Delaware Electric Cooperative, Generator Purchase

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Appeal Type: 
2nd
Appeal Keywords: 
Applicant Name: 
Delaware Emergency Management Agency
Summary Brief: 
1st Appeal
• Issue
o Delaware Electric Cooperative (DEC), requested HMGP funding to purchase a diesel generator under disaster declaration DR-1017- DE. FEMA Region III denied approval, and DEC appealed. Region III then denied the appeal.
• Reason for Denial
o The proposed generator project did not meet the minimum eligibility requirements of the HMGP provided in 44 CFR 206.434, requiring that a project solve a problem independently or constitute a functional portion of a solution.
• Reference(s)
o 44 CFR 206.434 Eligibility;   44 CFR 206.440 Appeals
2nd Appeal
• Issue
o DEC’s claim in opposition to the 1st appeal denial was that the proposed project would prevent damages to the DEC utility, and therefore, is an eligible HMGP project.
• FEMA Findings
o The 2nd appeal decision was to uphold the 1st appeal denial.
o The rationale for the decision was that the project failed to demonstrate a long-term remedial measure for future power outages in a natural disaster, and therefore did not qualify for funding under the HMGP. However, FEMA HQ referred the Applicant to Delaware’s 5% Initiative under the HMGP.
o Reference(s):  44 CFR 206.434 Eligibility;   44 CFR 206.440 Appeals
Letter: 
JAN 28 1997
 
Mr. John P. Mulhern, Director
Delaware Emergency Management Agency
Department of Public Safety
P. 0. Box 527
Delaware City, Delaware 19706
 
Dear Mr. Mulhern:
 
This letter responds to a second appeal filed on behalf of the Delaware Electric Cooperative (DEC) for a grant under the Hazard Mitigation Grant Program (HMGP). The grant was requested to purchase a diesel generator under disaster declaration FEMA1017-DR-DE.

You asked that I, as Executive Associate Director for Mitigation at the Federal Emergency Management Agency (FEMA), reverse the decision of the FEMA Regional Director, Region III, because the proposed project would prevent damages to the DEC, and therefore, is an eligible HMGP project.

After reviewing the information on the appeal, I conclude the proposed project is ineligible for a grant under the HMGP. My conclusion supports the previous findings of the FEMA Regional Director, Region III:
 
The proposed generator project does not meet the minimum eligibility requirements of the HMGP as noted in FEMA regulations found at 44 CFR 206.434 (b)(4). The regulations require that the proposed project solve a problem independently or constitute
a functional part of a solution. I feel this project fails to demonstrate a long-term remedial measure for future power outages in a natural disaster, and thus, does not qualify for funding under the HMGP.

Nonetheless, funding under the HMGP remains available. The project can proceed using Delaware's 5% initiative funding at your discretion.
The staff in FEMA Region III is available to assist you and the Delaware Electric Cooperative in identifying other alternatives towards reducing damages to the utility should you choose not to use the 5% initiative. We look forward to working with you in this matter.
 
Sincerely,
 
Richard W. Krimm
Executive Associate Director
Mitigation Directorate
 
Enclosure

 

Date Determination Letter Signed: 
January 28, 1997