20050209Abeyance Request.pdf

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0101 S. Capitol Boulevard. Suite 1900
Boise, Idaho 83702
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ATTORNEYS AT LAW
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February 9, 2005
MARY S. HOBSON
Direct [phone]
mshobson~stoel.com
VIA HAND DELIVERY
Paul Kjellander
Idaho Public Utilities Commission
472 West Washington Street
PO Box 83720
Boise, ill 83720-0074
Dennis S. Hansen
Idaho Public Utilities Commission
472 West Washington Street
PO Box 83720
Boise, ill 83720-0074
Marsha H. Smith
Idaho Public Utilities Commission
472 West Washington Street
PO Box 83720
Boise, ill 83720-0074
Re:AT &T Corp. et al v. Qwest Corporation-Case No. A TT - T 04-
Dear Commissioners:
On behalf of the AT&T Complainants ("AT&T") and Qwest Corporation ("Qwest"), the
purpose of this letter is to request that the above referenced case be held in abeyance for a period
of approximately two weeks. As you know, the parties have filed cross motions to compel and
Qwest has asked that the Commission set the matter for a pre-hearing conference and to amend
the procedural schedule to require filing of testimony. AT&T and Qwest simply ask that all ofthese matters be set aside for a short time.
The reason for this request is that the parties are engaging in substantive discussions that
could possibly lead to a resolution of the issues currently before the FCC and the three states
(Utah, Washington, and Idaho) in which there are state dockets. The parties anticipate thatOregon
Washington
California
Utah
Boise-181160.l 0029164-00106 Idaho
Paul Kj ellander
Dennis S. Hansen
Marsha H. Smith
Idaho Public Utilities Commission
February 9, 2005
Page 2
within the next two weeks they will be in a position to know whether those discussions are likely
to be fruitful. In the meantime, in the interest of avoiding potentially unnecessary argument and
briefing, we believe it is in the best interest of all parties to temporarily set any further activities
in the case aside.
The parties will jointly report back to you by Friday, February 18 2005. In the event the
current discussions are not fruitful, we will then ask to you set a date shortly thereafter for
argument on Qwest's motion for pre-hearing conference and, if necessary, any of the other
pending motions although the parties report that they are making progress on the discovery
Issues.
We have informed Mr. Stutzman of the Commission Staff of this proposal and he has
stated that he does not believe it is objectionable.
Sincerely,
j!j,h-
Mary obson
Stoel Rives, LLC
y York
Holland & Hart, LLP
Brian M. Josef
Cole, Raywid & Braverman, LLP
Adam Sherr
Qwest
Counsel for AT&T Corp and AT&T
Communications of the Mountain States, Inc.
Counsel for Qwest Corporation
Boise-181160.10029164-00106