Appeal Brief | Appeal Letter | Back
Second Appeal Brief
PA ID# 201-U917N-00; Thermal Energy Cooperative
PW ID# N/A; Applicant Eligibility Determination
FEMA-1379-DR-TX; Thermal Energy Cooperative, Applicant Eligibility Determination
The Thermal Energy Cooperative (TECO), a private nonprofit (PNP) utility, submitted a Request for Public Assistance (RPA) due to damages caused by Tropical Storm Allison. FEMA denied funding to TECO because it was not an eligible PNP. TECO appealed this determination in a letter dated August 30, 2001, claiming that it met the qualifications listed in 44 CFR § 206.221(e). The Regional Director denied the appeal on October 29, 2001, because TECO provides services to organizations engaged in health-related pursuits only. Therefore, it is not open to the general public. TECO submitted its second appeal in a letter dated December 27, 2001, stating that it is not required to serve the public to qualify as a PNP facility as defined in 44 CFR §206.221(e). It also stated that its services benefit the general public directly through the health-related institutions it serves.
Is TECO an eligible PNP?
No. 44 CFR §206.221(e) requires all private nonprofit facilities to be open to the general public.
44 CFR §206.221(e)