Notice of First Amendment to Compact With the Republic of Ghana, 30988-30991 [2021-12124]
Download as PDF
<![CDATA[
30988
Federal Register / Vol. 86, No. 110 / Thursday, June 10, 2021 / Notices
monitoring system, or a combination of
both. Section 57.2229 applies to
underground metal and nonmetal mines
categorized as I–A, III, and V–A mines
where the atmosphere is tested for both
methane and carbon dioxide. Section
57.22230 applies to underground metal
and nonmetal mines categorized as II–
A mines where the atmosphere is tested
for methane. Where examinations
disclose hazardous conditions, affected
miners must be informed. Sections
57.22229(d) and 57.22230(c) require that
the person performing the tests certify
by signature and date that the tests have
been conducted. Certifications of
examinations shall be kept for at least 1
year and made available to authorized
representatives of the Secretary.
khammond on DSKJM1Z7X2PROD with NOTICES
II. Desired Focus of Comments
MSHA is soliciting comments
concerning the proposed information
collection related to Notification of
Methane Detected in Underground
Metal and Nonmetal Mine Atmospheres.
MSHA is particularly interested in
comments that:
• Evaluate whether the collection of
information is necessary for the proper
performance of the functions of the
Agency, including whether the
information has practical utility;
• Evaluate the accuracy of MSHA’s
estimate of the burden of the collection
of information, including the validity of
the methodology and assumptions used;
• Suggest methods to enhance the
quality, utility, and clarity of the
information to be collected; and
• Minimize the burden of the
collection of information on those who
are to respond, including through the
use of appropriate automated,
electronic, mechanical, or other
technological collection techniques or
other forms of information technology,
e.g., permitting electronic submission of
responses.
Background documents related to this
information collection request are
available at https://regulations.gov and
in DOL–MSHA located at 201 12th
Street South, Suite 4E401, Arlington,
VA 22202–5452. Questions about the
information collection requirements
may be directed to the person listed in
the FOR FURTHER INFORMATION section of
this notice.
III. Current Actions
This information collection request
concerns provisions for Notification of
Methane Detected in Underground
Metal and Nonmetal Mine Atmospheres.
MSHA has updated the data with
respect to the number of respondents,
responses, burden hours, and burden
costs supporting this information
VerDate Sep<11>2014
17:15 Jun 09, 2021
Jkt 253001
collection request from the previous
information collection request.
Type of Review: Extension, without
change, of a currently approved
collection.
Agency: Mine Safety and Health
Administration.
OMB Number: 1219–0103.
Affected Public: Business or other forprofit.
Number of Respondents: 6.
Frequency: On occasion.
Number of Responses: 319.
Annual Burden Hours: 27 hours.
Annual Respondent or Recordkeeper
Cost: $0.
Comments submitted in response to
this notice will be summarized in the
request for Office of Management and
Budget approval of the proposed
information collection request; they will
become a matter of public record and
will be available at https://
www.reginfo.gov.
Jessica Senk,
Certifying Officer.
[FR Doc. 2021–12159 Filed 6–9–21; 8:45 am]
BILLING CODE 4510–43–P
MILLENNIUM CHALLENGE
CORPORATION
[MCC FR 21–05]
Notice of First Amendment to Compact
With the Republic of Ghana
Millennium Challenge
Corporation.
ACTION: Notice.
AGENCY:
In accordance with the
Millennium Challenge Act of 2003, as
amended, the Millennium Challenge
Corporation is publishing a summary,
justification, and full text of the
proposed First Amendment to
Millennium Challenge Compact
between the United States of America,
acting through the Millennium
Challenge Corporation, and the
Republic of Ghana. Representatives of
the United States Government and the
Government of Ghana plan to conclude
the Amendment in June 2021.
SUMMARY:
(Authority: 22 U.S.C. 7708 (i) (2))
Dated: June 4, 2021.
Thomas G. Hohenthaner,
Acting VP/General Counsel and Corporate
Secretary.
Summary of First Amendment to
Millennium Challenge Compact With
the Republic of Ghana
The Board of Directors of the
Millennium Challenge Corporation
(‘‘MCC’’) has approved an amendment
PO 00000
Frm 00079
Fmt 4703
Sfmt 4703
(the ‘‘Amendment’’) to the existing
US$308.2 million, five-year Millennium
Challenge Compact between the United
States of America, acting through MCC,
and the Republic of Ghana (the
‘‘Compact’’).
Background
The Compact was signed August 5,
2014 and entered into force on
September 6, 2016. The Compact aims
to improve Ghana’s power sector
through investments that provide more
reliable and affordable electricity to
Ghana’s businesses and households.
Compact projects focus on improving
the infrastructure in the country’s
southern electricity distribution
network, advancing energy efficiency
programs, increasing power reliability
and access to key markets, and
strengthening Ghana’s electricity sector
regulatory institutions. The investment
strategy is based on an integrated loss
management approach to reduce
technical and commercial losses in the
distribution system, reduce distribution
system vulnerability, and reduce the
frequency and duration of power
outages.
