Attorney General’s Report

Nebraska Attorney General
One-Call Report to State Fire Marshal
April 1,2020 through June 30,2020

To: Nebraska State Fire Marshal
From: Milissa Johnson-Wiles, Assistant Attorney General
Re: Nebraska Attorney General’s Office-Report of One-Call Activity from April 1, 2020 through June 30,2020

Activity report

  • 23 investigatory files opened during time period
    • (8 against excavators, 15 against operators/third party locators)
  • 7 investigatory files closed during time period:
    • 6 prosecution declined (5 operator, 1 excavator)
    • 0 warning letters sent
    • 0 Settlement or Consent Decree assessing civil penalties
    • 1 transfer to case file for civil action (excavator)
  • 71 investigatory files still open and under investigation/review at end of time period

Civil Case Matters

  • 1 civil action(s) filed or still open at end of time period-(Litigation)
  • 8 civil case files pending (Post-Litigation Monitoring)
  • 1 civil case file closed-Satisfaction of Judgment filed

Civil penalties assessed:* $0

*Assessment of civil penalties and inclusion in this report is determined by the date the Consent Decree is signed by the Court, Judgment entered by the Court, or when settlement is received, if there is no Consent Decree. Amount of civil penalties includes total amount assessed, including any amount which may be waived after successful remediation period.

Nebraska Attorney General
One-Call Report to State Fire Marshal
January 1,2020 through March 31,2020

To: Nebraska State Fire Marshal
From: Milissa Johnson-Wiles, Assistant Attorney General
Re: Nebraska Attorney General’s Office-Report of One-Call Activity from January 1, 2020 through March 31,2020

Activity report

  • 21 investigatory files opened during time period (7 against excavators, 14 against operators)
  • 5 investigatory files closed during time period
    • 1 prosecution declined (operator)
    • 2 warning letters (2 excavator)
    • 2 Settlement/Consent Decree assessing civil penalties (1 excavator, 1 operator)
  • 0 civil action(s) filed or still open at end of time period-(Litigation matters)
  • 9 civil case files pending (Post-Litigation matters)
    • Judgment entered, monitoring the Act for a period of time to ensure compliance/remediation period, or to enforce judgment
  • 50 investigatory files still open and under investigation/review at end of time period
  • Civil penalties assessed:. $16,000.00

*Assessment of civil penalties and inclusion in this report is determined by the date the Consent Decree is signed by the Court, Judgment entered by the Court, or when settlement is received, if there is no Consent Decree. Amount of civil penalties includes total amount assessed, including any amount which may be waived after successful remediation period.

Nebraska Attorney General
One-Call Report to State Fire Marshal
October 1, 2019 through December 31, 2019

To: Nebraska State Fire Marshal
From: Milissa Johnson-Wiles, Assistant Attorney General
Re: Nebraska Attorney General’s Office-Report of One-Call Activity from October 1, 2019 through December 31 , 2019

Activity report

  • 0 investigatory files opened during time period
    • (several received but not officially opened in system due to staffing issues-will report next quarter)
  • 2 investigatory file closed during time period
    • 1 prosecution declined (excavator)
    • 1 warning letters (1 excavator)
  • 0 civil action(s) filed or still open at end of time period-(Litigation matters)
  • 8 civil case files pending (Posllitigation matters)
    • Judgment entered, monitoring the Act for a period of time to ensure compliance/remediation period, or to enforce judgment
  • 32 investigatory files still open and under investigation/review at end of time period
  • Civil penalties assessed:* $0

*Assessment of civil penalties and inclusion in this report is determíned by the date the Consent Decree is signed by the Court, Judgment entered by the Court, or when settlement is received, if there is no Consent Decree. Amount of civil penalties includes total amount assessed, including any amount which may be waived after successful remediation period.

Nebraska Attorney General
One-Call Report to State Fire Marshal
July 1, 2019 through September 30, 2019

To: Nebraska State Fire Marshal
From: Milissa Johnson-Wiles, Assistant Attorney General
Re: Nebraska Attorney General’s Office-Report of One-Call Activity from July 1, 2019 through September 30, 2019

Activity report

  • 8 investigatory files opened during time period
    • (2 against excavators, 5 against operators, 1 against Third Party Locator)
  • 10 investigatory files closed during time period
    • 5 prosecution declined
    • 5 warning letters (3 operators, 2 excavators)
  • 0 civil action(s) filed or still open at end of time period-(Litigation matters)
  • 9 civil case files pending (Post-Litigation matters)
    • Judgment entered, monitoring the Act for a period of time to ensure Judgment compliance/remediation entered, period, monitoring or to the enforce judgment
  • 1 pending or civil case file(s) closed after settlement or successful remediation period
  • 34 investigatory files still open and under investigation/review at end of time period
  • Civil penalties assessed:* $500.00 Judgment, Lancaster County (State v. G.P. Cable)

*Assessment of civil penalties and inclusion in this report is determined by the date the Consent Decree is signed by the Court, Judgment entered by the Court, or when settlement is received, if there is no Consent Decree. Amount of civil penalties includes total amount assessed, including any amount which may be waived after successful remediation period.

