20040510Decision Memo.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KJELLANDER
COMMISSIONER SMITH
CO MMISSI 0 NER HANSEN
COMMISSION SECRETARY
COMMISSION STAFF
LEGAL
FROM:JOHN HAMMOND
DATE:MAY 6, 2004
SUBJECT:OCMC, INc.'S MOTION TO TERMINATE THE COMMISSION'
INVESTIGATION REGARDING PRICE LIST NON-COMPLIANCE AND
THE COMMISSION'S OPERATOR SERVICES AND PAY TELEPHONE
RULE 104.04. CASE NO. GNR-04-
On April 7, 2004, OCMC, Inc. filed a Motion to Terminate the Commission
Investigation and Memorandum in Support. OCMC contends that the Commission should
terminate this investigation because Rule 104.04 cannot be enforced under Idaho Code ~ 62-620.
Second, the Commission should terminate this investigation because there are no outstanding
consumer complaints regarding price list noncompliance. OCMC requested oral argument on its
Motion. In discussions with Staff, counsel for OCMC stated the Company s desire to argue the
Motion before it must pre file direct testimony on June 1 2004. See Order No. 29456.
On April 28, 2004, Staff filed a Response to OCMC's Motion to Terminate the
Commission s Investigation.
COMMISSION DECISION
Does the Commission wish to hold oral argument on aCMe's Motion prior to June
2004?
If not, when does the Commission wish to hold oral argument on this Motion?
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