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Second Appeal Brief
PA ID# 037-44000-00; Los Angeles Department of Water and Power
PW ID# 3028; Time Extension and Scope of Work
Citation: FEMA-1577-DR-CA, Los Angeles Department of Water and Power, Project Worksheet (PW) 3028
Reference: General Eligibility, Time Limitations, Time Extensions
Summary: During the winter storms from December 27, 2004, through January 11, 2005, excessive rains caused a 60-foot long crack in Transmission Tower 205 II concrete pad structure slab. FEMA prepared PW 3028 in the amount of $2,000 to repair the concrete pad supporting Transmission Tower 205 II. The Applicant requested a time extension through June 30, 2011 and requested an additional $2,714,100 in damage to Towers 236-4 and 237-6. The Regional Administrator denied the first appeal because the Applicant waited well over three years to inform FEMA that there was additional damage to the Tower. In its second appeal, the Applicant argued that miscommunication between the administrative and operations staff due to lack of retention of employees, and the work load of other disaster work resulted in the need for a time extension. In its second appeal transmittal letter, OES noted that they did not support FEMA granting the time extension nor did the Applicant identify the additional damages within the 60-day deadline. Over three years had passed since the initial site inspection until the Applicant identified the additional damages in its geotechnical studies. The Applicant has 60 days following its first substantive meeting with FEMA to identify and report damage as required by 44 CFR, Section 206.206.
Issue: 1. Did the Applicant demonstrate extenuating circumstances to warrant a time extension?
2. Did the Applicant identify the additional damages within the specified time limitations?
Finding: 1. No.
Rationale: 44 Code of Federal Regulations §206.202 (4)(d)(ii), 44 Code of Federal Regulations §206.206 Appeal