Nebraska Attorney General
One-Call Report to State Fire Marshal
April 1, 2019 through Jun 30, 2019

To: Nebraska State Fire Marshal
From: Milissa Johnson-Wiles, Assistant Attorney General
Re: Nebraska Attorney General’s Office-Report of One-Call Activity from April 1, 2019 through June 30, 2019

Activity report

  • 8 investigatory files opened during time period
    • (6 against excavators, 1 against operators, 1 against Third Party Locating Service)
  • 4 investigatory files closed during time period
    • (1 prosecution declined, 3 warning letters)
  • 1 civil action filed or still open at end of time period-Litigation matters
    • State ex. rel. Peterson v. G.P. Cable, Lancaster County
  • 7 files placed in remediation/still in remediation-Post-Litigation matters
    • (monitoring compliance with Act for a period of time pursuant to Consent Decree or Court Order; or to enforce judgment)
  • 0 civil case files closed after settlement or successful remediation period
  • 36 investigatory files still open and under investigation/review at end of time period
  • Civil penalties assessed:* $6,000.00 ($1,000.00 received on settlement, Lancaster County, remaining $589.88 expected to be paid in next quarter; $5,000.00 Judgment, Douglas County, State)

*Assessment of civil penalties and inclusion in this report is determined by the date the Consent Decree is signed by the Court, Judgment entered by the Court, or when settlement is received, if there is no Consent Decree. Amount of civil penalties includes total amount assessed, including any amount which may be waived after successful remediation period.

Nebraska Attorney General One-Call Report to State Fire Marshal January 1, 2019 through March 31, 2019

To: Nebraska State Fire Marshal From: Milissa Johnson-Wiles, Assistant Attorney General Date: April 16, 2019 Re: Nebraska Attorney General’s Office-Report of One-Call Activity from January 1, 2019 through March 31, 2019

Activity report

  • 3 investigatory files opened during time period
    • (1 against excavators, 2 against operators)
  • 15 investigatory files closed during time period
    • (6 prosecution declined, 5 warning letters,3 settlements before civil action, 1 transferred to case file for civil action)
  • 3 civil actions filed or still open at end of time period
    • State ex. rel Peterson v. Antoniak Construction, Douglas County State ex. rel. Peterson v. G.P. Cable, Lancaster County State ex.rel. Peterson v. River Valley Services, Furnas County
  • 6 files placed in remediation/still in remediation (monitoring compliance with Act for a period of time pursuant to Consent Decree or Court Order)
  • 1 civil case file closed after settlement or successful remediation period
    • (State ex.rel. Peterson v. River Valley Services)
  • 32 investigatory files still open and under investigation at end of time period
  • Civil penalties assessed:* $6,500.00 (Lancaster County, Hall County, Furnas County)
*Assessment of civil penalties and inclusion in this report is determined by the date the Consent Decree is signed by the Court, Judgment entered by the Court, or when settlement is received, if there is no Consent Decree. Amount of civil penalties includes total amount assessed, including any amount which may be waived after successful remediation period.

Nebraska Attorney General One-Call Report to State Fire Marshal October 1, 2018 through December 31, 2018

To: Nebraska State Fire Marshal From: Milissa Johnson-Wiles, Assistant Attorney General Date: January 11, 2019 Re: Nebraska Attorney General’s Office Report of One-Call Activity from October 1, 2018 through December 31, 2018

Activity report

  • 4 investigatory files opened during time period
    • (2 against excavators, 2 against operators)
  • 14 investigatory files closed during time period
    • (10 prosecution declined, 0 warning letters, 0 settlements, 4 transferred to case file for civil action)
  • 4 civil actions filed/still open at end of time period
    • State ex. rel Peterson v. Antoniak Construction, Douglas County
    • State ex. rel. Peterson v. True North Construction, Lancaster County
    • State ex. rel Peterson v. Vogt T & T Excavating, Lancaster County
    • State ex. rel. Peterson v. G.P. Cable, Lancaster County
  • 6 files placed in remediation/still in remediation (monitoring compliance with Act for a period of time pursuant to Consent Decree or Court Order)
  • 1 civil case file closed after settlement/successful remediation period
    • ( State ex. rel. Peterson v. True North Construction)
  • 44 investigatory files still open and under investigation at end of time period
  • Civil penalties assessed:* $1,750.00 (Lancaster County)
*Assessment of civil penalties and inclusion in this report is determined by the date the Consent Decree is signed by the Court, Judgment entered by the Court, or when settlement is received, if there is no Consent Decree. Amount of civil penalties includes total amount assessed, including any amount which may be waived after successful remediation period.

