February 19, 2014 (Draft Circulated 03/05/14)

DRAFT/UNAPPROVED MINUTES

SOUTH DAKOTA ONE CALL NOTIFICATION BOARD MEETING
February 19, 2014, 1 p.m. (CST)
AmericInn, Walden Room, 312 Island Dr., Ft. Pierre, SD

1.    Vice Chairman Dan Kaiser opened the meeting with a Call to Order and Roll Call at 1:00 PM, Central Standard Time.

Members in attendance:  Dan Kaiser, Representing Telecommunication Companies Offering Local Exchange Service to More Than 50,000 Customers; Bleau LaFave, Representing Investor-Owned Natural Gas Utilities; Eugene Solseth, Representing Excavation Contractors; Fay Jandreau, Representing Telecommunication Companies Offering Local Exchange Service to Less Than 50, 000 Customers; and Todd Chambers, Representing Municipalities; Also in attendance: Kristen Edwards, Legal Counsel; and Larry Janes, Executive Director.

Board Member in attendance by Conference Call:  Doug Larson, Representing Interstate Carriers of Gas or Petroleum.

Board members unable to attend were: Erin Hayes, Representing Community Antenna Television Systems, Chairman; John Ward, Representing Excavation Contractors; Kurt Pfeifle, Representing Rural Water Systems; Ed Anderson, Representing Rural Electric Cooperatives; and Kevin Kouba, Representing Investor-Owned Electric Utilities.

Other attendees included: Mike Losawyer, President,Texas811; Chris Stovall, Operations Manager, Texas811; Brandon Truly, Technical Support, Texas811; and Boice Hillmer, South Dakota Public Utilities Commission Office of Pipeline Safety.

2.    A motion was made by Fay Jandreau to approve the South Dakota One Call Notification Board Minutes of  the October 17, 2013 One Call Board Meeting.  Bleau LaFave seconded the motion. Motion carried unanimously.

3.    The Financial Summary, including July 2013 through January 2014 expenditure details, was reviewed.

Fay Jandreau made a motion to approve the financial report.  Todd Chambers seconded the motion. Motion carried unanimously.

4.

  1. 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.
  2. Call Volume Trends from January 2013 through January 2014 were reviewed. Incoming locate requests increased significantly from April (9,865 requests) to May (19,482) requests. Total requests for 2014 set a new high of 136,814 locate requests in 2013. Outgoing locate tickets were at 807,176.
  3. Dispatched Tickets by Type were discussed. Bleau LaFave had several questions about Damage Tickets and asked for more detail around duplicate tickets being requested for the same location. Mike Losawyer stated that this could be obtained and would be provided.
  4. GeoCall Version III Deployment was discussed. Chris Stovall stated that the deployment was smooth and non-eventful. It took place entirely with using Texas811 personnel. Brandon Truly mentioned that previous users of Georemote have been trained in Portal, the new electronic ticket entry process. He went on to say that they have received many emails requesting training in the new process.

5.     The contract between the South Dakota One Call Notification Board and the Executive Director will expire on July 31, 2014.

The question before the Board was, how does the Board wish to proceed?

Dan Kaiser moved this item to the last item of the meeting. After completing Items 6 and 7 on the Agenda, this issue was then brought to the Board for discussion. Kristen Edwards stated the Board may go into Executive Session, if and only according to SDCL 1-25-2.

Dan Kaiser made a motion to meet in Executive Session. Todd Chambers seconded the motion. Motion carried unanimously.  

Time into Executive Session was at 3:13 pm.  Time out was at 3:29 pm.

6.     Executive Director Report Items

  1. OC13-019 – In the Matter of the Complaint Filed by Sioux Valley Energy, Colman, South Dakota, AgainstMidwest Excavation, Sioux Falls, South Dakota for an Incident Occurring on July 5, 2013, at 6804 E. Limestone Circle, Sioux Falls, S.D.Today shall the One Call Board accept the recommendation of the Enforcement Panel and shall the Board pursue collection activity if the requirements are not met?

    Bleau LaFave made a motion to accept the Panel Recommendation. Dan Kaiser seconded. Motion carried unanimously.

