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CNMI gets more time to file notice of ATP for $5M for CUC projects
The federal court has approved a request by the Commonwealth Utilities Corp. and other parties to extend the deadline for the CNMI government to file with the court its notice of authorization to proceed for $5 million funding for some stalled CUC projects.
U.S. District Court for the NMI designated judge David O. Carter allowed the CNMI government to file its notice of authorization to proceed on or before March 1, 2017.
The CNMI must deposit $5 million into the court’s registry or file a notice with the court of the U.S. Department of the Interior’s authorization to proceed for funding stipulated order 2 projects by Feb. 1, 2017.
The request for extension of deadline was jointly filed last Wednesday by CUC legal counsel James S. Sirok, U.S. Department of Justice environmental enforcement section senior attorney Bradley R. O’Brien, and CNMI special assistant attorney general Teresita J. Sablan.
The lawyers stated that the U.S., including the Environmental Protection Agency and the Engineering and Environmental Management Company have been working to obtain an ATP to devote $5 million to stipulated order 2 projects.
However, the lawyers said, it has become apparent that despite all efforts of the parties and the EEMC, an ATP will not be issued on or before Feb. 1, 2017.
They said the delay in the ATP is because the Office of Insular Affairs is currently operating a continuing resolution through April 28, 2017, and issues surrounding the approval and completion of the CNMI’s single audit.
To allow additional time for the CNMI to obtain the requisite ATP, the parties agreed to extend the deadline to March 1, 2017.
The lawyers said the CNMI will continue to work with OIA, the parties, and the EEMC to facilitate the grant award process and to explore the option of reimbursing the court registry with grant funds.
Stipulated order 2 projects refer to the smart pigging of the new CUC oil pipeline; waste management of power plants 1 and 2 on Saipan; engineering and design of facility drainage improvements for power plants 1 and 2; soil cleanup for power plant 1; and construction management by EEMC.
