AGENDA June 1, 2015

AGENDA

South Dakota One Call Notification Board
Enforcement Panel Conference Call
Monday, June 1, 2015    
2 p.m. CDT, 1 p.m. MDT

MEETING LOCATION AND CALL-IN NUMBER:
Midcontinent Communications
3901 N. Louise Ave, Sioux Falls S.D. 

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:   

OC15-006     In the Matter of the Complaint filed by TrioTel Communications (TrioTel), Salem, South Dakota, against Twedt Construction (Twedt), Montrose, South Dakota, for an incident occurring on March 5, 2015, 2015 at 630 E. Essex Ave., Salem, S.D.

On March 6, 2015  Trio filed a complaint against Twedt, alleging that Twedt cut a fiber optic line without calling SD One (Call).  On March 23, 2015, Trio requested withdrawal of the Complaint.

Twedt responded to the complaint on March 25, 2015 by stating they were a subcontractor and there was a miscommunication between the prime contractor and Twedt.  Twedt went on to state that they plan to call for locates regardless of the prime contractor’s previous locates or information on location of lines.

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

OC15-007     In the Matter of the Complaint filed by Kenneth J. Erickson (Erickson), Rapid City, South Dakota, Against Joe Muth and Jeremy Muth (Muth), Rapid city, South Dakota, for an Incident Occurring on April 10, 2015 t 4660 Coal Bank Fr., Rapid City, S.D.

On April 20, 2015, (Erickson) filed a complaint against Muth stating that a backhoe operator, name and employer unknown, damaged several communications cables near the property line.

A Notice of Complaint was mailed to Muth on April 20, 2015. Muth 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 Muth violated any statute or rule under the jurisdiction of the Board, and if so shall a civil penalty be assessed?

Please note:  This is a legal proceeding and 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