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Carter allows US to file identities of EEMC candidates under seal
Candidates narrowed down to 3 from 15
The federal court has authorized the U.S. government to file under seal the identities of those who have expressed interest in the position of the Engineering and Environmental Management Company, which will have the power to expeditiously complete some CUC projects.
In an order last week, U. S. District Court for the NMI designated judge David O. Carter allowed the U.S. government to file under seal the identities of the EEMCs that are up for the court’s consideration.
Carter also allowed the U.S. government to file under seal the information provided by the EEMCs and other information the U.S. deems confidential.
The U.S. government earlier notified the court that due to sensitive contracting and other information provided to the U.S. by the potential EEMCs, the U.S. seeks to file the identities of the proposed EEMC’s and the supporting information under seal.
In the U.S. government’s submission about EEMC candidates, U.S. Department of Justice senior attorney Bradley R. O’Brien said in order to focus on the best qualified EEMC candidates and to narrow the number of potential firms provided to the court, EPA independently reviewed the expressions of interest, which included the EEMC candidates’ qualifications, experience, and other relevant information.
O’Brien said EPA consulted with CUC to narrow the initial 15 expressions of interest to five EEMC candidates.
He said the EEMC candidates’ responses to additional information request were due Nov. 28, 2014, and EPA received four proposals after one firm withdrew.
He said EPA independently evaluated the remaining four candidates’ proposals and narrowed the EEMC candidates to three firms that are being provided for the court’s consideration.
O’Brien said CUC and the CNMI government have confirmed on Dec. 2, 2014, that CUC and the CNMI agree with the U.S.’ proposed EEMC candidates and that CUC and the CNMI will not propose additional EEMC candidates.
O’Brien said due to sensitive contracting information (e.g. billing rates) contained in the EEMC candidates’ responses to additional information request and the potential applicability of the confidential business information requirements, the U.S. is separately requesting the court for permission to identify the proposed EEMC candidates in a filing made under seal.
The U.S. is also asking the court for permission to submit, under seal, the additional information request and the applicable EEMC candidates’ responses to additional information request.
Carter granted the U.S. government’s requests.
Last September, Carter approved a settlement agreement entered by EPA, CUC, and the CNMI government that will require the CNMI government to, among other things, deposit over $22.8 million until 2018 to complete some stalled CUC projects.
In that September order, the parties were given 45 days to submit proposed potential EEMCs for court approval. Nov. 10, 2014, was the deadline for the 45-day requirement but the parties asked to extend the deadline by an additional 23 days. Carter approved the request.
The appointment of an EEMC shall be for five years, unless terminated earlier with the court’s approval.
The $22.8 million that the CNMI government will deposit is intended to reimburse the EEMC’s expenses and shall not be used for CUC’s day-to-day expenses. The funds shall be used solely for approved EEMC’s expenses for Stipulated Order 2 projects.
CUC currently has about $2.27 million in grant funding available for SO2 projects.
The SO2 projects approved for this funding include the CUC pipeline; tank erection cleanout and testing; secondary containment; and used oil disposal.
