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Second Appeal Brief
PA ID# 113-12000-00; City of Cedar Rapids
PW ID# 1415; Hydro Electric Plant
Citation: FEMA-1763-DR-IA, City of Cedar Rapids (Applicant), Hydro Electric Plant, Project Worksheet (PW) 1415
Reference: Facility Eligibility; Improved Project
Summary: In January 2007 an ice jam damaged the Applicant’s hydroelectric power plant. At that time, the Applicant took the facility out of service and the hydroelectric power plant remains out of service. Flooding of the Cedar River and its tributaries between May 25 and August 13, 2008, caused additional damage to the hydroelectric power plant. FEMA obligated zero dollars for PW 1415 because it determined that the hydroelectric power plant was not in active use at the time of the disaster and is therefore ineligible for Public Assistance funding.
In a letter dated August 9, 2010, the Applicant submitted its first appeal. The Applicant asserted that it intended to repair the hydroelectric power plant to full hydroelectric capability. In a letter dated December 2, 2010, the Regional Administrator denied the Applicant’s first appeal because it determined that the hydroelectric power plant was not in active use at the time of the disaster.
The Applicant submitted a second appeal in a letter dated February 7, 2011. In its second appeal, the Applicant acknowledges that the facility was not in active use at the time of the disaster but asserts that the facility was only temporarily inoperative while the Applicant considered its options to repair and/or dispose of the facility.
Issue: Was the hydroelectric power plant inactive awaiting repairs at the time of the disaster?
Rationale: 44 CFR §206.221(c), Public Assistance Eligibility; 44 CFR §206.226(k)(2), Restoration of damaged facilities.