Okla. Stat. tit. 74, § 74-1051

The Southern States Energy Compact is hereby entered into by

this state with any and all other states legally joining therein in

accordance with its terms, in the form substantially as follows:

ARTICLE I. POLICY AND PURPOSE

The party states recognize that the proper employment and

conservation of energy and employment of energy-related facilities,

materials, and products, within the context of a responsible regard

for the environment, can assist substantially in the

industrialization of the South and the development of a balanced

economy for the region. They also recognize that optimum benefit

from and acquisition of energy resources and facilities require

systematic encouragement, guidance, and assistance from the party

states on a cooperative basis. It is the policy of the party states

to undertake such cooperation on a continuing basis; it is the

purpose of this Compact to provide the instruments and framework for

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such a cooperative effort to improve the economy of the South and

contribute to the individual and community well-being of the

region's people.

ARTICLE II. THE BOARD

(a) There is hereby created an agency of the party states to be

known as the "Southern States Energy Board", hereinafter called the

Board. The Board shall be composed of three (3) members from each

party state, one of whom shall be appointed or designated in each

state to represent the Governor, the State Senate and the State

House of Representatives, respectively. Each member shall be

designated or appointed in accordance with the law of the state

which he represents and serving and subject to removal in accordance

with such law. Any member of the Board may provide for the

discharge of his duties and the performance of his functions

thereon, either for the duration of his membership or for any lesser

period of time, by a deputy or assistant, if the laws of his state

make specific provision therefor. The federal government may be

represented without vote if provision is made by federal law for

such representation.

(b) Each party state shall each be entitled to one vote on the

Board to be determined by majority vote of each member or member's

representative from the party state present and voting on any

question. No action of the Board shall be binding unless taken at a

meeting at which a majority of all party states are represented and

unless a majority of the total number of votes on the Board are cast

in favor thereof.

(c) The Board shall have a seal.

(d) The Board shall elect annually, from among its members, a

chairman, a vice-chairman, and a treasurer. The Board shall appoint

an Executive Director who shall serve at its pleasure and who shall

also act as Secretary, and who, together with the treasurer, shall

be bonded in such amounts as the Board may require.

(e) The Executive Director, with the approval of the Board,

shall appoint and remove or discharge such personnel as may be

necessary for the performance of the Board's functions irrespective

of the civil service, personnel or other merit system laws of any of

the party states.

(f) The Board may establish and maintain, independently or in

conjunction with any one or more of the party states, a suitable

retirement system for its full-time employees. Employees of the

Board shall be eligible for social security coverage in respect of

old age and survivors insurance provided that the Board takes such

steps as may be necessary pursuant to federal law to participate in

such program of insurance as a governmental agency or unit. The

Board may establish and maintain or participate in such additional

programs of employee benefits as may be appropriate.

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erage in respect of

old age and survivors insurance provided that the Board takes such

steps as may be necessary pursuant to federal law to participate in

such program of insurance as a governmental agency or unit. The

Board may establish and maintain or participate in such additional

programs of employee benefits as may be appropriate.

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(g) The Board may borrow, accept, or contract for the services

of personnel from any state or the United States or any subdivision

or agency thereof, from any interstate agency, or from any

institution, person, firm or corporation.

(h) The Board may accept for any of its purposes and functions

under this Compact any and all donations, and grants of money,

equipment, supplies, materials, and services, conditional or

otherwise, from any state or the United States or any subdivision or

agency thereof, or interstate agency, or from any institution,

person, firm or corporation, and may receive, utilize and dispose of

the same.

(i) The Board may establish and maintain such facilities as may

be necessary for the transacting of its business. The Board may

acquire, hold, and convey real and personal property and any

interest therein.

(j) The Board shall adopt bylaws, rules and regulations for the

conduct of its business, and shall have the power to amend and

rescind these bylaws, rules, and regulations. The Board shall

publish its bylaws, rules, and regulations in convenient form and

shall file a copy thereof, and shall also file a copy of any

amendment thereto, with the appropriate agency or officer in each of

the party states.

(k) The Board annually shall make, to the governor of each party

state, a report covering the activities of the Board for the

preceding year, and embodying such recommendations as may have been

adopted by the Board, which report shall be transmitted to the

Legislature of said state. The Board may issue such additional

reports as it may deem desirable.

ARTICLE III. FINANCES

(a) The Board shall submit to the executive head or designated

officer or officers of each party state a budget of its estimated

expenditures for such period as may be required by the laws of that

jurisdiction for presentation to the Legislature thereof.

