Kansas Corporation Commission approves $11,000 penalty for Black Hills Energy over excavation violations

The Kansas Corporation Commission voted April 21 to approve a penalty order that charges Black Hills Energy $11,000 for multiple alleged violations of the Kansas Underground Utility Damage Prevention Act and state-adopted federal pipeline safety regulations.

Madison Hayne, the staff presenter, told commissioners the order compiles at least 10 instances between January 2025 and November 2025 in which Black Hills failed to provide excavators with the location of the tolerance zone before excavation and allegedly failed to follow a written procedure required by federal pipeline safety rules adopted in Kansas. "This penalty order assesses a fine of $11,000 to Black Hills Energy, a natural gas public utility," Hayne said, adding the order charges $1,100 for each of the 10 violations.

Hayne told the commission that staff had issued a total of 18 CUDPA penalties to Black Hills between 2022 and 2024. She said Black Hills responded to each staff notice and did not dispute staff's allegations as to the violations; the company described follow-up actions and those responses are attached to staff's report as Exhibit 1.

Commissioners present—Chair French and Commissioner Keether—asked no substantive questions. Chair French moved approval of the order "as presented," the motion received a second, and the commission approved the order by voice vote.

The order was included on the noticed agenda because of the penalty size, staff said. The meeting concluded with routine adjournment; no additional or separate enforcement actions were announced during the session.