October 10, 2013 (Final Approved Circulated 10/30/13)

APPROVED MINUTES

SOUTH DAKOTA ONE CALL NOTIFICATION BOARD MEETING
October 10, 2013, 8 a.m. (CDT)

Chairman Erin Hayes opened the South Dakota One Call Notification Board Meeting with the Call to Order and Roll Call at 8:00 AM, Central Daylight Savings Time at the Ft. Pierre AmericInn.  Board Members in attendance:  Erin Hayes, Representing Community Antenna Television Systems, Chairman; Bleau LaFave, Representing Investor-Owned Natural Gas Utilities; Doug Larson, Representing Interstate Carriers of Gas or Petroleum; Ed Anderson, Representing Rural Electric Cooperatives; Eugene Solseth, Representing Excavation Contractors; John Ward, Representing Excavation Contractors; Kevin Kouba, Representing Investor-Owned Electric Utilities; Kurt Pfeifle, Representing Rural Water Systems; Todd Chambers, Representing Municipalities; Also in attendance: Kristen Edwards, Legal Counsel; Larry Janes, Executive Director.

Board members unable to attend were: Dan Kaiser, Representing Telecommunication Companies Offering Local Exchange Service to More Than 50,000 Customers, Vice Chairman; Fay Jandreau, Representing Telecommunication Companies Offering Local Exchange Service to Less Than 50, 000 Customers

Other attendees included: Chris Stovall, Texas811.

2(a)     A motion was made by Kevin Kouba to approve the South Dakota One Call Notification Board Minutes of the August 7, 2013 One Call Board Meeting.  Doug Larson seconded the motion.  Motion carried unanimously.

3(a)    A review of the Financial Summary, including July 2013 through September 2013 expenditure details, was tabled until the next Board Meeting on October 17, 2013.

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

4(b)    Call Volume Trends for January 2013 through September 2013 were reviewed.  Total locate request volumes were down early in the year, but rebounded to 108,032 through September, which is 2,796 more requests than at this time last year.

5    Dave Hausmann, along with Levi Briggs of the South Dakota Department of Transportation, made a presentation regarding placing name, depth, and type of buried facilities on Subsurface Utility Exploration – SUE survey flags and in construction plans.  Dave explained how locate information is gathered through Planning Ticket Requests.  There are several quality levels in the process.  Quality Level D is for researching company records, Quality Level C is for mapping the physical features above ground, Quality Level B uses electronic locating information, and Quality Level A is for physical locating, making test holes, and recording locations and depth of work for advanced engineering.  The information gathered would be placed in engineering records and would be used during the design process.  Flags will be placed indicating the test hole number, with cut depth, facility owner, type, and wording stating “This flag is “NOT” a SD One Call marking.  Excavators are required to contact SD One Call 48 hours prior to any excavation – SDCL 49-7A”. The flags will be pulled later, but pins will remain.  Dave assured the Board that this work was not to avoid One Call requirements in future work, and that Contractors are required to adhere to 49-7A laws.

5(a)   Dave Hausmann, along with Levi Briggs of the South Dakota Department of Transportation, made a presentation regarding placing name, depth, and type of buried facilities on Subsurface Utility Exploration – SUE survey flags and in construction plans.  Dave explained how locate information is gathered through Planning Ticket Requests.  There are several quality levels in the process.  Quality Level D is for researching company records, Quality Level C is for mapping the physical features above ground, Quality Level B uses electronic locating information, and Quality Level A is for physical locating, making test holes, and recording locations and depth of work for advanced engineering.  The information gathered would be placed in engineering records and would be used during the design process.  Flags will be placed indicating the test hole number, with cut depth, facility owner, type, and wording stating “This flag is “NOT” a SD One Call marking.  Excavators are required to contact SD One Call 48 hours prior to any excavation – SDCL 49-7A”. The flags will be pulled later, but pins will remain.  Dave assured the Board that this work was not to avoid One Call requirements in future work, and that Contractors are required to adhere to 49-7A laws.