(b) Each of the Board's budgets of estimated expenditures shall

contain specific recommendations of the amount or amounts to be

appropriated by each of the party states. One-half (1/2) of the

total amount of each budget of estimated expenditures shall be

apportioned among the party states in equal shares; one-quarter

(1/4) of each such budget shall be apportioned among the party

states in accordance with the ratio of their populations to the

total population of the entire group of party states based on the

last Decennial Federal Census; and one-quarter (1/4) of each such

budget shall be apportioned among the party states on the basis of

the relative average per capita income of the inhabitants in each of

the party states based on the latest computations published by the

federal census-taking agency. Subject to appropriation by their

respective Legislatures, the Board shall be provided with such funds

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by each of the party states as are necessary to provide the means of

establishing and maintaining facilities, a staff of personnel, and

such activities as may be necessary to fulfill the powers and duties

imposed upon and entrusted to the Board.
appropriation by their

respective Legislatures, the Board shall be provided with such funds

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by each of the party states as are necessary to provide the means of

establishing and maintaining facilities, a staff of personnel, and

such activities as may be necessary to fulfill the powers and duties

imposed upon and entrusted to the Board.

(c) The Board may meet any of its obligations in whole or in

part with funds available to it under Article II (h) of this

Compact, provided that the Board takes specific action setting aside

such funds prior to the incurring of any obligation to be met in

whole or in part in this manner. Except where the Board makes use

of funds available to it under Article II (h) hereof, the Board

shall not incur any obligation prior to the allotment of funds by

the party jurisdictions adequate to meet the same.

(d) The Board shall keep accurate accounts of all receipts and

disbursements. The receipts and disbursements of the Board shall be

subject to the audit and accounting procedures established under its

bylaws. However, all receipts and disbursements of funds handled by

the Board shall be audited yearly by a qualified public accountant

and the report of the audit shall be included in and become a part

of the annual report of the Board.

(e) The accounts of the Board shall be open at any reasonable

time for inspection.

ARTICLE IV. ADVISORY COMMITTEES

The Board may establish such advisory and technical committees

as it may deem necessary, membership on which to include but not be

limited to private citizens, expert and lay personnel,

representatives of industry, labor, commerce, agriculture, civic

associations, medicine, education, voluntary health agencies, and

officials of local, state and federal government, and may cooperate

with and use the services of any such committees and the

organizations which they represent in furthering any of its

activities under this Compact.

ARTICLE V. POWERS

The Board shall have power to:

(a) Ascertain and analyze on a continuing basis the position of

the South with respect to energy, energy-related industries and

environmental concerns.

(b) Encourage the development, conservation and responsible use

of energy and energy-related facilities, installations, and products

as part of a balanced economy and healthy environment.

(c) Collect, correlate, and disseminate information relating to

civilian uses of energy and energy-related materials and products.

(d) Conduct, or cooperate in conducting, programs of training

for state and local personnel engaged in any aspect of:

(1) Energy, environment, and application of energy,

environmental, and related concerns to industry, medicine, or

education or the promotion or regulation thereof.

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(2) The formulation or administration of measures designed to

promote safety in any matter related to the development, use or

disposal of energy and energy-related materials, products,

installations, or wastes.

(e) Organize and conduct, or assist and cooperate in organizing

and conducting, demonstrations of energy product, material, or

equipment use and disposal and of proper techniques or processes for

the application of energy resources to the civilian economy or

general welfare.

(f) Undertake such nonregulatory functions with respect to

sources of radiation as may promote the economic development and

general welfare of the region.

(g) Study industrial, health, safety, and other standards, laws,

codes, rules, regulations, and administrative practices in or

related to energy and environmental fields.
ion of energy resources to the civilian economy or

general welfare.

(f) Undertake such nonregulatory functions with respect to

sources of radiation as may promote the economic development and

general welfare of the region.

(g) Study industrial, health, safety, and other standards, laws,

codes, rules, regulations, and administrative practices in or

related to energy and environmental fields.

(h) Recommend such changes in, or amendments or additions to,

the laws, codes, rules, regulations, administrative procedures and

practices or ordinances of the party states in any of the fields of

its interest and competence as in its judgment may be appropriate.

Any such recommendation shall be made through the appropriate state

agency with due consideration of the desirability of uniformity but

shall also give appropriate weight to any special circumstance which

may justify variations to meet local conditions.

(i) Prepare, publish and distribute, with or without charge,

such reports, bulletins, newsletters or other material as it deems

appropriate.

(j) Cooperate with the United States Department of Energy or any

agency successor thereto, any other officer or agency of the United

States, and any other governmental unit or agency or officer

thereof, and with any private persons or agencies in any of the

fields of its interests.

(k) Act as licensee of the United States Government or any party

state with respect to the conduct of any research activity requiring

such license and operate such research facility or undertake any

program pursuant thereto.

