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Second Appeal Brief
PA ID# 000-UN08R-00; Jasper Newton Electric Cooperative
PW ID# Project Worksheet 2545; Debris Removal
Citation: FEMA-1606-DR-TX, Jasper Newton Electric Cooperative, PW 2545Cross-reference:
In the aftermath of Hurricane Rita, Jasper Newton Electric Cooperative (Applicant) identified 4,500 trees that were considered dangerous, on the right-of-way (ROW), and under the Applicants jurisdiction for removal. FEMA prepared PW 2545 on
March 13, 2006, for $882,000 to fund debris removal activities started during the disaster. Later that same month, the Applicant accepted bids from contractors to perform a full system survey to identify system deficiencies caused by the storm. The Applicant requested and was granted an extension through
September 24, 2007. The survey was completed in January 2007 and identified an additional 6,471 trees to be removed at an additional cost of $1,873,093. A contract was awarded in February 2007 to cut the additional trees identified in the survey. The Applicant requested and was granted a second extension for the original scope of work through March 24, 2008. On March 29, 2007, the Applicant requested additional funds based on the survey. The Regional Administrator denied the request for additional funds because the additional trees identified in the survey were outside the original scope of work.
On July 10, 2007, the Applicant submitted its first appeal. The State supported the Applicants position. On February 5, 2008, the Region denied the appeal, stating that the additional trees identified 18 months after the disaster do not qualify as an immediate threat.
The Applicant submitted its second appeal on April 18, 2008, which is a resubmission of the first appeal. The Applicant did not submit any additional documentation. The State recommends approval of the appeal.Issues:
Do the additional 6,471 trees identified in the survey meet the definition of an immediate threat to health and safety?Findings:
Stafford Act Section 403; 44 CFR §206.224(a).