October 3, 2012 (Final Approved 02/22/13)

APPROVED MINUTES

SOUTH DAKOTA ONE CALL NOTIFICATION BOARD MEETING
OCTOBER 3, 2012, 8 A.M. CDT

Chairman Kurt Pfeifle opened the South Dakota One Call Notification Board Meeting with the Call to Order and Roll Call at 8:00 a.m., CDT at the Ft. Pierre Holiday Inn Express.

Board Members in attendance: Kurt Pfeifle, Chairman, representing Rural Water Systems; Erin Hayes, Vice-Chairman, representing Community Television Antenna Systems; Bleau LaFave, representing Investor-Owned Natural Gas Utilities;
Kevin Kouba, representing Investor-Owned Electric Utilities; Dan Kaiser, representing Telecommunication Companies with more than fifty thousand customers; John Ward, representing Excavating Contractors; Kristen Edwards, Legal Counsel; Larry Janes, Executive Director.

Board members unable to attend were: Doug Larson, representing Underground Interstate Carriers of Gas or Petroleum; Todd Chambers, representing South Dakota Municipalities; Eugene Solseth, representing Excavating Contractors; Fay Jandreau, representing Telecommunications Companies with less than fifty thousand subscribers; and Ed Anderson, representing Rural Electric Cooperatives.

Other attendees included: Terry Larson, Heavy Constructors, Inc.; Lee Marrs, Texas811; Mike Losawyer, Texas811.

Kristen Edwards was welcomed as the new legal counsel to the South Dakota One Call Board.

2(a)    A motion was made by Erin Hayes to approve the South Dakota One Call Notification Board Minutes of the June 20, 2012 One Call Board Conference Call. Dan Kaiser seconded the motion. Motion carried unanimously upon a roll call vote.

3(a)    The Financial Summary including June 2012 through August 2012 expenditure details was reviewed.

Kevin Kouba made a motion to approve the financial report. Dan Kaiser seconded the motion. Motion carried by unanimous vote.

4(a)    Center Performance Results were reviewed. Speed of Service was discussed and is within contract guidelines.

4(b)    Call Volume Trends for 2012 through April 30th were reviewed. 92,081 incoming locate requests have been received this year through August, compared to 82,859 in 2011 for the same time period. 536,612 locate tickets have been dispatched, compared to 490,865 for the same time period in 2011. Larry Janes mentioned that changes will be made to future Center reports to eliminate duplicate reporting information.

5    Executive Director Report Items:

5(a)    The status of Complaint Docket OC11-003, NorthWestern Energy against Split Rock Contracting was discussed. On June 6, 2012, the Public Utilities Commission authorized civil action to recover the penalty of one thousand dollars as ordered by the South Dakota One Call Notification Board.

5(b)    The status of Complaint Dockets OC11-007 and OC11-008, Southeastern Electric Cooperative, Inc. against Don Runge was discussed. On June 6, 2012, the Public Utilities Commission authorized civil action to recover the penalties of two thousand dollars as ordered by the South Dakota One Call Notification Board for Docket OC11-007 and two thousand five hundred dollars as ordered by the South Dakota One Call Notification Board for Docket OC11-008.

5(c)  OC12-006, Complaint against Sharpe Enterprises Inc. by City of Pierre, South Dakota. The Enforcement Panel met and made a recommendation to the Board regarding disposition of the Docket. Today shall the One Call Board accept the recommendation of the Enforcement Panel and shall the One Call Board close the Docket?

During the review process of this complaint, it was mentioned that Sharpe Enterprises responded to the Complaint after the deadline of the Complaint Notice. Bleau LaFave stated that it’s important that timelines be met. Bleau went on to make a motion to accept the Enforcement Panel Recommendation, and close the Docket. Erin Hayes seconded the motion. Dan Kaiser voted against. The motion carried. 

5(d)    OC12-007, Complaint against RCS Construction by Montana-Dakota Utilities Co.. The Enforcement Panel met and made a recommendation to the Board regarding disposition of the Docket. Today shall the One Call Board accept the recommendation of the Enforcement Panel, and shall the One Call Board close the Docket, and shall the Board pursue collection activity if the penalty is not paid?

After review, Kevin Kouba made a motion to accept the Enforcement Panel Recommendation, and close the Docket, and
pursue collection activity if the penalty is not paid. Dan Kaiser seconded the motion. Motion carried by unanimous vote.

5(e)     OC12-008, Complaint against Wagner Building & Supply by Charles Mix Electric, Inc.. The Enforcement Panel met and made a recommendation to the Board regarding disposition of the Docket. Today shall the One Call Board accept the recommendation of the Enforcement Panel, and shall the One Call Board close the Docket, and shall the Board pursue collection activity if the penalty is not paid?

After review, Erin Hayes made a motion to accept the Enforcement Panel Recommendation, and close the Docket, and pursue collection activity if the penalty is not paid. Bleau LaFave seconded the motion. Motion carried by unanimous vote.

5(f)    OC12-009, Complaint against Absolute Contracting Service, Inc. by South Dakota Intrastate Pipeline Co. The Enforcement Panel met and made a recommendation to the Board regarding disposition of the Docket. Today shall the One Call Board accept the recommendation of the Enforcement Panel and shall the One Call Board close the Docket and shall the Board pursue collection activity if the penalty is not paid?  During the review of the Complaint the executive director stated that Absolute Contracting Service, Inc had presented evidence after the Enforcement Panel meeting, but that it could not be considered outside of the hearing process. Absolute had requested a hearing, but later withdrew that request.

