Page 14 - Tennessee 811 Magazine 2020 Issue 3

Enforcing the Underground S Utility Damage Prevention Act
ince 2016, the Underground that these programs adequately comply online at www.tn.gov/tpuc, requests Utility Damage Enforcement with the federal laws and rules by essential information necessary to Board (Board) has been scoring the program’s compliance with proceed with an investigation of an implementing and enforcing seven (7) evaluation criteria established alleged violation of the Act. However,
the Underground Utility Damage in the Code of Federal Regulations. most often, it is useful to provide
Prevention Act (Act or UUDPA). The Board receives complaints that are investigated by the Tennessee Public Utility Commission (TPUC) staff assigned to the Board. The Board’s Executive Committee determines whether a violation of the Act has occurred and imposes appropriate penalties.
Over the life of the enforcement program, the investigation, adjudication, and citation enforcement processes
have evolved to meet the challenges encountered. These challenges include:
1. The limited number of complaints received by the Board;
2. Incomplete information contained in complaints received by the Board;
3. Unresponsive complainants and respondents; and
4. Insufficient data needed to evaluate the effectiveness of the program.
The Board continually seeks to improve the program by addressing challenges such as these that are identified through self-evaluation and during the annual audit of the program by the Pipeline and Hazardous Materials Safety Administration (PHMSA).
PHMSA audits state underground damage prevention programs to ensure
Tennessee has performed well in these audits, being found Adequate in 2017, 2018, and 2019. However, as these evaluations evolve, the point systems are shifting to emphasize continuing improvements in these programs.
1. Number of Complaints
During the calendar year 2019, the PHMSA reported 3,186 excavation damages to PHMSA regulated (gas) utility facilities. Comparatively, the Board received only 130 complaints concerning gas facility excavation events in 2019. Keeping in mind that the Board accepts complaints concerning all utilities, the Board received a total
of only 197 complaints for the 2019 calendar year.
The program is entirely complaint driven. Therefore, the Executive Committee can only promote safety through acting on matters brought before it by the filing of a complaint. For operators, filing a complaint should be an important part of your asset risk management program that occurs in addition to any internal steps that may be undertaken. Excavators and locators too should file complaints concerning violations of the Act.
2. Incomplete Complaint Information The Board’s complaint form, found
additional information. The Board must have evidence that provides sufficient proof of an alleged violation. Thus, it
is useful to provide any reports that were generated internally concerning the action that led to the filing of a complaint, as well as photographs that provide context to the information contained in the complaint. It is also imperative to include in a complaint accurate details of the identities of
any person involved with the alleged violation and the contact information for those persons and/or entities.
3. Unresponsive complainants and respondents
Often during an investigation, additional information will be needed from the person or entity that has filed the complaint. Other times, information is needed from a respondent in order
to get the other side of the story. Still other times, either a complainant
or respondent promises to provide additional information and fails to follow up. Most often, these types
of issues can be resolved simply by ensuring correct contact information for both complainant and respondent when filing a complaint and following up when Investigative Staff emails or calls with questions.
Another way to be responsive is simply to ensure compliance with citations that are issued. Work with staff to ensure compliance training courses are scheduled and attended. In addition, check to make sure subcontractors have complied with any requirements of citations. The program can best operate to modify dangerous behaviors and improve safety when all lines
of communication are open among operators, locators, excavators, and the Investigative and Enforcement Staff.
4. Insufficient Safety Data
One of the most useful pieces of information in evaluating the
Gas Distribution Pipeline Excavation Damages Per Thousand One-Call Tickets
Time run: 6/25/2020 6:36:28 PM
Data Source: US DOT Pipeline and Hazardous Materials Safety Administration Portal Data as of 6/25/2020 3:03:28 AM
STATE: (All Column Values)
FIGURE 1.
4.5 4.0 3.5 3.0 2.5 2.0 1.5 1.0 0.5 0.0
2010
2011
2012 2013
2014 2015 2016 2017
2018 2019
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12 • Tennessee811
2020, Issue 3
Calendar Year
Excavation Damages Per Thousand Tickets