(l) Ascertain from time to time such methods, practices,

circumstances, and conditions as may bring about the prevention and

control of energy and environmental incidents in the area comprising

the party states, to coordinate the environmental and other energy-

related incident prevention and control plans and the work relating

thereto of the appropriate agencies of the party states and to

facilitate the rendering of aid by the party states to each other in

coping with energy and environmental incidents. The Board may

formulate and, in accordance with need from time to time, revise a

regional plan or regional plans for coping with energy and

environmental incidents within the territory of the party states as

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a whole or within any subregion or subregions of the geographic area

covered by this Compact.

ARTICLE VI. SUPPLEMENTARY AGREEMENTS

(a) To the extent that the Board has not undertaken an activity

or project which would be within its power under the provisions of

Article V of this Compact, any two or more of the party states,

acting by their duly constituted administrative officials, may enter

into supplementary agreements for the undertaking and continuance of

such an activity or project. Any such agreement shall specify its

purpose or purposes; its duration and the procedure for termination

thereof or withdrawal therefrom; the method of financing and

allocating the costs of the activity or project; and such other

matters as may be necessary or appropriate. No such supplementary

agreement entered into pursuant to this article shall become

effective prior to its submission to and approval by the Board. The

Board shall give such approval unless it finds that the

supplementary agreement or the activity or project contemplated

thereby is inconsistent with the provisions of this Compact or a

program or activity conducted by or participated in by the Board.

(b) Unless all of the party states participate in a

supplementary agreement, any cost or costs thereof shall be borne

separately by the states party thereto. However, the Board may

administer or otherwise assist in the operation of any supplementary

agreement.
d

thereby is inconsistent with the provisions of this Compact or a

program or activity conducted by or participated in by the Board.

(b) Unless all of the party states participate in a

supplementary agreement, any cost or costs thereof shall be borne

separately by the states party thereto. However, the Board may

administer or otherwise assist in the operation of any supplementary

agreement.

(c) No party to a supplementary agreement entered into pursuant

to this article shall be relieved thereby of any obligation or duty

assumed by said party state under or pursuant to this Compact,

except that timely and proper performance of such obligation or duty

by means of the supplementary agreement may be offered as

performance pursuant to the Compact.

ARTICLE VII. OTHER LAWS AND RELATIONSHIPS

Nothing in this Compact shall be construed to:

(a) Permit or require any person or other entity to avoid or

refuse compliance with any law, rule, regulation, order or ordinance

of a party state or subdivision thereof now or hereafter made,

enacted or in force.

(b) Limit, diminish, or otherwise impair jurisdiction exercised

by the United States Department of Energy, any agency successor

thereto, or any other federal department, agency or officer pursuant

to and in conformity with any valid and operative act of Congress.

(c) Alter the relations between the respective internal

responsibilities of the government of a party state and its

subdivisions.

(d) Permit or authorize the Board to exercise any regulatory

authority or to own or operate any nuclear reactor for the

generation of electric energy; nor shall the Board own or operate

any facility or installation for industrial or commercial purposes.

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ARTICLE VIII. ELIGIBLE PARTIES, ENTRY

INTO FORCE AND WITHDRAWAL

(a) Any or all of the states of Alabama, Arkansas, Delaware,

Florida, Georgia, Kentucky, Louisiana, Maryland, Mississippi,

Missouri, North Carolina, Oklahoma, South Carolina, Tennessee,

Texas, Virginia, West Virginia, the Commonwealth of Puerto Rico, and

the United States Virgin Islands shall be eligible to become party

to this Compact.

(b) As to any eligible party state, this Compact shall become

effective when its Legislature shall have enacted the same into law;

provided that it shall not become initially effective until enacted

into law by seven states.

(c) Any party state may withdraw from this Compact by enacting a

statute repealing the same, but no such withdrawal shall become

effective until the Governor of the withdrawing state shall have

sent formal notice in writing to the Governor of each other party

state informing said Governors of the action of the Legislature in

repealing the Compact and declaring an intention to withdraw.

ARTICLE IX. SEVERABILITY AND CONSTRUCTION

The provisions of this Compact and of any supplementary

agreement entered into hereunder shall be severable and if any

phrase, clause, sentence or provision of this Compact or such

supplementary agreement is declared to be contrary to the

constitution of any participating state or of the United States or

the applicability thereof to any government, agency, person, or

circumstance is held invalid, the validity of the remainder of this

Compact or such supplementary agreement and the applicability

thereof to any government, agency, person or circumstance shall not

be affected thereby. If this Compact or any supplementary agreement

entered into hereunder shall be held contrary to the constitution of

any state participating therein, the Compact or such supplementary

agreement shall remain in full force and effect as to the remaining

states and in full force and effect as to the state affected as to

all severable matters. The provisions of this Compact and of any

supplementary agreement entered into pursuant hereto shall be

liberally construed to effectuate the purpose thereof.