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Second Appeal Brief
PA ID# 000-U20AL-00; Johnson County REMC
PW ID# 951; Switchgear Replacement
Citation: FEMA-1766-DR-IN, Johnson County REMC, Switchgear Replacement, Project Worksheet (PW) 951
Reference: Scope of Work; Time Limitations
Summary: Severe storms occurred in Johnson County during the period of May 30 through June 27, 2008. FEMA prepared PW 951 to reimburse the Applicant for costs associated with the repair and replacement of four electrical switchgears totaling $39,282 including a Hazard Mitigation Proposal for $36,261. On September 22, 2008, PW 951 was obligated in the amount of $88,078.
On February 2, 2010, the Applicant requested another version of PW 951 be written for $16,591 to include a second switchgear it discovered damaged at the Windsong Estates on January 9, 2009, which it replaced in September 2009. The Applicant stated it first observed water intrusion in the second switchgear box during its initial equipment inspection, but the switchgear was successfully re-energized and operable while the project was being developed. The Applicant indicated it was not aware it could add items to a PW once the project was approved. On September 29, 2010, FEMA denied the request because the Applicant did not meet the October 3, 2008, deadline for identifying additional damage.
In its first appeal dated October 26, 2010, the Applicant contends that the switchgear damage was not discovered until after January 2009, and that it was not made aware that it could request additional funding until December 22, 2009. The Regional Administrator (RA) denied the first appeal on November 12, 2010, explaining that in accordance with 44 CFR §206.202(d)(ii), Application Procedures, Project Worksheets, “the applicant has 60 days following the first substantive meeting with FEMA to identify and to report damages.” Additionally, the RA determined that per 44 CFR §206.223(e), General work eligibility, Negligence, the Applicant did not take prudent measures to protect the switchgear from further damage following the disaster.
The Applicant submitted its second appeal on December 16, 2010, reiterating its first claim and asserts that it periodically inspects the switchgear equipment. Support documents include a copy of the manufacturer’s manual.
Issue: Did the Applicant submit its request for a change in Scope of Work within the regulatory time limits?
Rationale: 44 CFR §206.202(d)(1)(ii), Application procedures, Project Worksheets; Public Assistance Guide, June 2007, pages 139-140, Changes in Scope of Work and Costs; 44 CFR §206.202(e)(2),Time limitations.