PSC approves consent agreements, fines Storms Construction $6,200 and BEK Consulting $6,000 for excavation damages

The North Dakota Public Service Commissioners on March 5 adopted consent agreements that resolve multiple damage‑prevention enforcement cases, imposing civil penalties on two contractors whose work damaged underground utility facilities.

Commissioner Randy Christman moved adoption of an order and consent agreement resolving three cases against Storms Construction, Inc. (case numbers DMD‑24‑326, DMD‑24‑327 and DMD‑24‑328), saying the company had acknowledged violations of the North Dakota Century Code related to excavation notifications, failing to maintain markings and not performing excavations in a careful and prudent manner. Christman summarized the factual basis: "On June 3... Storms filed an excavation notice... that ticket had a expiration date of June 27. On July 2, Storms was conducting an excavation and struck a 2‑inch natural gas main causing an outage to 30 customers," he said, and described two additional strikes in July and August that affected customers and prompted an evacuation of tenants at an elderly center. Under the consent agreement the parties agreed to a $6,200 civil penalty, with $2,000 suspended on condition that Storms commits no further violations within five years of the order.

The commission then adopted an order and consent agreement in four damage‑prevention cases involving BEK Consulting, LLC (case numbers DMD‑24‑337, DMD‑24‑338, DMD‑24‑339 and DMD‑24‑340). Christman emphasized that BEK Consulting is not Beck Communications and said BEK struck and damaged multiple facilities while installing water, sewer and storm sewer systems for the city of Dickinson under active 1‑call tickets. The transcript lists four incidents in September: a Sept. 10 strike of a 1¼‑inch gas line causing outages for two customers; Sept. 14 and Sept. 16 strikes of three‑phase underground electrical conductors causing outages for seven customers each; and a Sept. 17 strike of a 1‑inch gas line causing an outage for one customer. The parties agreed to a $6,000 civil penalty; the commission noted prior issues in BEK’s record and the penalty will not be suspended or waived.

Both consent agreements were presented to the commission as settlements between the utility (MDU) and the contractors and were accepted "subject to approval and acceptance by the commission," language Christman read into the record. Each motion carried on voice vote; commissioners signified approval by saying "aye." The transcript shows no recorded dissents.

The orders focus on compliance with excavation and 1‑call notification requirements under the North Dakota Century Code and put conditions on suspended penalty amounts where specified. The commission did not indicate additional corrective actions beyond the consent orders on the record at the meeting.

The meeting closed after administrative announcements and scheduling items.