6    Erin Hayes, John Ward, and Todd Chambers were appointed to the RFP Committee on May 22, 2013. The RFP Committee met on September 24, 2013 with several companies interested in the operation of the One Call Center for South Dakota, pursuant to SDCL 5-18A-7(5).  Kurt Pfeifle made a motion to move into Executive Session to discuss the financial elements of the various proposals.  Erin Hayes seconded the motion.  Motion carried unanimously.  Time into Executive Session was at 8:10 AM.  Time out of Executive Session was at 8:33 AM.  At this time the Executive Director thanked Erin Hayes, John Ward, Todd Chambers and Kristen Edwards for their time and insight throughout this process and provided an overview of the steps taken throughout.  The RFP was posted to the SD Office of Procurement website on August 20, 2013.  Invitation letters to participate in the process were also emailed to the five known One Call companies that serve the industry.  Those companies include, Asplundh PelicanCorp, an international firm, KorPartners, One Call Concepts, Password, and Texas Excavation Safety System, Inc. dba Texas811.  A series of Q & A’s, beginning August 23rd and ending on September 19th were responded to on a weekly basis to these five companies and to all others who had expressed interest in the RFP.  Each Q & A included all previously answered questions, so any late entries would have all the same information as everyone else.  A total of 13 companies expressed interest, although only the 5 which received letters were potential prospects, due to the nature of their businesses.  Asplundh PelicanCorp and KorPartners respectfully declined (by email) to participate, which left Password, One Call Concepts, and Texas811.  The proposal submission deadline was October 20th, with presentations to be made on October 24th.  Erin Hayes, John Ward, Todd Chambers, Kristen Edwards and the Executive Director met with these three companies in Ft. Pierre on October 24th.  Erin Hayes met with One Call Concepts in Jefferson City, Missouri to tour their center and review processes.  The RFP Committee met this morning to discuss a final recommendation to the Board.  After careful consideration and use of the evaluation criteria in the RFP, the Committee recommends awarding a contract for the operation of the South Dakota One Call Center to Texas Excavation Safety System, Inc., dba Texas811.  The South Dakota One Call Board will meet via conference call on October 17, 2013, at 2:00 PM, to vote on the recommendation.

7    Bleau LaFave mentioned that NorthWestern Energy is considering legislation requiring white lining. He provided documentation stating what other states do in this regard today.  Lack of white lining causes confusion, wasted time, and is a safety concern, but white lining is only mandatory is a couple of states.  John Ward mentioned that his company white lines, but going back to a work site to white line becomes an issue when that location is 20 miles out or 3 or 4 hours away. A question came up of whether or not the Board does enough to promote white lining.  Gene Solseth stated that in his business, the exact dig area is often times not known until the work begins.  Doug Larson asked if there was a desire to review or change what is already in 20:25:03:04, which outlines precise marking instructions, white lining, and arranging a meet when either are impractical.  It was agreed that the Board would take no action at this time, but would review the Administrative Rule and the script used today by the One Call Center.

8     During the August 7, 2013 Board Meeting there was discussion suggesting the Board pursue changing the name of South Dakota One Call to South Dakota 811.  Gene Solseth asked if this was worth opening up.  Todd Chambers, Kevin Kouba, and Ed Anderson agreed that there should be no reason for concern.  Kurt Pfeifle mentioned that this is a very insignificant item, that it might be better to wait and attach to other legislation.  Bleau LaFave stated it is only a branding issue and asked if we want to do this.  Doug Larson suggested that we let this ride.  It was agreed to table this item for now.

9    South Dakota One Call became aware that MidAmerican Energy is considering a change in South Dakota One Call law, which would allow digging in emergency situations before locates are complete.  This item was placed on the Agenda to determine if the Board should consider supporting this type of legislative change. Bleau LaFave mentioned that he was now working with MidAmerican Energy to consider making a change similar to what NorthWestern Energy did several years ago with bar hole leak detection.  He stated that there is a difference between accepting liability and violating the law.  Bleau went on to state that he has recommended that MidAmerican Energy provide language to the Board.

