MINUTES March 30, 2010

South Dakota One Call Notification Board
Enforcement Committee Conference Call

March 30, 2010
OC10-001
Northern Natural Gas vs. Zwak Excavation

Enforcement Committee Members in attendance: Todd Chambers; Erin Hayes; Terry Larson; Kurt Pfeifle; Gene Solseth;
Kara Semmler, legal counsel; and Larry Janes, executive director.

Also in attendance: Harlan Zwak, Zwak Excavation; amd Becky Sanssouci and Mike Garry, Northern Natural Gas Company.

Larry Janes provided a brief synopsis of the complaint filed by Northern Natural Gas on February 11, 2010 and the response to that complaint provided by Harlan Zwak of Zwak Excavation on March 8, 2010.

Discussion was held by Enforcement Committee members regarding the absence of a One Call ticket and the threat to public safety because of the 14” high pressure gas line in the immediate vicinity of the excavation.  Zwak Excavation has been doing business as an excavator for a number of years, was aware of the gas pipe on that property and even with that knowledge did not request a locate ticket.  There are no previous violations of SD One Call law documented for Zwak Excavation, Inc. dba Hagen Excavating.

Kurt Pfeiffle made a motion for a penalty of $1,000, with $500 suspended, providing there are no further violations within 12 months of the date of the receipt of the Enforcement Committee recommendation, and if the penalty is paid within 30 days of notification.  Gene Solseth seconded the motion.  Motion carried by unanimous vote.

Kara Semmler provided additional information to both parties that they can accept or reject this committee’s recommendation and continue to a hearing with the full board.  She also mentioned that if they do not respond to the mailing of the recommendation of the Enforcement Committee that will be considered acceptance of the recommendation.  Gene Solseth mentioned that if Zwak Excavation accepts the recommendation of the Enforcement Committee they will have 20 days from receipt of the recommendation to respond and another 30 days from the receipt of the order to close the complaint to make the payment to the South Dakota One Call Notification Board.

Being no further discussion, meeting adjourned.