Scope of the Amendment
MCC proposes to extend the term of
the Compact for an additional ninemonths to June 6, 2022 and to provide
additional funding up to $7,651,395.
The term extension is necessary to
mitigate implementation delays due to
the COVID–19 pandemic and to
complete infrastructure projects as
originally contemplated. The proposed
additional funding will be used to cover
additional program administration and
related oversight costs associated with
extending the Compact’s term.
Justification for the Amendment
In late January 2020, MCC received
the first reports from Ghana of COVID–
19-related manufacturing delays from
equipment suppliers. On March 12,
2020, the Government of Ghana
confirmed its first two cases of COVID–
19 and later announced measures to
prevent and control the virus’ spread.
These included mandated social
distancing, restrictions on foreign
national entry to the country, border
closures, and partial lockdowns across
major cities, including the capital city of
Accra, the location of major compact
project sites. The impact of these
measures was immediate and seriously
affected the implementation timeline of
compact activities.
Measures to mitigate the spread of
COVID–19 led to global supply chain
disruptions and restrictions on the
movement of technical experts, project
E:\FR\FM\10JNN1.SGM
10JNN1
Federal Register / Vol. 86, No. 110 / Thursday, June 10, 2021 / Notices
management staff, consultants, and
contractors locally and internationally,
thereby slowing procurements, the
delivery of equipment and materials,
factory testing and acceptance of key
components, installation of equipment
at project sites, and physical activity on
project sites. In addition, temporary
shutdowns of work sites, temporary
government office closures, changes in
priorities by government implementing
entities, and COVID–19 infections
among government staff and the
consultants and contractors working on
the projects have disrupted compact
implementation.
Extending the compact term will
enable MCC and the Government of
Ghana to complete and hand over all
ongoing projects to the beneficiary
institutions at the required quality,
without compromising health, safety,
and environmental standards, and will
reduce sustainability risks through the
necessary attention to testing,
commissioning, training of utility
operators and technicians, and
additional oversight during the
commencement of the defects
notification periods associated with
these projects. As COVID–19 has
disrupted program activities and
timelines, an extended compact term
will maximize long-term results,
benefits for the citizens of Ghana, and
MCC’s return on investment, and benefit
the compact program as a whole. The
additional MCC funding is necessary for
and will be used to support oversight
and other administrative functions
during the additional nine months of
the compact term.
First Amendment to Millennium
Challenge Compact Between the United
States of America, Acting Through the
Millennium Challenge Corporation and
the Republic of Ghana
khammond on DSKJM1Z7X2PROD with NOTICES
First Amendment to Millennium
Challenge Compact
This First Amendment to Millennium
Challenge Compact (this
‘‘Amendment’’), is made by and
between the United States of America,
acting through the Millennium
Challenge Corporation, a United States
government corporation (‘‘MCC’’), and
the Republic of Ghana, acting through
its government (the ‘‘Government’’)
(each referred to herein individually as
a ‘‘Party’’ and collectively, as the
‘‘Parties’’). All capitalized terms used in
this Amendment that are not otherwise
defined herein have the meanings given
to such terms in the Compact (as
defined below).
VerDate Sep<11>2014
17:15 Jun 09, 2021
Jkt 253001
Recitals
Whereas, the Parties signed that
certain Millennium Challenge Compact
by and between the United States of
America, acting through MCC, and the
Republic of Ghana, on August 5, 2014
(as modified, the ‘‘Compact’’);
Whereas, Section 7.4 of the Compact
provides for a Compact Term of five (5)
years after its entry into force;
Whereas, the Compact entered into
force on September 6, 2016;
Whereas, implementation of the
compact program has been adversely
affected and delayed by the coronavirus
pandemic;
Whereas, the Parties now desire to
extend the Compact Term by an
additional nine (9) months (the
‘‘Extension’’), and to increase assistance
under the Compact for related
administrative and oversight costs, to
allow the Government more time to
implement and complete the Projects in
order to fully achieve the Compact Goal,
Project Objectives and Program
Objectives; and
Whereas, pursuant to Section 6.2(a) of
the Compact, the Parties desire to
amend the Compact as more fully
described herein to memorialize the
Extension.
Now, therefore, the Parties hereby
agree as follows:
Amendments
1. Amendment to Section 2.1.
Section 2.1 (Program Funding) of the
Compact is amended and restated to
read as follows:
‘‘Section 2.1 Program Funding. Upon
entry into force of this Compact in
accordance with Section 7.3, MCC will
grant to the Government, under the
terms of this Compact, an amount not to
exceed Three Hundred One Million,
Nine Hundred Seventy-Four Thousand,
Forty-Six United States Dollars
(US$301,974,046) (‘‘Program Funding’’)
for use by the Government to implement
the Program. The allocation of Program
Funding is generally described in
Annex II.’’
