PCCA Journal 1st Quarter 2026

The Official Publication of the Power & Communication Contractors Association Mandatory Damage Reporting in Pennsylvania Helps Reduce Damages Emerging Trends in Employment Arbitration: What Employers Need to Know NERC Releases 2025 Long-Term Reliability Assessment Addressing Systemic Inefficiencies in the Damage Prevention Process 1st Quarter 2026 PCCA Promotes Federal Policy Priorities at D.C. Fly-In

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1st Quarter 2026 Official Publication of the Power & Communication Contractors Association Publication Staff PO Box 638 Churchton, Maryland 20733 (800) 542-PCCA • www.pccaweb.org ©2026 Power & Communication Contractors Association Publisher Timothy Wagner Editor Michael Ancell Associate Editor Caroline Ferguson Advertising Sales Stacy Bowdring Photography Jorge de Casanova Information Technology Greg Smela Accounting James Wagner Layout & Design Joseph Wagner Officer Directors Board of Directors Nick Anderson Anderson Underground, Inc. Ed Campbell Quanta Services, Inc. Andy Christine Sellenriek Construction, Inc. Josh DeBruine Michels Corporation Tucker Dotson (Advisory) Ditch Witch John Fluharty (Advisory) Troy Construction Tom Fredericks American Polywater Corporation Matthew Gabrielse Gabe’s Construction Co., Inc Robin Gilbertson J&R Underground, LLC Jake Jeffords Vermeer Corporation Tate Johnson MYR Group Tommy Muse, Jr. Muse & Associates Nate Newsome GPRS, LLC. Sam Stephens Tjader & Highstrom Jason Tyler Brooks Construction Co., LLC Billy Vincent ElectriCom, Inc. Michael Whitebread J.J. Kane Auctioneers Chris Wozniak Intercon Construction, Inc. Chairman Rob Pribyl MP Nexlevel, LLC Chairman-Elect Craig Amerine Amerine Utilities Construction, Inc 1st Vice Chairman Heath Sellenriek Sellenriek Construction 2nd Vice Chairman Chase Lapcinski Push, Inc. Treasurer John Audi Mears Group, Inc. Secretary Garrett Akin Brooks Construction Co., LLC PCCA Promotes Federal Policy Priorities at D.C. Fly-In 7 By Ben Brubeck If there was one theme that carried through PCCA’s 2026 Washington, D.C. Fly-In, February 4-6, it was this: the obstacles slowing our industry’s infrastructure deployment are no mystery, and the solutions are bipartisan and achievable. PCCA members met with dozens of U.S. Senate and House offices from both parties to deliver PCCA’s message directly to the lawmakers and staff shaping permit modernization legislation and other PCCA policy priorities like broadband infrastructure funding, safety, workforce development, and labor and employment reform. Third-Party Litigation Funding: What Contractors Need to Know 14 By Alexandra Underwood, Esq. & Billy Nelson, Esq. Litigation finance is a multibillion-dollar industry, one that significantly increases the litigation exposure contractors face. Third-party litigation funding allows outside investors to finance lawsuits in exchange for a share of any recovery, turning litigation into an asset class where returns are often driven by nuclear verdicts. For contractors, this trend means a higher likelihood of prolonged disputes, rising defense costs, and verdicts that may exceed insurance coverage. This article outlines what TPLF is, why it matters to contractors, and steps you can take to reduce its impact. Human Resources | By Greg Guidry 12 Addressing Systemic Inefficiencies in the Damage Prevention Process 17 Mandatory Damage Reporting in Pennsylvania Helps Reduce Damages 19 Power News 23 Broadband News 26 News Briefs 30 PCCA Member News 37 Advertiser Index 46 New PCCA Members 46 Industry Calendar 46

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PCCA Journal|1st Quarter 2026 7 If there was one theme that carried through PCCA’s 2026 Washington, D.C. Fly-In, February 4-6, it was this: the obstacles slowing our industry’s infrastructure deployment are no mystery, and the solutions are bipartisan and achievable. The three-day event kicked off with a welcome reception, dinner, and keynote remarks on the importance of Congress passing permitting modernization legislation by House Natural Resources Committee Chair Bruce Westerman (R-Ark.). Westerman spoke about PCCA-supported permit reform legislation passed by the U.S. House in 2025 and currently awaiting Senate action, including a bill drafted by Westerman called the Standardizing Permitting and Expediting Economic Development (SPEED) Act (H.R. 4776). Westerman reminded the audience that permit reform legislation has been stalled in the Senate primarily due to ongoing disputes between the Trump administration and Senators Sheldon Whitehouse (D-R.I.) and Martin Heinrich (D-N. Mex.), respective ranking Democrats on the Senate Environment and Public Works Committee (EPW) and the Senate Energy and Natural Resources Committee, over the Trump administration’s opposition to wind and renewable energy projects important to their caucus and constituents. Key U.S. Senate committees like the EPW committee held hearings last month on permit reform legislation aimed at building goodwill and ending the impasse, and they appear poised to take additional action in 2026. However, the midterm elections will significantly constrain the congressional legislative agenda by the summer, and the chances of the House changing party control remain very possible. In short, Congress needs to pass permit reform legislation by May, and the time for the Senate to act was yesterday. Westerman urged the audience to tell the Senate to put aside partisan differences and pass permitting reform legislation immediately for the greater good of all Americans. PCCA Members Meet with Congress On February 5, PCCA members attended a policy briefing breakfast organized by the PCCA government affairs team and then met with dozens of U.S. Senate and House offices from both parties to deliver PCCA’s message directly to the lawmakers and staff shaping permit modernization legislation and other PCCA policy priorities like broadband infrastructure funding, safety, workforce development, and labor and employment reform. Organized into regional delegations, PCCA members from across the country sat down with Senate and House offices Continued on page 8 Inside Washington Jaime Steve Government Affairs Solutions jsteve@gasolutions.net (202) 841-5493 PCCA Promotes 2026 Federal Policy Priorities at D.C. Fly-In Ben Brubeck Government Affairs Solutions bbrubeck@gasolutions.net (703) 472-7850

