1-800-DIG-SAFE

KUUDPARegulation

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 utilitiesSewer utilitiesProduction lines, gathering lines, injection lines, and salt water disposal lines outside of a city.

KCC Review ofKUUDPA Exemptions

Summer of 2006 meeting:Water; SewerKRWALeague of MunicipalitiesKIOGA; EKOGAKansas 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.66-1806 – “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 Results2005 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 DateDamage 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 DateMiscellaneous 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 ReportsAid 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 0 2 1 0 1 0 0 0

NATGAS 7 57 12 1 13 4 10 1

Type of Equipment Damaging Electric or Gas

TYPE OF WORK PERFORMED

FA

C D

AM

AG

ED

CO

NS

RU

CT

ION

EL

EC

TR

IC

NA

T G

AS

IRR

IGA

TIO

N

LA

DN

SC

AP

ING

PO

LE

RO

AD

WO

RK

SE

WE

R

ST

OR

M D

RA

IN

TE

LE

CO

MM

UN

ICA

TIO

NS

UN

KN

OW

N

WA

TE

R

ELECTRIC 0 0 1 0 0 0 0 0 0 0 0 0 0 0

NATGAS 1 1 6 1 2 2 1 1 6 1 3 10 2 9

TELECOM 0 0 1 0 0 0 0 0 0 0 0 0 0 0

Type of Work Performed by Excavator

SIT

E D

EV

EL

CA

TV

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.

Kansas One Call Ticket No: 5122620 STANDARD NEW Update Of: 5107592 Corrected By: 5142015 Transmit Date: 1/11/06 Time: 9:14 AM Op: trish Original Call Date: 4/18/05 Time: 7:48 AM Op: trish Work to Begin Date: 4/21/05 Time: 12:01 AM Company : Best Time: Caller Name : Phone: Alt. Contact: Phone: Caller Address: Fax Phone: Type of Work: GRADING FOR A NEW STREET Explosives: Y Duration: 6 MONTHS Trenchless Ex.: N Work Being Done For: State: KS County: JOHNSON Place: SHAWNEE Address: Street: MIDLAND DR Nearest Intersecting Street: HILLTOP Location of Work: MARK FROM THE ABOVE INTERSECTION, GOING S ON THE W SIDE OF HILLTOP FOR 700FT, THEN FROM THE INTERESCTION, GOING W ON THE S SIDE OF MIDLAND FOR 2000FT. Remarks: IF Twp: 12S Rng: 23E Sect-Qtr: 15 MP: N Twp: Rng: Sect-Qtr: Lat: Lon: Zone: Ex. Coord NW Lat: 39.0070970Lon: -94.8522150 SE Lat: 39.0025750Lon: -94.8416570 ARTMALLE - **DO NOT ANNOUNCE** CONOCO01 - CONOCOPHILIPS PIPEL JOCOWW01 - JOHNSON CO WASTE WTR KANGAS80 - KANSAS GAS SERVICE KANPIP01 - ENBRIDGE PIP (KPC) KPL53 - WESTAR ENERGY LOG01 - DOTTIE CENTER LOG PR SHAWNE01 - C/SHAWNEE EX(1) 200 SMP01 - S M & P SWB01 - SBC TICKETS - ** DO NOT ANNOUNCE * TWCBL02 - TIME WARNER CABLE Excavation Polygon Coordinates Latitude Longitude Latitude Longitude 39.0070550 -94.8441610 39.0069430 -94.8521570 39.0025970 -94.8522150 39.0025750 -94.8417140 39.0070970 -94.8416570 -94.8417140

N

S

EW

DAMAGE

… found excavator to be in violation of K.S.A 66-1807 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 66-1807 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 66-1809.

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 DemographicsDamages Reported (survey)

Electric 12 0.2%Gas 1,395 32% Phone 2,612 60%Water 52 1.2%Sewer 30 0.6%Cable 223 5.1%“Other“ 5 0.1%Total Damages Reported 4,329

Survey Interpretations?

With new Regulations, they will be

MUCH BETTER

next year.