DE 98-021 C.R. THOMPSON TRUCKING Hearing On Violation of Underground Utility Damage Prevention Program Order to Show Cause Why C.R. Thompson Trucking Should Not Be Held Liable For Penalties Assessed, Expenses Incurred, and Whether Additional Penalties Should Be Imposed O R D E R N O. 22,862 March 9, 1998 On November 18, 1997, NYNEX, in accordance with NHPUC Chapter Puc 800 Underground Utility Damage Prevention Program, N.H. Admin. Rules, Puc 803.02 (e), reported damage to underground facilities on Daniels St. in Portsmouth, N.H. The report alleged that on July 9, 1997, C.R. Thompson Trucking bent and pierced a 600 pair pressurized lead cable that was clearly marked. On November 25, 1997, the Safety Division, pursuant to Puc 805.01, issued a Notice of Probable Violation (NOPV) No. 97042, referencing RSA 374:55 IV-a, by certified mail, to C.R. Thompson Trucking (Respondent), P.O. Box 446, Greenland, N.H. 03804. The NOPV was received on December 8, 1997. Pursuant to NHPUC Part Puc 805.02, the Respondent had 30 days to respond to the NOPV. The Respondent failed to respond. On January 21, 1998, based on the lack of response, and in accordance with Puc 805.03 (a), the Division issued Notice of Violation No 97042V. The NOV was received on January 23,1998. Pursuant to Puc 805.04 (a), the Respondent had 10 days to respond. The Respondent failed to respond. Pursuant to Puc 805.05 (a), in the event the Respondent fails to answer the NOV pursuant to Puc 805.04(a)(1) or (2), the Commission shall issue an Order of Notice for a Show Cause Hearing. Accordingly, we direct C. R. Thompson to appear as directed below. Based upon the foregoing, it is hereby ORDERED, that C.R. Thompson Trucking appear before the New Hampshire Public Utilities Commission at its offices at 8 Old Suncook Road, Concord, New Hampshire at 1:30 P.M. on March 27, 1998 to show cause why C.R. Thompson Trucking should not be held liable for penalties assessed, expenses incurred, and whether additional penalties should be imposed. By order of the Public Utilities Commission of New Hampshire this ninth day of March, 1998. Douglas L. Patch Bruce B. Ellsworth Susan S. Geiger Chairman Commissioner Commissioner Attested by: Thomas B. Getz Executive Director and Secretary