PCCA Journal|1st Quarter 2026 8 Inside Washington Continued from page 7 and committees where policy decisions directly affect our industry. Broadband Infrastructure Funding Broadband construction funded through the Department of Commerce’s BEAD program dominated nearly every discussion. Members advocated for support for the SUCCESS for BEAD Act (H.R. 6920/S. 3565) and other policy solutions ensuring that funds saved through the Trump administration’s “benefit of the bargain” reforms remain accessible to state broadband offices to support the deployment of broadband infrastructure. The reforms were spearheaded by Commerce Secretary Howard Lutnick and the National Telecommunications and Information Administration (NTIA). Senate offices heard from PCCA members that deployment of saved BEAD funding could successfully move projects from planning to construction, if done thoughtfully. PCCA members discussed the desire for the NTIA and BEAD program funding to streamline project permitting, increase the number of government employees responsible for permit reviews and approval, and improve mapping and locating of underground utilities affected by the increase in broadband projects and other investments in infrastructure. Underground Damage Prevention Likewise, PCCA members advocated for passage of the bipartisan PIPES Act of 2025 (H.R. 5301), which the House Transportation and Infrastructure Committee passed last year and is awaiting House Energy and Commerce Committee Chairman Brett Guthrie (R-Ky.) to move the bill out of committee and onto the House floor. They also promoted a similar bill that passed out of the Senate Commerce, Science, and Transportation Committee, chaired by Sen. Ted Cruz (R-Texas), the PIPELINE Safety Act of 2025 (S. 2975), that awaits a full Senate floor vote. PCCA supports both measures because of strong damage prevention language in Section 18 and Section 221 of the respective bills, although PCCA prefers the language in the House bill. A conference committee will resolve differences in bill language if both chambers pass these industry-supported measures this year. In his welcome keynote speech at the fly-in, House Natural Resources Committee Chair Bruce Westerman (R-Ark.) highlights his committee’s work on permit reform that culminated in the House passing the bipartisan Standardizing Permitting and Expediting Economic Development (SPEED) Act (H.R. 4776). Billy Vincent, ElectriCom, discusses maintaining state access to non-deployed BEAD funds with staff from Sen. Todd Young’s office (R-Ind.). Group 1 also included John Fluharty, Troy Construction; Dan O’Connell Posi-Plus; James Johnston, ElectriCom; Craig Amerine, Amerine Utilities Construction; Rex Schick, Fiber Conduit Solutions; Tom Fredericks, American Polywater Corporation; and Jim Radous, Condux International).

PCCA Journal|1st Quarter 2026 9 In meetings with PCCA, House Transportation and Infrastructure and Senate Commerce committee staff acknowledged an openness to having the PIPES Act added to a must-pass surface transportation reauthorization bill, if needed. PCCA’s government affairs team expects these committees to reveal the text of the surface transportation bill later in February. Workforce Development PCCA members addressed another issue with strong bipartisan support: the need for government funding and promotion of workforce development programs aimed at creating 350,000 net new skilled construction workers to meet industry demand in 2026. Participants highlighted PCCA-supported workforce development provisions in the budget reconciliation bill signed into law in July, known as the One Big Beautiful Bill Act and later rebranded the Working Families Tax Plan. The law expands the ability of 529 educational savings accounts to cover the costs of workforce development program tuition and materials. It also expands Workforce Pell to include short-term workforce training programs like apprenticeship and career and technical education programs affiliated with higher education institutions. An ongoing rulemaking on Workforce Pell will determine its usefulness for the power and communication contracting industry. On January 19, the House Appropriations Committee released the Labor, HHS, Education, and Related Agencies appropriations bill as part of the minibus that Congress eventually passed on February 3 to end the brief partial government shutdown. Notably, the bill provides a total of $13.7 billion for the U.S. Department of Labor, including $10.4 billion for the DOL’s Employment and Training Administration, which oversees workforce development programs like apprenticeship. Of this ETA funding, $2.9 billion is slated for Workforce Opportunity and Innovation Act State Grants and $285 million to expand registered apprenticeships (equal to the 2025 funding level). In addition, the bill provides a total of $79 billion for the U.S. Department of Education, including $2.2 billion for Career, Technical and Adult Education. Of this funding, there is $1.5 billion for Career and Technical Education (equal to the 2025 funding level) and $729 million for Adult Education. In addition to recently announced grants from the Labor and Education departments, government funding for workforce development, apprenticeship, and career and technical education is set to benefit PCCA contractors and industry partners. While this is a win in the current budget climate, policymakers need to make improvements to maximize funding efficiency and program usefulness for employers, workers, and providers to properly meet the industry’s skilled workforce shortage. Labor and Employment Reform Discussions concerning labor and employment policy proved more nuanced. PCCA meetings with Senate Health, Education, Labor, and Pensions (HELP) Committee members underContinued on page 10 PCCA Chair-Elect Craig Amerine, Amerine Utilities Construction, reports on his group’s congressional visits. Jeff Seidl, Elexco, Inc., talks permit reform with staff from Sen. Tim Scott’s (R-S.C.) office. Daryl Bouwkamp, Vermeer, led group 3, which also included Jake Jeffords, Vermeer; Sam Stephens, Tjader & Highstrom; Chase Lapcinski, Push, Inc.; Ryan Mountin Midwest Fiber Solutions; Chris Parrack, Sterling Site Access Solutions; and Steve Frey, Teel Plastics.

