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Before you dig, every dig. It's the law. 1.800.257.7777

Steering Committee to Rewrite the District One-Call Law
Chairman, Scott Brown:  Vice Chairman, Meena Gowda, Esq.
Host Venue – Miss Utility Call Center in Hanover, MD
Minutes of the Meeting – December 18, 2015
Prepared by Dora Parks, Secretary

PURPOSE OF REWRITE
To modify the current District of Columbia One-Call Law, Title 34 “Public Utilities”; Subtitle 7, Chapter 27 to meet the requirements of PHMSA’s Nine Key Elements of an effective damage prevention program and to reflect best and current practices. Enforcement of the DC law will have its foundation in outreach and education.
The 51st meeting of the Steering Committee was called to order at 8:35 am by Chairman Brown. Customary committee and guest introductions were made, there were (18) in attendance.

Chairman Brown addressed the committee’s efforts over the past two years regarding the current Title 34 District of Columbia, damage prevention law; to ensure it includes the Common Ground Alliance best practices and the 2006 PIPES Act to enhance safety in the District. The committee has been working on law violation reporting and the flow of the violation process. The enforcement goal is to mitigate utility damages via enforcement by training and education. The committee has contrasted the Virginia and Maryland enforcement practice.

Jim Barron, Executive Director of the Maryland Authority provided a handout and verbal overview of the current operating practices regarding the Notice of Probable Violation (NPV) process for the committee’s review and comments. Mr. Barron explained at this time the Authority does not provided site investigations looking for violations, rather all probable violations are received by the Authority via an internet, Authority website by way of a reporting claim process.

Denny Showalter (DC NUCA, Insight) provided an overview of the Virginia violation process;

  • State Corporation Commission (SCC) receives NPV.
  • The SCC will accept phone complaints (Note, VA has mandatory gas damage reporting.)
  • The SCC staff provides the investigation communicating with the claimant and probable violator.
  • Investigator provides a recommendation to the Advisory Committee made up of (13) stake holders. (Note, committee serves a two year term with no term limits.)
  • Fine based on five elements surrounding culpability to gravity.
  • Advisory can reduce the recommended fine and include training.
  • There is no admittance of guilt by the violator, the violation is always considered probable.
  • Violation recommendation is provided to the probable violator.
  • Probable violator can pay the fine or request an informal conference with the Advisory committee. (Note, attorneys are not part of the informal conference.)

Committee discussions followed regarding,

  • Methods to stop excavation/demolition work when an excavator does not have an excavation/demolition ticket issued by the one-call system.
  • Maryland Authority - documentation subject to disclosure. Per Mr. Barron, all NPV information is public information under FOIA.
  • Maryland Authority – considered quasi government agency operating under the Administrations Procedures Act.
  • Mandatory utility damage reporting and at what levels?
  • Enhanced Positive Response provided by WGL.
  • DC Authority possible funding, mandatory computer based Title 34 training for an annual fee, grants, percentage of collected violation fines and claim fees.
  • DDOT, voluntary training before issuance of permit and DCRA.

Draft changes were made to sections; Enforcement & Penalties and Damage Prevention Fund.

The meeting adjourned at 11:55am. 

Scheduled committee meetings at Miss Utility, call center starting at 8:30am,

Friday, January 15, 2016
Thursday, January 28, 2016
_________________________________________________________

Title 34 Rewrite Steering Committee meetings are open to the public and are held at the Miss Utility Call Center located at; 7223 Parkway Drive, Suite 100 Hanover, MD 21076.

Meeting Attendees;

NAME
Sorted By First Name

COMPANY TELEPHONE # EMAIL ADDRESS
Bob Evans
Gas Committee Member
WGL (202) 624-6573 revans@washgas.com
Denny Showalter (DC NUCA)
Excavator Committee Member
Insight, LLC (DC NUCA Rep) (703) 999-8828 denny@insightdmv.com
Dora Parks
Secretary
Call Center Committee Member
One Call Concepts (410) 782-2026 dora@missutility.net
Elliott Garrett
DDOT Committee Member
DDOT (202) 671-2801 elliott.garrett@dc.gov
Jim Barron
MUFDPA Committee Member
MUFDPA (410) 782-2102 jim.barron@mddpa.org
Joe Shelton (DC NUCA)
Excavator Committee Member
B.F. Joy (DC NUCA Rep) (301) 699-6002 jshelton@bfjoy.com
Juan Vogel
Locator Committee Member
UtiliQuest (703) 929-9710 juan.vogel@utiliquest.com
Kevin Woolbright
MDUFDPA Committee Member
WSSC (240) 205-3684 kwoolbr@wsscwater.com
Matt Ruddo
Call Center Committee Member
One Call Concepts (410) 782-2025 mruddo@occinc.com
Scott Brown
Chairman
Gas Committee Member
WGL (703) 750-4388 ssbrown@washgas.com
Sean Parran
Electric Committee Member
PEPCO (240) 882-6499 slparran@pepco.com
Steven Jumper
Director, Corporate Public
WGL (202) 624-6696 sjumper@washgas.com
Thurman Smith
Locator Committee Member
UtiliQuest (703) 926-0639 thurman.smith@utiliquest.com
Udeozo Ogbue
DC PSC Committee Member
DC PSC (202) 626-9190 uogbue@psc.dc.gov
Vince Healy
Telephone Committee Member
Verizon (301) 791-5690 vincent.c.healy@verizon.com
GUEST ATTENDEE SIGN IN      
Angela Lee Verizon (202) 515-2513
angela.lee@verizon.com
Manmohan Singh DC PSC (202) 316-0300
msingh@psc.dc.gov
Mark K Battle PEPCO
Vice President, PEPCO Region
(202) 872-3360
mkbattle@pepco.com

Meeting minutes, attendee list and Title 34 working draft copies are available for review at,
http://www.missutility.net/SteeringCommitteeRewriteDcLaw/index.asp

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