Emergency Power Generators

Appeal Brief

Disaster	FEMA-3288-EM
Applicant	Miami-Dade County
Appeal Type	Second
PA ID#	086-99086-00
PW ID#	225
Date Signed	2012-01-17T05:00:00

Citation: FEMA-3288-EM-FL, Miami-Dade County, Emergency Power Generators, Project Worksheet (PW) 225

Cross-

Reference: Emergency Protective Measures

Summary: In August of 2008, Tropical Storm Fay caused serious damage and flooding throughout the State of Florida. The Applicant sustained continuous operation of emergency generators during the period of August 15 through August 20, 2008. FEMA prepared Project Worksheet (PW) 225 to document the scope of work and estimate incurred costs. FEMA denied the request to fund PW 225 because the preventive measure of running generators at each of the Water and Sewer plants was not warranted since there was no actual loss of power. The Applicant submitted its first appeal on December 30, 2009. The Applicant claimed that its generators operated in advance if the event as a matter of standard operating procedure in order to prevent interruption of electrical power to the water and sewage treatment facilities. The Applicant further stated that these costs were necessary as the facilities require a constant flow of power in order to operate properly, and failure to maintain the flow of power could have potentially led to water contamination.

The Regional Administrator denied the first appeal on July 15, 2010, on the basis that the Applicant did not demonstrate the existence of an immediate threat which would warrant the operation of emergency generator starting August 15, 2008.

The Applicant submitted its second appeal on December 29, 2010. In its second appeal the Applicant reiterated its previous arguments. Generally, those prudent actions taken by an Applicant to ensure the continuation of essential public services, and protect lives and public health are eligible for assistance. However the operation of the emergency generators the days prior to the qualifying incident period is not eligible for reimbursement.

Issues: 1. Is the operation of the Applicant’s emergency generators at the waste water treatment plants an eligible emergency protective measure?

2. Is the entire period that the generators were run eligible as an emergency protective measure?

Findings: 1. Yes.

2. No.

Rationale: 44 CFR § 206.225(a)(1), Emergency Work; FEMA322, Public Assistance Guide, dated June 2007, pages (71, 54-55)

Appeal Letter

January 17, 2012

Bryan Koon

Director

Florida Division of Emergency Management

2555 Shumard Oak Boulevard

Tallahassee, Florida 32399-2100

Re: Second Appeal–Miami-Dade County, PA ID 086-99086-00, FEMA-3288-EM-FL, Emergency Power Generators, Project Worksheet (PW) 225

Dear Mr. Koon:
This letter is in response to a letter from your office dated December 29, 2010, which transmitted the referenced second appeal on behalf of Miami-Dade County (Applicant). The Applicant is appealing the U.S. Department of Homeland Security’s Federal Emergency Management Agency’s (FEMA) denial of funding in the amount of $478,873 for the operation of emergency generators at its water and sewage treatment facilities.

Background

In August of 2008, Tropical Storm Fay caused serious damage and flooding in the State of Florida. The Applicant operated its emergency generators continuously from August 15, 2008, through August 20, 2008. FEMA prepared Project Worksheet (PW) 225 to document the scope of work and estimate incurred costs. The PW was subsequently denied because it was determined that running generators at each of the water and sewer plants was not warranted since there was no actual loss of power.

First Appeal

In its first appeal, transmitted by the State to FEMA on December 30, 2009, the Applicant claimed that its generators operated in advance of the event as a matter of standard operating procedures to prevent interruption of electrical power to the water and sewage treatment facilities. The Applicant further stated that these costs were necessary as the facilities require a constant flow of power in order to operate properly, and failure to maintain the flow of power could have potentially led to water contamination. The Regional Administrator denied the first appeal on July 15, 2010, stating that the Applicant did not demonstrate the existence of an immediate threat which would warrant the operation of emergency generators beginning on August 15, 2008.

Second Appeal

The State forwarded the Applicant’s second appeal to FEMA on December 29, 2010. The Applicant reiterated its contention that the cost of operating the generators was a necessary emergency protective measure in response to the incident.

Discussion

Pursuant to Section 403 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, actions taken by an Applicant to save lives and protect property are eligible for assistance. The provision of emergency power to critical facilities is an eligible emergency protective measure. As a result of Tropical Storm Fay, the Applicant experienced power fluctuations that could have resulted in water contamination and a threat to public health and safety. Emergency measures necessary to protect public health and safety are eligible work and eligible for reimbursement.

The Applicant used its backup generators to provide electricity to its water and sewage treatment facilities from August 15, 2008, to August 20, 2008. The incident period for the emergency resulting from Tropical Storm Fay (FEMA-3288-EM-FL) was August 18, 2008, to September 12, 2008. FEMA’s Public Assistance Guide (FEMA-322, June 2007, page 30) states that, “Damage that occurs during the incident period, or damage that is the direct result of events that occurred during the incident period, is eligible.” Protective measures and other preparation activities such as operating emergency generators that were performed within a reasonable and justified time in advance of the incident period may also be eligible. FEMA considers the Governor’s declaration date of August 16, 2008, to be the reasonable and justified time in this situation.

Conclusion

I have determined that the cost to operate the emergency generators is an eligible emergency protective measure. Accordingly, I am partially granting the second appeal for this emergency work conducted after the Governor’s declaration date of August 16, 2008. By this letter, I am requesting that the Regional Administrator take appropriate action to implement my decision.

Please inform the Applicant of my decision. This determination is the final decision on this matter pursuant to 44 CFR §206.206, Appeals.

Sincerely,

/s/

Deborah Ingram
Assistant Administrator
Recovery Directorate
cc: Major P. May
Regional Administrator
FEMA Region IV

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