EPA ID’s applicants for construction manager post for CUC oil pipeline

The U.S. Environmental Protection Agency has identified five potential applicants for the position of construction manager to oversee the design and implementation of the much delayed construction of the Commonwealth Utilities Corp.’s new oil pipeline.

EPA counsel Bradley R. O’Brien on Thursday informed U.S. District Court for the NMI designated judge David O. Carter, CUC legal counsel Deborah E. Fisher, and Attorney General Edward T. Buckingham, that the information about the construction manager position applicants was already forwarded to CUC on Wednesday.

O’Brien did not include in his letter to Carter, Fisher, and Buckingham the identities of the applicants due to business confidentiality reasons.

O’Brien, however, stated that the identities of the applicants can be provided to the district court upon request.

As part of recent discussions about the CUC pipeline project, Judge Carter requested CUC and EPA to seek to identify potential applicants for the construction manager (CM) position.

O’Brien said notwithstanding that EPA has provided the identities of potential CM applicants to CUC as directed by the court, EPA noted that it is important to continue to recognize that it is CUC’s sole responsibility under a stipulated order to seek and identity a competent CM, to retain the CM upon EPA’s approval, and to compensate the CM.

O’Brien said EPA wants to make it clear that it is incumbent upon CUC to draft and forward a request for proposal to the applicants and that as these applicants are private businesses, EPA should not be seen as endorsing or recommending the applicants.

The counsel clarified that EPA’s forwarding the CM application information to CUC does not constitute EPA’s approval of these applicants.

O’Brien said if CUC proposes to retain any applicant, the utilities agency and the applicant will be required to fully comply with the stipulated order’s approval process and be approved by EPA.

The counsel said the U.S. government appreciates Judge Carter’s continuing attention to the design and construction of the pipeline.

“It is our hope that EPA providing potential CM information to CUC will assist in completing the much delayed construction of the CUC Pipeline,” O’Brien added.

In the latter part of December 2011, CUC legal counsel Fisher disclosed to the district court that the retained CM has left the project.

Fisher notified the court that without the CM, they believe this will delay the construction date.

The CUC pipeline is an 8-inch aboveground receiving pipeline that delivers fuel to CUC power plants 1 and 2 in Lower Base from the Mobil oil facility.

EPA had stated that until the pipeline is properly repaired or replaced, it poses a threat to United States waters.

EPA and CUC first agreed to complete the project by Feb. 24, 2011. They agreed to have a new deadline by June 1, 2011. CUC completed a design, but failed to construct the pipeline by this extended deadline.

The latest deadline is March 15, 2012.