Indiana Utility Regulatory Commission Pipeline … Investigation Summary and Options re...Page 1 of...

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Indiana Utility Regulatory Commission

Pipeline Safety Division

Investigation Summary and Options

Regarding MetroNet’s Construction Activities As of September 12, 2017

At the request of the City of Fishers (“Fishers”), the City of Carmel (“Carmel”), and the City of

Westfield (“Westfield”), the Pipeline Safety Division (“PSD” or “Division”) of the Indiana Utility

Regulatory Commission (“IURC” or “Commission”) is providing this investigation summary and a

list of options to improve public safety regarding contractors working on behalf of CMN-RUS,

Inc., d/b/a MetroNet (“MetroNet”). All three communities have placed a halt on MetroNet

contractors excavating in public rights-of-way. The incident in Westfield that just occurred on

Friday, September 8, 2017, is under investigation at this time; therefore, only preliminary

information is being provided now, with a final investigation summary to be provided once that

investigation is completed.

This document contains the following:

A. Investigation Summary

1) Specific Case Information for Fishers

2) Specific Case Information for Carmel

3) Preliminary Information for Westfield

4) Failure to Register with Indiana Secretary of State

5) Additional Information Withheld by MetroNet

6) Safe Digging Best Practices

B. Options for Correction Action Regarding MetroNet’s Construction Activities

C. Attachments

1) Investigation Reports for each case

2) Letter from Chairman Atterholt to Indiana Attorney General regarding failure

to register with Indiana Secretary of State

3) Safe Digging Best Practices

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A. Investigation Summary:

This investigation summary includes a summary of the PSD findings regarding specific cases of

damaged gas lines in Fishers and Carmel and preliminary information regarding the recently

damaged gas line in Westfield, as well as other information discovered by PSD and Commission

staff during the course of the investigation. The Investigation Reports are attached and are in

order by case number.

Of the 20 cases investigated for Fishers and Carmel, the Division found that ten (10) cases were

violations by the excavators (i.e., MetroNet contractors), six (6) cases were violations by the gas

utility (i.e., Indiana Gas Company d/b/a Vectren), and four (4) cases involved no violations.

1) Specific Case Information for Fishers:

Of the 11 incidents of damage to gas lines in Fishers, six (6) were violations by the MetroNet

contractor (for using mechanized equipment within two feet of the marked gas lines and for

failure to plan when using hand tools); four (4) were violations by Indiana Gas Company d/b/a

Vectren, the operator of the gas lines (for failure to properly mark the lines); and one (1) was no

violation (as the excavator was using hand tools and there was no evidence of a failure to plan

the excavation);

Crosier Lane Consulting, Inc.

o Case #16484 – 6/19/2017 – excavator violation (used mechanized equipment

within 2 feet of marked line)



International, Inc.

o Case #16746 – 8/15/2017 – excavator violation (failure to plan in use of hand

tools)

o Case #16810 – 8/14/2017 – no violation (appropriate use of hand tools)


tools)



RC Underground, LLC

o Case #16008 – 4/25/2017 – operator violation (failure to properly mark)




tools)

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RLM Underground, LLC


2) Specific Case Information for Carmel:

Of the nine (9) incidents of damage to gas lines in Carmel, four (4) were violations by the

MetroNet contractor (for using mechanized equipment within two feet of the marked gas lines

and for failure to plan when using hand tools); two (2) were violations by Indiana Gas Company

d/b/a Vectren, the operator of the gas lines (for failure to properly mark the lines); and three

(3) were no violation (as the excavator was using hand tools and there was no evidence of a

failure to plan the excavation);

International, Inc.


Nexgen Directional, LLC





Radical Concepts, LLC (d/b/a Palindrome Construction)

o Case #16635 – 7/18/2017 – excavator violation (failed to call 811 to renew

marks)

o Case #16640 – 7/18/2017 – excavator violation (digging ticket expired)

o Case #16708 – 8/2/2017 – excavator violation (digging in area outside of ticket)

RLM Underground, LLC

o Case #16722 – no violation (appropriate use of hand tools)

o Case #16727 – operator violation (failure to properly mark)

3) Preliminary Information for Westfield:

According to some initial information provided by employees of Citizens Gas of Westfield

(“Citizens”), the information indicates that a gas line was damaged at 121 S. Walnut Street in

Westfield, Indiana, on Friday, September 8, 2017, by International Inc., a subcontractor for

MetroNet. The gas leaking from the damage migrated underground to the sewer system, the

Fire Department responded, homes in the vicinity were evacuated, and electricity was turned

off by Duke Energy Indiana, LLC, until the gas line was repaired.