PCCA Journal|1st Quarter 2026 10 Inside Washington Continued from page 9 scored the growing divide in Washington over labor policy, with a handful of Republican lawmakers pushing pro-union policies that might reshape decades of labor and employment precedent and reliable party constituencies. PCCA members did not shy away from those hard conversations. They explained why legislation like the PRO Act and policies promoting government-mandated project labor agreements (PLAs) hurt workers, reduce competition, raise costs, and shrink the pool of qualified contractors, especially for small and mid-sized firms. Support for the Fair and Open Competition Act (H.R. 2126/S.1064) emerged as a clear litmus test for lawmakers who say they value robust competition as PCCA members pushed back against controversial Trump and Biden administration policies promoting PLAs on federal and federally assisted construction projects. In addition, with a quorum restored following the December Senate confirmation of National Labor Relations Board (NLRB) members James Murphy and Scott Mayer, PCCA urged Senate offices and the Trump administration to promptly nominate and confirm an additional Board member to ensure balanced decision-making and regulatory stability governing thorny labor and employment issues. House Leadership and Closing Dinner PCCA’s day on Capitol Hill continued with a meeting with the coalitions director for the House Majority Whip Tom Emmer (R-Minn.), reinforcing PCCA’s presence not just with committee and congressional offices, but with House leadership. As noted by PCCA leaders at the closing PCCA reception and dinner at the Capitol Hill Club, that visibility matters as the fate of PCCA policy priorities continues to evolve behind the scenes. Likewise, constituent voices matter, and lawmakers are more receptive when hearing directly from contractors and suppliers who live with the consequences of federal policy, whether it is a stalled broadband project, a labor-shortage for an energy project, or a workplace squeezed by regulatory uncertainty. PCCA Meets with NTIA Leadership On Friday, select PCCA members met with leaders from the Department of Commerce’s NTIA and echoed many of the same solutions communicated to Congress about safety, permit reform, and workforce development that can be funded by BEAD program savings to ensure effective deployment of broadband infrastructure money. NTIA staff were particularly interested in developing ideas to support mapping of underground infrastructure and improving locates to enhance safety. PCCA Advocacy Will Continue The takeaway from this year’s PCCA fly-in is straightforward. Washington policymakers are still debating whether to reform permitting, how to fix BEAD, and what labor policy should look like, and the window for influence remains open, for now. PCCA’s job is to keep showing up, telling our industry’s story, and reminding lawmakers that infrastructure does not get built in hearing rooms—it gets built in the field. And that message, delivered consistently, is starting to stick. PCCA members are encouraged to review our association’s policy priorities at www.pccaweb.org/fly-in and to contact PCCA’s government affairs team to schedule additional virtual meetings with your Senate and House lawmakers, staff, and committees that we could not fit into our busy fly-in. Members should also consider hosting policymakers at BEAD-funded jobsites later this year and participating in the upcoming midterm elections. PCCA 2nd Vice Chair Chase Lapcinski, Push, Inc., recaps his group’s Capitol Hill visits during the closing reception. Matt Fredericks, Champion Fiberglass, briefs attendees on the day’s meetings.

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PCCA Journal|1st Quarter 2026 12 Employment arbitration agreements provide employers and employees with a fair and efficient way to resolve disputes outside of costly court litigation. The legal requirements and best practices surrounding employment arbitration constantly develop. Heading into 2026, construction employers who use employment arbitration agreements or are considering adopting such agreements should take note of emerging issues and trends. The Federal Arbitration Act (FAA) promotes the use of arbitration agreements, preempts state anti-arbitration laws, and requires federal and state courts to place arbitration agreements on the same footing as other contracts. Several issues and trends—from the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA) to plaintiffs’ attorneys’ contesting the enforceability of arbitration agreements—affect best practices for enforceable employment arbitration agreements. Plaintiffs’ counsel continue to search for new ways to challenge the enforceability of arbitration agreements and class action waivers. In some states, like California, plaintiffs’ counsel have focused in particular on arguing that mandatory employment arbitration agreements are allegedly unconscionable for various reasons. Sometimes courts have agreed and refused to enforce these agreements. Enforceability of Arbitration Agreements Employers may want to ensure that their agreements are clear, conscionable, and easily understood. Typical due process protections in arbitration agreements include not requiring employees to pay fees and costs unique to arbitration (such as arbitrators’ fees), allowing for all substantive remedies, providing parties with sufficient access to discovery, and requiring written arbitration awards. The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFFA) is a federal law signed on March 4, 2022, that amended the FAA to limit employers’ ability to enforce mandatory predispute arbitration agreements for disputes involving sexual harassment or sexual assault. While the EFAA applies to specific claims, there is a question whether employers can compel arbitration for an employee’s other non-sexual harassment or non-sexual assault claims brought in the same dispute. Some courts interpreted the EFAA as requiring that sexual assault or sexual harassment claims be split and litigated while the remaining claims are sent to arbitration. Other courts have come to the opposite conclusion, reasoning that the EFAA applies to a whole “case,” meaning all an employee’s claims brought in the same suit. This interpretation allows employees to prevent the enforcement of otherwise valid arbitration agreements. Employers may want to review their agreements to determine whether they can be modified to mitigate the risk that entire “cases” will be barred from arbitration if they include a sexual harassment or sexual assault dispute. Covered Claims Employment arbitration agreements typically apply to all claims related to employment with the employer, including those arising from the application process and termination of employment. Some notable exceptions include workers’ compensation benefits, unemployment benefits, benefits under a collective bargaining agreement that provides its own method for dispute resolution, and claims filed with a federal, state, or local administrative agency such as the U.S. Equal Employment Opportunity Commission or the National Labor Relations Board. Human Resources Greg Guidry Ogletree Deakins Nash Smoak & Stewart greg.guidry@ogletree.com (337) 769-6583 Emerging Trends in Employment Arbitration in 2026: What Construction Employers Need to Know