2. Amendment to Section 2.2.
Section 2.2(a) (Compact
Implementation Funding) of the
Compact is amended and restated to
read as follows:
‘‘(a) Upon the signing of this Compact,
MCC will grant to the Government,
under the terms of this Compact and in
addition to the Program Funding
described in Section 2.1, an amount not
to exceed Thirteen Million Eight
Hundred Seventy-Seven Thousand,
Three Hundred Forty-Nine United
States Dollars (US$13,877,349)
(‘‘Compact Implementation Funding’’)
PO 00000
Frm 00080
Fmt 4703
Sfmt 4703
30989
under Section 609(g) of the Millennium
Challenge Act of 2003, as amended (the
‘‘MCA Act’’), for use by the Government
to facilitate implementation of this
Compact, including for the following
purposes:
(i) Financial management and
procurement activities;
(ii) administrative activities
(including start-up costs such as staff
salaries) and administrative support
expenses such as rent, computers and
other information technology or capital
equipment;
(iii) monitoring and evaluation
activities;
(iv) feasibility, design and other
project preparatory studies; and
(v) other activities to facilitate
Compact implementation as approved
by MCC.
The allocation of Compact
Implementation Funding is generally
described in Annex II.’’
3. Amendment to Section 7.4.
Section 7.4 (Compact Term) of the
Compact is amended and restated to
read as follows:
‘‘Section 7.4 Compact Term. This
Compact will remain in force for five (5)
years and nine (9) months after its entry
into force, unless terminated earlier
under Section 5.1 (the ‘‘Compact
Term’’).’’
4. Amendments to Annex II (MultiYear Financial Plan Summary).
(a) Section 2 of Annex II (Multi-Year
Financial Plan Summary) to the
Compact is amended and restated to
read as follows:
‘‘2. Government Contribution. During
the Compact Term, the Government will
make contributions, relative to its
national budget and taking into account
prevailing economic conditions, as are
necessary to carry out the Government’s
responsibilities under Section 2.6(a) of
this Compact. These contributions may
include in-kind and financial
contributions (including obligations of
Ghana on any debt incurred toward
meeting these contribution obligations).
In connection with this obligation the
Government has developed a budget
over the Compact Term to complement
MCC Funding through budget
allocations to the Projects. The
Government initially anticipates making
contributions of approximately TwentyThree Million, Six Hundred EightyEight Thousand, Eight Hundred FiftyFive United States Dollars
(US$23,688,855 (or 7.5 percent of the
amount of MCC Funding provided
under this Compact) over the Compact
Term. Such contribution shall be in
addition to the Government’s spending
allocated toward the Project Objectives
in its budget for the year immediately
E:\FR\FM\10JNN1.SGM
10JNN1
30990
Federal Register / Vol. 86, No. 110 / Thursday, June 10, 2021 / Notices
khammond on DSKJM1Z7X2PROD with NOTICES
preceding the establishment of this
Compact. The Government’s
contribution shall be subject to any legal
requirements in Ghana for the budgeting
and appropriation of such contribution,
including approval of the Government’s
annual budget by its legislature. The
Parties may set forth in the Program
Implementation Agreement or other
appropriate Supplemental Agreements
certain requirements regarding this
Government Contribution, which
requirements may be conditions
precedent to the Disbursement of MCC
Funding. During implementation of the
Program, the Government’s
contributions may be modified or new
contributions added with MCC
approval, provided that the modified or
new contributions continue to advance
the Project Objectives.’’
(b) Exhibit A to Annex II (Multi-Year
Financial Plan Summary) to the
Compact is deleted in its entirety and
replaced by revised Exhibit A set forth
in Annex I to this Amendment.
General Provisions
1. Further Assurances.
Each Party hereby covenants and
agrees, without necessity of any further
consideration, to execute and deliver
any and all such further documents and
take any and all such other action as
may be reasonably necessary or
appropriate to carry out the intent and
purpose of this Amendment.
2. Effect of this Amendment.
From and after the date this
Amendment enters into force, the
Compact and this Amendment shall be
read together and construed as one
document, and each reference in the
Compact to the ‘‘Compact,’’
‘‘hereunder,’’ ‘‘hereof’’ or words of like
import referring to the Compact, and
each reference to the ‘‘Compact,’’
‘‘thereunder,’’ ‘‘thereof’’ or words of like
import in any Supplemental Agreement
or in any other document or instrument
delivered pursuant to the Compact or
any Supplemental Agreement, shall
mean and be construed as a reference to
the Compact, as amended by this
Amendment.
3. Limitations.
Except as expressly amended by this
Amendment, all of the provisions of the
Compact remain unchanged and in full
force and effect.
4. Governing Law.
The Parties acknowledge and agree
that this Amendment is an international
agreement entered into for the purpose
of amending the Compact and as such
will be interpreted in a manner
consistent with the Compact and is
governed by international law.