Citizens promptly reported this incident to the Commission’s Pipeline Safety Division, and PSD

investigators were at the scene of the event immediately after being notified and they are

actively investigating the incident under Case #16872.

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Excavation damages to gas lines that result in the migration of natural gas underground

through sewer systems and into basements is extremely dangerous and often leads to

explosions, with injuries and loss of life.

4) Failure to Register with Indiana Secretary of State:

In order to assure accurate addresses for legal notices, the Commission’s Office of General

Counsel researched each of the contractors under investigation, reviewing information on the

website and on-line services of the Indiana Secretary of State. That review discovered that it

appears all six (6) contractors are out-of-state entities and all but one of the contractors has not

registered with the Indiana Secretary of State as required under Indiana law.

Specifically, it appears that the following MetroNet contractors have not registered as required

by Indiana law:

Crosier Lane Consulting, Inc. (Illinois business)

International, Inc. (Michigan business)

Nexgen Directional, LLC (Illinois business)

R C Underground, LLC (Florida business)

R L M Underground, LLC (Kansas business)

This failure to comply with Indiana law makes the Pipeline Safety Division’s important public

safety function more difficult. As a result, the IURC’s Chairman is referring this information to

the Indiana Office of Attorney General for review and possible fines of up to $10,000 per

company. Please see attached letter.

Note: Radical Concepts, LLC (d/b/a Palindrome Construction) is a New Jersey company and has

registered in Indiana.

5) Additional Information Withheld by MetroNet:

The Division requested that MetroNet provide a list of its contractors excavating in Indiana. To

date, the Division has not requested information on the company hiring an excavating

contractor because the “Call Before You Dig” law only allows enforcement against the person or

entity that caused the excavation damage, not the company who hired them. However, in

order to have a clearer understanding of what was happening with the damage cases involving

MetroNet’s contractors throughout the State of Indiana, the Division believed that having such

information may be helpful in determining trends or patterns of damages, which may then be

corrected. MetroNet’s counsel declined to provide the list, stating that it was “competitively

sensitive information.”

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In addition, economic or contract incentives to quickly complete a project involving excavation

can affect whether the appropriate safe digging practices are being followed. As a result, the

Division requested a copy of a sample contract between MetroNet and its contractors, with any

trade secret information appropriately redacted. Even though the Commission is required to

protect trade secret information under state law, MetroNet’s counsel declined to provide even

a redacted sample contract, stating that it was “competitively sensitive information.”

6) Safe Digging Best Practices:

The Division has attached a list of safe digging best practices from the Common Ground

Alliance, a national pipeline safety organization – see attached document. A complete book of

best practices is available at: http://commongroundalliance.com/best-practices-guide )

http://commongroundalliance.com/best-practices-guide

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B. Options for Corrective Action Regarding MetroNet’s Construction Activities:

The following are options that each City may want to consider in its determination regarding

the conditions under which MetroNet contractors may be allowed to resume the installation of

fiber optic cable in the City:

1) Documentation that MetroNet’s executive leadership, project managers, and supervisors

have taken training regarding safe digging practices and understand the requirements of

Indiana’s “Call Before You Dig” law (Indiana Code chapter 8-1-26), such as:

a) Attendance (with a passing score) at one of the Underground Plant Protection

Advisory Committee’s (“UPPAC’s”) mandatory training classes (designed for

those previously found in violation of Indiana’s “Call Before You Dig” law);

and/or

b) Completion of the IURC sponsored online excavation damage training at

https://www.safedigindiana.com/.

2) Documentation that all of MetroNet’s contractor crews are trained and qualified

regarding safe digging practices and understand the requirements of Indiana’s “Call

Before You Dig” law (Indiana Code chapter 8-1-26), such as:

a) Attendance (with a passing score) at one of the Underground Plant Protection

Advisory Committee’s (“UPPAC’s”) mandatory training classes (designed for

those previously found in violation of Indiana’s “Call Before You Dig” law);

and/or

b) Completion of the IURC sponsored on-line excavation damage training at

https://www.safedigindiana.com/.

3) Commitment that MetroNet’s contractor crews will follow the CGA Best Practices that

each City requires – see attached list of possible related best practices.

4) Documentation that all of MetroNet’s contractor crews are properly registered (as

needed) to do business in Indiana with 1) Indiana’s Secretary of State’s Office, 2) Hamilton

County, or 3) the Towns of Fishers or Carmel. If such contractor crews are exempt from

registration, MetroNet should provide proof to the City that their contractors are

adequately insured and/or bonded and that accurate contact information (including

mailing addresses and telephone numbers) has been provided to the Cities and the IURC

PSD.

