AGENDA July 30, 2014

AGENDA

South Dakota One Call Notification Board
Enforcement Panel Conference Call
Location: Otter Tail Power Company
404 S. 2nd St., Milbank, SD 57252 
Wednesday, July 30, 2014 
1 p.m. CDT, Noon MDT

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

OC14-011     In the Matter of the Complaint Filed by Mitchell Telecom, Mitchell, S.D., Against Schoenfelder Construction, Mitchell, S.D., for an incident occurring on June 10, 2014, at North Montana and West 8th Ave., Mitchell, S.D.

On June 12, 2014, Mitchell Telecom filed a complaint alleging that Schoenfelder Construction cut a fiber optic cable and innerduct and did not notify South Dakota 811 of the damage.

Schoenfelder Construction responded on July 3, 2014 stating that the Developer told Mitchell Telecom that he was not allowing (Mitchell Telecom) lines to be installed until Schoenfelder Construction completed its work.

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

OC14-012     In the Matter of the Complaint Filed by May Construction, Sioux Falls, S.D., Against MidAmerican Energy Company, Sioux Falls, S.D. for an incident occurring on June 10, 2014, at State Ave. and E. 9th St., Dell Rapids, S.D.

On June 19, 2014, May Construction filed a complaint alleging that a gas line was struck due to no locate markings by MidAmerican Energy Company as requested and required, which resulted in a 4″ gas line being damaged, and according to media reports, a 78 year old male suffered burns.

MEC responded to the complaint on July 10, 2014 and did not dispute the allegation and provided future corrective action.

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

OC14-013     In the Matter of the Complaint Filed by Mitchell Telecom, Mitchell, S.D., Against Schoenfelder Construction, Mitchell, S.D., for an Incident Occurring on June 10, 2014, at North Iowa Ave and West 8th Ave., Mitchell, S.D. 

On June 25, 2014, Mitchell Telecom filed a complaint alleging that Schoenfelder Construction (Schoenfelder) cut a fiber optic cable and innerduct without having requested a One Call ticket.

Schoenfelder responded on July 17, 2014 by stating that Mitchell Telecom placed their facilities prior to authorization to do so.

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

OC14-014     In the Matter of the Complaint filed by CenturyLink, Sioux Falls, S.D., Against Action Electric, Sioux Falls, S.D., for an Incident Occurring on June 3, 2014, at 41st St. and Sertoma Ave., Sioux Falls, S.D.

On June 30, 2014, CenturyLink filed a complaint alleging that Action Electric dug before a re-spot ticket was valid and damaged a 900 pair and an 1800 pair cable.

At this time Action Electric has not yet responded to the complaint.

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

OC14-015     In the Matter of the Complaint Filed by Montana-Dakota Utilities Co., Rapid City, South Dakota, Against RL Construction and Design, Hill City, South Dakota, for an Incident Occurring on April 16, 2014, at 2451 Emerson Ln., Rapid City, S.D.

On July 2, 2014, Montana-Dakota Utilities Co., filed a complaint alleging that RL Construction and Design damaged a 45 psi gas line without having a current locate ticket.  On July 9, 2014 Montana-Dakota Utilities Co., filed a request to withdraw Docket OC14-015 after discovering a subcontractor working for RL Construction and Design had allegedly damaged the gas line. Montana-Dakota Utilities Co. will re-submit a complaint when mailing information is obtained for Lance Wellman (subcontractor of RL Construction).

RL Construction and Design did not respond to the complaint.

Today, shall the Enforcement Panel of the South Dakota One Call Notification Board accept Montana-Dakota Utility Co.’s request to withdraw Complaint Docket OC14-015, or Today, Shall the Enforcement Panel find that there is probable cause that RL Construction and Design violated any statute or rule under the jurisdiction of the Board, and if so shall a civil penalty be assessed? 

OC14-016     In the Matter of the Complaint Filed by Montana-Dakota Utilities Co., Rapid City, South Dakota, Against Hardeneye Concrete, Inc. Rapid City, South Dakota, for an Incident Occurring on April 23, 2014, at 22956 Candlelight Dr., Rapid City, S.D.

On July 2, 2014 Montana-Dakota Utilities Co., filed a complaint alleging that Hardeneye Concrete, Inc. damaged a 50 psi gas line without obtaining a locate ticket. Montana-Dakota Utilities Co. is requesting that a $5,000 fine be assessed.

Hardeneye Concrete, Inc. responded on July 8, 2014 and did not dispute the allegation.

Today, shall the Enforcement Panel of the South Dakota One Call Notification Board find that there is probable cause that Hardeneye Concrete, Inc. 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 Complainants and the written response from the defendants 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