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Second Appeal Letter
PA ID# 019-002F2-00; Waterworks District No. Four of Ward Four of Calcasieu Parish
PW ID# Project Worksheet 4147; Generator Purchase
October 14, 2008
Colonel Thomas Kirkpatrick
State Coordinating Officer
Governor’s Office of Homeland Security and Emergency Preparedness
7667 Independence Boulevard
Baton Rouge, Louisiana 70806
Re: Second Appeal–Waterworks District No. Four of Ward Four of Calcasieu Parish,
PA ID 019-002F2-00, Generator Purchase, FEMA-1607-DR-LA,
Project Worksheet (PW) 4147
Dear Colonel Kirkpatrick:
This letter is in response to your letter dated May 29, 2008, which transmitted the referenced second appeal on behalf of the Waterworks District No. Four of Ward Four of Calcasieu Parish (Applicant). The Applicant is appealing the Department of Homeland Security’s Federal Emergency Management Agency’s (FEMA) decision to deny the Applicant’s request for $88,563 for the purchase of a generator.
The Applicant’s facility was without power for approximately five days following Hurricane Rita on September 24, 2005. The Applicant purchased a 500-kilowatt generator on October 6, 2005. The Applicant also purchased an automatic transfer switch, a 2,000-gallon fuel tank, a metal roof cover, as well as the design and installation plans for the cover. When FEMA prepared PW 4147 on July 23, 2006, the Applicant had not wired the generator to provide power to the facility. FEMA decided not to fund PW 4147 because the generator was not used at any time as a result of the disaster. The Regional Administrator concurred with this decision on first appeal.
The Applicant submitted its second appeal on March 31, 2008. It claims that a FEMA Federal Coordinating Officer informed the Applicant that FEMA would reimburse 100 percent of the cost to purchase emergency equipment as long as it was purchased within 30 days following the event. To substantiate this claim, the Applicant included an email dated September 24, 2007, from Lee Champagne, a FEMA official, addressed to Colonel Thomas Kirkpatrick. Mr. Champagne states, “I have no specific recollection of telling him that he was authorized to buy an emergency generator, I do remember at the time leasing or renting a generator was not a viable option do [sic] to the circumstances at the time and the immediate need to restore vital services.”
Section 403 of the Robert T. Stafford Disaster Assistance and Emergency Relief Act (Stafford Act) allows for reimbursement for performing work essential to saving lives and protecting and preserving property or public health and safety. Based on information provided with the appeal, primary power was restored to the Applicant’s facility before the Applicant purchased the generator on October 6, 2005. Furthermore, the Applicant purchased the automatic transfer switch in December 2005 and fuel tank in April 2006. The equipment was not used to eliminate an immediate threat as required by section 403. Therefore, the cost to purchase the generator is not eligible for reimbursement under the Public Assistance Program. Accordingly, the appeal is denied.
Please inform the Applicant of my decision. This determination is the final decision on this matter pursuant to 44 CFR §206.206.
Carlos J. Castillo
Disaster Assistance Directorate
cc: William Peterson
FEMA Region VI