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STATE o INDIANA <br />INDIANA UTILITY REGULATORY COMMISSION <br />101 WEST WASHINGTON STREET, SUITE 1500 EAST <br />INDIANAPOLIS, INDIANA 46204-3419 <br />June 20, 2019 <br />C & E Excavating <br />Jennifer Burgess, Corporate Secretary <br />53767 County Road 9 <br />Elkhart, IN 46514 <br />Subject: Proposed Findings and Civil Penalties in Case No. 19508 <br />To Whom It May Concern: <br />M 221$ <br />www.in.gov/iurc <br />Office: (317) 232-2701 <br />Facsimile: (317) 232-6758 <br />On 11/30/2018, Indiana Utility Regulatory Commission's ("IURC") Pipeline Safety Division ("Division") sent <br />you an information request about events in Case No. 19508 . The Division investigated, considering the <br />information you and other parties may have provided. The Division found you in violation of IC 8-1-26. After <br />public notice and notice to you dated 5/24/2019, during a Public Meeting where you had the opportunity to <br />present written evidence, the Indiana Underground Plant Protection Advisory Committee ("Committee") <br />reviewed the case and recommended a penalty. This letter is to notify you of the Committee's recommendation <br />and give you the opportunity to seek a public hearing pursuant to IC 8-1-26-23(k) if you so request. <br />The Division determined the following violation(s): <br />The Committee recommends the following civil penalty <br />IC 8-1-26-16(h)(out) Failure to provide notice <br />of excavation - damage occurred outside <br />requested locate area. <br />Civil Penalty <br />$4,000.00 <br />If you are not disputing the findings and recommended penalty, no further action is necessary at this time. <br />You will receive a Final Order after your case has been approved by the IURC (about 2 months from now). <br />Instructions to complete your penalty, (including where to mail payment and how to schedule training, as <br />applicable,) will be included. <br />If you disagree with the findings or recommended penalty, you have the right to a hearing before the IURC. <br />Requests for hearing must be filed within (30) days of your receipt of this letter and must be in compliance <br />with 170 IAC 1-1.1-3 and GAO 2016-3 (attached) governing filings. Please feel free to contact me with any <br />questions at (317) 232-6735 or dpoon@urc.in.gov. <br />Sincerely, <br />r <br />DeAnna L. Poon <br />Legal Advisor, Advisory Committee <br />Assistant General Counsel, IURC <br />Attachments: 170 IAC 1-1.1-3; GAO 2016-3 <br />M, [I S` <br />, I� n <br />