Roadway excavation issues referred to the AG’s Office

July 4, 2007 - Department of Public Works director Taeaotui Punaofo Tilei has forwarded to the Attorney General’s Office his concerns regarding roadway excavation for underground utility repair by the American Samoa Power Authority.

Taeaotui is requesting that the Attorney General take legal action in the matter as according to him, ASPA officials have failed to offer any response or explanation on what the semiautonomous agency plans to do to repair roadway areas that have been excavated by them for the installation or repair of underground utilities, and their impact on the roadway infrastructure.

In his May 16 letter to ASPA CEO Andra Samoa, Taeaotui wrote, “As you recall, this issue has been discussed with you and several ASPA managers numerous times in the past via meetings and correspondences. However, ASPA has not restored roadway excavations properly or satisfactorily.”

According to Taeaotui, Federal Highway Administration territorial representative Pat Phung had expressed disappointment during his last visit in March 2007.

“He especially noted the open trenches on Route 001 due to ASPA work in Gataivai and other areas,” Taeaotui wrote, adding that because of that, Phung was considering withholding funds for the Territorial Highway Program.

“The main thing here is: if you break it, you fix it,” Taeaotui told the Tapuitea in an interview. “ASPA needs to contract McConnell Dowell (the only contractor that can provide asphalt services at this time) to carry out all road repair work needed to fix any area that has been and will be excavated by them for utility purposes.”

Taeaotui informed Samoa that Public Works would take legal action on the issue if ASPA did not address the situation and complete all the work as specified in the letter and accompanying attachments within 20 calendar days from the day they receive his letter.

“All identified work will be at your own cost,” Taeaotui wrote. “This is a course of action that is unfortunate but necessary for the sake of the general public and their trust in us for sound public service.”

Three months later, Taeaotui says he is yet to receive any response from ASPA. Therefore, he had no choice but to refer the matter to the AG’s Office.

Copies of Taeaotui’s letter were forwarded to Governor Togiola Tulafono, Lt. Governor Ipulasi Sunia, ASPA board members, Attorney General Fepulea’i Ripley, and DPW Civil Highway manager Faleosina Voight.