FEMA: Governor has to ask for help

A spokeswoman from the Federal Emergency Management Agency clarified the CNMI’s eligibility for assistance in dealing with the power situation under the Stafford Act yesterday.

Meanwhile, a public demonstration seeking federal intervention in the Commonwealth Utilities Corp. is slated for today.

Kelly Hudson, a spokeswoman for FEMA, said the organization could not determine if resources were available until a governor made a request for assistance.

“At that time, FEMA will consider it on rather or not it applies,” she said of the Stafford Act.

Last week, a spokeswoman from FEMA said the organization “would not be involved in this since this is not a Stafford Act related issue.”

But Hudson, when asked to clarify if the CNMI’s situation does fall under the Stafford Act, said that FEMA couldn’t speculate without a request.

“We have no idea what the governor would ask for,” she added.

The Stafford Act allows for the 50 States, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, and the Trust Territory of the Pacific Islands to request federal intervention during times of a major disaster. The Act gives FEMA the responsibility to coordinate various government and non-government agencies to provide relief.

The governor of the affected state must make the request stating that the magnitude of the disaster is beyond the capabilities of the local and state government.

Washington Rep. Pete A. Tenorio has insisted that the Commonwealth is eligible for assistance under the Act. He said that based upon his discussions with FEMA and Homeland Security officials in D.C., there is precedent for the request.

He said FEMA has provided emergency assistance to several non-natural disasters in the last few years, including the New York power outage in August 2003, and the Minnesota bridge collapse in August 2007.

Hudson said in the case of the bridge collapse, the government sought help after the local coroner was so overwhelmed with the number of deaths they could not handle it on their own. Officials were similarly overwhelmed in New York, she said. The shelters were overcrowded and medication for the elderly was going bad with the lack of power.

“Again, the governor said the local resources can’t handle this,” Hudson said.

Although, if a typhoon was to come in and sweep half the island away and the governor did not seek help, that might be a different story, she said.

Charles Reyes, press secretary for the Governor’s Office, said the governor is always interested in help, but “when we looked into it we were told it was not available.”

The CNMI Department of Finance, after contacting FEMA, was told it did not apply, and the Office of the Attorney General also read the Act and determined it did not apply, Reyes said.

“I think FEMA is caught in an uncomfortable position dealing with politics here,” he said. “I can understand why they are really reluctant in becoming embroiled in the politics of our islands. Any person could see that.”

Even if the Stafford Act does apply, it’s irreverent, Reyes said, adding that since the emergency Aggreko generators were turned on last week, the island has had stable power.

“It’s a moot point,” he said. “We don’t have the same type of emergency.”

However, there is still a crisis, he said, and Fitial’s declaration of a state of disaster emergency for CUC will continue to stand for legal reasons. Under the declaration, CUC was able to expedite the installation process of the generators.

During today’s rally, participants will be requesting President Bush to declare a federal state of emergency on the failing power, water and wastewater of CUC under the Stafford Act. Protestors are also asking for an audit of funds expended by CUC in the last 10 years, and a federal court-appointed receivership for CUC until utilities are restored and CUC’s financial situation is stabilized.