Bleau LaFave made a motion that the Board reject the Enforcement Panel Recommendation due to a procedural error. John Ward seconded the motion. Motion carried by unanimous vote.

At this time discussion was held regarding the verbiage placed on high profile tickets. A change had recently been made, but it was suggested that we go back to the original verbiage, Lee Marrs expressed concern from a Center standpoint about that original language on these tickets. The Board agreed and made a final change. Locate tickets with operators of high profile underground facilities will now have the following language at the bottom of the  ticket: *A high profile facility is in the area and a meet may be    required. The operator may also require to be present when excavating.  Please refer to Administrative Rule 20:25:03:10.02.

5(g)    OC12-010, Complaint against Excavating Specialists by Montana-Dakota Utilities Co. The Enforcement Panel met and made a recommendation to the Board regarding disposition of the Docket. Today shall the One Call Board accept the recommendation of the Enforcement Panel and shall the One Call Board close the Docket and shall the Board pursue collection activity if the penalty is not paid?

After review, Kevin Kouba made a motion to accept the Enforcement Panel Recommendation, and close the Docket, and pursue collection activity if the penalty is not paid. Bleau LaFave seconded the motion. A roll call vote was taken. John Ward abstained.  Motion carried unanimously by roll call vote.

5(h)    OC12-011, Complaint against John Wellnitz by Northern Natural Gas Co.. The Enforcement Panel met  and made a recommendation to the Board regarding disposition of the Docket. Today shall the One Call Board accept the recommendation of the Enforcement Panel and shall the One Call Board close the Docket and shall the Board pursue collection activity if the penalty is not paid?

After review, Dan Kaiser made a motion to accept the Enforcement Panel Recommendation, and close the Docket, and pursue collection activity if the penalty is not paid. Erin Hayes seconded the motion. Motion carried by unanimous vote.

5(i)    OC12-012, Complaint against Stromseth Construction by Watertown Municipal Utilities. The Enforcement Panel met and made a recommendation to the Board regarding disposition of the Docket. Today shall the One Call Board accept the recommendation of the Enforcement Panel?

After review, Bleau LaFave made a motion to accept the Enforcement Panel Recommendation, and close the Docket, and pursue collection activity if the penalty is not paid. Dan Kaiser seconded the motion. Motion carried by unanimous vote.

5(j)    OC12-013, Complaint against MP Nexlevel, LLC by TM Rural Water District.. The Enforcement Panel  met and made a recommendation to the Board regarding disposition of the Docket. Today shall the One Call Board accept the recommendation of the Enforcement Panel and shall the One Call Board close the Docket and shall the Board pursue collection activity if the penalty is not paid?

After review, Erin Hayes made a motion to accept the Enforcement Panel Recommendation, and close the Docket, and pursue collection activity if the penalty is not paid. Dan Kaiser seconded the motion. Motion carried by unanimous vote.

5(k)    OC12-014, Complaint against MP Nexlevel, LLC by TM Rural Water District.. The Enforcement Panel met and made a recommendation to the Board regarding disposition of the Docket. Today shall the One Call Board accept the recommendation of the Enforcement Panel and shall the One Call Board close the Docket and shall the Board pursue collection activity if the penalty is not paid?

After review, Kevin Kouba made a motion to accept the Enforcement Panel Recommendation, and close the Docket, and pursue
collection activity if the penalty is not paid. John Ward seconded the motion. Motion carried by unanimous vote.

5(l)    OC12-015, Complaint against MP Nexlevel, LLC by TM Rural Water District.. The Enforcement Panel met and made a recommendation to the Board regarding disposition of the Docket. Today shall the One Call Board accept the recommendation of the Enforcement Panel and shall the One Call Board close the Docket?

After review, Erin Hayes made a motion to accept the Enforcement Panel Recommendation, and close the Docket, and pursue collection activity if the penalty is not paid. Bleau LaFave seconded the motion. Motion carried by unanimous vote.

5(m)  The executive director stated that letters had gone out to the South Dakota Department of Transportation, South Dakota Municipal League, South Dakota Association of counties, South Dakota Association of Towns and Townships, and the South Dakota Electrical Commission seeking assistance by the South Dakota One Call Board. They had been asked to require proof of membership in SD One Call before granting permits to those placing private underground facilities, or at least inform them of the   requirement to become a member. The executive director will begin researching public records in major towns and counties for permits where placement of those private facilities has been granted. Letters will then be sent to those who are not members of South Dakota One Call.

5(n)    The executive director mentioned that after discussion with Bleau LaFave he would like to set up a sub-committee to discuss a more efficient budget process. A sub-committee will be set up after the first of the year.

5(o)    Text notifications, instead of voice out calls was discussed. Lee Marrs and Mike Losawyer mentioned that this is available in Texas. An automated system for voice outs is about to be deployed in Texas also. There are rules in place for each of these to make certain that messages are received.

There being no further business, Kevin Kouba made a motion to adjourn. John Ward seconded. Motion carried. Meeting adjourned.

Materials presented at this meeting are available by contacting the Executive Director in writing at exedir@sdonecall.com or by calling (605) 339-0529.

Minutes of this meeting were prepared by Larry Janes, Executive Director, South Dakota One Call Notification Board. For information about South Dakota One Call, please visit http://onecall.sd.gov.