October 17, 2013 (Draft Circulated (10/30/13)

DRAFT/UNAPPROVED MINUTES

SOUTH DAKOTA ONE CALL NOTIFICATION BOARD MEETING
October 17, 2013, 1 p.m. (MST), 2 p.m.(CST)

South Dakota One Call Notification Board met on October 17, 2013 by Conference Call, with a location for the public at the Heavy Construction Conference Room located at 4101 Deadwood, Ave. N., Rapid City, SD. Chairman Erin Hayes opened the meeting with a Call to Order and Roll Call at 2:00 PM, Central Daylight Savings Time (1:00 PM Mountain Daylight Savings Time).

Board Members in attendance by Conference Call: 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; Eugene Solseth, Representing Excavation Contractors; Fay Jandreau, Representing Telecommunication Companies Offering Local Exchange Service to Less Than 50, 000 Customers; John Ward, Representing Excavation Contractors; 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; Ed Anderson, Representing Rural Electric Cooperatives; Kevin Kouba, Representing Investor-Owned Electric Utilities.

Attendees by conference call included: Chris Stovall, Texas811; Suzan Stewart, MidAmerican Energy; Dan Miller, MidAmerican Energy; Michelle Payne, MidAmerican Energy; Alicia Berger, Xcel Energy; Bob Mercer, reporter.

   A motion was made by Bleau LaFave to approve the South Dakota One Call Notification Board Minutes
of  the October 10, 2013, One Call Board Meeting. Kurt Pfeifle seconded the motion. Motion carried unanimously upon a roll call vote.

3    A review of the Financial Summary, including July 2013 through September 2013 expenditure details, was tabled until the next Board Meeting.

   At the October 10, 2013, South Dakota One Call Board Meeting the Request for Proposal Committee recommended the Board offer a contract to Texas Excavation Safety System, Inc., dba Texas811, to operate the South Dakota One Call Center from January 1, 2014, through December 31, 2018.

Today shall the South Dakota One Call Board accept the recommendation of the committee, and today shall the Board offer a contract to Texas Excavation Safety System, Inc., dba Texas811 for the operation of the South  Dakota One Call Center from January 1, 2014 through December 31, 2018?  Or, how shall the Board proceed?

The Executive Director reviewed the RFP process once again which was previously discussed at the October 10, 2013, Board Meeting. The RFP was posted to the SD Office of Procurement website on August 20, 2013, and invitation letters to participate in the process were emailed to the five known One Call companies that serve the industry today. Those companies included:   Asplundh PelicanCorp, an international firm based out of Hamden Connecticut; KorPartners, Chanhassen, Minnesota; One Call Concepts, Hanover, Maryland;  Password, Spokane Washington; and Texas Excavation Safety System, Inc. dba Texas811, Dallas Texas.  A series of Q & A’s, beginning August 23rd and ending on September 19th were responded to on a weekly basis to all companies 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 in the RFP. No companies from South Dakota responded to the RFP. Password, One Call Concepts, and Texas811 offered proposals to operate the South Dakota One Call Center. No other companies chose to participate beyond information gathering. 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. The following week Erin Hayes toured the One Call Concepts center in Jefferson City, Missouri to review processes. After careful consideration and use of the evaluation criteria in the RFP, the Committee recommended awarding a contract for the operation of the South Dakota One Call Center to Texas Excavation Safety System, Inc., dba Texas811.

At this time Kurt Pfeifle made a motion to accept the recommendation of the RFP committee to offer a contract to Texas Excavation Safety System, Inc., dba Texas811, to operate the South Dakota One Call Center from January 1, 2014, through December 31, 2018. John Ward seconded the motion. Motion carried unanimously upon a roll call vote.

5     Today, the Board shall review Administrative Rule 20:25:03:04 and the One Call Center script relating to precise marking and white lining, which when used, excavators mark the perimeter of the excavation area or length and direction of the proposed excavation route by means of white paint or flags.

Today, shall the Board consider making changes to Administrative Rule 20:25:03:04 or to the center script relating to precise marking and white lining?

Bleau LaFave began the discussion suggesting a group be put together to review the Administrative Rule more thoroughly. Todd Chambers thought the idea of a committee was good to look at the law and to review the Center script. Maybe a combination of changes to both would be in order. John Ward stated white lining is in place today in the Administrative Rule, and asked if this is an education issue. Bleau stated that the first item in the Rule is providing a precise description, and the second is white lining. His preference would be to reverse the order of the two. He would like to see a recommendation from the committee by the next Board meeting. Todd mentioned deferring any change to the Center script to the committee also.

Erin Hayes made  a motion that the Strategic Planning Committee review and make a recommendation to the Board at the next Board meeting. Bleau LaFave seconded the motion. Motion carried unanimously upon a roll call vote.

6.     Today, the Board shall review a draft copy of an exception to 49-7A-5, Emergency Locates?

Today shall the Board accept and approve this language, and today shall the Board support legislation with this new language?

Bleau LaFave mentioned the law states you cannot dig before locates are done, even if you’re trying to prevent further damage or loss of life. We need to limit exceptions to the law, but there are certain situations where one just cannot wait for locates to be completed. One thing to consider is with high profile facilities nearby, a situation could be made worse without locate information. A MidAmerican Energy concern is to reduce the time to identify buried facilities in order to control gas leaks. Waiting 2 to 4 hours for Emergency locates is a limitation. John Ward stated that he didn’t feel current law limited liability, if digging in this situation. Todd Chambers thought an exemption covering digging during a gas leak and bar hole leak test detection should cover this and could include the Division of Wild Land Fire. Bleau LaFave thought these should be put in one at a time to avoid unintended consequences.  Erin Hayes discussed liability by quoting 49-7A-10. Bleau LaFave mentioned that he didn’t want to put employees in the position of breaking the law in a gas fire situation. Bleau LaFave then made a motion that the Board support legislation to allow digging in a gas fire event, contingent upon the excavator being liable for damage to other facilities. Erin Hayes seconded the motion. Todd Chambers asked if the Board had supported the Bar Hole Leak Detection legislation.  Bleau LaFave stated that NorthWestern Energy introduced that legislation, and the Board did support that effort. Gene Solseth stated that he is not comfortable with the position the Board is being asked to consider. Bleau LaFave stated that he is confident that the liability issue is covered. Gene Solseth stated that he is not comfortable moving ahead with this today. Kristen Edwards was asked to draft a legal opinion of current law. Michelle Payne stated that she would be willing to take the lead on this issue. Gene Solseth stated he would feel better about this after hearing Kristen Edward’s opinion.

The vote was called. Motion carried unanimously upon a roll call vote.

There being no further business the Executive Director asked for a motion to adjourn. Erin Hayes made that motion. John Ward seconded.  Motion carried unanimously upon a roll call vote.       

Minutes of this meeting were prepared by Larry Janes, Executive Director, South Dakota One Call Notification Board. For information about South Dakota One Call/South Dakota 811, please visit http://onecall.sd.gov.

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