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