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Solarpowered, it's likely a matter of grammar....

The PoCo, as a "Publicly Regulated Utility," is granted certain governmental abilities (such as eminent domain) and exemption from certain laws (like anti-trust). With the involvement of a "Public Utility Commission" it's no longer a "private" company.

What is most likely what happens is that, like any governmental body, the PoCo can ask the courts to impose a fine. The only difference is that the penalties paid go to some place besides the local town. Where? Well, you'ld have to look to your statutes for that answer. Best bet is they are diverted to some 'fund' that is used for some other 'public interest.'

The way this came about, and the reasons for it, are a bit beyond the scope of this thread.

There's really nothing 'corrupt' in assessing penalties for your breaking things you could have / were required to have done to prevent the damage from happening in the first place. Plus paying to fix them.

I want to make it clear that I don't have a problem with fines being assessed for breaking things. My concern is about exactly how that is done.

Going back to basic Civics 101, our government, as originally designed, has three branches: the legislative, executive, and judicial. The legislature makes the laws. The executive puts the laws into effect. And the judiciary enforces the laws. This Separation of Powers is designed to help protect our liberty by preventing too much power from being concentrated in a single place.

The idea that was supposed to be enshrined in our Constitution is that when one is accussed of a crime, he is brought before the judiciary before a disinterested judge or jury, both sides have the opportunity to present evidence, the accused has the opportunity to confront his accusers, and said judge or jury renders a verdict.

This process has in the last century been corrupted by the creation of administrative agencies, such as OSHA and the EPA, that have the ability to function as lawmaker, judege, jury, and executioner. This is an unconstitution breech of the Separation of Powers required by our Constitution, and of the concept of limited government.

My concern here what that this corruption had further spread to giving private companies (even if "Publicly Regulated Utilities") the ability to levy fines. It appears that my specific concern was unwarranted, and that Harold simply misspoke. (And I'm sure he was more concerned with making sure people know that one can get into some major trouble by digging into a line than he was in the Civics of the whole thing, so I'm not intending to pick on him.)

Wow, we certainly made a mountain out of a mole hill.

Again the 'fine' has nothing more to do with the utility than a fine assessed for vandalizing an ECs office would have to do with the EC.

OK, I'll admit to being guilty on that count!

Peace!

LOL

It's not like I have ever been guilty of that..

Bob:
Upon your eloquent quoting of the NJ Statute....I'll have to make you an honarary 'Jersey Guy'

Stay safe

Bob,

I maybe wrote my post wrong. I will double check my facts and get back to this board. It wouldn't be the first time I put my foot in my mouth. I just seem to remember that fines could be issued when someone dug up the wrong wires when they didn't call the 800 number. I thought that ATT had some powerful rules when someone dug up their "Long Lines" before wireless and satellites became popular.

I just got off the phone with the POCo rep. in my area and she said that you can get fined up to $10,000 for not calling into the 1-800 DIG number. I asked her who gives the fine, they POCO? She said it didn't come from them she believed it came from the state and she believed that the state ran that 1-800 DIG number. I will look into it more if you want.

Check out this website:

http://www.njua.org/html/call_before_you_dig.html

There is information there.