DE 98-077
CLD PAVING
Hearing On Violation of Underground Utility Damage
Prevention Program
Order to Show Cause Why CLD Paving Should Not Be Held
Liable For Penalties Assessed, Expenses Incurred, and
Whether Additional Penalties Should Be Imposed
O R D E R N O. 22,965
June 29, 1998
On February 2, 1998, Bell Atlantic, in accordance
with NHPUC Chapter Puc 800, Underground Utility Damage
Prevention Program, Puc 803.02 (e), reported damage to
underground facilities on Primrose Dr., in Laconia, New
Hampshire. The report alleged that on April 22, 1997, CLD
Paving (CLD) severed a 100 pair telephone cable while
installing a dumpster and that CLD failed to follow the
notification procedures prescribed by RSA 374:51,II. Bell
Atlantic further reported that it incurred expenses in the
amount of $250.00 to repair the aforementioned damage.
On February 11, 1998, the Safety Division,
pursuant to Puc 805.01, issued a Notice of Probable
Violation (NOPV) No. 97060, referencing RSA 374:51,II by
certified mail, to CLD Paving, 234 Shore Dr., Laconia, NH
03276. CLD received the NOPV on February 14, 1998.
Pursuant to Puc 805.02, CLD had 30 days to respond to the
NOPV. CLD failed to respond.
On March 18, 1998, based on the lack of response,
and in accordance with Puc 805.03 (a), the Division issued
Notice of Violation No. 97060V. CLD received the NOV on
March 19, 1998. Pursuant to Puc 805.04 (a), CLD had 10 days
to respond. CLD failed to respond.
Pursuant to Puc 805.05 (a), in the event the
Respondent fails to act on the NOV in accordance with Puc
805.04(a)(1) or (2), the Commission shall issue an Order of
Notice for a Show Cause Hearing.
Based upon the foregoing, it is hereby
ORDERED, that CLD Paving appear before the New
Hampshire Public Utilities Commission at its offices at 8
Old Suncook Road, Concord, New Hampshire at 2:00 P.M. on
July 16, 1998 to show cause why CLD Paving should not be
held liable for expenses incurred by Bell Atlantic in the
amount of $250.00 and penalties pursuant to RSA 374:55.
By order of the Public Utilities Commission of New
Hampshire this twenty-ninth day of June, 1998.
Douglas L. Patch Bruce B. Ellsworth Susan S.
Geiger
Chairman Commissioner Commissioner
Attested by:
Thomas B. Getz
Executive Director and Secretary