5) A written plan by MetroNet describing how it will demand public safety over speed of

installation of its fiber optic lines by their MetroNet contractor crews, possibly including:

a) Regular reporting of MetroNet contractor crew performance;

https://www.safedigindiana.com/

https://www.safedigindiana.com/

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b) Contract incentives and penalties between MetroNet and its contractors

designed to avoid further incidents; and/or

c) MetroNet showing that it vets its contractor crews and they know they are

expected to focus on public safety, not simply footage.

6) A written plan by Indiana Gas Company (dba Vectren Energy Services) (“Vectren”)

describing how it will provide accurate and timely locates of Vectren’s underground

facilities, possibly including:

a) Regular reporting of Vectren’s contract locator performance to each City; and

b) Contract incentives and penalties between Vectren and its contract locators

designed to avoid further mis-locates.

7) Documentation that Vectren’s contract locators are trained and qualified.

8) Commitment that Vectren’s contract locating company, USIC, will assign more senior and

experienced locators to the jobs where MetroNet contractor crews are working.

9) Commitment that MetroNet contractor crews will request additional information from

the underground facility owners that they might need to help them in locating and

avoiding damage to underground facilities.

10) Commitment that MetroNet will have company inspectors on-site to monitor each

contractor crew to ensure safe digging practices are being followed; OR as an alternative,

MetroNet will reimburse the City for the associated costs of having a City inspector on

site.

11) Commitment that MetroNet will ensure its contractor crews are using hydro-excavation

rather than hand tools to expose gas facilities prior to boring or trenching operations.

With hard and dry soil conditions, it is very difficult to use hand tools to expose pipeline

facilities. Hydro-excavation essentially uses a combination of high pressure water and a

vacuum to remove soil, which is the preferred method to expose buried gas lines.

12) Commitment by MetroNet and Vectren to work together, and with other underground

facility owners, to ensure all parties know well in advance of where MetroNet contractor

crews will be working to ensure adequate locating resources are made available. This

should provide the underground facility owners and their contract locators (if applicable)

with sufficient time to adequately plan and staff for the number of notices of excavation

received and allow the coordination of resources accordingly.

13) A written plan by MetroNet to achieve improved proactive communications with all of its

stakeholders, including, but not limited to, the City, the City’s citizens, all underground

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facility owners (and their locators), and MetroNet’s own contract crews. This plan should

focus on improved coordination of efforts and collaboration to prevent and mitigate the

risks associated with any further excavation damages.

14) Commitment by MetroNet and its contractors to participate in the Indiana Damage

Prevention Council for the area(s) in which the City is located and where MetroNet

contractors are excavating. Information for the Indiana Damage Prevention Council

Central Chapter can be found at: https://indiana811.org/idpccc.

https://indiana811.org/idpccc

Pipeline Safety Division Investigation Report

Investigation regarding: Vectren Energy Delivery

Case Number: 16008

Report Date: 8/11/2017 12:00 AM Investigator: Aaron Holeman

Damage Date: 4/25/2017 12:00 AM Damage Address: 116th & Ringer Rd, Fishers

The Parties

Excavator: R C Underground

Address: 6421 Key Island Ave Apollo Beach, FL 33572

Facility Owner: Vectren Energy Delivery

Pipeline Facility

Facility Type: Natural Gas Facility Function: Distribution

Type of Equipment: Boring Type of Work Performed: Cable TV Damage Impact

Product Release: Yes Service Interruption: No -

Repair Cost (if known): Facility Depth (inches): 20.0000 Excavator Activities/Cause of Damage Information:

Excavator Request Locates: Yes Indiana 811 Ticket Number: 1704254341

Excavator Notify Operator: Yes Excavator Notify 811: Excavator Notify 911: Yes Severity Circumstances Submitted by Excavator/Operator: Excavator: Yes Operator: Yes Findings: Excavator damaged a distribution main with a horizontal boring machine. They had a valid locate request at the time of the incident. The operator failed to mark the line correctly due to locator error.

Violation: IC 8-1-26-18(h) Operator failed to locate or provided incorrect locate markings.