  2. OC13-020 – In the Matter of the Complaint Filed by Mid-Dakota Rural Water System, Inc., Miller, South Dakota, Against Fink Excavation, Zell, South Dakota for an Incident Occurring on August 23, 2013, at 18576 375th Ave., Tulare, S.D.Today shall the One Call Board accept the recommendation of the Enforcement Panel and shall the Board pursue collection activity if the requirements are not met?

    Fay Jandreau made a motion to accept the Panel Recommendation. Dan Kaiser seconded. Motion  carried unanimously.

  3. OC13-021 – In the Matter of the Complaint Filed by Landscape Garden Centers, Sioux Falls, South Dakota, Against Xcel Energy, Sioux Falls, South Dakota for an Incident Occurring on September 30, 2013, at 6505 and 6509 S. Vintage Place, Sioux Falls, S.D..The Enforcement Panel found that Xcel was not in violation of any One Call statute or administrative rule.

    Today shall the One Call Board accept the recommendation of the Enforcement Panel to dismiss the complaint?

    Dan Kaiser made a motion to accept the Panel Recommendation. Fay Jandreau seconded. Motion carried unanimously.

  4. OC13-022 – In the Matter of the Complaint Filed by Crooks Municipal Utilities, Crooks, South Dakota, Against Thomas Powers, Renner, South Dakota for an Incident Occurring on September 30, 2013, at 47467 258th St., Renner, S.D.Today shall the One Call Board accept the recommendation of the Enforcement Panel and shall the Board pursue collection activity if the requirements are not met?

    Gene Solseth made a motion to accept the Panel Recommendation. Fay Jandreau seconded. Motion carried unanimously.

  5. OC13-023 – In the Matter of the Complaint Filed by Northern Natural Gas Company, Omaha, Nebraska, AgainstR&R Concrete, Hartford, South Dakota, for an Incident Occurring on September 30, 2013, at Western Ave., Sioux Falls, S.D. The Enforcement Panel did not find that R&R Concrete was in violation of any statute or administrative rule.

    Today shall the One Call Board accept the recommendation of the Enforcement Panel to dismiss the complaint?

    Bleau LaFave made a motion to accept the Panel Recommendation. Fay Jandreau seconded. Motion carried unanimously.

  6. OC13-024 – In the Matter of the Complaint Filed by MidAmerican Energy Company, Urbandale, Iowa, Against Ankeny Construction, Yankton, South Dakota, for an Incident Occurring on July 12, 2013, at 3702 Staci Lane, Yankton, S.D. The Enforcement Panel found the complaint was not filed within ninety days of discovery of the alleged violation.

    Today shall the One  Call Board accept the recommendation of the Enforcement Panel to dismiss the complaint?

    Dan Kaiser made a motion to accept the Panel Recommendation. Todd Chambers seconded. Motion carried unanimously.

  7. OC13-025 – In the Matter of the Complaint Filed by MidAmerican Energy Company, Urbandale, Iowa, Against First Dakota Horticulture, Sioux Falls, South Dakota, for an Incident Occurring on August 13, 2013, at 221 S. Sixth Ave., Brandon, S.D. Today shall the One Call Board accept the recommendation of the Enforcement Panel and shall the Board pursue collection activity if the requirements are not met?

    Fay Jandreau made a motion to accept the Panel Recommendation. Dan Kaiser seconded. Motion carried unanimously. 

  8. OC13-026 – In the Matter of the Complaint Filed by MidAmerican Energy Company, Urbandale, Iowa, AgainstAaron George, Tea, South Dakota, for an Incident Occurring on July 24, 2013, at 313 N. Minnesota Ave., Sioux Falls, S.D.Today shall the One Call Board accept the recommendation of the Enforcement and shall the Board pursue collection activity if the requirements are not met?

    Bleau LaFave made a motion to accept the Panel Recommendation. Fay Jandreau seconded. Motion carried unanimously.

  9. OC13-027 – In the Matter of the Complaint Filed by Crooks Municipal Utilities, Crooks, South Dakota, Against Mitchell Construction, Colton, South Dakota, for an Incident Occurring on October 11, 2013, at 25778 Dawson Ave., Sioux Falls, S.D. Today shall the One Call Board accept the recommendation of the Enforcement Panel  and shall the Board pursue collection activity if the requirements are not met?

