Appeal Summary | Appeal Letter | Appeal Analysis | Back
Second Appeal Summary
PA ID# 000-90121; United Power Association
DSR ID# 64877; Devils Lake
Citation: Second Appeal. United Power Association, FEMA-1050-DR-ND, PA 000-90121.
Cross Reference: Navigable, damaged facility, transmission lines, Devils Lake, Utilities
Summary: During the incident period, due to extensive rainfall and melting snow, the elevation of Devils Lake increased from 1431.02 to 1435.71 ft. United Power Association claims that its facility was damaged when transmission lines were brought out of conformance with National Electric Safety Code (NESC) and Rural Utility Service (RUS) standards as a result of the rising lake. UPA applied to the Federal Emergency Management Agency (FEMA) for reimbursement of $1,230,161 it expended in elevating lines at Creel Bay and relocating lines from Winnewaukan Flats. This is UPA's second appeal.
Issue: Is the reconstruction of a facility that was not damaged during the disaster eligible for reimbursement?
Rationale: 44 CFR 206.226 cites that the function of a facility must be affected by damages incurred from a disaster in order for its restoration to be eligible for federal assistance.