STATE oy INDIANA

INDIANA UTILITY REGULATORY COMMISSION

101 WEST WASHINGTON STREET, SUITE 1500 EAST

INDIANAPOLIS, INDIANA 46204‐3419

www.in.gov/iurc

Office: (317) 232‐2701

Facsimile: (317) 232‐6758



Case Number: 16013


Damage Date: 4/26/2017 12:00 AM Damage Address: 13868 E 116th St, Fishers

The Parties




Pipeline Facility



Product Release: Yes Service Interruption: Yes - 1

Repair Cost (if known): Facility Depth (inches): Excavator Activities/Cause of Damage Information:


Excavator Notify Operator: Yes Excavator Notify 811: Excavator Notify 911: Yes Severity Circumstances Submitted by Excavator/Operator: Excavator: Yes Operator: Yes Findings: Excavator damaged a distribution main with a horizontal boring machine. They had a valid locate request at the time of the incident. The operator failed to correctly mark the facility due to locator error.


STATE oy INDIANA




www.in.gov/iurc

Office: (317) 232‐2701

Facsimile: (317) 232‐6758


Investigation regarding: Nexgen Directional LLC

Case Number: 16392

Report Date: 8/29/2017 12:00 AM Investigator: Michael Neal

Damage Date: 5/30/2017 12:00 AM Damage Address: 13034 Abraham Run, Carmel

The Parties

Excavator: Nexgen Directional LLC

Address: 1712 S Whittle Ave. Olney, IL 62450


Pipeline Facility



Product Release: Yes Service Interruption: Yes -5



Excavator Notify Operator: Yes Excavator Notify 811: Excavator Notify 911: Yes Severity Circumstances Submitted by Excavator/Operator: Excavator: Operator: Findings: Both the Operator and Excavator responded to a request for more information. The Excavator was boring within the tolerance zone when the gas line was damaged.

Violation: IC 8-1-26-20(a)(2) Failure to maintain two (2) feet clearance with mechanized equipment.

STATE oy INDIANA




www.in.gov/iurc

Office: (317) 232‐2701

Facsimile: (317) 232‐6758



Case Number: 16480


Damage Date: 6/16/2017 12:00 AM Damage Address: 12788 Double Eagle Dr, Carmel

The Parties




Pipeline Facility

Facility Type: Natural Gas Facility Function:

Type of Equipment: Hand Tools Type of Work Performed: Other Damage Impact

Product Release: Service Interruption: -


Excavator Request Locates: Indiana 811 Ticket Number:

Excavator Notify Operator: Excavator Notify 811: Excavator Notify 911: Severity Circumstances Submitted by Excavator/Operator: Excavator: Operator: Findings: Excavator requested a dig ticket and the operator accurately marked. Excavator used a shovel. Excavator notes that the ground was hard and there were tree roots in the area. However, neither party has pictures of the damaged line. Without that or some additional information, there is insufficient information to make a finding of IC 8-1-26-20(a)(1), failure to plan.

Violation: Insufficient evidence to find violation.

STATE oy INDIANA




www.in.gov/iurc

Office: (317) 232‐2701

Facsimile: (317) 232‐6758


Investigation regarding: Crosier Lane Consulting, Inc.

Case Number: 16484


Damage Date: 6/19/2017 12:00 AM Damage Address: 9645 Claymore Dr, Fishers

The Parties

Excavator: Crosier Lane Consulting, Inc.

Address: 5325 N Lakewood Road Olney, IL 62450


Pipeline Facility

Facility Type: Natural Gas Facility Function: Service/Drop



Repair Cost (if known): $560.78 Facility Depth (inches): 28.0000 Excavator Activities/Cause of Damage Information:


Excavator Notify Operator: Yes Excavator Notify 811: Excavator Notify 911: Yes Severity Circumstances Submitted by Excavator/Operator: Excavator: No Operator: Yes Findings: Excavator damaged an accurately marked service line with a horizontal boring machine. They had a valid request at the time of the incident, but failed to expose the line in the area of the excavation and therefore were using mechanized equipment inside the 2-foot tolerance zone.


STATE oy INDIANA




www.in.gov/iurc

Office: (317) 232‐2701

Facsimile: (317) 232‐6758



Case Number: 16521


Damage Date: 6/29/2017 12:00 AM Damage Address: 9251 Crossing, Fishers

The Parties




Pipeline Facility






Excavator Notify Operator: No Excavator Notify 811: Excavator Notify 911: Yes Severity Circumstances Submitted by Excavator/Operator: Excavator: No Operator: No Findings: Excavator damaged a service line with horizontal boring machine. They had a valid locate request at the time of the incident. The operator failed to mark the line due to locator error.


