Kentucky Public Service Commission

Final Order Entered: 1. S & B's payment of Staff's proposed penalty and completion of training is accepted and resolves the alleged violation that was the subject of the Incident Report. 2. S & B's payment of Staff's proposed penalty is not an admission by S & B that it willfully violated any provision of KRS Chapter 367 or any administrative regulation promulgated pursuant thereto. 3. The Commission's investigation of this incident is closed and the January 24, 2020 hearing is canceled. 4. This case is closed and removed from the Commission's docket.

Order Entered: 1. S & B Concrete, LLC, shall appear on January 24, 2020, at 9 a.m. Eastern Standard Time, in Hearing Room 1 of the Commission's offices at 211 Sower Boulevard in Frankfort, Kentucky, for the purpose of presenting evidence concerning the alleged violation of the Underground Facility Damage Prevention Act and showing cause why it should not be subject to the penalties prescribed in KRS 367.4917(1) and (4) for this alleged violation. 2. Any partnership, corporation, or business entity (including a limited liability company) must be represented by an attorney licensed to practice law in Kentucky, and such representation includes the filing of papers with the Commission and appearances at hearings before the Commission. 3. The January 24, 2020 hearing shall be recorded by video only.

Notice of Filing

Order Entered: 1. S & B shall submit to the Commission a written response to the allegations contained in the Staff Incident Report within 20 days of receipt of this Order. 2. Any partnership, corporation , or business entity (including a limited liability company) must be represented by an attorney licensed to practice law in Kentucky, and such representation includes the filing of papers with and appearances at hearings before the Commission. 3. The Staff Incident Report 31373 in the Appendix to this Order is made a part of the record in this case. 4. Please note that notice of a hearing to be held in this matter will be mailed to S & B once proof of service is received by the Commission. Parties who fail to appear after service will be subject to entry of a default judgment against them.