Nebraska Attorney General One-Call Report to State Fire Marshal July 1, 2018 through September 30,2018

To: Nebraska State Fire Marshal From: Milissa Johnson-Wiles, Assistant Attorney General Date: October 4, 2018 Re: Nebraska Attorney General’s Office Report of One-Call Activity from July 1, 2018 through September 30, 2018.

Activity report

  • 3 investigatory files opened during time period (2 against excavators, 1 against operators)
  • 19 investigatory files closed during time period (7 prosecution declined, 4 warning letters, 4 settlements, 4 transferred to case file for civil action)
  • 2 civil actions filed/open (State ex, rel Peterson v. Urbanski, Hall County District Court; State ex. rel. Peterson v. G. P. Cable Corp., Lancaster County District Court)
  • 6 files placed in remediation/still in remediation (monitoring compliance with Act for a period of time pursuant to Consent Decree or Court Order)
  • 2 civil case files closed after successful remediation period
  • 49 investigatory files still open and under investigation at end of time period
  • Civil penalties assessed:. $6,500.00 (Butler County, Lancaster County, Hall County, Logan County, Red Willow County)
*Assessment of civil penalties and inclusion in this report is determined by the date the Consent Decree is signed by the Court, Judgment entered by the Court, or when settlement is received, if there is no Consent Decree. Amount of civil penalties includes total amount assessed, including any amount which may be waived after successful remediation period.

Nebraska Attorney General One-Call Report to State Fire Marshal April 1, 2018 through June 30, 2018

To: Nebraska State Fire Marshal From: Milissa Johnson-Wiles, Assistant Attorney General Date: August 3, 2018 Re: Nebraska Attorney General’s Office Report of One-Call Activity from April 1, 2018 through June 30, 2018.

Activity report

  • 9 investigatory files opened during time period
    • (7 against excavators, 2 against operators) 8 investigatory files closed during time period (4 prosecution declined, 3 warnings, 1 settlement)
  • 1 civil action open, active (State ex. rel Peterson v. Urbanski, Hall County District Court)
  • 7 files still in remediation (monitoring compliance with Act for a period of time pursuant to Consent Decree)
  • 2 files closed after successful remediation period
  • 53 files still open and under investigation at end of time period
  • Civil penalties assessed:* $250.00 (Settlement-Lancaster County)
*Assessment of civil penalties and inclusion in this report is determined by the date the Consent Decree is signed by the Court or when settlement is received, if no Consent Decree. Amount of civil penalties includes total amount assessed, including any amount which may be waived after successful remediation period.

Nebraska Attorney General One-Call Report to State Fire Marshal January 1, 2018 through March 31, 2018

To: Nebraska State Fire Marshal From: Milissa Johnson-Wiles, Assistant Attorney General Date: April 20, 2018 Re: Nebraska Attorney General’s Office Report of One-Call Activity from January 1, 2018 through March 31, 2018

Activity report

  • 15 investigatory files opened during time period (10 against excavators, 3 against operators, 1 against homeowner, 1 against unknown person)
  • 14 investigatory files closed during time period (7 prosecution declined, 5 warning letters, 1 settlement without Consent Decree, 1 transferred to case file for civil action)
  • 1 civil action filed (Hall County District Court); open, active
  • 8 files placed in remediation/still in remediation (civil penalty assessed; monitoring compliance with Act for a period of time pursuant to Consent Decree)
  • 5 files closed after successful remediation period
  • 59 files still open and under investigation at end of time period
  • Civil penalties assessed:* $500.00 (Lancaster County)
*Assessment of civil penalties and inclusion in this report is determined by the date the Consent Decree is signed by the Court or when settlement is received, if no Consent Decree. Amount of civil penalties includes total amount assessed, including any amount which may be waived after successful remediation period.

Nebraska Attorney General One-Call Report to State Fire Marshal January 1, 2017 through December 31, 2017

Pursuant to the Letter of Understanding between the Nebraska State Fire Marshal and the Nebraska Attorney General, please see the following activity report for One-Call enforcementin 2017:
  • 43 investigatory files opened during time period
  • 22 investigatory files closed during time period by either:
    • 1) Prosecution Declined;
    • 2) Warning letter;
    • 3) Settlement without civil action; or
    • 4) Transfer to case file for civil action
  • 2 CivilActions filed (Buffalo County, Hall County)
  • Civil penalties assessed:* $38,000.00 (Hall County, Buffalo County, Lancaster County)
  • 48 files still open and under investigation/processing to disposition at end of time period
  • 11 files still in remediation-monitoring compliance
*Assessment of civil penalties and inclusion in this report is determined by the date the Consent Decree is signed by the Court or when settlement is received, if no Consent Decree. Amount of civil penalties includes total amount assessed, including any amount which may be waived after successful remediation period.