PCCA Journal|1st Quarter 2026 13 With over 25,000 mini courses completed to date, Dura-Line Academy has trained network owners, designers, distributors, engineers, and installers worldwide. Don’t believe us? Take 15 minutes to complete one of our mini courses below to see for yourself. 5,000 PEERS CAN’T BE WRONG. OF YOUR Conduit Fill Ratio Plumettaz: Intro to Jetting Corning: Understanding Fiber Density OR create a free account at www.duraline.com/academy Dura-Line Academy is a proud BICSI Continuing Education Credit provider. However, federal legislation is regularly proposed that would exempt more types of disputes from the FAA or expand existing carveouts along the lines of 2022’s EFAA. For example, the Forced Arbitration Injustice Repeal (FAIR) Act (S 2799), proposed in September 2025, would “prohibit predispute arbitration agreements that force arbitration of future employment, consumer, antitrust, or civil rights disputes” and predispute class action waivers. At this time, the likelihood of such federal legislation passing appears low, but employers should continue to monitor legislative developments. Interstate Transportation Worker Exemption While the FAA provides that most employment arbitration agreements are valid and enforceable, the FAA excludes “seamen, railroad employees, or any other class of workers engaged in foreign or interstate commerce” from the FAA. This is known as the “transportation worker” exemption. This exemption means that arbitration agreements with covered transportation workers are not covered by the FAA. Arbitration agreements with transportation workers are thus subject to state law, which, depending on the jurisdiction, may limit or bar employment arbitration agreements or class actions waivers. In recent years, employees have increasingly sought to avoid the FAA and challenge the enforceability of their arbitration agreements and class action waivers under state law by arguing they are transportation workers exempted from the FAA. The U.S. Supreme Court continues to clarify the meaning of the FAA’s “transportation worker” exemption. In recent cases, the Court has rejected an industrywide approach and held that the inquiry focuses on whether, based on the worker’s job duties, the worker is “actively engaged in transportation of those goods across borders via the channels of foreign or interstate commerce.” The Court is currently considering a case asking whether local delivery drivers who do not deliver goods across state lines are covered by the FAA’s transportation-worker exemption. Employment arbitration, which provides a fair and efficient manner to resolve employment disputes, continues to face challenges from plaintiffs’ attorneys and potential new regulation. Employers can avoid pitfalls by staying informed on the latest issues and carefully crafting and regularly evaluating and updating their arbitration agreements to maintain their effectiveness and enforceability.

PCCA Journal|1st Quarter 2026 14 Risk Management Litigation finance is no longer a niche concept; it’s a multibillion-dollar industry, one that significantly increases the litigation exposure contractors face. Third-party litigation funding (TPLF) allows outside investors to finance lawsuits in exchange for a share of any recovery, turning litigation into an asset class where returns are often driven by nuclear verdicts (extraordinary jury awards). The scale of this market is significant: U.S. litigation funding investments are projected to reach $18.9 billion in 2025 and exceed $67 billion annually by 2037.1 For contractors, this trend means a higher likelihood of prolonged disputes, rising defense costs, and verdicts that may exceed insurance coverage. In this article, we outline what TPLF is, why it matters to contractors, and steps you can take to reduce its impact. What is TPLF? At its core, TPLF is straightforward: a third-party funds a plaintiff’s or law firm’s litigation costs in exchange for a share of any recovery. If the case fails, the plaintiff owes nothing. By removing financial pressure to settle, TPLF enables plaintiffs and their attorneys to reject reasonable offers and push cases to trial. Although often marketed as a tool to expand access to justice for low-income plaintiffs, its broader impact on businesses and the court system is less positive. TPLF transforms individual lawsuits into financial assets within large litigation portfolios, sometimes worth hundreds of millions of dollars. By spreading risk across multiple cases, fund managers can absorb losses while maintaining liquidity to pursue nuclear verdicts, which disproportionately drive portfolio returns. How does TPLF impact contractors? Most contractors can manage routine claims within their insurance limits. But a single nuclear verdict can pierce those limits, exposing company assets directly and threatening the company’s survival. By incentivizing plaintiffs to reject reasonable settlements and push cases to trial, TPLF amplifies the risk of prolonged litigation and excessive jury awards. The result is heightened exposure to catastrophic uninsured losses. For example, consider this hypothetical. A construction company vehicle strikes and seriously injures a pedestrian while traveling between jobsites. Ordinarily, such a claim might settle for somewhere in the range of $250,000. With TPLF, however, the case goes to trial, creating exposure to a jury verdict that could exceed auto and excess liability limits. Beyond creating the risk of a nuclear verdict, failure to secure a reasonable settlement disrupts company operations, absorbing time, energy, and resources that should be devoted to core business and redirecting them to discovery, deposition and trial preparation, and stress over the litigation’s outcome. What is the impact of TPLF on civil litigation and insurance? TPLF does more than increase litigation exposure for individual contractors; it tends to undermine the civil justice system itself by amplifying existing weaknesses. First, TPLF affects professional ethics, particularly around confidentiality. Fund managers owe fiduciary duties to investors, not plaintiffs, which can create indirect pressure on attorneys to prioritize investor returns over client interests. For example, attorneys could reject reasonable settlement offers in pursuit of a nuclear verdict. Likewise, sharing case details with funders may compromise attorney-client privilege, and courts have been inconsistent in ruling whether TPLF agreements and related communications qualify as protected work product.2 Second, widespread use of TPLF raises legitimate national security concerns. Sovereign wealth funds and other foreignbacked entities can exploit TPLF to exacerbate judicial gridlock, manipulate litigation outcomes for political purposes, and potentially access sensitive national-security information or steal intellectual property through discovery.3 Finally, by incentivizing plaintiffs to reject reasonable settlements and pursue jury trials, TPLF adds to the congestion of an already overburdened civil court system.4 What are the efforts to regulate TPLF? Despite its rapid growth and adverse effects on both the business environment and the civil justice system, there is still no consistent legal or regulatory framework governing TPLF. That said, several states have enacted TPLF disclosure laws, including Georgia, Indiana, Kansas, Louisiana, Montana, West Virginia, and Wisconsin. Likewise in Texas, a bill was introduced in the most recent legislative session that Third-Party Litigation Funding: What Contractors Need to Know By Alexandra Underwood, Esq. & Billy Nelson, Esq.

