PACIFIC NORTHWEST ELECTRIC POWER
AND CONSERVATION PLANNING COUNCIL:
CHARTER OF THE INDEPENDENT ECONOMIC ANALYSIS BOARD (June 2007)
1. Official Designation: This advisory committee will be known
as the Pacific Northwest Electric Power and Conservation Planning Council's
Independent Economic Analysis Board (Independent Economic Analysis Board).
2. Background: The Northwest Power Act, P.L. 96-501, 16
U.S.C. ?839 et seq. in Section 4(h)(1)(A), requires the Council
to develop a fish and wildlife program for the Columbia River Basin. The Act
requires the Council to “utilize, where equally effective alternative means of
achieving the same sound biological objective exist, the alternative with the
minimum economic cost.” (Section 4(h)(6)(C)). The negotiation of a federal
memorandum of agreement on Bonneville spending for fish and wildlife measures
also underscores the importance of cost-effective fish and wildlife investments.
In addition, federal legislation adopted in 1996 requires cost-effectiveness
evaluation in prioritizing fish and wildlife measures. The Independent Economic
Analysis Board is intended to provide the Council with advice and an increased
analytical capability to help bring economics to bear in determining and
prioritizing fish recovery measures. This advisory committee is established
as part of a network of advisory committees satisfying the Council's obligation
under the Act to establish a Scientific and Statistical Advisory Committee.
16 U.S.C. §839b(c)(11). Under section 4(a)(4) of the Act, the terms of the
Federal Advisory Committee Act, 5 U.S.C. Appendix I, Sections 1-14, apply
“to the extent appropriate” to the Council's advisory committees. 16 U.S.C.
§839b(a)(4).
3. Objectives and Scope of Activity: The Independent Economic
Analysis Board will advise the Council on the appropriate methods of economic
analysis for proposed fish recovery measures. This advice will include the
appropriate role and limits of economic analysis in making policy decisions.
The Independent Economic Analysis Board will fulfill this role by:
(A) Interacting as a committee with the
Council regarding methods of economic analysis for alternative fish recovery measures.
(B) Assisting the Council to evaluate new
analytical tools, and advising on the most appropriate study designs.
(C) Helping to identify sources of
information and data.
(D) Performing specific tasks
assigned by the Council on a cost reimbursement basis.
(E) Assisting in the review and
interpretation of study results.
4. Official to Whom the Advisory Committee Reports: The
Independent Economic Analysis Board will report to the Executive Director
of the Council.
5. Authority of the Advisory Committee: The Independent
Economic Analysis Board will serve in an advisory capacity only. Neither
the Committee nor its members are authorized to make statements or
commitments on behalf of the Council. Committee members will not be
considered to be members of the Council staff.
7. Advisory Committee Management Officer: The Advisory
Committee Management Officer for the Independent Economic Analysis Board
will be the Director of the Council's Fish and Wildlife Division. The
Management Officer will designate members of the Council's staff to attend
meetings of the Committee.
8. Staff Coordinator: A Staff Coordinator for the
Independent Economic Analysis Board will be appointed by the management
officer. The Staff Coordinator will be responsible for organizing
meetings, coordinating work with the Council, and managing the business
functions.
9. Appointment of Independent Economic Analysis Board Members:
Members will be appointed through a process of nomination, screening by a
peer group of economists, and Council verification of independence.
Nominations will be solicited through a public announcement of intent
to appoint a new member or members. Applications will be screened and
ranked by a nominating committee composed of 3 regional economists chosen,
if possible, from the Board of Directors of the Pacific Northwest Regional
Economic Conference and assisted by the Staff Coordinator. The nominating
committee will submit its recommendations to the Council who will make
the final selection based on the committee’s recommendations and public
comment regarding qualifications and perceived independence. In addition
to the candidate(s) recommended to the Council, the nominating committee
will also name two alternates so that if a vacancy on the board occurs,
the alternate candidates may be considered, in turn, for appointment.
10. Length of Board Membership: Independent Economic Analysis
Board members will serve four year terms. Terms will be staggered to maintain
some continuity to the board at all times. Members may apply and be reappointed
to the board through the nomination process.
