Page 16 - Tennessee811

Data Driven Improvements to Tennessee’s Enforcement Program
By Tennessee Public Utility Commission Staff on behalf of the Underground Utility Damage Enforcement Board
The Tennessee Underground Utility Damage Enforcement program is a permissive complaint system. Historically, the large majority of these complaints are filed by utility operators against excavators, resulting in unequal enforcement of the provisions of
the Underground Utility Damage Prevention Act (UUDPA). In addition, the small number of complaints
filed compared to the number of reported facility damages annually indicates missed opportunities to protect underground facilities through enforcement activities. The Board
and its Staff have taken a
data-driven approach to
identifying areas to improve
the program.
First, Board Staff and
the stakeholder groups
represented on the Board
commenced efforts to
increase the number of
complaints submitted,
encouraging operators
and excavators alike to use
enforcement complaints
as a tool to assist their
own safe excavation and
facility protection programs.
Complaint numbers have
increased steadily as Board
messaging has continued
to focus on the need for
enforcement to assist in
the promotion of safe digging practices. The Board received 113 complaints
from January through May of 2022.
In comparison, the Board received 152 complaints for the same period in 2023, a 35% increase in complaints submitted. In addition, the Board has seen an increase in the number of complainants, from 3 primary complainants in 2017
to more than 40 complainants in 2022. Utility Operators continue to submit
the majority of the complaints. Board Staff uses complaint data to track and monitor violator compliance and to recommend increased or enhanced penalties for repeat violators. While
the number of complaints remains
only a percentage of damages to
utility facilities annually, data analysis continues to show improvement in participation in the state’s enforcement program.
Complaint data is also used to direct information and education activities. The most common root cause for complaints is “No Notification to One- Call Prior to Excavation.” The Board found 130 violations for this root cause in 2021. Board Staff has focused its education efforts on participation in the enforcement program through the filing of complaints and emphasizing the top root causes for violations. In
legislation and/or rules amendments. The UUDPA requires utility facilities to report damages to the Damage Information Reporting Tool (DIRT) utilized by the Common Ground Alliance. Comparison of DIRT reports to PHMSA damage reports indicated
a deficiency in DIRT reporting. As a result, the Board sought legislation to require a damage notice to the state one-call service that became effective on July 1, 2021. Similarly, the Board supported legislation brought by the state one-call service that allows for an additional data source specific to large project notifications and marking based
upon data indicating a need to address the topic. In addition, the legislation addressed additional topics, such as notification requirements
for certain hand digging excavations and electronic
white lining that
data analysis by stakeholders has shown are areas of concern in excavation safety.
The Board and its Staff utilize complaint data, as well as other
data sources, such as data provided by PHMSA, the Tennessee Gas Pipeline Safety Division within the TPUC, DIRT, and Tennessee 811
to identify and direct its activities.
Data analysis has been useful in directing the Board’s enforcement efforts, educational activities, and legislative and rulemaking amendment recommendations. For additional information on the Tennessee Underground Utility Damage Enforcement program or to file a complaint, please visit www.tn.gov/tpuc.
14 • Tennessee811 2023, Issue 3
addition, the Board awarded grants that focused on providing general public awareness concerning one-call notification requirements and industry specific training to excavators and small utilities for whom training may have been cost prohibitive. While
the number of complaints increased in 2022, the number of violations for “No Notification to One-Call Prior to Excavation” decreased in 2022 to 105. Therefore, the data driven educational efforts focusing on top root causes for violations are proving to be effective.
Finally, the Board uses data to identify topics that need to be addressed via