Enviornmental Review
Appeal Brief
| Disaster | FEMA-1725-DR |
| Applicant | Nodak Electric Cooperative |
| Appeal Type | Second |
| PA ID# | 000-URHXF-00 |
| PW ID# | Project Worksheet 6 |
| Date Signed | 2008-09-29T04:00:00 |
Citation: FEMA-1725-DR-ND Nodak Electric Cooperative Enviornmental Review; Project Worksheet (PW) 6
Summary:
During the tornado of July 15, 2007, six electrical poles were broken causing an outage to approximately 255 households. Three of the poles were located in water that was deeper than normal equipment could easily access. Service was restored by temporarily feeding the outage area from an alternate circuit. To permanently restore power, the Applicant buried a replacement cable in accordance with its standard practices and energized the new line on July 28, 2007. FEMA wrote a PW for the project, but did not obligate funds because it determined that the work was completed prior to the September 7, 2007, declaration date. The Applicant completed the project before FEMA could conduct the required environmental assessment The Regional Environmental Officer determined that the project was not statutorily excluded from the National Environmental Policy Act (NEPA) process. As a result, on November 7, 2007, FEMA deemed the project ineligible for reimbursement.
The Applicant submitted the first appeal on December 14, 2007. The Applicant stated that it completed the permanent repairs as quickly as possible to mitigate future outage problems, and requested that FEMA reverse the denial of the claim. The Response and Recovery Division Director denied the first appeal in a letter dated January 29, 2008, because the Applicant completed the project before FEMA could conduct an environmental review as required and outlined in 44 CFR Part 10.
The Applicant submitted a second appeal on March 17, 2007, requesting that FEMA reconsider the eligibility of the project. No additional documentation was provided.
Issues:
Was an environmental review required prior to beginning the repair work?
Findings:
Yes.
Rationale:
44 CFR Part 10.
Appeal Letter
September 29, 2008
Lonnie G. Hoffer
Alternate Governors Authorized Representative
Office of the Adjutant General
Department of Emergency Services
P. O. Box 5511
Bismarck, North Dakota 58506
Re: Second AppealNodak Electric Cooperative, PA ID 000-URHXF-00,
Environmental Review, FEMA-1725-DR-ND, Project Worksheet (PW) 6
Dear Mr. Hoffer:
This is in response to your letter dated March 27, 2008, which transmitted the referenced second appeal on behalf of Nodak Electric Cooperative (Applicant). The Applicant is appealing the Department of Homeland Securitys Federal Emergency Management Agencys (FEMA) decision that the replacement of damaged power lines underground is ineligible for reimbursement under the Public Assistance Program.
During the tornado of July 15, 2007, six electrical poles were broken causing an outage to approximately 255 households. Three of the poles were located in water that was deeper than normal equipment could easily access. The Applicant restored service by temporarily feeding the outage area from an alternate circuit. To permanently restore power, the Applicant buried a replacement cable in accordance with its standard practices and energized the new line on
July 28, 2007. FEMA prepared a PW for the project, but did not obligate funds because the Applicant completed the work before FEMA could conduct an environmental assessment. The Regional Environmental Officer determined that the project was not statutorily excluded from the National Environmental Policy Act (NEPA) process. On November 7, 2007, FEMA determined that the project was ineligible for reimbursement.
The Applicant submitted the first appeal on December 14, 2007. The Applicant stated that it completed the permanent repairs as quickly as possible to mitigate future outage problems. The Applicant requested that FEMA reverse the denial of the claim. The Regional Response and Recovery Division Director denied the first appeal in a letter dated January 29, 2008, because the Applicant completed the project prior to FEMA completing an environmental review as required and outlined in 44 CFR Part 10.
The Applicant submitted a second appeal on March 17, 2007, requesting that FEMA reconsider the eligibility of the project. No additional documentation was provided.
NEPA requires Federal agencies to conduct environmental reviews of proposed projects prior to approving funds to ensure that environmental consequences are considered in the decision-making process. The Applicant completed the project before FEMA could conduct an environmental review as required by statute and program regulations. Based on a review of all the information submitted with the appeal, I have determined that the Regional Response and Recovery Division Directors decision on the first appeal is consistent with program statute and regulations. Therefore, I am denying the second appeal.
Please inform the Applicant of my decision. My determination constitutes the final decision on this matter as set forth in 44 CFR §206.206.
Sincerely,
/s/
Carlos J. Castillo
Assistant Administrator
Disaster Assistance Directorate
cc: Garry L. Briese
Regional Administrator
FEMA Region VIII