AGENDA July 2, 2013

AGENDA

South Dakota One Call Notification Board
Enforcement Panel Conference Call
Tuesday, July 2, 2013
10 a.m. CDT, 9 a.m. MDT

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

OC13-006     In the Matter of the Complaint filed by Montana-Dakota Utilities Company (MDU), Rapid City, South Dakota against Highmark Inc. (Highmark), Black Hawk, South Dakota , for an incident occurring on May 6, 2013 at 14667 139th Place, Piedmont, South Dakota.  This Complaint was Amended by MDU on June 5, 2013 to be filed against Dale Schuelke individually in place of Highmark Inc.

On May 14, 2013, MDU filed a complaint against Highmark (amended to Dale Schuelke) alleging that Dale  Schuelke dug without a locate ticket and damaged a 35 psi gas line.  Mr. Schuelke responded on May 23, 2013 by stating that the work was not associated with his business.  He was planting trees in his yard for himself, and that a locate request was not made.  There has been no previous complaint filed against Mr. Schuelke.

Today, shall the Enforcement Panel of the South Dakota One Call Notification Board accept the Amendment to OC13-006 naming Dale Schuelke as the defendant, and today, shall the Enforcement Panel of the South Dakota One Call Notification Board find that there is probable cause that Dale Schuelke violated any statute or rule under the jurisdiction of the Board, and if so shall a civil penalty be assessed?

OC13-007     In the Matter of the Complaint filed by the City of Volga (Volga), Volga, South Dakota against Meyer Drainage and Excavating (Meyer), Volga, South Dakota , for an incident occurring on May 16, 2013 at 404 Leeann, Volga, South Dakota.  

On May 17, 2013, Volga filed a complaint against Meyer alleging that Meyer damaged a high voltage cable with a backhoe and that locate marks were visible on the outer edges of the work site.  Volga provided a locate ticket number, but did not submit a copy of the ticket as evidence.   Meyer did not respond to the Complaint.  There have been no previous complaints filed against Meyer.

Today, shall the Enforcement Panel of the South Dakota One Call Notification Board find that there is probable cause that Meyer Drainage and Excavating 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
exedir@sdonecall.com
(605) 339-0529