OOGA 811 PUC Deployment Workshop

Ohio’s Call-Before-You-Dig Program: 

Ohio’s Call-Before-You-Dig Program Issues Raised by FCC 811 Proposal

Short History: 

Short History The Ohio General Assembly enacted comprehensive call before you dig law in 1989. (O.R.C. 3781.21 through 3781.32. Prior to 1989, a voluntary “call before you dig” service implored excavators to use the system to warn property owners before digging. Intent of the 1989 law was to make the “call before you dig” requirement mandatory. Unlike many other states, Ohio law imposes this requirement on nearly all underground facilities - regulated or non-regulated, including privately owned facilities.

Ohio Law: 

Ohio Law Does not allow the Commission to designate any one service as the sole protection service Rather, it authorizes all protection services registered with the Commission and Secretary of State on or before March 14, 1989

Ohio Services: 

Ohio Services Ohio Utilities Protection Service (OUPS) - service to utility companies, large facility owners and others. Oil & Gas Producers Underground Protections Service (OGPUPS) Anyone may join. Offer “limited basis” form of service – as provided by Ohio Statute No limitation on where facilities are located or the type of facility registered. 16,937 underground facilities located in 47 Ohio counties

Objectives: 

Objectives Preserve the ability of small businesses to participate in a Call Before You Dig programs on a cost-effective basis Many of these businesses cannot pass on or recover regulatory costs They are acutely sensitive to any increase in the cost or exposure to uncontrolled costs. Small business is concerned when law requires them to join a non-government organization, outside of government control

811 Implementation Issues: 

811 Implementation Issues New opportunity to create a fair, safe, efficient and “cost effective” underground protection service Underground Protection – Public Policy of State and a requirement of federal and state law All participants are required to comply with the law and should share in the costs Requirements under law require active government participation

811 Implementation Issues: 

811 Implementation Issues Active government participation: Directly—Commission itself actually operates protection services Provide cost control and insure correct incentives Indirectly—Commission establishes a regulatory structure governing protection services Either approach would ensure safety and provide assurance that costs would be controlled

811 Implementation Issues: 

811 Implementation Issues Possibilities : Use of a competitive bidding process in the selection of the protection service provider (Several New England states have employed this mechanism), 811 – Opportunity to Create a Better System New form of underground protection program that accounts for all STAKEHOLDERS and insures fair, equitable and proportionate participation by and for ALL STAKEHOLDERS Appropriate recognition & assignment of liability Appropriate signals from law to comply

Slide9: 

Excavation damage is a leading cause of pipeline incidents! Why?

No Free Riders: 

No Free Riders Commercial excavators and developers are the “cost causers” Non-delegable duty to inform themselves of existing underground facilities (GTE North, Inc. v. Carr, 84 Ohio App.3d 776) Cost Causers should therefore be required to: Share in the cost of operating Ohio’s Call-Before-You-Dig program It is their activity that drives the need for an underground facility owner’s participation in One Call programs Program’s incentives need to be properly aligned

Conclusion: 

Conclusion “Think Outside the Box” Opportunity to develop a fair, safe, efficient and “cost effective” underground facility protection program for Ohio Requires all participants to share in its costs Protects small businesses – particularly non-utility