Annex I: Revised Exhibit A to Annex II
to the Compact Multi–Year Financial
Plan Summary
Compact program tranche I
Current
approved
MYFP
Proposed
additional
MCC grant
funds
Revised MYFP
1. ECG Financial & Operational Turnaround Project-Tranche 1 ................................................
1.1 Private Sector Participation ...................................................................................................
1.2 Modernizing ECG Operations ...............................................................................................
1.3 Commercial Loss Reduction .................................................................................................
1.4 Technical Loss Reduction .....................................................................................................
1.5 Outage Reduction ..................................................................................................................
........................
6,162,736
31,186,058
17,236,519
155,326,548
354,406
........................
........................
3,076,668
........................
318,978
........................
........................
6,162,736
34,262,726
17,236,519
155,645,527
354,406
Subtotal .................................................................................................................................
210,266,267
3,395,646
213,661,914
2. NEDCo Financial & Operational Turnaround Project .............................................................
2.1 Private Sector Participation ...................................................................................................
2.2 Modernizing NEDCo Operations ...........................................................................................
2.3 Commercial Loss Reduction .................................................................................................
2.4 Technical Loss Reduction .....................................................................................................
2.5 Outage Reduction ..................................................................................................................
2.6 Tamale Service Area Improvement .......................................................................................
2.7 Commercial Development .....................................................................................................
........................
0
1,175,475
0
0
0
0
0
........................
........................
........................
........................
........................
........................
........................
........................
........................
0
1,175,475
0
0
0
0
0
Subtotal .................................................................................................................................
1,175,475
........................
1,175,475
3. Regulatory Strengthening and Capacity Building Project .......................................................
3.1 Sector Performance Monitoring Ca .......................................................................................
3.2 Tariff Review & Regulation ....................................................................................................
........................
797,672
2,057,115
........................
........................
........................
........................
797,672
2,057,115
Subtotal .................................................................................................................................
2,854,787
........................
2,854,787
4. Access Project .........................................................................................................................
4.1 Improve Electricity Supply to MS ..........................................................................................
4.2 Improve Service Delivery/Strength ........................................................................................
........................
78,070
821,930
........................
........................
........................
........................
78,070
821,930
Subtotal .................................................................................................................................
900,000
........................
900,000
5. Power Sector Generation Improvement Project .....................................................................
5.1 Operationalize ‘‘Gas to Power’’ Plan .....................................................................................
5.2 Facilitate LNG development ..................................................................................................
5.3 Strengthen IPP framework ....................................................................................................
........................
0
0
0
........................
........................
........................
........................
........................
0
0
0
Subtotal .................................................................................................................................
0
........................
0
6. Energy Efficiency & Demand Side Management Project .......................................................
6.1 Development and Enforcement of Standards .......................................................................
6.2 Improve Energy Auditing .......................................................................................................
6.3 Education and Public Information .........................................................................................
6.4 Demand Side Management Infrastructure ............................................................................
........................
4,268,865
3,900,000
1,755,000
12,373,934
........................
........................
........................
........................
........................
........................
4,268,865
3,900,000
1,755,000
12,373,934
VerDate Sep<11>2014
17:15 Jun 09, 2021
Jkt 253001
PO 00000
Frm 00081
Fmt 4703
Sfmt 4703
E:\FR\FM\10JNN1.SGM
10JNN1
30991
Federal Register / Vol. 86, No. 110 / Thursday, June 10, 2021 / Notices
Current
approved
MYFP
Compact program tranche I
Revised MYFP
Subtotal .................................................................................................................................
22,297,799
........................
22,297,799
7. Monitoring and Evaluation (M&E) ...........................................................................................
7.1. Monitoring and Evaluation (M&E) ........................................................................................
........................
7,308,437
........................
........................
........................
7,308,437
Subtotal .................................................................................................................................
7,308,437
........................
7,308,437
8. Program Administration and Oversight ...................................................................................
8.1 MiDA Administration ..............................................................................................................
8.2 Fiscal & Procurement Agents ................................................................................................
8.3 Audit & Compliance ...............................................................................................................
........................
32,373,374
9,763,852
749,850
........................
2,898,597
1,345,902
11,250
........................
35,271,971
11,109,754
761,100
Subtotal .................................................................................................................................
42,887,076
4,255,749
47,142,825
9. ECG Financial and Operational Turnaround Project-Tranche 2 .............................................
9.1 Private Sector Participation ...................................................................................................
9.2 Modernizing ECG Operations ...............................................................................................
9.3 Commercial Loss Reduction .................................................................................................
9.4 Technical Loss Reduction .....................................................................................................
9.5 Outage Reduction ..................................................................................................................
........................
0
2,120,755
0
4,512,055
0
........................
........................
........................
........................
........................
........................
........................
0
2,120,755
0
4,512,055
0
Subtotal .................................................................................................................................
6,632,810
........................
6,632,810
TOTAL Program Funding ............................................................................................................
TOTAL Compact Implementation Funding ..................................................................................
TOTAL MCC Funding ..................................................................................................................
Total Government Contributions ..................................................................................................