    Fay Jandreau made a motion to accept the Panel Recommendation. Todd Chambers seconded.  Motion carried unanimously.

  10. OC13-028 – In the Matter of the Complaint Filed by MidAmerican Energy Company, Urbandale, Iowa, Against Stone Hill Construction, Inc., Sioux Falls, South Dakota, for an Incident Occurring on August 6, 2013, at 304 W. 3rd St., Worthing, S.D.Today shall the One Call Board accept the recommendation of the Enforcement Panel and shall the Board pursue collection activity if the requirements are not met?

    Todd Chambers made a motion to accept the Panel Recommendation. Fay Jandreau seconded. Motion carried unanimously.  

  11. OC13-029 – In the Matter of the Complaint Filed by Montana-Dakota Utilities Co., Rapid City, South Dakota, Against RCS Construction, Inc., Rapid City, South Dakota, for an Incident Occurring on October 24, 2013, at 1111 Zinc St., Rapid City, S.D.Today shall the One Call Board accept the recommendation of the Enforcement Panel 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. Motion carried unanimously.  

  12. OC13-030 – In the Matter of the Complaint Filed by Montana-Dakota Utilities Co., Rapid City, South Dakota, Against Heavy Constructors, Inc., Rapid City, South Dakota, for an Incident Occurring on October 23, 2013, at 2125 Jackson Blvd., Rapid City, S.D. Today shall the One Call Board accept the recommendation of the Enforcement Panel and shall the Board pursue collection activity if the requirements are not met?

    Dan Kaiser made a motion to accept the Panel Recommendation. Fay Jandreau seconded. Motion carried unanimously.

  13. OC13-031 – In the Matter of the Complaint Filed by Kimball School District, Kimball, South Dakota, AgainstKonechne Digging, Kimball, South Dakota, for an Incident Occurring on August 14, 2013, at 300 S. East St., Kimball, S.D. Today shall the One Call Board accept the recommendation of the Enforcement Panel and shall the Board pursue collection activity if the requirements are not met?

    Gene Solseth made a motion to accept the Panel Recommendation. Bleau LaFave seconded. Motion carried. Fay Jandreau abstained.

  14. OC13-032 – In the Matter of the Complaint Filed by Montana-Dakota Utilities Co., Rapid City, South Dakota, Against Professional Excavating, Inc., Rapid City, South Dakota, for an Incident Occurring on November 19, 2013, at 4823 Misty Woods Ln., Rapid City, S.D.Today shall the One Call Board accept the recommendation of the Enforcement Panel and shall the Board pursue collection activity if the requirements are not met?

    Todd Chambers made a motion to accept the Panel Recommendation. Fay Jandreau seconded. Motion carried unanimously.  

7.    General Discussion. Dan Kaiser mentioned that on January 9th the Strategic Planning Committee met with the purpose of looking at how we would like the Board to move forward. Discussion ensued at this Board Meeting around possibly hiring a facilitator to assist in the discussion. The next Strategic Planning Committee meeting will be scheduled after the CGA Conference.

Dan Kaiser mentioned that an item of concern during Enforcement Panel meetings is a better understanding of intentional violations vs. unintentional violations of the law. Kristen Edwards stated that it comes down to the question of, did someone know it was wrong, but violated the law anyway. Previous locate tickets would be one way to consider that the defendant is aware of the law.

Dan Kaiser suggested that we put together a news release emphasizing the milestone of 20 years of One Call laws in South Dakota. Larry Janes stated he would work with the PUC Staff to see if we could incorporate something into the “April Is Safe Digging Month” and August 11th (811 Day) news releases.

Dan Kaiser also bought up a question about what’s behind MidAmerican Energy’s consideration of adding an exception in the law to allow digging before locates are completed. Bleau LaFave stated that a change in the law would allow emergency personnel to respond immediately and legally in order to prevent loss of life or further damage in the event of a gas explosion. Bleau stated that he would provide additional information at the May Board meeting.

There being no further business the Executive Director asked for a motion to adjourn. Fay Jandreau made that motion. Todd Chambers seconded. Motion carried unanimously.

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.