PCCA Journal|1st Quarter 2026 15 would mandate disclosure of TPLF agreements in civil actions.5 This shows a growing trend within state legislatures toward greater transparency and oversight over TPLF. At the federal level, two bills have been introduced to provide a multistate solution. H.R. 1109 would require disclosure of any party receiving payments in federal cases, including litigation funders.6 H.R. 2675 targets foreign-backed funding and would restrict participation by foreign states and sovereign wealth funds.7 How should contractors respond to TPLF? Until a uniform, multi-jurisdictional legal framework is in place, contractors should consider these practical steps: 1. Review contracts and strengthen indemnity and defense provisions to address the heightened risk landscape. 2. Plan for extended litigation timelines and anticipate higher settlement demands. 3. Engage claims advocates, insurers, and defense counsel early in the claims process to develop strategies that account for TPLF. 4. Support transparency-focused legislation, such as H.R. 1109 and H.R. 2675, which aim to increase visibility and impose limits on TPLF.8 Alexandra Underwood, Esq., Billy Nelson, Esq., are with EPIC Insurance Brokers & Consultants. EPIC is an innovative retail risk management and employee benefits insurance brokerage and consulting firm, founded in San Francisco, Calif., in 2007 with offices and leadership across the country. The firm has a depth of industry expertise across key lines of insurance, including risk management, property and casualty, employee benefits, unique specialty program insurance, and private client services. Learn more at epicbrokers.com. Notes 1. Erica B. Zolner et al., Beneath the Surface: A Deeper Dive into Third-Party Litigation Funding, Wash. Legal Found. (Aug. 4, 2025), https://www.wlf.org/2025/08/04/ publishing/beneath-the-surface-a-deeper-dive-into-third-party-litigationfunding/. 2. Mark A. Behrens, Third-Party Litigation Funding: A Call for Disclosure and Other Reforms to Address the Stealthy Financial Product That Is Transforming the Civil Justice System, 34 Cornell J.L. & Pub. Pol’y 1, 6–17 (2025), https://community. lawschool.cornell.edu/wp-content/uploads/2025/03/Behens-final.pdf. 3. Id. 4. Id. 5. Tex. S.B. 3025, 89th Leg., R.S. (2025) (introduced version), available at https:// capitol.texas.gov/tlodocs/89R/billtext/html/SB03025I.htm. 6. H.R. 1109, 119th Cong. (2025), https://www.congress.gov/bill/119th-congress/ house-bill/1109/text. 7. H.R. 2675, 119th Cong. (2025), https://www.congress.gov/bill/119th-congress/ house-bill/2675/text. 8. For a more comprehensive update on tort reform generally, see Alex Underwood, Insurance and Contract Update (June 2025). THE RIGHT TRUCKS, RIGHT NOW United Rentals offers a comprehensive fleet of insulated non-insulated bucket trucks built to meet the demanding needs of utility, electrical, and infrastructure contractors nationwide. Designed for safe, efficient overhead work, these trucks are ideal for power line maintenance, telecom installation, lighting, signage, and other elevated applications. With insulated over center and non-over center booms, working heights from 40ft to 105ft, and material-handling capabilities, these units provide both reach and flexibility. Every bucket truck is telematics and Total Control® enabled, giving customers real-time visibility into asset location, utilization, and performance to help keep projects on time and on budget. United Rentals also manages all required inspections, preventive maintenance, and dielectric testing to help reduce downtime and maintain safety compliance. Above all, safety is at the core of everything we do. From our equipment design to our on-site support, United Rentals prioritizes the protection of crews and customers at every jobsite. As the largest equipment rental provider in North America, we offer unmatched scale, standardization, and service to keep your operation moving. Call 800.UR.RENTS or visit UnitedRentals.com PROUD PARTNER OF PCCA

