AGENDA October 9, 2014

AGENDA

South Dakota One Call Notification Board
Enforcement Panel Conference Call
Thursday, October 9, 2014
9 a.m. CDT, 8 a.m. MDT

MEETING LOCATION AND CALL-IN NUMBER:

NORTHWESTERN ENERGY
3010 W 69TH ST.
SIOUX FALLS, SD 57108

Call (605) 339-0529 at least 10 minutes prior to the meeting for call-in instructions.

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

OC14-017 – In the Matter of the Complaint Filed by Montana-Dakota Utilities Co., Rapid City, South Dakota, Against Lance Wellman, Hill City, South Dakota, for an Incident Occurring on April 16, 2014, at 2451 Emerson Ln., Rapid City, S.D.

On July 14, 2014, Montana-Dakota Utilities Co. (MDU) filed a complaint alleging that Lance Wellman (Wellman)  severed a gas line while digging without a locate request.

On July 23, 2014, a Notice of Complaint was sent to Wellman by Priority mail.  On August 8, 2014 the letter was returned by the US Post Office.  MDU has been unable to provide a current forwarding address for Wellman.

Today shall the Enforcement Panel of the South Dakota One Call Notification Board dismiss the complaint against Wellman or shall the complaint remain open until a future date, when MDU can locate Wellman?

OC14-018 – In the Matter of the Complaint Filed by South Dakota Network dba SDN Communications, Sioux Falls, South Dakota, Against Q3 Contracting, Inc., Sioux Falls, South Dakota, for an Incident Occurring on May 30, 2014, at North side of A Ave. & Blackhawk, Sioux Falls, S.D.

On August 29, 2014, South Dakota Network dba SDN Communications (SDN) filed a complaint against Q3 Contracting, Inc. (Q3) alleging that Q3 damaged 2 fiber optic cables when boring without a locate request.

On September 22, 2014, Q3 responded by stating they did have a locate request for the work area.

Today, shall the Enforcement Panel of the South Dakota One Call Notification Board find that there is probable cause that Q3 violated any statute or rule under the jurisdiction of the Board, and if so shall a civil penalty be assessed? 

OC14-019 – In the Matter of the Complaint Filed by Watertown Municipal Utilities, Watertown, South Dakota, Against Clausen Construction Inc., Watertown, South Dakota, for an Incident Occurring on September 5, 2014, at 2600 14th Ave. NE, Watertown, S.D.

On September 9, 2014, Watertown Municipal Utilities (Watertown) filed a complaint alleging that Clausen Construction Inc. (Clausen) damaged an electrical line when excavating without a locate request.

At this time Clausen has not responded to the complaint.

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

OC14-020 – In the Matter of the Complaint Filed by NorthWestern Energy (NorthWestern), Brookings, South Dakota, Against Kerry’s Landscaping & Irrigation (Kerry), Brookings, South Dakota, for an Incident Occurring on September 9, 2014, at 933 Crystal Ridge Rd., Brookings, S.D.

On September 9, 2014, NorthWestern filed a complaint alleging that Kerry’s damaged a natural gas line while installing a sprinkler system without a locate request.

Kerry’s responded on September 30, 204 by stating it believed that anything shallower than 12″ did not require a locate.  Kerry’s went on to state that going forward locates will be done prior to all lawn irrigation projects being initiated. Kerry’s also apologized for the inconvenience involved for all parties in this particular situation.

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

OC14-021 – In the Matter of the Complaint Filed by CenturyLink, Rapid City, South Dakota, Against Spearfish Forest Products LLC (Forest Products), Spearfish, South Dakota, for an Incident Occurring on September 16, 2014, at Tinton Road, 1 Mile North of Beaver Creek Road, Spearfish, S.D.

On September 16, 2014, CenturyLink filed a complaint alleging that Spearfish Forest Products LLC cut a 50 pair telecommunications cable while building a road without a locate request.

Forest Products responded to the complaint on September 30, 2014 by stating it was performing pre-use surface maintenance on a pre existing road template less than 1 foot below the original ground line while working on National Forest land.

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

OC14-029 – In the Matter of the Complaint Filed by Crooks Municipal Utilities (Crooks), Crooks, South Dakota, Against Emily Maras (Maras), Crooks, South Dakota, for an Incident Occurring on September 20, 2014, at 813 Executive Ave., Crooks, S.D.

On September 24, 2014, Crooks filed a complaint alleging that Maras was erecting a wood fence without obtaining locates.

Maras responded to the complaint on September 27, 2014 by stating that she didn’t think they were digging holes past six inches and will call before they do any more digging.

Today, shall the Enforcement Panel of the South Dakota One Call Notification Board find that there is probable cause that Maras 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 in making the probable cause determination, per SDCL 49-7A-25.  No comments from either party involved in each of these complaints 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