TOTAL COMPACT + GOVERNMENT CONTRIBUTION ...........................................................
294,322,651
13,877,349
308,200,000
23,115,000
331,315,000
7,651,395
........................
7,651,395
573,855
8,225,250
301,974,046
13,877,349
315,851,395
23,688,855
339,540,250
[FR Doc. 2021–12124 Filed 6–9–21; 8:45 am]
BILLING CODE 9211–03–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 50–456 and 50–457; NRC–2021–
0119]
Exelon Generation Company, LLC;
Braidwood Station, Units 1 and 2
Nuclear Regulatory
Commission.
ACTION: License amendment application;
opportunity to comment, request a
hearing, and petition for leave to
intervene.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) is considering
issuance of an amendment to Renewed
Facility Operating License Nos. NPF–72
and NPF–77, issued to Exelon
Generation Company, LLC, for operation
of the Braidwood Station, Units 1 and
2. The proposed amendment is
contained in the licensee’s letter dated
May 27, 2021, and would change
Technical Specification (TS)
Surveillance Requirement (SR) 3.7.9.2 to
allow an ultimate heat sink (UHS)
temperature of less than or equal to
102.8 degrees Fahrenheit (°F) through
September 30, 2021.
DATES: Submit comments by July 12,
2021. Request for a hearing or petitions
SUMMARY:
khammond on DSKJM1Z7X2PROD with NOTICES
Proposed
additional
MCC grant
funds
VerDate Sep<11>2014
17:15 Jun 09, 2021
Jkt 253001
for leave to intervene must be filed by
August 9, 2021.
ADDRESSES: You may submit comments
by any of the following methods;
however, the NRC encourages electronic
comment submission through the
Federal Rulemaking website:
• Federal Rulemaking Website: Go to
https://www.regulations.gov and search
for Docket ID NRC–2021–0119. Address
questions about Docket IDs in
Regulations.gov to Stacy Schumann;
telephone: 301–415–0624; email:
Stacy.Schumann@nrc.gov. For technical
questions, contact the individual listed
in the FOR FURTHER INFORMATION
CONTACT section of this document.
• Mail comments to: Office of
Administration, Mail Stop: TWFN–7–
A60M, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001, ATTN: Program Management,
Announcements and Editing Staff.
For additional direction on obtaining
information and submitting comments,
see ‘‘Obtaining Information and
Submitting Comments’’ in the
SUPPLEMENTARY INFORMATION section of
this document.
FOR FURTHER INFORMATION CONTACT: Joel
S. Wiebe, Office of Nuclear Reactor
Regulation, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001, telephone: 301–415–6606, email:
Joel.Wiebe@nrc.gov.
SUPPLEMENTARY INFORMATION:
PO 00000
Frm 00082
Fmt 4703
Sfmt 4703
I. Obtaining Information and
Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC–2021–
0119 when contacting the NRC about
the availability of information for this
action. You may obtain publicly
available information related to this
action by any of the following methods:
• Federal Rulemaking Website: Go to
https://www.regulations.gov and search
for Docket ID NRC–2021–0119.
• NRC’s Agencywide Documents
Access and Management System
(ADAMS): You may obtain publicly
available documents online in the
ADAMS Public Documents collection at
https://www.nrc.gov/reading-rm/
adams.html. To begin the search, select
‘‘Begin Web-based ADAMS Search.’’ For
problems with ADAMS, please contact
the NRC’s Public Document Room (PDR)
reference staff at 1–800–397–4209, 301–
415–4737, or by email to pdr.resource@
nrc.gov. The ADAMS accession number
for each document referenced (if it is
available in ADAMS) is provided the
first time that it is mentioned in this
document.
• Attention: The PDR, where you may
examine and order copies of public
documents, is currently closed. You
may submit your request to the PDR via
email at pdr.resource@nrc.gov or call 1–
800–397–4209 or 301–415–4737,
between 8:00 a.m. and 4:00 p.m. (EST),
E:\FR\FM\10JNN1.SGM
10JNN1
]]>Agencies
[Federal Register Volume 86, Number 110 (Thursday, June 10, 2021)]
[Notices]
[Pages 30988-30991]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-12124]
=======================================================================
-----------------------------------------------------------------------
MILLENNIUM CHALLENGE CORPORATION
[MCC FR 21-05]
Notice of First Amendment to Compact With the Republic of Ghana
AGENCY: Millennium Challenge Corporation.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Millennium Challenge Act of 2003, as
amended, the Millennium Challenge Corporation is publishing a summary,
justification, and full text of the proposed First Amendment to
Millennium Challenge Compact between the United States of America,
acting through the Millennium Challenge Corporation, and the Republic
of Ghana. Representatives of the United States Government and the
Government of Ghana plan to conclude the Amendment in June 2021.
(Authority: 22 U.S.C. 7708 (i) (2))
Dated: June 4, 2021.
Thomas G. Hohenthaner,
Acting VP/General Counsel and Corporate Secretary.