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PCCA Journal|1st Quarter 2026 17 The nation’s 811 system is designed to prevent damage to underground utility lines, but failures in the system nationwide are leading to some $61 billion annually in waste and excess costs and are creating unnecessary public safety hazards. These issues are particularly notable in states where implementation and accountability are weakest, according to a recently released independent review “811 Emergency.” The review, commissioned by the Infrastructure Protection Coalition (IPC, www.ipcweb.org), brings attention to the significant costs of inefficiency within the system. The IPC is a group of associations representing broadband, electric, natural gas, oil, sewer, transportation, and water industries who design, construct, maintain, or locate these underground systems with both union and non-union workforces. These are regular users and stakeholders who rely on the 811 system to operate safely, effectively, and efficiently. The primary reasons for the waste and cost overruns found in this study include: • Utilities and third-party locators needlessly dispatched to locate lines for construction projects that ultimately do not occur, • Inadequate instructions provided to locators, causing wasted time or additional work, • Destruction of location marks by construction, requiring reinstallation, and • Contractor wait time when location efforts exceed the legal notice period. These costs amount to approximately $61 billion in waste, inefficiency, and excess cost annually that are embedded in the system and largely invisible. The Damage Prevention Institute (DPI), part of the Common Ground Alliance (CGA), is also identifying challenges and collecting data to address systemic challenges in the damage prevention process. DPI’s mission is to address inefficiencies in the damage prevention process through a system of comprehensive participant accreditation and metrics, creating the foundation for a consolidated benchmarking and true peer review process. The value of the DPI extends beyond individual organizational performance documentation. By enabling comparisons to industry benchmarks and facilitating analysis of behaviors that lead to different damage prevention outcomes, the DPI fosters a culture of continuous improvement. Achieving reductions in damages requires individual organizations to be accountable for their shared responsibilities. DPI creates healthy competition regarding improved safety, while peer reviews empower participants to enhance their performance with the support of others in the industry who face the same challenges. As CGA continues to drive the damage prevention industry data collection, standardization, and analysis, the DPI plays a crucial role in creating an environment of shared accountability for all stakeholders. DPI’s purpose is to deliver additional insights into the systemic behaviors that lead to improved safety outcomes in damage prevention. Reporting requirements for DPI participants are established through a collaborative process involving the DPI Metrics Committee, the DPI Advisory Committee, and the CGA Board of Directors. Monthly reporting of damages into DIRT is mandatory for DPI participants. The rigorous reporting schedule Addressing Systemic Inefficiencies in the Damage Prevention Process Continued on page 18 811 Infrastructure Protection Coalition • www.ipcweb.org $61 Billion Lost to Waste, Inefficiency in System to Protect Underground Utilities EMERGENCY National Report

PCCA Journal|1st Quarter 2026 18 is designed to enhance their ability to react more quickly to damage data trends. DPI-eligible stakeholders include excavators, locators, design and engineering firms, and facility owner/operators, each playing a vital role in the damage prevention ecosystem. DPI focuses on evaluating three specific metrics to ensure they are meaningful and support improvement across the industry. The three focus areas are excavators, locators, and asset/facility owners and operators. 1. Excavator metrics a. Damages/10,000 work hours (calculated the same as work hours for Total Recordable Incident Rate, TRIR) 2. Locator metrics a. On-time tickets/total number of tickets b. Damages caused by locating issue/1,000 locate tickets received 3. Facility owner/operator metrics a. Damages caused by mapping errors/1,000 locate tickets received b. Projects completed/# of mapping records updates to records department c. Trouble locate tickets/locate tickets received The DPI provides a confidential peer review model aimed at fostering collaboration and knowledge-sharing within the industry. Participants share key successes and challenges in reducing dig-ins to buried infrastructure and collaborate on industry benchmarking and systemic improvements. Since the inception of DPI in April 2022 and formal launch in January 2023, DPI builds on CGA’s Best Practices and Next Practices to set standards for collaboration and performance improvement. By utilizing a stakeholder-centered approach to develop performance metrics, DPI reflects commitment to Best Practices and dedication to improving the reliability of the U.S. damage prevention system for everyone involved. As DPI and CGA continue to evolve, their efforts complement the efforts of the Infrastructure Protection Coalition. Their combined efforts will improve the 811 system metrics used to prevent damage to underground utility lines and ultimately reduce waste, excess costs, and public safety hazards. Support for these initiatives offers a practical path toward a safer and more efficient utility landscape. Damage Prevention Continued from page 17 Customizable More Compact Best Price on the Market 9030 64th Street NW Annandale, MN 55302 (320) 274-7223 SALES@FS3INC.BIZ WWW.FS3INC.BIZ There is nothing more reassuring than being fully prepared on the job site. With FS3's compact EV3-Kit, you will have everything you need while locating to quickly and accurately mark and record buried fiber optic cables, electrical lines and other utilities before starting your project. Should any damages occur you'll have the correct documentation to CYA, minimizing liability and ensuring peace of mind. Don't take a hit, Get the EV-Kit Compacts to 13"x10"x2" EV3-Kit CYA with the EVK! Take photos before you dig!