STATE oy INDIANA




www.in.gov/iurc

Office: (317) 232‐2701

Facsimile: (317) 232‐6758


Investigation regarding: Crosier Lane Consulting, Inc.

Case Number: 16524


Damage Date: 6/30/2017 12:00 AM Damage Address: 12630 Longleaf Ln, Fishers

The Parties

Excavator: Crosier Lane Consulting, Inc.

Address: 5325 N Lakewood Road Olney, IL 62450


Pipeline Facility




Repair Cost (if known): $1,502.36 Facility Depth (inches): 21.0000 Excavator Activities/Cause of Damage Information:


Excavator Notify Operator: Yes Excavator Notify 811: Excavator Notify 911: Yes Severity Circumstances Submitted by Excavator/Operator: Excavator: No Operator: Yes Findings: Excavator damaged an accurately located service line with a horizontal boring machine. The excavator had a valid locate request at the time of the incident. The excavator made a pot hole and exposed a portion of the line. However, the diameter of the hole was not large enough, so when the bore came through, there was not sufficient time to stop the boring machine before it damaged the line.


STATE oy INDIANA




www.in.gov/iurc

Office: (317) 232‐2701

Facsimile: (317) 232‐6758


Investigation regarding: Radical Concepts d/b/a Palindrome Construction

Case Number: 16635


Damage Date: 7/18/2017 12:00 AM Damage Address: 13580 Brentwood Ln, Carmel

The Parties

Excavator: Radical Concepts d/b/a Palindrome Construction

Address: 6623 W 13th St Indianapolis, IN 46214


Pipeline Facility






Excavator Notify Operator: Yes Excavator Notify 811: Excavator Notify 911: Severity Circumstances Submitted by Excavator/Operator: Excavator: No Operator: Yes Findings: Only the Operator responded to the request for information. Excavator damaged a service line with a horizontal boring machine. Operator properly marked the area to be excavated. The homeowner removed the flags and excavator dug without calling 811 to renew the marks. The damaged line was on the property line between 13580 and 13596. It was damaged closer to 13580 but was the line for 13596.

Violation: IC 8-1-26-20(a)(3)(b) Failure to notify IN811 when locate markings have become illegible

STATE oy INDIANA




www.in.gov/iurc

Office: (317) 232‐2701

Facsimile: (317) 232‐6758



Case Number: 16640


Damage Date: 7/18/2017 12:00 AM Damage Address: 1204 Smokey Row Ln, Carmel

The Parties




Pipeline Facility






Excavator Notify Operator: Yes Excavator Notify 811: Excavator Notify 911: Severity Circumstances Submitted by Excavator/Operator: Excavator: No Operator: Yes Findings: Only the Operator responded to the request for information. Excavator damaged a distribution main with a horizontal boring machine. They allowed their prior ticket to expire and were therefore digging without a valid request.

Violation: IC 8-1-26-16(h)(expire) Failure to provide notice of excavation - expired ticket.

STATE oy INDIANA




www.in.gov/iurc

Office: (317) 232‐2701

Facsimile: (317) 232‐6758



Case Number: 16660


Damage Date: 7/21/2017 12:00 AM Damage Address: 14370 Jeremy Dr, Carmel

The Parties




Pipeline Facility


Type of Equipment: Hand Tools Type of Work Performed: Cable TV Damage Impact




Excavator Notify Operator: Excavator Notify 811: Excavator Notify 911: Severity Circumstances Submitted by Excavator/Operator: Excavator: Operator: Findings: Excavator requested a dig ticket and the operator accurately marked. Excavator used a shovel. No additional information was provided by either party that would indicate a violation of IC 8-1-26-20(a)(1).


STATE oy INDIANA




www.in.gov/iurc

Office: (317) 232‐2701

Facsimile: (317) 232‐6758


Investigation regarding: R C Underground

Case Number: 16694


Damage Date: 8/1/2017 12:00 AM Damage Address: 9660 Overcrest Dr, Fishers

The Parties




Pipeline Facility


Type of Equipment: Probing Type of Work Performed: Cable TV Damage Impact




Excavator Notify Operator: Yes Excavator Notify 811: Excavator Notify 911: Yes Severity Circumstances Submitted by Excavator/Operator: Excavator: Yes Operator: Yes Findings: Excavator damaged an accurately marked service line with a probe rod. They were attempting to expose the line by potholing with hydro excavation, but used the probe rod when the line was not visible. The line does not appear to be brittle or otherwise have a loss of integrity. Therefore, the excavator would have used the probe rod with force to drive it into the line. Using a probe rod in this manner fails to avoid damage.

