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Second Appeal Brief
PA ID# 000-UMHKB-00; Lake Region Electric Cooperative
PW ID# 1206; Eligible Work
Citation: FEMA-1678-DR-OK, Lake Region Electric Cooperative, Project Worksheet (PW) 1206
Reference: Eligible Work; Codes and Standards
Summary: In January 2007, a severe winter storm with freezing rain caused severe ice buildup and wind-load on power lines and other facilities causing extensive damage. Lake Region Electric Cooperative (Applicant) sustained significant damage to its power distribution system with a radial ice accumulation of up to 3.5 inches. The Applicant lost service to approximately 85 percent of its customers. The Applicant identified 324 miles of damaged conductor, of which, FEMA inspected approximately 22 percent. FEMA prepared PW 1206 for $7,221,539.08 to replace 118 miles of damaged line, re-sag 206 miles of conductor and make other miscellaneous repairs to other system components. The PW included a hazard mitigation proposal.
The Applicant submitted its first appeal on June 20, 2007. The Applicant argued that a large portion of the conductor which FEMA determined could be re-sagged could not because the re-sagged conductor would not restore the pre-disaster tensile strength in many lines and would lead to a violation of the National Electric Safety Code (NESC). The Regional Administrator denied the cost to replace certain spans of conductor wire, because replacing the conductor wire would improve the tensile strength therefore constituting an upgrade. In addition, FEMA determined that some of the Applicants inspection records documented that numerous sections of the distribution system had excessive spans and insufficient ground clearance prior to the disaster.
The Applicant submitted its second appeal dated June 23, 2009, requesting reimbursement for costs disallowed on PW 1206 for $9,258,342.68. The State recommends approval of the appeal.
Issues: 1. Is the replacement of the additional conductor eligible for funding as a code and standard?
2. Was the Applicants distribution systems pre-disaster condition out of compliance with current codes and standards?
Findings: 1. Yes.
Rationale: 44 CFR §206.226(d), Codes and Standards