20050725final order no 29832.pdf

Office of the Secretary
Service Date
July 25, 2005
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
AT&T CORP., a New York Corporation;
AT&T COMMUNICATIONS OF THE
MOUNTAIN STATES, INC., a Colorado
Corporation
Complainants,
vs.
QWEST CORPORATION, a Colorado
Corporation,
Respondent.
CASE NO. ATT-O4-
ORDER NO. 29832
On August 6, 2004, AT&T Communications of the Mountain States, Inc. (AT&T)
filed a complaint against Qwest Corporation alleging that Qwest had overcharged AT&T for use
of certain conduit facilities in Idaho. Qwest filed an Answer on August 31 , 2004, denying that it
had overcharged AT&T, and asserting that the relevant rates were controlled by contract. The
parties continued discussing their differences, and notified the Commission beginning February
, 2005, that they were engaged in settlement discussions. The parties in that initial letter and in
subsequent letters asked the Commission to hold the case in abeyance while they attempted to
resolve their dispute.
On July 12, 2005, the parties filed a Stipulation and Joint Motion to Dismiss the
Complaint with Prejudice. The Motion states that the parties reached a resolution on all of the
disputed issues, and requested that the Commission accept the settlement as a private dispute and
enter an Order dismissing the complaint.
Commission Rule of Procedure 274 states "the Commission may summarily accept
settlement of an essentially private dispute that has no significant implications for regulatory law
or policy or for other utilities or customers upon the written request of the affected parties.
find that the dispute is essentially a private dispute that has significant implication only for the
two parties. Accordingly, the Commission can summarily accept the private settlement of the
parties in this case and grant their Motion to Dismiss.
ORDER NO. 29832
ORDER
IT IS HEREBY ORDERED that the Commission accepts the Settlement of the
parties as a settlement of a private dispute pursuant to Rule of Procedure 274, and the Motion to
Dismiss the case with prejudice is granted.
THIS IS A FINAL ORDER. Any person interested in this Order may petition for
reconsideration within twenty-one (21) days of the service date of this Order. Within seven (7)
days after any person has petitioned for reconsideration, any other person may cross-petition for
reconsideration. See Idaho Code ~ 61-626.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this oU../LJ.
day of July 2005.
MARSHA H. SMITH, COMMISSIONER
ATTEST:
D. Jewell
mission Secretary
bls/O:ATTT0401 ws2
ORDER NO. 29832