Rural Electric Cooperative

Summary Paragraph

From April 9 to 11, 2013 a severe winter storm damaged an electrical distribution system owned and operated by the Applicant.  FEMA prepared Project Worksheet 82 for $145,057.65 to replace approximately 2.8 miles of electrical conductors which were previously re-sagged after the disaster.  FEMA determined the project was not eligible because the Applicant did not provide sufficient documentation to verify that the damage was a direct result of the disaster nor demonstrate that the conductor met the criteria for replacement.  In a first appeal letter, the Applicant appealed FEMA’s denial of costs to replace electrical conductors and provided inspection reports and letters from an engineer certifying the pre-disaster condition and the need for conductor replacement.  The FEMA Region VII Regional Administrator denied the first appeal because the Applicant did not provide sufficient documentation to prove that the damage was the result of the declared disaster.  On June 23, 2015, the Applicant submitted a second appeal in which it reiterated its arguments.

Authorities and Second Appeals

• 44 C.F.R. 206.226

• DAP 9580.6, Electric Utility Repair (Public and Private Nonprofit)

• Noble Cooperative Electric, FEMA-4113-DR-MN.

Headnotes

• DAP 9580.6, Electric Utility Repair (Public and Private Nonprofit) establishes criteria to assist FEMA in determining eligibility for repair or replacement of disaster-damaged electric distribution and transmission systems.Criteria include a letter from an engineer certifying the pre-disaster condition and capacity, records showing the condition and capacity of the conductor and construction work plans.

  • The Applicant submitted a signed, dated, and stamped letter from a licensed engineer certifying the pre-disaster condition and capacity of the conductor, inspection reports, which did not note any maintenance or reliability concerns with the conductor, as well as construction work plans detailing maintenance of the distribution system.

  • The Applicant provided conductor replacement certifications, appropriately signed and stamped by a professional engineer, documenting how specific line sections meet the criteria.