10     Executive Director Report Items

10(a)     OC13-008, Southeastern Electric Cooperative, Inc. against Empire Construction.  Southeastern Electric requested the complaint be withdrawn.  Today shall the One Call Board accept the recommendation of the Enforcement Panel to allow the complaint to be withdrawn?  Gene Solseth made a motion to accept the Panel’s Recommendation.  Doug Larson seconded.  Motion carried unanimously.

10(b)     OC13-009, Montana-Dakota Utilities Company against Teupel Construction.  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 requirements are not met? Kurt Pfeifle made a motion to accept the Panel Recommendation.  Bleau LaFave seconded the motion.  Motion carried unanimously.

10(c)     OC13-010, NorthWestern Energy against CentuyLink.  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 requirements are not met?  Kurt Pfeifle made a motion to accept the Panel Recommendation.  Erin Hayes seconded the motion.  Motion carried 
 unanimously

10(d)     OC13-011,  Montana-Dakota Utilities Company against Swiftec.  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 requirements are not met?  Doug Larson made a motion to accept the Panel Recommendation.  Kevin Kouba seconded the motion.  Motion carried unanimously.

10(e)    OC13-012, Montana-Dakota Utilities Company against Swiftec.  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 requirements are not met?  Bleau LaFave made a motion to accept the Panel Recommendation.  Todd Chambers seconded the motion.  Motion carried unanimously.

10(f)    OC13-013, MidAmerican Energy Company against Sterling Lonestar.  The Enforcement Panel found that the complaint was not filed within ninety days of discovery of the violation, therefore, it voted unanimously to recommend dismissal of the complaint.  Today shall the One Call Board accept the recommendation of the Enforcement Panel to dismiss the Complaint?    Erin Hayes made a motion to accept the Panel Recommendation.  Kurt Pfeifle seconded the motion.  Motion carried unanimously.

10(g)    OC13-014, MidAmerican Energy Company against Select Builders.  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 requirements are not met? Doug Larson made a motion to accept the Panel Recommendation.  Bleau LaFave seconded the motion.  Motion carried unanimously.

10(h)    OC13-015, NorthWestern Energy against CenturyLink. 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 requirements are not met?  Kurt Pfeifle made a motion to accept the Panel Recommendation.  Erin Hayes seconded the motion.  Motion carried unanimously.

10(i)    OC13-016, NorthWestern Energy against CenturyLink. 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 requirements are not met?  Kurt Pfeifle made a motion to accept the Panel Recommendation.  Erin Hayes seconded the motion.  Motion carried unanimously.

10(j)     OC13-017, NorthWestern Energy against CenturyLink. 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 requirements are not met?  Todd Chambers made a motion to accept the Panel Recommendation.  Kurt Pfeifle seconded the motion.  Motion carried unanimously.

10(k)    OC13-018, NorthWestern Energy against Cleary Building Corp.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 requirements are not met?  Erin Hayes made a motion to accept the Panel Recommendation.  Gene Solseth seconded the motion. Motion carried unanimously.

10(l)    Today, shall the One Call Board approve hosting a Legislative Breakfast on Thursday, February 20, 2014 from 7:00 AM to 10:00 AM?  Kevin Kouba mentioned that he thought this was worthwhile.  Other comments were also made that this is a good event for answering questions about One Call.  Bleau Lafave made a motion to hold the breakfast.  Kevin Kouba seconded the motion. Motion carried unanimously.

10(m)    General Discussion.  The Executive Director stated that the attorney for Stromseth Construction had requested the Board to accept a payment schedule regarding OC12-012.  After discussion with Erin Hayes, Kristen Edwards tentatively agreed.  Stromseth apparently has since changed position on this, so a new writ of execution to collect has been issued.  The Executive Director mentioned that the dates for the CGA Conference are set for March 11th to 13th in Phoenix, Az.

There being no further business, Kevin Kouba made a motion to adjourn. Ed Anderson seconded the motion. Motion carried unanimously upon a roll call vote.

ANNOUNCEMENTS:

Next Board Meeting will be by conference call on October 17, 2013.

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