11. Chairperson:
(A) The Chairperson will be
elected by the Independent Economic Analysis Board.
(B) The Chairperson may be called
upon to report to the Executive Director of the Council on appropriate
matters, including the Advisory Committee's progress on the tasks
described in Part 3 of this Charter.
(C) The duties of the Chairperson
will include presiding over Independent Economic Analysis Board meetings,
ensuring that detailed minutes of such meetings are prepared and submitted
to the Executive Director of the Council in a timely manner, and
maintaining communication between the Committee and the Council's staff.
(D) The Chairperson will certify
detailed minutes of meetings of the Independent Economic Analysis Board.
The minutes should include a description of matters discussed, conclusions
reached, actions taken, persons invited to meet with the Committee, and
persons in attendance. The minutes also will include copies of reports
received, issued or approved by the Committee. Minutes of meetings will be
prepared and released within ten days of the meeting, unless an extension
is granted by the Management Officer. The Management Officer will
distribute copies of the minutes to members of the Committee and the other
interested persons.
(E) Small sub-groups of the
Independent Economic Analysis Board may be established by the Chairperson
of the Committee to undertake particular aspects of the Committee's work.
Methods for organizing the work and procedures of the Committee must
follow the scope of responsibilities assigned to the Committee by the
Council. The work of the staff for the Committee will include making
arrangements for Committee meetings, solving logistical problems, and
providing clerical services.
12. Vice-Chairperson: A Vice-Chairperson may be appointed
by the Independent Economic Analysis Board. The Vice-Chairperson will
perform the duties of the Chairperson of the Independent Economic Analysis
Board in the absence of the Chairperson, and such other duties as the
Chairperson of the Committee may assign.
13. Policy: The advisory committee policy approved and
adopted by the Council on May 17, 1982, as amended from time to time, will
apply to the Independent Economic Analysis Board.
15. Conflict of Interest Guidelines: For the Independent Economic
Analysis Board (IEAB) to function effectively, it must maintain its status and
credibility as a deliberative scientific board. Members must not only avoid
activities that create a conflict of interest, but those activities that may
represent a significant appearance of conflict of interest or otherwise impair
the credibility or status of the board. In addition, members of the IEAB should
not be perceived as having a bias in matters likely to be addressed by the board.
Given the controversial nature of many of the questions and issues that the IEAB
must deal with, questionable professional or personal activities could easily
undermine the effectiveness of the individual members and ultimately the IEAB
as a whole. The goal of establishing these conflict of interest and bias
guidelines is to maintain the integrity of IEAB opinions. The conflict guidelines
are based on a modified from ISAB Terms of Reference August 20, 1996, amended December
2, 2002, and provide consistent policies among the Council’s independent scientific
review boards (IEAB, ISRP, and ISAB).
(A) Definitions of “Bias” and “Conflict of Interest”:
“Bias” relates to views stated or positions taken that are largely intellectually motivated or that
arise from the close identification or association with a particular point of view or the positions
or perspectives of a particular group. Such potential sources of bias are not necessarily
disqualifying for purposes of IEAB service. Indeed, membership of the IEAB is intended to include
individuals with a variety of interests, backgrounds and expertise. However, where bias impairs
a member’s ability to view matters in a scientific manner and give fair consideration to new
information it can jeopardize the member’s usefulness to the board.
“Conflict of interest” means any financial or other interest that conflicts with the service
of the individual because it 1) impairs the individual’s objectivity or 2) could create an unfair
competitive advantage for any person or organization. Conflict of interest requirements are
objective and prophylactic. They are not an assessment of one's actual behavior or character,
one's ability to act objectively despite the conflicting interest, or one's relative insensitivity
to particular dollar amounts of specific assets because of one's personal wealth. Conflict of
interest requirements are objective standards designed to eliminate certain specific, potentially
compromising situations from arising, and thereby to protect the individual, the other members of
the IEAB, and the public interest. The individual, the committee, and the IEAB should not be
placed in a situation in which others could reasonably question, and perhaps discount or dismiss,
the IEAB’s work simply because of the existence of conflicting interests.
