DE 98-228
                        R. M. PIPER INC.
          Hearing On Violation of Underground Utility 
                   Damage Prevention Program
               Order to Show Why R.M. Piper, Inc.
        Should Not Be Held Liable For Penalties Assessed
                    O R D E R   N O.  23,135
                        February 1, 1999
       On October 14, 1998, EnergyNorth Natural Gas, Inc.
     (ENGI), 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 at 991
     Mammoth Rd. and 721 Mammoth Rd. in Manchester, N.H.  The report
     alleged that on September 9, 1998, and September 11, 1998 R. M.
     Piper, Inc., the Respondent, hit a 60 PSIG plastic and copper
     service, respectively, that were clearly marked.
       On November 4, 1998, New Hampshire Public Utilities
     Commission Staff, pursuant to Puc 805.01, issued Notices of
     Probable Violation (NOPV) Nos. 98060 and 98061, referencing RSA
     374:55, IV-a, by certified mail, to R. M. Piper, Inc., 95 Main
     St., P.O. Box 490, Plymouth, New Hampshire.  The NOPVs were
     received on November 5, 1998.  Pursuant to NHPUC Part Puc 805.02,
     the Respondent had 30 days to respond to the NOPVs.
       By letter dated November 9, 1998, R. M. Piper, Inc.
     requested an informal conference.  This informal conference was
     held on December 8, 1998.  Both the Respondent and ENGI were
     present and after hearing information from the parties, an
     agreement was accepted by Staff to rescind NOPV 98060, contingent
     upon R. M. Piper, Inc.'s holding a training session with its
     employees regarding the Underground Utility Damage Prevention
     Program, and that a Notice of Violation (NOV) would be issued on
     98061 and that the fine of $200.00 would be paid by the
     Respondent.  The NOV for 98061 was sent on December 9, 1998 and
     received by Respondent on December 10, 1998.  Nevertheless, the
     Respondent requested a hearing before the Commission by letter
     dated December 16, 1998.
       Based upon the foregoing, it is hereby
       ORDERED, that R. M. Piper 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 February 9,
     1999 to show cause why R. M. Piper should not be held liable for
     penalties assessed pursuant to RSA 374:55.
       By order of the Public Utilities Commission of New
     Hampshire this first day of February, 1999.
            Douglas L. Patch       Susan S. Geiger         Nancy Brockway
                Chairman             Commissioner          Commissioner
     Attested by:
     Thomas B. Getz
     Executive Director and Secretary