICE OF THE PRESIDENT
RPPL NO. 8-34


AN ACT


Authorizing the President to assume and exercise, at his sole discretion, all of the statutory authority and powers presently conferred upon the Board of Directors and management of the Palau Public Utilities Corporation; to authorize and appropriate the sum of up to $1,500,000.00 in local revenues from the National Treasury for emergency operations and emergency capital improvement projects, for disaster relief, including emergency operations, purchases and construction, resulting from the catastrophic fire at the Aimeliik Power Plant; and for other related purposes.


PURSUANT TO THE LEGISLATIVE AUTHORITY OF THE PRESIDENT UNDER ARTICLE VIII, ' 14 OF THE CONSTITUTION OF THE REPUBLIC OF PALAU, THE PEOPLE OF PALAU REPRESENTED IN THE OLBIIL ERA KELULAU DO ENACT AS FOLLOWS:


Section 1. Short Title. This Act may be cited as The National Power Plant Emergency Act.


Section 2. Purpose. On November 7, 2011, in accordance with Article VIII, Section 14 of the Palau Constitution, the President issued Presidential Declaration No. 11-15 declaring a State of Emergency due to the catastrophic fire at the Aimeliik Power Plant and temporarily assumed such legislative powers as may be necessary to afford immediate and specific relief to those lives or property threatened by the catastrophe. The purpose of this Act is to afford immediate and specific relief to the citizens of Palau whose lives and property are threatened by this catastrophe by authorizing the President to assume and exercise, at his sole discretion, all of the statutory authority and powers presently conferred upon the Board of Directors and management of the Palau Public Utilities Corporation (AP.U.C.@), and by providing sufficient funding for the prompt procurement of goods, equipment and services for emergency operations and emergency capital improvement projects, for disaster relief, including emergency operations, purchases and construction, resulting from the catastrophe so as to permit the Republic to respond to the catastrophe, restore essential services as quickly as possible, protect public health, welfare and safety in the aftermath of the catastrophe, and to investigate the, cause of the fire, assess responsibility and the extent of the damage, and to develop a plan of recovery.


Section 3. Amendments. Until such time that the President of the Republic of Palau (hereafter the APresident@), by Executive Order, reinstates the statutory authority of the Board of Directors and the General Manager of the P.U.C. as such existed prior to this Act, Sections 404-407 and 409-410, inclusive, of Title 37 of the Palau National Code are hereby amended as follows:


A' 404. Board of directors; terms, vacancies, quorum and compensation.


(a) The affairs of the P.U.C. shall be directed, and its corporate powers exercised, by the President.


(b) All powers vested in the P.U.C shall be exercised by the President, except to the extent that the President delegates powers to the Manager of the P.U.C. or to other persons.


' 407. Appointment of general manager.

(a) The President shall appoint a Manager of the P.U.C. to be its chief executive or shall contract managerial control to a third party other than the P.U.C. The President shall use his best efforts to appoint as Manager a person with appropriate training, broad experience and demonstrated ability in the operational, financial, personnel, and other aspects of managing a utility company or similar installation. The President shall fix the compensation of the Manager and said compensation shall be pursuant to a written contract of employment.


(b) The Manager shall have, in accordance with, the oversight of and policies established by the President, charge and control of the operation and maintenance of the facilities of the P.U.C., and of construction of any additions, modifications in or replacement of any part of such P.U.C. facilities. The powers of the Manager shall include:


(1) To ensure that all rules and regulations of the P.U.C. are enforced;


(2) To submit reports on the affairs of the P.U.C. as required by the President;


(3) To keep the President advised on the needs of the P.U.C. and to approve demands for payments of obligations within the purposes and amounts budgeted by the President;


(4) To prepare or cause to be prepared all plans and specifications for the construction and repair of works and facilities operated by the P.U.C.;


(5) Except as otherwise directed by the President, to select, hire and terminate the employees of the P.U.C., except as otherwise provided in this chapter; to contract for professional, legal, accounting, technical and advisory services; and to plan, organize, and control the services of such employees in the exercise of the powers of the P.U.C. under the general direction of the President and the policies established by the President.


(6) To cause to be compiled and published, within one hundred and twenty (120) days before the end of each fiscal year, a financial statement showing the results of operations for the preceding fiscal year and the financial status of the P.U.C. on the last day thereof. The publication shall be made in the manner provided by the President and shall be sent to both houses of the Olbiil Era Kelulau and the President of the Republic; and


(7) To perform such other and additional duties as the President may require.


' 409. Review of contracts.

The President shall insure that all legal agreements and contracts are reviewed and approved as to form by the Attorney General.


' 410. Review of major business negotiations.

Whenever the P.U.C. enters into business negotiations involving the transfer of operating or managerial control to a party other than the P.U.C. to act as manager, it shall notify the President of the Republic of Palau and the presiding officers of the Olbiil Era Kelulau in writing of these negotiations, and secure prior approval of the President.@


Section 4. Waiver of Procurement Laws and Regulations. Until such time that the President, by Executive Order, reinstates the statutory authority of the Board of Directors and the General Manager of the P.U.C. as such existed prior to the effective date of this Act, the President shall have the authority, at his sole discretion, to exercise all of his authority and powers in relation to the P.U.C., specifically including without limitation the authority to enter into contracts, without regard to any existing procurement laws or regulations; and furthermore, the President may promulgate and issue new policies, regulations, rules, or tariffs without regard to the requirements of Chapter 1 of Title 6 of the Palau National Code, the so-called AAdministrative Procedures Act@, or to any other existing laws, regulations or procedures. Any contract entered into by the President, and any new policies, regulations, rules, or tariffs issued by the President, shall survive the President=s reinstatement of the statutory authority of the Board of Directors of the P.U.C. as it existed Prior to this Act.


Section 5. Status of Current Members of P.U.C. Board of Directors. Notwithstanding any of the foregoing amendments, the current members of the P.U.C. Board of Directors shall retain their status as members pending the President=s reinstatement of the statutory authority of the Board of Directors and the General Manager of the P.U.C. as such existed prior to this Act; provided, however, that the President shall have the authority, at his sole discretion, to remove existing members of the Board of Directors and to terminate employees of the P.U.C., with or without good cause, subject only to the provisions of any existing contracts regarding severance pay that the P.U.C. may have with such employees.


Section 6. Authorization and Appropriation. The sum of $1,500,000.00 is hereby authorized to be appropriated and is appropriated for expenditure and obligation for the purpose of covering the prompt procurement of goods, equipment and services and payment of the costs related to those actions described in Section 2 above. The total appropriation shall be made up of the following available revenues: The amount of $1,250,000 shall come from local revenues, and the amount of $250,000 shall come from the ROP UMDA dividend.


Section 7. Accountability. The President shall transmit at least quarterly to the presiding officers of the Olbiil Era Kelulau a report detailing all allotments and disbursements made pursuant to the appropriation provided in this Act.


Section 8. Severability. If any provision of this Act shall be held invalid, such invalidity shall not affect the other provisions of the Act which can be given effect without such invalid provision, and to this extent, the provisions of this Act are severable.


Section 9. Effective Date. This Act shall take effect upon the approval of the President.


Approved into law this 8th day of November, 2011.


/s/
Johnson Toribiong
President
Republic of Palau


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