NMA Interpretations
Non-Traditional Projects Under the NMAPC Program
Newspapers all across the country trumpet alarms of the current energy crisis. Television is rife with accounts of blackouts and spikes in energy prices. President Bush has placed a national energy policy on the forefront of his administration’s agenda. Press releases daily provide a litany of approvals by states to erect new power generating facilities.One might think at first blush that the installation of new power generation facilities as "greenfield" sites and the National Maintenance Agreements would have very little in common, and for the most part that is true. However, there have recently been a number instances where so-called, "peaking units", have been and are being built utilizing the terms and conditions of the National Maintenance Agreements.
Obviously, building these types of facilities, which are typically simple or combined cycle units, where no previous unit exists does not meet the traditional definition of maintenance as defined in Article V of the Agreements. However, given the virtual chaos being exhibited within the utility industry through out the United States as a result of the ongoing efforts to deregulate the industry, a number of traditional utility owners and/or signatory contractors along with the local building trades crafts in certain areas who have historically performed work under the program have determined that the NMAPC program through its goal of fostering tripartite partnerships, provides an element of mutual stability for all affected parties. This tripartite partnership evokes the vision of the "three-legged stool" comprised of the owner, contractor and building trades communities working together to create a solid foundation upon which to launch a successful project. With this in mind, owners and contractors have to approach the Committee to utilize the NMA on projects not typically covered by the Agreement. This has been the case on a number of these "peaking unit" projects.
This is not intended to give the impression that the NMAPC Program solicits "new" work. However, in situations such as those highlighted above, when either an owner, or contractor on behalf of an owner, propose use of the Agreements for work traditionally not covered, and the local building trades council indicates in writing that it is amenable to using the NMA for the work in question, the Committee has typically offered a formal endorsement of these types of non-traditional projects.
August 20, 2004
