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ND PSC approves consent agreements: penalties for excavation violations and service-area certificate for MDU
Summary
At its Dec. 4 special meeting the North Dakota Public Service Commission approved consent agreements in damage prevention enforcement cases assessing penalties for excavation violations (Capital City Construction and Arrow) and approved a joint service-area agreement for Montana Dakota Utilities and Chem Electric Cooperative in Lake Isabel near Dawson (PUD-24-324, PUD-24-325).
The North Dakota Public Service Commission approved several consent items by voice vote at its Dec. 4 special meeting.
Capital City Construction Incorporated (case DMD-24-23O): Speaker 2 summarized a June 10 complaint from CenturyLink alleging Capital City Construction excavated outside marked areas while repairing a parking lot in Mandan, removing a pedestal and disrupting CenturyLink circuits. The commission adopted a consent agreement finding a violation. The agreement assesses a $1,500 civil penalty with $750 suspended on condition of no further violations for five years; $750 is payable to the commission within 10 business days per the consent agreement.
Errol Rauschbout Services Incorporated / Arrow (case DMD-24-233): Speaker 2 moved to adopt a consent agreement arising from a June 13 complaint by North Dakota pipeline company Enbridge alleging a failure to contact the one-call notification center before excavation. Speaker 2 said Arrow admitted there was no evidence of contacting the one-call center prior to digging. The commission adopted a consent agreement assessing a $500 civil penalty with $200 suspended; Arrow is to remit $300 to the commission within 10 business days on the condition of no further one-call violations in five years.
Montana Dakota Utilities Company and Chem Electric Cooperative (cases PUD-24-324 and PUD-24-325): Speaker 2 said MDU and Chem filed a joint application on Aug. 20, 2024, for a consolidated service-area agreement in the Lake Isabel area near Dawson, North Dakota. The commission received no public responses, reviewed a jointly submitted map, and found the agreement avoids unreasonable duplication of service. The commission issued a certificate of public convenience and necessity to MDU authorizing service in the Lake Isabel area.
All three items were moved, seconded and approved by voice vote. Speaker 1 clarified the company referenced in the first consent item is Capital City Construction Incorporated (not Capital Electric Cooperative or the state capital).