Summary of First Amendment to Millennium Challenge Compact With the
Republic of Ghana
The Board of Directors of the Millennium Challenge Corporation
(``MCC'') has approved an amendment (the ``Amendment'') to the existing
US$308.2 million, five-year Millennium Challenge Compact between the
United States of America, acting through MCC, and the Republic of Ghana
(the ``Compact'').
Background
The Compact was signed August 5, 2014 and entered into force on
September 6, 2016. The Compact aims to improve Ghana's power sector
through investments that provide more reliable and affordable
electricity to Ghana's businesses and households. Compact projects
focus on improving the infrastructure in the country's southern
electricity distribution network, advancing energy efficiency programs,
increasing power reliability and access to key markets, and
strengthening Ghana's electricity sector regulatory institutions. The
investment strategy is based on an integrated loss management approach
to reduce technical and commercial losses in the distribution system,
reduce distribution system vulnerability, and reduce the frequency and
duration of power outages.
Scope of the Amendment
MCC proposes to extend the term of the Compact for an additional
nine-months to June 6, 2022 and to provide additional funding up to
$7,651,395. The term extension is necessary to mitigate implementation
delays due to the COVID-19 pandemic and to complete infrastructure
projects as originally contemplated. The proposed additional funding
will be used to cover additional program administration and related
oversight costs associated with extending the Compact's term.
Justification for the Amendment
In late January 2020, MCC received the first reports from Ghana of
COVID-19-related manufacturing delays from equipment suppliers. On
March 12, 2020, the Government of Ghana confirmed its first two cases
of COVID-19 and later announced measures to prevent and control the
virus' spread. These included mandated social distancing, restrictions
on foreign national entry to the country, border closures, and partial
lockdowns across major cities, including the capital city of Accra, the
location of major compact project sites. The impact of these measures
was immediate and seriously affected the implementation timeline of
compact activities.
Measures to mitigate the spread of COVID-19 led to global supply
chain disruptions and restrictions on the movement of technical
experts, project
[[Page 30989]]
management staff, consultants, and contractors locally and
internationally, thereby slowing procurements, the delivery of
equipment and materials, factory testing and acceptance of key
components, installation of equipment at project sites, and physical
activity on project sites. In addition, temporary shutdowns of work
sites, temporary government office closures, changes in priorities by
government implementing entities, and COVID-19 infections among
government staff and the consultants and contractors working on the
projects have disrupted compact implementation.
Extending the compact term will enable MCC and the Government of
Ghana to complete and hand over all ongoing projects to the beneficiary
institutions at the required quality, without compromising health,
safety, and environmental standards, and will reduce sustainability
risks through the necessary attention to testing, commissioning,
training of utility operators and technicians, and additional oversight
during the commencement of the defects notification periods associated
with these projects. As COVID-19 has disrupted program activities and
timelines, an extended compact term will maximize long-term results,
benefits for the citizens of Ghana, and MCC's return on investment, and
benefit the compact program as a whole. The additional MCC funding is
necessary for and will be used to support oversight and other
administrative functions during the additional nine months of the
compact term.
First Amendment to Millennium Challenge Compact Between the United
States of America, Acting Through the Millennium Challenge Corporation
and the Republic of Ghana
First Amendment to Millennium Challenge Compact
This First Amendment to Millennium Challenge Compact (this
``Amendment''), is made by and between the United States of America,
acting through the Millennium Challenge Corporation, a United States
government corporation (``MCC''), and the Republic of Ghana, acting
through its government (the ``Government'') (each referred to herein
individually as a ``Party'' and collectively, as the ``Parties''). All
capitalized terms used in this Amendment that are not otherwise defined
herein have the meanings given to such terms in the Compact (as defined
below).
Recitals
Whereas, the Parties signed that certain Millennium Challenge
Compact by and between the United States of America, acting through
MCC, and the Republic of Ghana, on August 5, 2014 (as modified, the
``Compact'');
Whereas, Section 7.4 of the Compact provides for a Compact Term of
five (5) years after its entry into force;
Whereas, the Compact entered into force on September 6, 2016;
Whereas, implementation of the compact program has been adversely
affected and delayed by the coronavirus pandemic;
Whereas, the Parties now desire to extend the Compact Term by an
additional nine (9) months (the ``Extension''), and to increase
assistance under the Compact for related administrative and oversight
costs, to allow the Government more time to implement and complete the
Projects in order to fully achieve the Compact Goal, Project Objectives
and Program Objectives; and
Whereas, pursuant to Section 6.2(a) of the Compact, the Parties
desire to amend the Compact as more fully described herein to
memorialize the Extension.
Now, therefore, the Parties hereby agree as follows:
Amendments
1. Amendment to Section 2.1.
Section 2.1 (Program Funding) of the Compact is amended and
restated to read as follows:
``Section 2.1 Program Funding. Upon entry into force of this
Compact in accordance with Section 7.3, MCC will grant to the
Government, under the terms of this Compact, an amount not to exceed
Three Hundred One Million, Nine Hundred Seventy-Four Thousand, Forty-
Six United States Dollars (US$301,974,046) (``Program Funding'') for
use by the Government to implement the Program. The allocation of
Program Funding is generally described in Annex II.''
