May 18, 2011 ADDENDUM AND CORRECTION

South Dakota One Call Notification Board
ADDENDUM AND CORRECTION

May 18, 2011
8 a.m. CDT
 
Ft. Pierre Holiday Inn Express
110 East Stanley Road
Ft. Pierre, SD

Board Members: Bleau LaFave, NorthWestern Energy, Chairman; Kurt Pfeifle, Mid-Dakota Rural Water System; Vice Chairman; Erin Hayes, Midcontinent Communications; Fay Jandreau, Midstate Communications: Todd Chambers, Watertown Municipal Utilities; Kevin Kouba, Otter Tail Power Co; Ed Anderson, SDREA; Doug Larson, Northern Border Pipeline; Dan Kaiser, CenturyLink; Eugene Solseth, Hills Septic Service; Terry Larson, Heavy Constructors;   Legal Counsel: Kara Semmler   Executive Director: Larry Janes

 

ADDENDUM 

1.     On July 27, 2007 One Call Systems, Inc. filed a complaint with the South Dakota One Call Board.  The complaint is docketed as: “OC07-006 – In the Matter of the Complaint filed by One Call Systems, Inc., against D&D Trailer Park aka S.P.O.T, De Smet, South Dakota.”  The respondent did not participate in the enforcement process.  A penalty in the amount of $1,000 was assessed and remains due and owing.  The factual basis for the complaint centered on the respondent’s refusal to join and participate in the One Call process as a facility owner.

The factual basis for the complaint was not remedied, and on March 3, 2009, a second complaint was filed against the same company.  The complaint is docketed as: “OC09-002 – In the Matter of the Complaint filed by Larry Englerth, Sioux Falls, South Dakota, against Mark Seifkes dba S.P.O.T., De Smet, South Dakota.”  Again, the respondent failed to participate in the process and a $6,000 penalty was assessed and remains due and owing.

Both dockets became civil collection dockets as the respondent remains unwilling to remedy the violation or make payment on the civil penalty.  Default Judgments were obtained for both in the Kingsbury County Circuit Court and an execution on the judgments was attempted.  The respondent refuses to accept service.

TODAY, how shall the Board proceed?

2.     Discussion Item – Start times on Emergency Locate Tickets.   Mr. Lee Marrs, Texas811, has requested an interpretation of the start time on an Emergency Locate Request.  His concern is that if an excavator gives a start time that is less than 2 hours during normal business hours or 4 hours, after hours, weekends, and holidays as required by Administrative Rule 20:25:03:10, but the start time on the ticket reflects the 2 or 4 hours as required, there could be a question of who is correct if a dispute arises.   The Board may discuss this, but may not make a binding decision outside a legally noticed proceeding.

 

CORRECTION TO THE MAY 18, 2011 AGENDA 

The Board will not hear the following item listed under “voting items (3) (f)”

“Shall an action be brought in OC11-001 – Watertown Municipal Utilities against Belair Excavating?”

ANNOUNCEMENTS:
The Board will meet for dinner at 6 PM on May 17th for dinner at the Cattleman’s Club at 29608 SD Highway 34, Pierre, SD.