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Second Appeal Letter
PA ID# 037-44000-00; Los Angeles Department of Water and Power
PW ID# 3028; Time Extension and Scope of Work
March 29, 2010
Governor’s Authorized Representative
California Emergency Management Agency
3650 Schriever Avenue
Mather, CA 95665
RE: Second Appeal–Los Angeles Department of Water and Power, PA ID 037-44000-00,
Time Extension and Scope of Work, FEMA-1577-DR-CA, Project Worksheet (PW) 3028
Dear Mr. McCarton:
This letter is in response to your letter dated September 28, 2009, which transmitted the referenced second appeal on behalf of the Los Angeles Department of Water and Power (Applicant). The Applicant is appealing the Department of Homeland Security’s Federal Emergency Management Agency’s (FEMA) decision to deny $2,714,100 in additional funding for damages to the foundations of the Applicant’s power transmission towers and a time extension to complete the projects.
During the winter storms from December 27, 2004, through January 11, 2005, excessive rains caused a 60-foot long crack in the concrete slab supporting Transmission Tower 205 II. On August 11, 2005, FEMA approved PW 3028 for $2,000 to repair the concrete pad supporting Transmission Tower 205 II. On February 1, 2008, the Applicant requested a time extension to December 1, 2009 to complete the project. On June 16, 2008, FEMA denied the time extension, stating that the Applicant did not submit sufficient information to show significant progress on the project or action to justify the need for a time extension. However, on September 16, 2008, the California Governor’s Office of Emergency Services (OES) granted a time extension for PW 3028 to February 4, 2009, under its authority as the Grantee.
On November 14, 2008, the Applicant submitted its first appeal to OES appealing FEMA’s denial of a time extension. In addition, the Applicant requested that FEMA amend the scope of work to correct “errors and omissions” in the approved PW 3028 and increase funding in the amount of $2,714,100. Specifically, the Applicant requested $1,031,000 to replace Tower 236-4 and $1,653,000 to stabilize the slope that supports Tower 237-6. The Acting Regional Administrator denied the first appeal in a letter dated May 18, 2009, stating that the Applicant waited over three years to inform FEMA that there was additional damage to the Applicant’s towers. On July 31, 2009, the Applicant submitted its second appeal. The Applicant requested that FEMA amend the scope of work to include replacing Tower 236-4 and stabilizing the slope at Tower 237-6, increase funding by $2,714,100 and approve a time extension for the project to June 20, 2011. The Applicant stated that staff shortages and the work load of other disasters resulted in the need for a time extension. The Applicant also provided further information on the damage to other towers and work that was not included in the approved PW 3028.
Pursuant to 44 CFR § 206.202, Application procedures, applicants must identify and report disaster damage to FEMA within 60 days of the first substantive meeting with FEMA. FEMA conducted the first substantive meeting with the Applicant in 2005. The Applicant informed FEMA to damage to Towers 236-4 and 237-6 on November 14, 2008. Therefore, the Applicant did not comply with 44 CFR § 206.202. FEMA prepared PW 3028 on June 20, 2005, based on a site inspection performed earlier in 2005. Pursuant to 44 CFR § 206.206, Appeals, the Applicant had 60 days after receiving notification of FEMA approval of the PW to submit an appeal of the scope of work and cost of the project. The Applicant submitted its appeal more than three years after FEMA approved PW 3082.
I have reviewed the information submitted with the appeal and have determined that the Applicant did not submit any extenuating circumstances beyond its control to justify identifying disaster damage and submitting an appeal over three years after the regulatory deadline. The Acting Regional Administrator’s decision in the first appeal is consistent with Public Assistance regulations and policy. Accordingly, I am denying the second appeal.
Please inform the Applicant of my decision. This determination constitutes the final decision on this matter pursuant to 44 CFR §206.206, Appeals.
Elizabeth A. Zimmerman
cc: Nancy Ward