PCCA Journal|1st Quarter 2026 19 The Pennsylvania One Call Law, also known as the Underground Utility Line Protection Law, is a cornerstone of excavation safety throughout the state. It requires excavators and designers to notify utility operators before digging, ensuring that underground utilities are marked and protected from accidental damage. The law has been refined and updated at least 10 times in the last 20+ years. One of these updates, Senate Bill 242, was signed into law in 2018, bringing forth sweeping reforms to the One Call Law with the aim of improving safety, accountability, and efficiency. One major change was a mandatory reporting requirement of all damages by all parties involved in an excavation. Previously, most damage reporting occurred through the asset or facility owner or the locator working on behalf of the owner. This reporting requirement has dramatically increased the reporting on each incident, allowed for more accurate root cause analysis, and changed the perception of what contributes to damages. CHALLENGE: Mandatory Damage Reporting Historically, many states do not require mandatory damage reporting by all parties involved in an excavation. In states without the requirement, the information describing the damage and its root cause is dominated by asset/facility owners or locators working on the owners’ behalf. This dynamic has indicated that the root cause of damage was primarily with excavator/excavation noncompliance or poor performance. In the absence of more regular and detailed reporting around any damage, primarily from the excavator’s perspective, there is less comprehensive reporting, inaccurate root cause analysis, and less understanding of how the damage occurred. SOLUTION: PA One Call Legislative Reform Senate Bill 242 (SB 242) was signed into law in 2018, bringing forth sweeping reforms to the state’s One Call Law with the aim of improving safety, accountability, and efficiency. Changes to the law aim to improve transparency and oversight through enhanced recordkeeping and reporting. The law requires: Case Study: Mandatory Damage Reporting in Pennsylvania Helps Reduce Damages to Utility Assets Continued on page 20

PCCA Journal|1st Quarter 2026 20 • Detailed recordkeeping of notifications, responses, and excavation activities, • Mandatory reporting of incidents and damages to the Pennsylvania Public Utility Commission (PAPUC), and • Annual reporting on enforcement activities, violations, and trends. With the new law, enforcement authority was transferred from was the Pennsylvania Department of Labor and Industry to the PAPUC, which is consistent with the current regulatory obligations assigned to the commission. The PAPUC has oversight over many underground facilities of utilities operating in Pennsylvania and conducts safety inspections of underground lines. The PAPUC is dedicated to reducing the number of annual line hits, thereby reducing damage to utility facilities that can result in property damage and injuries. The mandatory reporting requirement enables the PAPUC to provide consistent enforcement and apply a tiered penalty structure, with higher fines for repeat or egregious violations. First-time offenses result in warnings or moderate fines, but repeated or willful disregard for the law can incur substantial penalties. PAPUC enforcement actions are possible through the additional data and perspectives obtained via the mandatory reporting requirement. These measures serve as deterrents and emphasize the seriousness of compliance. RESULTS: Increased Damage Reporting and Decreased Damages Per Ticket Volume The mandatory reporting requirement has yielded balanced reporting among owners, locators, and excavators and has helped the PAPUC provide consistent enforcement. Required reporting has also yielded results indicating that the root cause of damage existed primarily (more than 50% of the instances) with owner or locator participation/compliance, map accuracy, locator performance, or marking accuracy. Since SB 242 was signed into law in 2018, ticket volume has increased approximately 8 percent, while the damage rate has remained steady below 0.8 precent. (See exhibit on page XX). Conclusion The “811 Emergency” study published by the Infrastructure Protection Coalition (IPC) highlighted $61 billion annually throughout the country in waste and excess costs embedded within the underground utility locate process. The report identified 13 recommendations designed to dramatically reduce the waste and excess costs, including Recommendation 2 - Mandatory Damage Reporting. The IPC recommendation aligns with both the mandatory reporting requirement in SB 242 and the process followed by the PAPUC for enforcement. Refinements to the dig law accomplished the following: • Dramatically increased the consistent reporting on each incident, • Streamlined the damage reporting process via electronic reporting, • Allowed for more accurate root cause analysis, and • Changed the perception on what contributes to damage. All states should follow Pennsylvania’s example of mandatory damage reporting to facilitate increased reporting on each incident, more accurate root cause analysis, and a more accurate perception of what contributes to damage. The Infrastructure Protection Coalition is a coalition of industry groups who represent regular users and stakeholders in the 811 system and want to see it run safely and efficiently. Members include the American Pipeline Contractors Association, Distribution Contractors Association, National Utility Contractors Association, Nulca – representing utility locating professionals, and Power & Communications Contractors Association. Pennsylvania Case Study Continued from page 19 Cleaners for Every Project • Fiber Optic Cables • Hand and Tool • Insulated Rubber Goods • Live Line Tool www.polywater.com 800-328-9384 651-430-2270

