STATE OF MAINE

PUBLIC UTILITIES COMMISSION

Philip L. Bartlett, II Harry Lanphear

CHAIRMAN ADMINISTRATIVE DIRECTOR

R. Bruce Williamson
Randall D. Davis
COMMISSIONERS

CERTIFIED MAIL – RETURN RECEIPT REQUESTED

December 23, 2019

Techno Post of Maine

Michael Brochu
157 Granite Hill Rd.
Manchester, ME 04351

Subject: NOTICE OF ENFORCEMENT INVESTIGATION (NOEI) #19-337

Dear Mr. Brochu:

Based on information collected by the Maine Public Utilities Commission (Commission), I have
reason to believe that on September 10, 2019, at 313 Farmington Falls Rd., Farmington Maine, you or
your company committed a possible violation of Maine law, Title 23 M.R.S.A. § 3360-A, relating to the
protection of underground facilities (known as the “Dig Safe” law) and Commission Rule as prescribed in
Chapter 895 – Underground Facility Damage Prevention Requirements. The violations are described
below.

Violators of the Dig Safe Law may be subject to a civil penalty of up to $500 for each violation
committed during the first incident and up to $5,000 for each violation committed during subsequent
incidents, and/or be required to perform remedial action.

My investigation of this matter has revealed the following:

➢ On Tuesday, September 10, 2019, Techno Post installed three bollards at 313 Farmington Falls
Road in Farmington. Maine. This installation met the definition of “excavation” contained in
Chapter 895, section 2(J) of the Commission’s rules;
➢ Dig Safe’s ticket tracking system shows that you did not submit any locate requests in the past
12 months;
➢ Commission records show you committed no violations of the dig safe law or rules in the past 12
months; and
➢ You have not been required to attend mandatory Dig Safe training in the past 12 months for a
violation of the same section of the law or rule that is subject of this NOEI.

On the basis of the facts asserted above, I, as the Commission’s Damage Prevention
Investigator, am recommending the following penalty(s) for each violation:

Violation # Probable Violation

e2 Excavator failed to properly notify Dig Safe
(23 M.R.S. § 3360-A (3); MPUC Rules, ch. 895, § 4(B)(1))

Recommended Penalty Action $500

LOCATION: 101 Second Street, Hallowell, ME 04347 MAIL: 18 State House Station, Augusta, ME 04333-0018
PHONE: (207) 287-3831 (VOICE) TTY users call Maine Relay 711 FAX: (207) 287-1039
 e4 Excavator failed to properly premark area of proposed excavation
(23 M.R.S. § 3360-A(3)(C); MPUC Rules, ch. 895, § 4(A))
Recommended Penalty Action $500

Total Penalty $1,000

In accordance with Chapter 895, Section 7 you must take one of the following actions within 30
days of receiving this notice. Failure to respond to this NOEI within 30 days using one of the
methods described below will result in a finding of default and shall be treated as a finding of a
violation for purposes of future applications of Chapter 895. Within thirty (30) days, you may
acknowledge that this incident will be treated as a violation(s) as noticed and agree to my recommended
penalty by signing and returning the enclosed Consent Agreement and remitting a check or money
order to the Treasurer, State of Maine, in the amount of $1000.

OR, if you wish to dispute the violation:

1. Within thirty (30) days, request in writing an informal review. This review will consist of
an analysis of any written information you submit and an informal conference. At the
informal conference you have the right to be represented by an attorney or other person,
to present evidence, and to make arguments in support of your position. The Commission
will make available to you any evidence that indicates you may have violated its rule. You
may file a signed, written reply with the Commission on or before the day of your informal
conference. This written reply must include a statement of all relevant facts and authority,
as well as the basis for your dispute of the alleged violation(s).

Following an informal review, a Presiding Officer will issue a written recommended decision
indicating whether or not you have violated the Dig Safe Law and/or the Commission Rule, the
basis for that conclusion, and the recommended disposition. You may request, in writing, an
adjudicatory hearing before the Commission within 30 days of receiving the recommended
decision. The Commission will then decide the matter after hearing the evidence presented in
the adjudicatory hearing. If you do not request an adjudicatory hearing, the Commission will
decide the matter based on the information submitted through the NOEI and informal review
process; OR

2. Within thirty (30) days, request that the Informal Review be waived and that an adjudicatory
hearing before the Commission be convened instead. Such request must be in writing and shall
identify the findings or conclusions in the NOEI with which the respondent disagrees and
indicate the respondent’s position on these matters.

All communications, including payments, should include reference to the NOEI Incident Number
#19-337 and be directed to Damage Prevention Program, at the Maine Public Utilities Commission, 18
State House Station, Augusta, ME 04333-0018.

Respectfully yours,

Barry E. Truman
Damage Prevention Investigator
 Maine Public Utilities Commission

Consent Agreement

The Damage Prevention Investigator for the Maine Public Utilities Commission (Commission) and
Techno Post of Maine (Respondent) agree to the following settlement of the asserted violations of Maine
Law, Title 23 M.R.S.A. § 3360-A and Commission Rule, Chapter 895.

Whereas, the Commission’s Damage Prevention Investigator filed a Notice of Enforcement

Investigation (NOEI) #19-337 against the Respondent, alleging the Respondent violated Commission
Rule, Chapter 895 as follows:

Violation Probable Violation

e2 Excavator failed to properly notify Dig Safe

(23 M.R.S. § 3360-A (3); MPUC Rules, ch. 895, § 4(B)(1))
e4 Excavator failed to properly premark area of proposed excavation
(23 M.R.S. § 3360-A(3)(C); MPUC Rules, ch. 895, § 4(A))

And Whereas, the Respondent does not contest the claim made in the referenced notice,

Now, Therefore, the Commission’s Damage Prevention Investigator and the Respondent hereby agree
as follows:

1. The incident which led to the issuance of the NOEI shall be treated as a violation of the dig
safe laws and rules.

2. The Respondent does not contest the civil penalty imposed of $1,000 as set forth in the
NOEI, dated December 23, 2019.

3 The Respondent expressly waives any right to a hearing to which the Respondent would
have been accorded if this complaint were prosecuted.

4. The Commission shall pursue no further action against the Respondent concerning the
violation(s) included in this Consent Agreement, except as provided in Paragraph 8 and in
order to enforce this Agreement.

5. This Agreement shall not release the Respondent from any claims of liability made by other
parties under applicable Maine law.

6. This Agreement shall not constitute a waiver of the Respondent’s right to take legal action
against any other party or person involved in this incident.

7. This Agreement shall not constitute a waiver of the Respondent’s position or arguments with
regard to other NOEIs.

8. Notwithstanding Paragraph 7, the Commission shall consider this Agreement when

assessing any penalties for future violations of Chapter 895.
 9. The Respondent’s signing of this consent agreement is not an admission to or agreement
with the legal conclusions set forth in the NOEI.

10. The above agreements are contingent upon the Commission’s approval of this Consent
Agreement in its entirety without material modification.

Dated: By:
For the Respondent (Signature)

(Printed Name)

(Job Title & Company)

Dated: By:
Barry E. Truman
Damage Prevention Investigator
For the Maine Public Utilities Commission

Note: After this Consent Agreement is deliberated and adopted by Order of the Commission
(or its designee), an approved copy will be returned to you.