Violation: IC 8-1-26-20(a)(1) Failure to plan excavation to avoid damage or interference with underground facilities.

STATE oy INDIANA




www.in.gov/iurc

Office: (317) 232‐2701

Facsimile: (317) 232‐6758



Case Number: 16708


Damage Date: 8/2/2017 12:00 AM Damage Address: 490 Tulip Poplar Crest, Carmel

The Parties




Pipeline Facility


Type of Equipment: Hand Tools Type of Work Performed: Other Damage Impact

Product Release: No Service Interruption: Yes -1



Excavator Notify Operator: Yes Excavator Notify 811: Excavator Notify 911: Yes Severity Circumstances Submitted by Excavator/Operator: Excavator: No Operator: Yes Findings: Only the Operator responded to the request for information. Excavator damaged a service line with a shovel while attempting to expose the line. The area of the damage was outside the requested scope of their ticket, therefore they were digging without a valid request in the area of the incident.

Violation: IC 8-1-26-16(h)(out) Failure to provide notice of excavation - damage occurred outside requested locate area.

STATE oy INDIANA




www.in.gov/iurc

Office: (317) 232‐2701

Facsimile: (317) 232‐6758


Investigation regarding: R L M Underground

Case Number: 16722


Damage Date: 8/8/2017 12:00 AM Damage Address: 513 Chauncy Dr, Carmel

The Parties

Excavator: R L M Underground

Address: 4902 W 57th Street Roeland Park, KS 66205


Pipeline Facility






Excavator Notify Operator: Excavator Notify 811: Excavator Notify 911: Severity Circumstances Submitted by Excavator/Operator: Excavator: Yes Operator: Yes Findings: Excavator requested a dig ticket and the operator accurately marked. Excavator used a shovel. No additional information was provided by either party that would indicate a violation of IC 8-1-26-20(a)(1).


STATE oy INDIANA




www.in.gov/iurc

Office: (317) 232‐2701

Facsimile: (317) 232‐6758



Case Number: 16726


Damage Date: 8/9/2017 12:00 AM Damage Address: 3965 Chadwick, Carmel

The Parties

Excavator: International, Inc.

Address: 9971 Woodbend Dr. Saline, MI 48176


Pipeline Facility






Excavator Notify Operator: No Excavator Notify 811: Excavator Notify 911: Yes Severity Circumstances Submitted by Excavator/Operator: Excavator: No Operator: No Findings: Excavator damaged a service line with a horizontal boring machine. They had a valid request at the time of the incident. The operator failed to mark the line due to locator error.


STATE oy INDIANA




www.in.gov/iurc

Office: (317) 232‐2701

Facsimile: (317) 232‐6758



Case Number: 16727


Damage Date: 8/9/2017 12:00 AM Damage Address: 515 Chauncy Street, Carmel

The Parties




Pipeline Facility






Excavator Notify Operator: No Excavator Notify 811: Excavator Notify 911: Yes Severity Circumstances Submitted by Excavator/Operator: Excavator: No Operator: No Findings: Excavator damaged a service line with a horizontal boring machine. They had a valid locate request at the time of the incident. The operator failed to mark the line due to operator's incorrect maps/records.


STATE oy INDIANA




www.in.gov/iurc

Office: (317) 232‐2701

Facsimile: (317) 232‐6758


Investigation regarding: International, Inc.

Case Number: 16746


Damage Date: 8/15/2017 12:00 AM Damage Address: 10328 Woods Edge Dr, Fishers

The Parties

Excavator: International, Inc.

Address: 9971 Woodbend Dr. Saline, MI 48176


Pipeline Facility






Excavator Notify Operator: Yes Excavator Notify 811: Excavator Notify 911: Yes Severity Circumstances Submitted by Excavator/Operator: Excavator: Yes Operator: Yes Findings: Excavator damaged an accurately marked 1-inch service line with a shovel. Rather than using the shovel in a standard fashion, the excavator used the shovel to drive through the ground, puncturing the line. Excavator failed to take care and precaution to avoid damage.


STATE oy INDIANA




www.in.gov/iurc

Office: (317) 232‐2701

Facsimile: (317) 232‐6758


Investigation regarding: International Inc.

Case Number: 16810


Damage Date: 8/14/2017 12:00 AM Damage Address: 10430 Woodsedge Drive, Fishers

The Parties

Excavator: International Inc.

