DE 98-021
C.R. THOMPSON TRUCKING
Hearing On Violation of Underground Utility
Damage Prevention Program
Order to Show Cause Why C.R. Thompson Trucking
Should Not Be Held Liable For Penalties Assessed,
Expenses Incurred, and Whether Additional Penalties
Should Be Imposed
O R D E R N O. 22,862
March 9, 1998
On November 18, 1997, NYNEX, in accordance with NHPUC
Chapter Puc 800 Underground Utility Damage Prevention Program,
N.H. Admin. Rules, Puc 803.02 (e), reported damage to underground
facilities on Daniels St. in Portsmouth, N.H. The report alleged
that on July 9, 1997, C.R. Thompson Trucking bent and pierced a
600 pair pressurized lead cable that was clearly marked.
On November 25, 1997, the Safety Division, pursuant to
Puc 805.01, issued a Notice of Probable Violation (NOPV) No.
97042, referencing RSA 374:55 IV-a, by certified mail, to C.R.
Thompson Trucking (Respondent), P.O. Box 446, Greenland, N.H.
03804. The NOPV was received on December 8, 1997. Pursuant to
NHPUC Part Puc 805.02, the Respondent had 30 days to respond to
the NOPV. The Respondent failed to respond.
On January 21, 1998, based on the lack of response, and
in accordance with Puc 805.03 (a), the Division issued Notice of
Violation No 97042V. The NOV was received on January 23,1998. Pursuant to Puc 805.04 (a), the Respondent had 10 days to
respond. The Respondent failed to respond.
Pursuant to Puc 805.05 (a), in the event the Respondent
fails to answer the NOV pursuant to Puc 805.04(a)(1) or (2), the
Commission shall issue an Order of Notice for a Show Cause
Hearing. Accordingly, we direct C. R. Thompson to appear as
directed below.
Based upon the foregoing, it is hereby
ORDERED, that C.R. Thompson Trucking appear before the
New Hampshire Public Utilities Commission at its offices at 8 Old
Suncook Road, Concord, New Hampshire at 1:30 P.M. on March 27,
1998 to show cause why C.R. Thompson Trucking should not be held
liable for penalties assessed, expenses incurred, and whether
additional penalties should be imposed.
By order of the Public Utilities Commission of New
Hampshire this ninth day of March, 1998.
Douglas L. Patch Bruce B. Ellsworth Susan S. Geiger
Chairman Commissioner Commissioner
Attested by:
Thomas B. Getz
Executive Director and Secretary