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KUUDPA Regulation Update

Regulatory Process Department of Administration  Submitted: January 2005  Approval Received: July 2005 Attorney General Review  Submitted: August 2005  Denied Approval: October 2005

Senate Bill 464 The KCC shall have full power and authority to adopt all necessary rules and regulations for carrying out the provisions of KUUDPA.

Regulation Status KCC legal “Going Downtown Soon.”

KUUDPA Exemptions Excavation does not include:  Tilling for normal agricultural purposes.  RR road or ditch maintenance.  Operations related to exploration and production of crude oil or gas.

KUUDPA Exemptions Excavator does not include:  Homeowners excavating on their own premise.

KUUDPA Exemptions Facility does not include:  Water utilities  Sewer utilities  Production lines, gathering lines, injection lines, and salt water disposal lines outside of a city.

KCC Review of KUUDPA Exemptions Summer of 2006 meeting:  Water; Sewer  KRWA  League of Municipalities  KIOGA; EKOGA  Kansas One Call

Other Summer Activities: 06-GIMX-491-COM SWBT Complaint against Electric utilities disconnecting common ground. Response is SWBT making unauthorized underground connections.

Other Summer Activities: Telecom Construction Practices General Investigation into need for Construction Standards for Telecom Infrastructure.  Westar complaints about direct buried cable through utility poles.  Depth of burial of telecom service drops.

Other Summer Activities: KDOT Proposal KDOT letter October 2005 “Project delays and large unexpected costs due to waiting on utilities to be moved, undetected utilities, misplaced utilities have been and are big problems on roadway construction projects……”

Other Summer Activities: KDOT Proposal KCC suggested a need for more formalized agreements at preconstruction meeting. KCC agreed to facilitate a meeting to discuss possible outcomes.

Other Summer Activities: Status of 811 Docket 06-GIMT-049-GIT Recent order requesting update on status.  Request includes KOC asking for response on what they have obtained to date.

Other Summer Activities: DOT,DIMP & You Distribution Integrity Management  Nine Objectives Proposed by DOT for improvement of States’ One Call Laws.

Other Summer Activities: DOT,DIMP & You 1. Enhanced communication between operators and excavators. 2. support and partnership of all stakeholders in enforcement, system improvement, etc. of the program. 3. Operator’s use of performance measures for persons performing locates.

Other Summer Activities: DOT,DIMP & You 4. Partnership in employee training. 5. Partnership in public education. 6. Enforcement agencies’ role as partner and facilitator to help resolve issues. 7. Fair and consistent enforcement of the law.

Other Summer Activities: DOT,DIMP & You 8. Use of technology to improve all parts of the process. 9. Analysis of data to continually evaluate/improve program effectiveness.

Other Summer Activities: DOT,DIMP & You Federal legislation is likely needed to support the development and implementation of such programs by all states. Work on this legislation can begin immediately.

Docket 06-MEXP-562-SHO Docket for Miles Excavating to show cause why they should not be fined $7,500 for failing to wait 2 days before beginning excavations, (3 times). Miles Excavating ordered to pay $7,500 in penalties.

Docket 06-GIME-076-GIE Docket regarding KCP&L and Northern Pipeline in which an excavator was injured after striking a buried primary electric line – “unless otherwise agreed between the parties” Question of a meet on site.

Docket 06-GIME-076-GIE Settlement agreement reached with KCPL: QC Program with contract locators. All meet on sites must be documented. KCPL not assessed a penalty.

Johnson County KUUDPA Inspector: 2005 Results 2005 Damage Investigations 105 Damages 74% Excavator error 20% Operator error 27% Total Had No Ticket 6 Outside Scope of Ticket 3 Digging Before Due Date 16 No Ticket Called to One-Call Center 4 Past Ticket Life 6 Piggy Backing

Johnson County KUUDPA Inspector: 2006 To Date Damage Investigations 44 Damages 48% Excavator error 25% Operator error 11% Total Had No Ticket 1 Outside Scope of Ticket 3 Digging Before Due Date 5 No Ticket Called to One-Call Center 3 Past Ticket Life

Johnson County KUUDPA Inspector: 2006 To Date Miscellaneous Information 158 Random Ticket Audits  95-98% Completed on Time 25 Excavator Non Compliances 14 Operator Non Compliances 68% Gas Line Hits Were Mains

Use of KOC Reports Aid the One-Call Inspector in the Kansas City Area with damages and audits. Improve education efforts of individual excavators. Identify types of construction that need more attention.

Johnson County KUUDPA Inspector: 2005 Results Logging all damage information into CGA DIRT reporting system.

EXCAVATION EQUIPMENT FAC DAMAGED AUGER BACKHOE DIRECTIONAL DRILLING GRADESCAPE HANDTOOLS TRENCHER UNKNOWN ELECTRIC NATGAS Type of Equipment Damaging Electric or Gas

TYPE OF WORK PERFORMED FAC DAMAGED CONSRUCTION ELECTRIC NAT GAS IRRIGATION LADNSCAPING POLE ROAD WORK SEWER STORM DRAIN TELECOMMUNICATIONS UNKNOWN WATER ELECTRIC NATGAS TELECOM Type of Work Performed by Excavator SITE DEVEL CATV

Air pressure tested gas main removed by an excavator to make room for electrical conduit. Excavator did not notify facility owner of the damage.

Air pressure tested gas main removed by an excavator to make room for electrical conduit. Excavator did not notify facility owner of the damage.

Excavator digging within the tolerance zone with a 2 ft auger.

N S E W DAMAGE

… found excavator to be in violation of K.S.A Emergency excavations, since the type of work did not meet the definition of an Emergency. Probable Non-Compliance Responses Scenario 1

Probable Non-Compliance Responses Response I remorsefully accept your findings of Non- compliance. I have taken steps to research regulation Emergency excavations, and would like to assure you I fully comprehend what requirements should be satisfied in order to be compliant and intend to do so immediately. Furthermore, I would like to extend my appreciation for your tolerance with regard to this issue and hope I have fulfilled your request accordingly.

Probable Non-Compliance Responses Scenario 2 The locator.. failed to locate the main going West

Probable Non-Compliance Responses Response The damage occurred due to a main installation on a cul-de-sac that went further past the last meter than normal. There are 2 steps being taken to address this issue. 1.New installations are requiring a permanent marking of the end of the main. 2.For older installations on cul-de-sacs, it will be required to refer to as built drawings to determine the end of the main.

Probable Non-Compliance Responses Scenario 3 There was a valid ticket and was marked within tolerance. There was lack of prudent care taken to protect this facility. K.S.A. violation

Probable Non-Compliance Responses Response We accept your findings. Operator had properly hand dug and located all lines when in the process of cleaning up the trench, the excavating bucket hit/pulled on a rock which cased the gas line to slightly break. Operator will exercise reasonable care when working around lines.

KCC Annual Invitational Damage Survey

Survey Size 103 Operators Received more than 2000 locate requests. Represents 93% of the total locates Requested. Only 36 Operators Responded.

Survey Accuracy ?!? Represents only 53% of Tickets received by the 103 operators.

Survey Demographics Damages Reported (survey) Electric 120.2% Gas 1,39532% Phone 2,61260% Water 521.2% Sewer 300.6% Cable % “Other“ 50.1% Total Damages Reported 4,329

Survey Interpretations? With new Regulations, they will be MUCH BETTER next year.