AGENDA March 27, 2015

AGENDA

South Dakota One Call Notification Board
Enforcement Panel Conference Call
Friday, March 27, 2015   
1 p.m. CDT, Noon 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:   

OC15-001     In the Matter of the Complaint Filed by Doug O’Bryan Contracting, Inc. (O’Bryan), Martin, South Dakota against Nebraska Public Power District (NPPD) , Chadron, Nebraska for an Incident occurring on October 31, 2014 at 43 01 38.58N. 102 31 05.49W. Pine Ridge, S.D.

On January 13, 2015, O’Bryan filed a complaint against NPPD, alleging that NPPD failed to locate facilities resulting in a damaged power line.

NPPD responded on January 26, 2015 stating they did not receive the locate request.

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

OC15-002     In the Matter of the Compliant filed by City of Brandon (Brandon), Brandon, South Dakota against Krueger Excavating (Krueger), Sioux Falls, South Dakota for an incident occurring on January 16, 2015 at 120 E. Ponderosa Circle, Brandon, S.D.

On January 20, 2015, Brandon filed a complaint against Krueger, alleging that Krueger began work before the start date and time on a locate request.

At this time Krueger 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 Krueger violated any statute or rule under the jurisdiction of the Board, and if so shall a civil penalty be assessed?

OC15-003     In the Matter of the Complaint filed by MidAmerican Energy Company (MEC), Urbandale, Iowa against Daniels Construction Company (Daniels), Tea, South Dakota for an incident occurring on November 11, 2014 at 2129 S. Duluth Ave., Sioux Falls, S.D.

On January 22, 2015, MEC filed a complaint against alleging Daniels damaged a 10 psi gas line when augering post holes without a locate request.

At this time Daniels 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 Daniels violated any statute or rule under the jurisdiction of the Board, and if so shall a civil penalty be assessed?

OC15-004     In the Matter of the Complaint filed by MidAmerican Energy Company (MEC), Urbandale, Iowa against Earthscapes, Inc. (Earthscapes), Brandon, South Dakota for an incident occurring on November 3, 2014 at 8705 Torchwood Ln., Brandon S.D.

On January 22, 2015, MEC filed a complaint alleging that Earthscapes damaged a 48 psi gas line when installing a retaining wall without a locate request.

Earthscapes responded on January 29, 2015, by stating they did not request a locate for this work and will implement every other Monday safety meetings to remind everyone to have locate requests before digging occurs.

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

OC15-005     In the Matter of the Complaint filed by Nebraska Public Power District (NPPD), Chadron, Nebraska, against Doug O’Bryan Contracting, Inc., Martin, South Dakota, for an incident occurring on October 31, 2014 at Two Miles East of Pine Ridge on Highway 18, North Side of Highway, Pine Ridge, S.D.

On January 22, 2015, NPPD filed a complaint alleging that O”Bryan damaged a 7200 V primary power line while digging on an expired locate ticket.

O’Bryan responded on February 16, 2015, by stating that NPPD did not locate the buried facility.

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

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, TrioTel filed a complaint against Twedt alleging that Twedt damaged a fiber optic line when digging without a locate ticket. TrioTel amended the complaint on March 16, 2015 by stating the violation was unintentional.  On March 23, 2015, TrioTel requested withdrawal of this complaint.

Twedt did not respond to the Complaint.

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