2. Amendment to Section 2.2.
Section 2.2(a) (Compact Implementation Funding) of the Compact is
amended and restated to read as follows:
``(a) Upon the signing of this Compact, MCC will grant to the
Government, under the terms of this Compact and in addition to the
Program Funding described in Section 2.1, an amount not to exceed
Thirteen Million Eight Hundred Seventy-Seven Thousand, Three Hundred
Forty-Nine United States Dollars (US$13,877,349) (``Compact
Implementation Funding'') under Section 609(g) of the Millennium
Challenge Act of 2003, as amended (the ``MCA Act''), for use by the
Government to facilitate implementation of this Compact, including for
the following purposes:
(i) Financial management and procurement activities;
(ii) administrative activities (including start-up costs such as
staff salaries) and administrative support expenses such as rent,
computers and other information technology or capital equipment;
(iii) monitoring and evaluation activities;
(iv) feasibility, design and other project preparatory studies; and
(v) other activities to facilitate Compact implementation as
approved by MCC.
The allocation of Compact Implementation Funding is generally
described in Annex II.''
3. Amendment to Section 7.4.
Section 7.4 (Compact Term) of the Compact is amended and restated
to read as follows:
``Section 7.4 Compact Term. This Compact will remain in force for
five (5) years and nine (9) months after its entry into force, unless
terminated earlier under Section 5.1 (the ``Compact Term'').''
4. Amendments to Annex II (Multi-Year Financial Plan Summary).
(a) Section 2 of Annex II (Multi-Year Financial Plan Summary) to
the Compact is amended and restated to read as follows:
``2. Government Contribution. During the Compact Term, the
Government will make contributions, relative to its national budget and
taking into account prevailing economic conditions, as are necessary to
carry out the Government's responsibilities under Section 2.6(a) of
this Compact. These contributions may include in-kind and financial
contributions (including obligations of Ghana on any debt incurred
toward meeting these contribution obligations). In connection with this
obligation the Government has developed a budget over the Compact Term
to complement MCC Funding through budget allocations to the Projects.
The Government initially anticipates making contributions of
approximately Twenty-Three Million, Six Hundred Eighty-Eight Thousand,
Eight Hundred Fifty-Five United States Dollars (US$23,688,855 (or 7.5
percent of the amount of MCC Funding provided under this Compact) over
the Compact Term. Such contribution shall be in addition to the
Government's spending allocated toward the Project Objectives in its
budget for the year immediately
[[Page 30990]]
preceding the establishment of this Compact. The Government's
contribution shall be subject to any legal requirements in Ghana for
the budgeting and appropriation of such contribution, including
approval of the Government's annual budget by its legislature. The
Parties may set forth in the Program Implementation Agreement or other
appropriate Supplemental Agreements certain requirements regarding this
Government Contribution, which requirements may be conditions precedent
to the Disbursement of MCC Funding. During implementation of the
Program, the Government's contributions may be modified or new
contributions added with MCC approval, provided that the modified or
new contributions continue to advance the Project Objectives.''
(b) Exhibit A to Annex II (Multi-Year Financial Plan Summary) to
the Compact is deleted in its entirety and replaced by revised Exhibit
A set forth in Annex I to this Amendment.
General Provisions
1. Further Assurances.
Each Party hereby covenants and agrees, without necessity of any
further consideration, to execute and deliver any and all such further
documents and take any and all such other action as may be reasonably
necessary or appropriate to carry out the intent and purpose of this
Amendment.
2. Effect of this Amendment.
From and after the date this Amendment enters into force, the
Compact and this Amendment shall be read together and construed as one
document, and each reference in the Compact to the ``Compact,''
``hereunder,'' ``hereof'' or words of like import referring to the
Compact, and each reference to the ``Compact,'' ``thereunder,''
``thereof'' or words of like import in any Supplemental Agreement or in
any other document or instrument delivered pursuant to the Compact or
any Supplemental Agreement, shall mean and be construed as a reference
to the Compact, as amended by this Amendment.
3. Limitations.
Except as expressly amended by this Amendment, all of the
provisions of the Compact remain unchanged and in full force and
effect.
4. Governing Law.
The Parties acknowledge and agree that this Amendment is an
international agreement entered into for the purpose of amending the
Compact and as such will be interpreted in a manner consistent with the
Compact and is governed by international law.
