DRAFT/UNAPPROVED MINUTES

SOUTH DAKOTA ONE CALL NOTIFICATION BOARD MEETING
January 25, 2012, 1 PM CENTRAL STANDARD TIME

Chairman Kurt Pfeifle opened the South Dakota One Call Notification Board Meeting with the Call to Order and Roll Call at 8:00 AM, Central Daylight Savings Time at the Ft. Pierre Holiday Inn Express.  

Board Members in attendance: Kurt Pfeifle, Chairman, representing Rural Water Systems; Erin Hayes, Vice-Chairman, representing Community Television Antenna Systems; Doug Larson, representing Underground Interstate Carriers of Gas or Petroleum; Fay Jandreau, representing Telecommunications Companies with less than fifty thousand subscribers; Terry Larson, representing Associated General Contractors of South Dakota; Eugene Solseth, representing Excavating Contractors; Kara Semmler, Legal Counsel; Larry Janes, Executive Director. Board members unavailable were: Dan Kaiser, representing Telecommunication Companies with more than 50,000 customers; Ed Anderson, representing Rural Electric Cooperatives; Bleau LaFave, representing Investor-Owned Natural Gas Utilities; Todd Chambers, representing South Dakota Municipalities; and Kevin Kouba, representing Investor-Owned Electric Utilities.

Other attendees included: Commissioner Kristie Fiegen, South Dakota Public Utilities Commission; Mike Losawyer, Texas811; Sarah Carlson, Texas811; Nathan Solem, Public Utilities Commission Office of Pipeline Safety; Tom Hall, KorTerra.

2a.     A motion was made by Doug Larson to approve the South Dakota One Call Notification Board Minutes of the October 13, 2011 One Call Board Meeting. Erin Hayes seconded the motion. Motion carried unanimously.

3a.     A review of the Financial Summary was not included at this time. The Executive Director is reviewing expenditures to the Federal Grant with the Public Utilities Commission Finance Manager at this time. The Financial Summary will be sent to the Board as soon as this process is complete.

4. Operations
a.
    KorPartners Performance Results were reviewed. The Speed of Service was well within contract specifications with an average of 34.33 seconds per call for 2011.

b.     KorPartners Call Volume Trends for 2011 was reviewed. 127,156 locate requests were received through the end of 2011. This is the highest number of requests since 2006, which at that time as at 128,701. 741,516 locate tickets were dispatched during 2011. Mike Losawyer stated that call volumes are very high in South Dakota at this time due to the mild weather conditions. Electronic Ticket requests have increased to an average of 39.25% in 2011, as compared to 31% in 2009 and 26% in 2010.

5.     Nathan Solem presented the South Dakota One Call Damage Prevention Survey, which was conducted via telephone and email with excavators and facility operators in South Dakota during July and August of 2011. The survey was a result of a PHMSA, Pipeline Hazardous Material Safety Administration, recommendation for improving damage prevention. The findings indicated that stakeholders are open to mandatory damage reporting, spring excavator meetings are less effective than meeting evaluations have indicated, and spring meetings should focus on changes, updates in policies, procedures, and regulations. Other findings were that outside the pipeline industry, there is little locator training, partnerships of One Call and the PUC with other organizations is supported to promote 811, a regional CGA is not supported, there is little familiarity with CGA or the DIRT (Damage Information Reporting Tool) program, most damage claims are less than $10,000, and youth education is strongly supported. Mr. Solem provided a report indicating there are 13 states which currently have Mandatory Damage Reporting in their laws. His recommendation is that South Dakota implement Mandatory Damage Reporting due to stakeholder support. It would provide data for future One Call direction and would be a minimum cost if using the DIRT process. Other recommendations are that SD One Call should research methods to improve excavator participation at the Spring Meetings and increase partnership efforts among One Call, SD Public Utilities Commission, the SD Pipeline Association, and other groups. The Executive Director will research the DIRT program with other states and check with  Colorado One Call to see if someone would be willing to meet with the Board to discuss this process.

6.     Kara Semmler provided a One Call Board Enforcement document and reviewed the Enforcement Process with the One Call Board. Emphasis was placed on the definition of Probable Cause and the four categories in which it can be placed; Observation, Expertise, Information, and Circumstantial Evidence. Ms. Semmler stated that a Complaint need not be filed using the Complaint Form on the SD One Call website, but that it should be encouraged. There was also discussion for the need for consistency in panel recommendations. Ms. Semmler also discussed the increased standard of burden of proof in a hearing.

7.     Executive Director Report Items:
a.     Status of Complaint Docket OC10-009. A demand letter for payment was sent to Mr. Kohl by the Executive Director on
October 20, 2011. There has been no response by Mr. Kohl. Civil action by legal counsel will continue.

b.     Status of Complaint dockets OC10-006, OC10-007, OC10-008, Northwestern Energy against Scott Olson Digging, Inc. Collection attempts have ceased due a filing of bankruptcy.

c.     Status of complaint Docket OC11-003, Northwestern Energy against Split Rock Contracting, Inc. Collection attempts have ceased due a filing of bankruptcy. This judgment will be kept on record in the event that this business begins again under the same name.

d.     Status of Complaint Docket OC11-004, Nustar Pipeline against Oaklane Colony. Oaklane Colony has fulfilled its obligation of attendance at a South Dakota One Call meeting by its attending a meeting on January 10, 2012.

e.     In the Matter of Complaint Docket OC11-007, South Eastern Electric Cooperative, Inc. against Don Runge. The Enforcement Panel met On October 28, 2011 and determined that probable cause exists that violations of SD One Call law occurred. It also found the violation to be unintentional. The Panel recommended a penalty of $1,000 with $500 suspended for violating 49-7A-5 and a $1,000 penalty with $500 suspended for violating 49-7A-8, if paid within 30 days of the Final One Call Board Order, and if
there are no further violations with twelve months of the receipt of the Final One Call Board Order. Mr. Runge had requested a Hearing, but withdrew that request on December 30, 2011.

