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Second Appeal Brief
PA ID# 041-UEBHL-00; Energy Northwest
PW ID# 511; Pipeline Stabilization
Citation: FEMA-1671-DR-WA, Energy Northwest, PW 511, Pipeline Stabilization, Project Worksheet (PW) 511
Reference: Facility Eligibility, Landslides
Summary: Energy Northwest (Applicant) is a public utility that owns a 72-inch hydroelectric water line that supplies water from a lake to a hydroelectric station. The pipeline lies on the side of a mountain in a cut-and-fill arrangement with a maintenance and inspection access road on top of the pipeline and the fill. Heavy rains and flooding washed out culverts and fill but did not damage the pipeline. The Applicant installed an H-pile tieback wall to stabilize landslide area. The State submitted the first appeal on June 11, 2008, requesting $1,040,000 for emergency protective measures to protect the pipeline.
In a letter dated September 5, 2008, the Acting Regional Administrator denied the appeal stating that the pipeline was not damaged and that there was no immediate threat to the pipeline. The first appeal also stated that there was a more cost effective solution for stabilization. The Applicant claims that the pipeline was endangered due to loss of the fill material and erosion of the fill material would continue without a stabilization project.
Issue: Did the landslide create an immediate threat of damage to the pipeline?
Rationale: 44 CFR §206.225, Emergency Work.