PA ID# 000-90108; Minnkota Power Cooperative, Inc.
DSR ID# 65833; Installation of steel sheet metal cofferdams
Citation: Second Appeal. Minnkota Power Cooperative, Inc., FEMA-1118-DR-ND, PA 000-90108.
Cross Reference: Emergency protective measures, reasonable time, transmission lines, Utilities
Summary:Spring ice movement caused $325,000 damage to three of the Square Butte Electric Cooperative's 250 kV DC transmission line towers in April 1995 under FEMA-1050-DR-ND. After an aerial survey of the transmission lines in the fall of 1995, the Minnkota Power Cooperative determined that the bases of several towers were submerged and were at risk of being damaged by spring ice movement. The applicant waited until January 31, 1996, when the ice was thick enough to support the equipment, to install steel sheet metal cofferdams and circular rock piles around the bases of ten structures submerged in 3 to 9 feet of ice and water. These protective measures were completed March 1, 1996, at a cost of $87,492. On June 5, 1996, the president declared FEMA-1118-DR-ND with an incident period extending from March 12, 1996 through June 21, 1996. The applicant claimed, in the first and second appeals, that these emergency protective measures are eligible for federal reimbursement under section 424 of the Stafford Act (P.L. 93-288 as amended).
Issue: Are protective measures which are not performed in anticipation of a specific disaster eligible for reimbursement?
Rationale: Section 424 of the Stafford act provides for reasonable expenses incurred in anticipation of and immediately preceding a disaster event. The preventative measures taken by the applicant as a result of FEMA-1050-DR-ND represent prudent hazard mitigation.