Resolve, Regarding Legislative Review of Portions 01 'Chapter 895: Underground Facility Damage Prevention Requirements, a Major Substantive Rule of the Public Utilities Commission ..
Maine Legislature, Session 122, LD 2060
Committee Amendment CA_A_H948 (House)

COMMITTEE AMENDMENT ,11, to H.P. 1456, L.D. 2060, "Resolve, Regarding 
Legislative Review of Portions 01 'Chapter 895: 
Underground Facility Damage 
Prevention Requirements, a Major Substantive Rule of the Public Utilities Commission .. 
Amend the resolve by striking out all of section 1 and inserting in its place the 
following: 
'Sec. 1. Adoption. Resolved: That final adoption of portions of Chapter 895: 
Underground Facility Damage Prevention Requirements, a provisionally adopted major 
substantive rule of the Public Utilities Commission that has been submitted to the 
Legislature for review pursuant to the Maine Revised Statutes, Title 5, chapter 375, 
subchapter 2-A, is authorized only if: 
1. Preliminary investigation. In section 7(B)(I) a new provision is added to 
provide the following: 
A. That the commission staff shall engage in a preliminary investigation regarding 
any potential violation of the Dig Safe Law or rules; 
B. That the preliminary investigation must include a good faith effort to contact the 
potential violator and afford that person an opportunity to discuss the matter prior to 
the issuance of a notice of probable violation; and 
C. That nothing in the new provision precludes the issuance of a notice of probable 
violation if a person cannot be located with reasonable effort or fails to respond to a 
communication from the staff; 
2. Informal review. In section 7(B)(2)(a) it is clarified that the informal review 
consists of an informal conference or an analysis of the respondent's written reply; 
3. Recommended decision. In section 7(B)(3)(a) it is provided that, following the 
informal conference or the waiver of the informal conference, the commission staff 
member shall issue in writing a recommended decision indicating whether or not the 
respondent has violated the Dig Safe Law or the rules and the basis for that conclusion, 
and the recommended disposition; and 
COMMITTEE AMENDMENT 
... ~\"O. 
COMMITTEE AMENDMENT '11' to H.P. 1456, L.D. 2060 
4. Technical changes. Any technical changes to the rule necessary to accomplish 
the changes described in this resolve are made. 
The commission is not required to hold hearings or undertake further proceedings 
prior to final adoption of the rule in accordance with this section.' 
SUMMARY 
This amendment authorizes the Public Utilities Commission to finally adopt portions 
of Chapter 895: Underground Facility Damage Prevention Requirements, a provisionally 
adopted major substantive rule that has been submitted to the Legislature for review 
pursuant to the Maine Revised Statutes, Title 5, chapter 375, as long as certain changes 
are made relating to commission enforcement proceedings. The changes require the 
commission to hold a preliminary investigation prior to issuing a notice of probable 
violation. 
The changes are those specified in the document submitted to the Joint 
Standing Committee on Utilities and Energy entitled "Amendment to Chapter 895, 
Underground Facility Damage Prevention Requirements Developed by the Public 
Utilities Commission and the Telephone Association of Maine in response to the March 
23, 2006 directive of the Utilities and Energy Committee." 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 04/02/06 ;t;?ac 
122nd MAINE LEGIS LA TURE 
LD 2060 
LR 3228(02) 
Resolve, Regarding Legislative Review of Portions of Chapter 895: Underground Facility Damage 
Prevention Requirements, a Major Substantive Rule of the Public Utilities Commission 
Fiscal Note for BiII as Amended by Committee Amendment ,If, 
Committee: Utilities and Energy 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - Other Special Revenue Funds 
LR3228(2) - Fiscal Note - Page 1 of 1