Fay Jandreau made a motion to accept the Enforcement Panel recommendation. Doug Larson seconded the motion. Motion carried by unanimous vote.

f.     In the Matter of Complaint Docket OC11-008, South Eastern Electric Cooperative, Inc. against Don Runge. The Enforcement Panel met On October 28, 2011 and determined that probable cause exists that a violation of SD One Call law occurred. It also found the violation to be intentional. The Panel recommended a penalty of $2,500 with zero dollars suspended, if paid within 30 days of the Final One Call Board Order, and if there are no further violations with twelve months of the receipt of the Final One
Call Board Order. Mr. Runge had requested a Hearing, but withdrew that request on December 30, 2011.

Gene Solseth made a motion to accept the Enforcement Panel recommendation. Erin Hayes seconded the motion. Motion carried by unanimous vote.

g.     In the Matter of Complaint Docket OC11-009, Watertown Municipal Utilities against Hobart Construction/Wyatt Weaver. The Enforcement Panel met On October 28, 2011 and determined that probable cause exists that a violation of SD One Call law occurred. It also found the violation to be intentional. The Panel recommended a penalty of $1,000 with $750 suspended if paid within 30 days of the Final One Call Board Order, and if there are no further violations with twelve months of the receipt of the Final One Call Board Order.

Erin Hayes made a motion to accept the Enforcement Panel Recommendation. Terry Larson seconded. Motion carried by unanimous vote.

Payment was made by Hobart Construction prior to this meeting and issuance of the Order.

h.     In the Matter of Complaint Docket OC11-010, Carl V. Carlson Company against CenturyLink dba Qwest Communications. The Enforcement Panel met On October 28, 2011 and determined that probable cause did not exist that a violation of SD One Call law occurred. The Panel recommended the Docket be dismissed for lack of probable cause.

Fay Jandreau made a motion to accept the Enforcement Panel Recommendation. Gene Solseth seconded. Motion carried by unanimous vote.

i.     In the Matter of Complaint Docket OC11-011, Northern Natural Gas Co. against Wilbert Plienis. The Enforcement Panel met on December 16, 2011 and determined that probable cause exists that a violation of SD One Call law occurred, however, the Panel found the violation to be unintentional. The Panel recommended a penalty of $500 with $500 suspended if there are no further violations with twelve months of the receipt of the Final One Call Board Order.

Gene Solseth made a motion to accept the Enforcement Panel Recommendation. Doug Larson seconded. Motion carried by unanimous vote.

j.     In the Matter of Complaint Docket OC11-012, City of Aurora against Eagle West. The Enforcement Panel met on December 16, 2011 and determined that probable cause exists that a violation of SD One Call law occurred. The Panel found the violation to be unintentional. The Panel recommended a penalty of $500 with $250 suspended if there are no further violations with twelve months of the receipt of the Final One Call Board Order.

Fay Jandreau made a motion to accept the Enforcement Panel Recommendation. Doug Larson seconded. Motion carried by unanimous vote.

k.     In the Matter of Complaint Docket OC11-012, City of Aurora against Eagle West. The Enforcement Panel met on December 16, 2011 and determined that probable cause exists that a violation of SD One Call law occurred. The Panel found the violation to be unintentional. The Panel recommended a penalty of $500 with $250 suspended if there are no further violations with twelve months of the receipt of the Final One Call Board Order.

Doug Larson made a motion to accept the Enforcement Panel  Recommendation. Fay Jandreau seconded. Motion carried by unanimous vote.

l.     The Enforcement Panel recommended during the December 16, 2011 Panel conference call that the Complaint form be revised to allow more information to be obtained. Kara Semmler reminded the Board that a complainant need not fill out the form. One suggested change was to ask the complainant if it is felt the violation is intentional or unintentional and to provide a detailed description. After further discussion it was decided to make changes and to create a defendant form as well. The Executive
Director will do so and present the forms to the Board for additional input.   

m.     The Executive Director mentioned that Todd Chambers had suggested that names of Board members, along with their representation, be placed in Board Agendas and Minutes instead of places of work. After discussion, it was decided to do so.

n.     The Executive Director mentioned that he had heard from the South Dakota Geological Survey about privately owned facilities in public right-of-way not being located. After investigation with several cities, counties, and the SD State DOT, he found that no information regarding becoming a member of South Dakota One Call is mentioned in any of the permits. The Executive Director will contact the SD Municipal League, the SD Association of County Governments, and the State DOT and ask if they would contact
their constituents to place in their ROW permits the requirements to become a member of SD One Call.

o.     The Executive Director stated that he is making attempts to resurrect the mapping project of working with other state agencies to combine mapping procedures, which should be a cost savings for all entities with mapping needs.

p.     The Executive Director wished to acknowledge and congratulate South Dakota Rural Water on being named the top rural water association in the country.

q.     Discussion was held regarding the next SD One Call Board Meeting at the offices of First District of Association of Local Governments in Watertown or in Custer State Park. It was decided to work with First District.

There being no further business Doug Larson made a motion to adjourn. Fay Jandreau seconded. Motion carried unanimously.

Materials presented at this meeting are available by contacting the Executive Director in writing at exedir@sdonecall.com or by calling (605) 339-0529.