Address: 5395 Cogswell St Wayne, MI 48184


Pipeline Facility






Excavator Notify Operator: Excavator Notify 811: Excavator Notify 911: Severity Circumstances Submitted by Excavator/Operator: Excavator: Operator: Findings: Excavator requested a dig ticket and the operator accurately marked. Excavator used a shovel. Excavator notes that the ground was hard and there were tree roots in the area. However, neither party has pictures of the damaged line. Without that or some additional information, there is insufficient information to make a finding of IC 8-1-26-20(a)(1), failure to plan.


STATE oy INDIANA




www.in.gov/iurc

Office: (317) 232‐2701

Facsimile: (317) 232‐6758



Case Number: 16811


Damage Date: 8/17/2017 12:00 AM Damage Address: 10168 Parkway Drive, Fishers

The Parties




Pipeline Facility






Excavator Notify Operator: Excavator Notify 811: Excavator Notify 911: Severity Circumstances Submitted by Excavator/Operator: Excavator: Operator: Findings: Excavator damaged an accurately marked 1-inch service line with a shovel. Rather than using the shovel in a standard fashion, the excavator used the shovel to drive through the ground, puncturing the line. Excavator failed to take care and precaution to avoid damage.


STATE oy INDIANA




www.in.gov/iurc

Office: (317) 232‐2701

Facsimile: (317) 232‐6758



Case Number: 16812


Damage Date: 8/24/2017 12:00 AM Damage Address: 10260 Night Hawk Dr, Fishers

The Parties




Pipeline Facility






Excavator Notify Operator: Yes Excavator Notify 811: Excavator Notify 911: Yes Severity Circumstances Submitted by Excavator/Operator: Excavator: Yes Operator: Yes Findings: Excavator damaged a distribution main with a horizontal boring machine. They had a valid request at the time of the incident. They damaged the line attempting a second pass with the bore head underneath the exposed facility.


STATE oy INDIANA




www.in.gov/iurc

Office: (317) 232‐2701

Facsimile: (317) 232‐6758



Case Number: 16813


Damage Date: 8/24/2017 12:00 AM Damage Address: 10235 Bent Creek Ct, Fishers

The Parties




Pipeline Facility



Product Release: Yes Service Interruption: No -



Excavator Notify Operator: Excavator Notify 811: Excavator Notify 911: Yes Severity Circumstances Submitted by Excavator/Operator: Excavator: No Operator: No Findings: Excavator damaged a service line with a horizontal boring machine. They had a valid locate request at the time of the incident. The operator failed to mark the line due to incorrect maps/records.


STATE oy INDIANA




www.in.gov/iurc

Office: (317) 232‐2701

Facsimile: (317) 232‐6758

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Common Ground Alliance Best Practice Recommendations

5.10 Locate Verification

Practice Statement: Prior to excavation, excavators verify that they are at the correct location, verify locate markings and, to the best of their ability, check for unmarked facilities. Practice Description: Upon arrival at the excavation site and prior to beginning the excavation, an excavator does the following:

Verifies that the dig site matches the one call request and is timely Verifies that all facilities have been marked and reviews color codes if in doubt Verifies all service feeds from buildings and homes Checks for any visible signs of underground facilities, such as pedestals, risers, meters, and

new trench lines Checks for any facilities that are not members of the one call center and contact someone to

get them located. Use of a pre-excavation checklist is recommended by insurers and practiced by responsible excavating contractors.

5.12 Work Site Review with Company Personnel

Practice Statement: Prior to starting work, the excavator reviews the location of underground facilities with site personnel. Practice Description: Sharing information and safety issues during an on-site meeting between the excavator and the excavating crews helps avoid confusion and needless damage to underground facilities.

5.13 One Call Reference at Site

Practice Statement: Except in case of an emergency, the excavator at each job site has available a complete description of the dig site, a list of the facility owner members impacted at that dig site as identified by the one call center, and the one call center ticket number. Practice Description: The availability of locate request details on site is useful because excavators can easily access information about the location and extent of work, the valid start time, and the list of operators notified. The documentation also provides an excavator with appropriate information for daily tailgate meetings for crews; provides quick references for

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excavation equipment operators; and facilitates communications between the excavator and the one call center with respect to that particular locate request, should it become necessary. When multiple crews are working on the same project at separate locations or when different employers have crews working at the same location, each crew has the information.

5.15 Facility Avoidance

Practice Statement: The excavator uses reasonable care to avoid damaging underground facilities. The excavator plans the excavation so as to avoid damage or to minimize interference with the underground facilities in or near the work area. Practice Description: Foremost on any construction project is safety. Excavators using caution around underground facilities significantly contribute to safe excavation of existing facilities.