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PCCA Journal|1st Quarter 2026 23 POWER NEWS House Passes Legislation to Strengthen Grid, Lower Electricity Prices House Republicans celebrated the passage of three bills advanced by the Committee on Energy and Commerce that if enacted, would make grid more reliable, lower energy costs for hard-working families, and get America back to building infrastructure. The Electric Supply Chain Act (H.R. 3638), introduced by Rep. Bob Latta (ROhio), would direct the Department of Energy to conduct periodic assessments of supply chain constraints or vulnerabilities that could impact the bulk power system. As our nation’s electric system is under strain from premature retirements of baseload power and historic demand increases from manufacturing and technology, Latta’s legislation would ensure our federal government and policymakers are equipped with the necessary tools to protect the affordability and reliability of the bulk power system. “Energy security is national security, and this bill brings us one step closer to unleashing American energy dominance,” Latta said. “The Electric Supply Chain Act will strengthen the reliability of our electric grid, secure our electric grid supply chains, and ensure we can power the artificial intelligence data centers of the future. Together, these efforts reinforce American-led energy production and security across the board. I’m grateful to my House colleagues for supporting this bill, and I urge the Senate to act on this critical legislation.” The Improving Interagency Coordination for Pipeline Reviews Act was introduced by House Communications and Technology Subcommittee Chair Richard Hudson (R-N.C.). Under current law, the Federal Energy Regulatory Commission (FERC) is designated as the lead agency for coordinating necessary environmental reviews and associated federal authorizations for interstate natural gas pipelines. In 2026, the U.S. Energy Information Administration expects natural gas demand to reach an all-time high. But unfortunately, pipeline infrastructure approvals are often delayed due to a lack of coordination among states and other federal agencies involved in the process. This legislation would modernize the federal permitting process for interstate natural gas pipelines by escalating FERC’s role as the lead agency for environmental reviews and coordinator of Clean Water Act Section 401 water quality reviews. This legislation could help lower energy costs, provide natural gas to power our economy, and strengthen our nation’s energy security. H.R. 3628, the State Planning for Reliability and Affordability Act, introduced by Rep. Gabe Evans (R-Colo.), would provide essential information about our bulk power system, modernize the federal permitting process to expand our natural gas pipeline capacity, and ensure states prioritize the baseload power needed to keep the lights on. This legislation would require state Public Utility Commissions to consider requirements for utilities to have sufficient generation from reliable and dispatchable energy sources, such as natural gas, nuclear, coal, and hydropower, over a 10-year period. Continued on page 24 In mid-January, Energy Secretary Chris Wright and Interior Secretary Doug Burgum, vice-chair and chair of the National Energy Dominance Council (NEDC), respectively, joined Mid-Atlantic governors urging PJM Interconnection (PJM) to temporarily overhaul its market rules to strengthen grid reliability and reduce electricity costs for American families and businesses by building more than $15 billion of reliable baseload power generation. The initiative calls on PJM to conduct an emergency procurement auction to address escalating electricity prices and growing reliability risks across the mid-Atlantic region. The action follows a series of PJM policies over the years that have weakened the electric grid, including the premature shutdown of reliable power generation. President Trump declared a National Energy Emergency on his first day in office, warning that the previous administration’s energy subtraction agenda left the country vulnerable to blackouts and soaring electricity prices. During the Biden administration, PJM forced nearly 17 gigawatts of reliable baseload power generation offline. For the first time in hisTrump Administration Works to Improve Grid Reliability

PCCA Journal|1st Quarter 2026 24 Rapid growth in electricity demand, driven largely by data centers and the digital economy, is intensifying long-term reliability risks across North America’s power grid, according to the North American Electric Reliability Corporation’s (NERC) 2025 Long-Term Reliability Assessment (LTRA). The outlook is not positive but was somewhat expected, as pressures are expected to steadily increase across the bulk power system over the next 10 years. According to the study, NERC reports that summer peak demand is expected to grow by 224 GW, more than a 69 percent increase over the 2024 LTRA forecast, with new data centers for artificial intelligence making up most of the projected increase. Winter demand growth continues to outpace summer demand growth, with 246 GW forecast over the next decade, reflecting changes in electricity use in the digital economy. In total, uncertainty and delays in adding new resources are raising concerns that the industry may not be able to keep pace with the rapidly increasing demand. “As these concerns have grown more acute, more action has been taken by industry and regulators to bolster resources,” Mark Olson, NERC’s manager of Reliability Assessments, said. “Although projected retirements remain high with 105 GW of peak seasonal capacity planned for retirement over the next 10 years, this number has reduced by 10 GW since the previous LTRA. In addition, market mechanisms such as capacity accreditation have been launched, more precisely highlighting the loss-of-load risks posed by a generation mix that has increasing amounts of variable resources. Also, industry is reacting to the changing conditions with growing demand and evolving planning methods that highlight the Power News Continued from page 23 NERC Releases 2025 Long-Term Reliability Assessment tory, PJM’s capacity auction failed to secure enough generation resources to meet basic reliability requirements. If not fixed, it will lead to further rising prices and blackouts. “High electricity prices are a choice,” Wright said. “The Biden administration’s forceful closures of coal and natural gas plants without reliable replacements left the United States in an energy emergency. Perhaps no region in America is more at risk than in PJM. That’s why President Trump asked governors across the Mid-Atlantic to come together and call upon PJM to allow America to build big reliable power plants again. Our directives will restore affordable and reliable electricity so American families thrive and America’s manufacturing industries once again boom.” The direction calls on PJM to: • Provide 15-year revenue certainty for new power plants to accelerate the development of reliable power generation. • Protect ratepayers by limiting the amount existing power plants can be paid in the PJM capacity market. • Make data centers pay more for new generation than residential customers by allocating costs for any new generation procured to data center customers that have not self-procured new capacity or agreed to be curtailable. Their recommendations propose temporary but critical measures to ensure American businesses, especially those in some of the nation’s most manufacturing-intensive regions, have the reliable power they need to operate. The measures will also help keep electricity prices affordable for residential customers, while addressing rising demand from data centers. In the years ahead, America’s industrial resurgence, advanced manufacturing growth, and leadership in the global AI race will require additional reliable, around-the-clock power that runs without interruption.

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