MINUTES August 24, 2010


South Dakota One Call Notification Board
Enforcement Committee Conference Call
August 24, 2010 2 pm Central Time

  • OC10-003 Northern Natural Gas vs. Coastal Technical Service
  • OC10-004 Northern Natural Gas vs. EarthScope

Enforcement Committee Members in attendance:
Kurt Pfeifle, Mid-Dakota Rural Water System; Gene Solseth, Hills Septic; Dan Kaiser, Qwest Communications; Terry Larson, Heavy Constructors; Kara Semmler, Legal Counsel; Larry Janes, Executive Director.

Also in attendance:
Jeff Anderson, Northern Natural Gas Company; Robert Busby, EarthScope

Larry Janes provided a brief synopsis of Complaint OC10-003, filed by Jeff Anderson on behalf of Northern Natural Gas on June 10, 2010 and the withdrawal of that complaint provided by Mr. Anderson on July 9, 2010. The complaint was filed against Coastal Technical Service for excavation prior to start date of a ticket called in by Coastal, however the contractor was EarthScope. Statutes or rules quoted as violated in the complaint were 49-7A-5 and 49-7A- 18. Coastal Technical Service did no excavation at this site, so Northern Natural Gas Company withdrew the complaint. Motion to accept the withdrawal was made by Kurt Pfeifle, Seconded by Dan Kaiser. MOTION CARRIED BY UNANIMOUS VOTE.

Larry Janes provided a brief synopsis of Complaint OC10-004 filed by Northern Natural Gas on June 29, 2010 and the response to that complaint provided by Robert Busby of IRIS on behalf of EarthScope. There was no damage reported to a nearby 3” gas line under 750 psi. Statutes or Rules quoted as violated in the complaint were 49-7A-5 and 49-7A-18. The complaint was filed against EarthScope for digging prior to the start date of a locate ticket (101530117) and because the ticket was called in by Coastal Technical Service. There are no previous violations of SD One Call law by EarthScope.

Gene Solseth made a motion that there was probable cause that a violation of South Dakota One Call law did exist and recommended a penalty of one thousand dollars ($1,000) with six hundred dollars ($600) suspended if no further violations occur within one year of the complaint. Kurt Pfeifle seconded the motion. MOTION CARRIED BY UNANIMOUS VOTE.

Being no further business Dan Kaiser made a motion to adjourn. Terry Larson seconded. MOTION CARRIED BY UNANIMOUS VOTE.