The current term of Gilbane Federal, a federally appointed Engineering and Environmental Management Company or EEMC, will expire on Feb. 5, 2021.
O’Brien told the court that the Commonwealth Utilities Corp. and the CNMI government also want to the term of Gilbane Federal to be extended.
In November 2008, after the U.S. Environmental Protection Agency cited CUC for violation of the Clean Water Act and the Safe Drinking Water Act, the federal court issued Stipulated Orders 1 and 2.
SO1 focuses on drinking water issues while SO2 concentrates on oil conformance matters such as compelling CUC to repair and replace oil storage and operation infrastructure, manage tank and pipeline facilities, and require spill and emergency response equipment and protocols.
On Sept. 26, 2014, the court appointed Gilbane Federal as EEMC to oversee the SO2 compliance of multiple CUC projects. Gilbane Federal’s term was later extended to Feb. 5, 2021.
“To allow the EEMC to complete SO2 projects and due in part to unavoidable delays caused by Covid-19 difficulties, the parties respectfully request that Gilbane’s EEMC term be extended approximately one year until Feb. 11, 2022,” O’Brien told the court.
He said since Gilbane was appointed as EEMC, a number of important SO2 projects had been completed.
These include 1) the construction of an underground pipeline that connects Power Plants 1 and 2 to the port terminal; 2) the repair of Tank 103; 3) the repair of a secondary containment at PPs 1 and 2 and the Rota Power Plant; 4) the selection and shipment of an Atlas incinerator unit to the CNMI; and 5) the installation of three fuel storage tanks at Power Plant 4.
O’Brien said there are other projects that have not been completed.
“Extending the EEMC term also allows Gilbane and the parties to evaluate and recommend for court approval additional projects that are intended to be completed prior to the expiration of the EEMC term. The nature of these future projects will depend largely upon the funding remaining after the current projects are completed, but may focus on additional drainage projects,” O’Brien said.
He has also asked designated Judge David O. Carter to approve $204,479.34 in payment to the EEMC for CUC projects.
Judge Carter has not yet issued any order regarding this request.