Annex I: Revised Exhibit A to Annex II to the Compact Multi-Year
Financial Plan Summary
----------------------------------------------------------------------------------------------------------------
Proposed
Compact program tranche I Current additional MCC Revised MYFP
approved MYFP grant funds
----------------------------------------------------------------------------------------------------------------
1. ECG Financial & Operational Turnaround Project-Tranche 1..... .............. .............. ..............
1.1 Private Sector Participation................................ 6,162,736 .............. 6,162,736
1.2 Modernizing ECG Operations.................................. 31,186,058 3,076,668 34,262,726
1.3 Commercial Loss Reduction................................... 17,236,519 .............. 17,236,519
1.4 Technical Loss Reduction.................................... 155,326,548 318,978 155,645,527
1.5 Outage Reduction............................................ 354,406 .............. 354,406
-----------------------------------------------
Subtotal.................................................... 210,266,267 3,395,646 213,661,914
----------------------------------------------------------------------------------------------------------------
2. NEDCo Financial & Operational Turnaround Project............. .............. .............. ..............
2.1 Private Sector Participation................................ 0 .............. 0
2.2 Modernizing NEDCo Operations................................ 1,175,475 .............. 1,175,475
2.3 Commercial Loss Reduction................................... 0 .............. 0
2.4 Technical Loss Reduction.................................... 0 .............. 0
2.5 Outage Reduction............................................ 0 .............. 0
2.6 Tamale Service Area Improvement............................. 0 .............. 0
2.7 Commercial Development...................................... 0 .............. 0
-----------------------------------------------
Subtotal.................................................... 1,175,475 .............. 1,175,475
----------------------------------------------------------------------------------------------------------------
3. Regulatory Strengthening and Capacity Building Project....... .............. .............. ..............
3.1 Sector Performance Monitoring Ca............................ 797,672 .............. 797,672
3.2 Tariff Review & Regulation.................................. 2,057,115 .............. 2,057,115
-----------------------------------------------
Subtotal.................................................... 2,854,787 .............. 2,854,787
----------------------------------------------------------------------------------------------------------------
4. Access Project............................................... .............. .............. ..............
4.1 Improve Electricity Supply to MS............................ 78,070 .............. 78,070
4.2 Improve Service Delivery/Strength........................... 821,930 .............. 821,930
-----------------------------------------------
Subtotal.................................................... 900,000 .............. 900,000
----------------------------------------------------------------------------------------------------------------
5. Power Sector Generation Improvement Project.................. .............. .............. ..............
5.1 Operationalize ``Gas to Power'' Plan........................ 0 .............. 0
5.2 Facilitate LNG development.................................. 0 .............. 0
5.3 Strengthen IPP framework.................................... 0 .............. 0
-----------------------------------------------
Subtotal.................................................... 0 .............. 0
----------------------------------------------------------------------------------------------------------------
6. Energy Efficiency & Demand Side Management Project........... .............. .............. ..............
6.1 Development and Enforcement of Standards.................... 4,268,865 .............. 4,268,865
6.2 Improve Energy Auditing..................................... 3,900,000 .............. 3,900,000
6.3 Education and Public Information............................ 1,755,000 .............. 1,755,000
6.4 Demand Side Management Infrastructure....................... 12,373,934 .............. 12,373,934
-----------------------------------------------
[[Page 30991]]
Subtotal.................................................... 22,297,799 .............. 22,297,799
----------------------------------------------------------------------------------------------------------------
7. Monitoring and Evaluation (M&E).............................. .............. .............. ..............
7.1. Monitoring and Evaluation (M&E)............................ 7,308,437 .............. 7,308,437
-----------------------------------------------
Subtotal.................................................... 7,308,437 .............. 7,308,437
----------------------------------------------------------------------------------------------------------------
8. Program Administration and Oversight......................... .............. .............. ..............
8.1 MiDA Administration......................................... 32,373,374 2,898,597 35,271,971
8.2 Fiscal & Procurement Agents................................. 9,763,852 1,345,902 11,109,754
8.3 Audit & Compliance.......................................... 749,850 11,250 761,100
-----------------------------------------------
Subtotal.................................................... 42,887,076 4,255,749 47,142,825
----------------------------------------------------------------------------------------------------------------
9. ECG Financial and Operational Turnaround Project-Tranche 2... .............. .............. ..............
9.1 Private Sector Participation................................ 0 .............. 0
9.2 Modernizing ECG Operations.................................. 2,120,755 .............. 2,120,755
9.3 Commercial Loss Reduction................................... 0 .............. 0
9.4 Technical Loss Reduction.................................... 4,512,055 .............. 4,512,055
9.5 Outage Reduction............................................ 0 .............. 0
-----------------------------------------------
Subtotal.................................................... 6,632,810 .............. 6,632,810
----------------------------------------------------------------------------------------------------------------
TOTAL Program Funding........................................... 294,322,651 7,651,395 301,974,046
TOTAL Compact Implementation Funding............................ 13,877,349 .............. 13,877,349
TOTAL MCC Funding............................................... 308,200,000 7,651,395 315,851,395
Total Government Contributions.................................. 23,115,000 573,855 23,688,855
TOTAL COMPACT + GOVERNMENT CONTRIBUTION......................... 331,315,000 8,225,250 339,540,250
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2021-12124 Filed 6-9-21; 8:45 am]
BILLING CODE 9211-03-P
