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.
            Chairman           Commissioner                  Commissioner
     Attested by:
     Thomas B. Getz
     Executive Director and Secretary