AMENDED AGENDA
South Dakota One Call Notification Board
Enforcement Panel Conference Call
Tuesday, July 30, 2013
1 p.m. CDT, 12 p.m. MDT
The Enforcement Panel of the South Dakota One Call Board will meet to consider the following South Dakota One Call Complaint:
On June 12, 2013 Southeastern filed a complaint against Empire, alleging that Empire dug within 18″ of a marked line and damaged a 7200 V power line and has not paid for damages. Empire did not respond to the Complaint. A complaint was previously filed in 2008 by Southeastern against Empire. On July 19, 2013 Southeastern Electric Cooperative, Inc. requested that Complaint Docket OC13-008 be withdrawn.
Today, shall the Enforcement Panel of the South Dakota One Call Notification Board accept Southeastern’s request to withdraw Complaint Docket OC13-008, or Today, Shall the Enforcement Panel find that there is probable cause that Empire Construction violated any statute or rule under the jurisdiction of the Board, and if so shall a civil penalty be assessed?
On June 27, 2013 MDU filed a complaint against Teupel alleging that Teupel damaged a 35 psi gas line when digging without a locate ticket. MDU provided a map and photo of the work area. Teupel responded to the complaint on July 19, 2013, stating that the mark was still visible from a prior locate, and that hand digging was not used. There have been no previous complaints filed against Teupel.
Today, shall the Enforcement Panel of the South Dakota One Call Notification Board find that there is probable cause that Teupel Construction violated any statute or rule under the jurisdiction of the Board, and if so shall a civil penalty be assessed?
On June 28, 2013 NorthWestern filed a complaint against CenturyLink alleging that CenturyLink did not locate within the time period required in South Dakota Law. CenturyLink responded on July 22, 2013 by stating there have been staffing issues with its locating vendor which have caused late locates. Previous complaints have been filed against CenturyLink (Qwest), one in 2013 which was subsequently withdrawn, one in 2011 which was dismissed for lack of probable cause, and one in 2005 for an inaccurate locate, in which it was determined that probable cause existed that a violation did occur.
Today, shall the Enforcement Panel of the South Dakota One Call Notification Board find that there is probable cause that CenturyLink violated any statute or rule under the jurisdiction of the Board, and if so shall a civil penalty be assessed?
On July 3, 2013 MDU filed a complaint against Swiftec alleging that Swiftec dug outside the locate area on a ticket and damaged a 30 psi gas line. MDU provided a locate ticket and pictures of the work area. Swiftec had not yet responded at the time this Agenda was prepared. There have been no previous complaints filed against Swiftec.
Today, shall the Enforcement Panel of the South Dakota One Call Notification Board find that there is probable cause that Swiftec violated any statute or rule under the jurisdiction of the Board, and if so shall a civil penalty be assessed?
On July 3, 2013 MDU filed a complaint against Swiftec alleging that Swiftec dug outside the locate area on a ticket and damaged a 30 psi gas line. MDU provided a locate ticket and pictures of the work area. Swiftec had not yet responded at the time this Agenda was prepared. There has been one previous complaint filed against Swiftec.
Today, shall the Enforcement Panel of the South Dakota One Call Notification Board find that there is probable cause that Swiftec 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
