AGENDA April 30, 2013


South Dakota One Call Notification Board
Enforcement Panel Conference Call
Tuesday, April 30, 2013
9 a.m. CST, 8 a.m. MST

The Enforcement Panel of the South Dakota One Call Board will meet to consider the following South Dakota One Call Complaint:   

OC13-001 – In the Matter of the Complaint Filed by NorthWestern Energy, Mitchell, South Dakota, against Menning Backhoe, Mitchell, South Dakota, for an Incident occurring on March 28, 2013, at Dakota Sales and Rental on Industrial Road, Corsica, South Dakota.

On March 28, 2013 NorthWestern Energy filed a complaint against Menning Backhoe, alleging that Menning Backhoe dug without a locate ticket, exposing a service wire.  NorthWestern believes the wire was exposed with equipment within 18″ of the electric service.  No damage occurred.  Menning Backhoe, LLC responded on April 10, 2013.  Menning Backhoe did not dispute the complaint.  A locate ticket number  was provided with a start  date and time of 1/09/2013 at 9:00 am.  A copy of the actual ticket was not provided.  Mr. Menning stated that in the future Menning Backhoe plans to stay on top of getting re-spots for expired tickets.  No previous South Dakota One Call complaints have been filed against Menning Backhoe, LLC.

Today, shall the Enforcement Panel of the South Dakota One Call Notification Board find that there is probable cause that Menning Backhoe, LLC  violated any statute or rule under the jurisdiction of the Board, and if so shall a civil penalty be assessed?

Only the written information provided by the Complainant and the written response from the defendant will be considered per SDCL 49-7A-25.  No comments from either party involved in the complaint will be taken during this call.

Note: Please call (605) 339-0529 at least 10 minutes prior to the call for call-in instructions.  We have limited ports available on the conference bridge, so if you do plan to call in, please conference in on one line.

Larry L. Janes
Executive Director
South Dakota One Call
(605) 339-0529