5.17 Marking Preservation

Practice Statement: The excavator protects and preserves the staking, marking, or other designation of underground facilities until no longer required for proper and safe excavation. The excavator stops excavating and notifies the one call center for re-marks if any facility mark is removed or is no longer visible. Practice Description: During long, complex projects, the marks for underground facilities may need to be in place far longer than the locating method is durable. Painting, staking, and other marking techniques last only as long as the weather and other variables allow. When a mark is no longer visible, but work continues around the facility, the excavator requests a re-mark to ensure the protection of the facility.

5.18 Excavation Observer Practice Statement: The excavator has an observer to assist the equipment operator when operating excavation equipment around known underground facilities. Practice Description: The excavator designates a worker (an observer) who watches the excavation activity and warns the equipment operator while excavating around a utility to prevent damaging that buried facility.

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5.20 Excavation within Tolerance Zone

Practice Statement: When excavation is to take place within the specified tolerance zone, the excavator exercises such reasonable care as may be necessary for the protection of any underground facility in or near the excavation area. Methods to consider, based on certain climate or geographical conditions, include hand digging when practical (pot holing), soft digging, vacuum excavation methods, pneumatic hand tools, other mechanical methods with the approval of the facility owner/operator, or other technical methods that may be developed. Hand digging and non-invasive methods are not required for pavement removal. Practice Description: Safe, prudent, non-invasive methods that require the excavator to manually determine the actual location of a facility are considered “safe excavation practices” in a majority of state/provincial laws (38 states). A majority of states outline safe excavation practices to include hand digging or pot holing (16 states). Some states specifically allow for the use of power excavating equipment for the removal of pavement. Each state/province must take differing geologic conditions and weather related factors into consideration when recommending types of excavation within the tolerance zone.

5.29 Trenchless Excavation

Practice Statement: All stakeholders comply with all best practices and the following general guidelines prior to, during, and after any trenchless excavation (as applicable). Practice Description:

The excavator requests the location of underground facilities at the entrance pit, trenchless excavation path, and the exit pit by notifying the facility owner/operator through the one call center.

The trenchless equipment operator performs a site inspection, walking the trenchless excavation path prior to commencing work, and has a good understanding of the job.

The trenchless excavation operator confirms and maintains the path and minimum clearances established by the project owner and design engineer by tracking and recording the path of the trenchless excavation until complete. Means of tracking trenchless excavations include electronic locating/guidance devices, pipe lasers, water levels, visual inspection, etc.

When existing facilities are known to be present but cannot be potholed as a result of local conditions, the facility owner and the excavator meet to discuss how to safely proceed with the excavation.

The excavator stops the trenchless excavation operations if an abnormal condition, unknown substructure, or other hidden hazard is encountered. The excavator proceeds safely only

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after making positive identification. (Refer to Practice Statements 2–13 and 4–19 for additional information.)

5.32 Vacuum Excavation

Practice Statement: Vacuum excavation, when used appropriately, is an efficient, safe, and effective alternative to hand digging within the designated underground facility tolerance zone. Use of equipment also follows state/provincial laws and/or local ordinances. Practice Description: The safe exposure of underground facilities within the tolerance zone is essential to damage prevention. Site conditions may make the use of hand tools to expose underground facilities difficult or even impractical. Vacuum excavation is often an appropriate alternative. Locates must be obtained prior to the commencement of work (see Practice Statement 5–1). Many underground facility owners/operators have specific criteria for safe excavation/exposure practices around their facilities. Some underground facility owners/operators accept vacuum excavation as equivalent to hand excavation for exposing their facilities, and others have restrictions on its use. Vacuum excavation is an appropriate method of excavating safely around underground facilities provided that the equipment: has been specifically designed and built for this purpose; is operated by a worker trained and experienced in its operation; is operated in accordance with practices that provide appropriate levels of worker and public

safety and prevent damage to buried facilities; and is used in compliance with state/provincial laws and/or local ordinances

5.33 Facility Owner Provides a Monitor During Excavation

Practice Statement: If a facility owner/operator considers it necessary to be on site during excavation activities to work with the excavator in protecting their existing facilities, the facility owner/operator makes arrangements with the excavator to be present during those excavation activities within the time specified by state/provincial law. Practice Description: The facility owner/operator may determine it necessary to be on site during excavation activities taking place near their facilities to help protect them. A facility owner/operator has access to information and resources that may not be available to the excavator. This practice should be considered in conjunction with Practice Statement 2–4: Utility Coordination.

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