Sununu’s Oct. 16 executive order notes that “pursuit of an opt-out plan may subject New Hampshire to financial risks if necessary regulatory approvals are not received or if Rivada is unable to successfully provide and implement is opt-out plan.” With this in mind, the order created the Opt-Out Review Committee, a five-member committee tasked with conducting “a thorough review of both (1) the regulatory and financial risks of the pursuit of an opt-out plan and (2) the financial viability of Rivada’s opt-out plan.”

According to a spokesman in Sununu’s office, the five members of the Opt-Out Review Committee are:

  • Charlie Arlinghaus, commissioner of the state’s Department of Administrative Services;
  • Jared Chicoine, director of the state’s Office of Strategic Initiatives;
  • State Treasurer Bill Dwyer;
  • Attorney General Gordon MacDonald; and
  • James Key-Wallace, executive director of the state’s Business Finance Authority.

Sununu’s executive order calls for the Opt-Out Review Committee to conduct a review and issue a report addressing at least the following areas:

  • “A review and summary of all regulatory approvals required for the successful pursuit of an opt-out plan and an assessment of the prospects for obtaining those approvals for Rivada’s opt-out plan;
  • “An assessment of the financial risks to the state of New Hampshire in the event any necessary regulatory approvals are not obtained;
  • “A summary of any stipulations, conditions or other provisions that the committee feels should be included in a potential final contract with Rivada;
  • “A due-diligence report on the financial viability of Rivada’s opt-out plan; and
  • “An assessment of the financial risks to the state of New Hampshire in the event that Rivada is unable to complete the provision and implementation of its opt-out plan.”