(B) Examples of Activities that Should Be Avoided:
(1) Members should avoid direct involvement in or public
endorsement of projects or activities that will likely be subject to IEAB review such as those
connected to the Fish and Wildlife Program of the Northwest Power Planning Council. Such involvement
would create a conflict of interest that would preclude participation of that member in the review
of a project or activity, and could lead to questions regarding the ability of the IEAB as a whole
to judge the merits of the subject research objectively or to provide objective scientific advice.
(2) Members should avoid financial relationships
with organizations receiving substantial economic benefit from the programs and activities connected
to the Fish and Wildlife Program of the Northwest Power Planning Council. Such a relationship could
potentially create a conflict of interest, particularly if the IEAB is asked to review the scientific
merits of a project being proposed or conducted by the employing organization.
(3) Members, as individuals, should avoid taking public
positions on issues related to the Fish and Wildlife Program of the Northwest Power Planning Council.
Members should be especially conscientious in ensuring that their opinions as individuals are not
perceived or construed to be those of the board or to result from board activities.
(4) Members should to the extent practicable avoid
identification as a major advocate for particular scientific, intellectual, or social causes that
would give rise to the appearance of undue bias relative to matters likely to come before the board.
(C) Procedures:
(1) The selection criteria for IEAB members are intended
to screen out applicants that may have significant real or perceived conflicts or bias. The specific
selection criterion used is, “Ability to provide credible advice and analysis that are objective and
independent, and widely perceived to be so.”
(2) At the beginning of each two-year period following
the renewal of the IEAB charter and appointment of four new members, each member of the IEAB will disclose
his or her primary areas of activity and business associations. Any potential conflicts of interest or
sources of bias will be proclaimed in a regularly scheduled meeting of the IEAB. It is not expected that
any serious problems will be identified in this process because potential members are screened for obvious
or apparent conflicts during the appointment process.
(3) During the conduct of any IEAB analytical task, members
will disclose any potential conflicts of interest or bias they may have with regard to the analysis proposed.
If it is clear that an actual or perceived bias or conflict of interest exists for an IEAB member, there are
alternative remedies available depending on the nature and extent of the problem.
- The member can recuse him or herself from all deliberations and decisions on matters arising in
the course of the review for which that individual has a conflict of interest. The IEAB will
include such notification in the minutes of the meeting following such notice and recusal.
- The member can disengage from the outside activity that creates the conflict of interest;
- The member can resign from the IEAB.
15. Estimated Frequency of Committee Meetings: The Chairperson of the Independent
Economic Analysis Board, after consultation with the Management Officer, or his designee, will
call meetings as necessary. All meetings will be open to the public, unless closed pursuant to
5 U.S.C. §552b(c). Timely notice of meetings, including agendas, will be given. Interested persons
may attend Committee meetings and appear before or file statements with the Committee, subject
to such reasonable rules as the Committee may prescribe.
16. Reimbursement of Expenses: The Council will reimburse Independent Economic
Analysis Board members for their time, as determined by the Council, and travel costs, including
per diem in lieu of subsistence in accordance with the Council’s travel regulations for
contractors and advisory committee members, for the purpose of attending Committee meetings
as authorized by 5 U.S.C. §5703. In addition, the Council may contract with Board members
or others to carry out specific task assignments. In particular cases, and with Council
approval, the Independent Economic Analysis Board may recommend the use of consultants to
accomplish an assigned task.
17. Duration: The Independent Economic Analysis Board will
terminate two years from the filing date of this Charter, unless renewed
in accordance with the Federal Advisory Committee Act. All members of the
Committee serve at the pleasure of the Council.
This Charter for the Independent Economic Analysis Board was approved and adopted at a duly called meeting of the Pacific Northwest Power and Conservation Planning Council, June 13, 2007, in Bonners Ferry, Idaho.
PACIFIC NORTHWEST ELECTRIC POWER
AND CONSERVATION PLANNING COUNCIL
By: Tom Karier, Chair
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