20030716Clarification or Reconsideration & Declaration.pdf

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Boisec Idaho 83702
main 208.389c9000
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2003 JUL 16 Pt-1 4:
ATTORNEYS AT lAW
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UTIUnES COrJhiSS!ON
www.sloel.com
July 16, 2003
MARY Sc HOBSON
Direct [phone]
mshobson(i!)stoetcom
VIA HAND DELIVERY
Jean D. Jewell, Secretary
Idaho Public Utilities Commission
472 West Washington
Boise, ID 83702-5983
RE:Docket No. QWE-O3-
Dear Ms. Jewell:
Enclosed for filing with this Commission is an original and seven (7) copies of the following:
Qwest Corporation s Petition For Clarification and/or Partial Reconsideration; and
Declaration of Beth Jordan in Support of Qwest Corporation s Petition for Clarification
and/or Partial Reconsideration.
If you have any questions, please contact me. Thank you for your cooperation in this matter.
Very truly yours
:blg
Enclosurescc: Service List
Oregon
Washington
Calirornia
Utah
Boise-I 59536c 1 0029164-00012 Idaho
Mary S. Hobson (ISB #2142)
Stoel Rives LLP
101 South Capitol Boulevard - Suite 1900
Boise, ID 83702
Telephone: [phone]
Facsimile: [phone]
mshobson~stoel.com
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Adam L. Sherr (WSBA #25291)
Qwest
1600 7th Avenue - Room 3206
Seattle, W A 98191
Telephone: (206) 3 '98-2507
Facsimile: [phone]
asherr~qwest.com
Attorneys for Qwest Corporation
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF QWEST
CORPORATION'S PROPOSAL TO PHASE
OUT BoisE AND POCATELLO CUSTOMER
PAYMENT CENTERS
Case. No. QWE-O3-
QWEST CORPORATION'S PETITION FOR'
CLARIFICATION AND/OR PARTIAL
RECONSIDERATION
Qwest Corporation ("Qwest"), by and through its undersigned attorneys, hereby moves
pursuant to Commission Rules of Procedure 325 and 331 for clarification and/or reconsideration
of certain aspects of Order No. 29270 (the "CPC Order ). The Commission served the CPC
Order on June 26, 2003. Pursuant to rule 331 , this motion is timely if filed by July 17 2003.
This petition is supported by the Declaration of Beth Jordan, filed herewith.
INTRODUCTION
On March 12 2003, Qwest filed an application seeking the Commission s approval for
Qwest to phase out its Boise and Pocatello customer payment centers ("CPCs ). On April 9
2003 , the Commission set this matter for modified procedure. Public comments were accepted
QWEST'S PETITION FOR CLARlFICA TION AND/OR PARTIAL RECONSIDERATION - Page 1
Boise-I 5953L1 0029164-00012
by the Commission between April 9, 2003 and May 16, 2003. On June 26 2003, the
Commission entered the CPC Order granting Qwest's application, with certain conditions.
Qwest is grateful to the Commission for granting its application. It brings this petition
not to challenge the Commission s core findings or conditions, but to seek clarification and/or
reconsideration on two of the conditions the Commission set in the CPC Order - specifically,
those conditions concerning the need for payment agent locations ("PALs ) to (a) post whether
there is a fee or service charge for use of their services and to list the types of payment options
available, and (b) accept payments from customers who do not present a copy of their Qwest bill
or notice.
II.RELIEF REQUESTED
Qwest asks the Commission to remove the conditions that Qwest ensure that its Idaho
PALs (a) clearly post whether there is a fee or service charge for use of their services and list the
type of payment options available, and (b) accept payment even when Qwest's customer fails to
present a copyof the Qwest bill or notice.
III.DISCUSSION
Reconsideration is appropriate if the petitioner can demonstrate that the portion of the
order that is the subject of the petition is unreasonable. IDAPA 31.01.01.331.01. As described
below, the conditions discussed in this petition are unworkable, unnecessary and/or potentially
harmful to customers. As such, relief under rule 325 and/or 331 is appropriate.
Posting Fees/Service Charges and Payment Options. PALs are independent
unaffiliated businesses. In many cases, they accept payments for multiple utilities (not just
Qwest). They may have different arrangements with different utilities in terms of fees they
charge and other practices. Posting a sign specifically relating to taking Qwest payments may
conflict with the information they may wish to impart concerning the products and services they
QWEST'S PETITION FOR CLARIFICATION AND/OR PARTIAL RECONSIDERATION - Page 2
Boise-15953L1 0029164-00012
offer to their customers and with the information pertaining to other entities for which they
accept payments. Qwest has no contractual right to require PALs to post a sign consistent with
that condition set out in the CPC Order. Since Qwest cannot realistically enforce this particular
mandate, Qwest asks the Commission to remove it as a condition of approval of Qwest'
application to phase out the CPCs. This requirement may also cause confusion for customers
who are paying bills for other entities who have different arrangements with the PAL.
In addition to this condition being unreasonably difficult to enforce and potentially
confusing, it is unnecessary. Most Idaho PALs accepting Qwest payments do not charge fees.
In its March 12 application, Qwest indicated there are currently 58 free PALs in Idaho.
Application, at ~ 8. Each of the existing 11 PALs in Boise and Pocatello - the cities relevant to
this docket - accepts Qwest customer payments without charge. In addition, those few PALs
statewide that charge a service fee verbally inform the Qwest customer that such a fee applies.
Also, when a Qwest customer searches for the nearest PAL on Qwest's web site, the website
indicates whether a service charge will apply at a given location. Requiring Qwest to ensure that
each of its scores of PALs in Idaho post a sign regarding service charges is both unworkable and
unnecessary.
Accepting payment without bill or notice. Qwest also asks that the Commission
remove its mandate that Qwest ensure that PALs accept payments from Qwest customers who do
not present a Qwest bill or notice to the PAL agent. While it is technically possible for PALs to
receive such payments, I Qwest advises PALs not to do so because ofthe potential confusion and
interruption of service that can occur if payments are not tied to specific customer bills.
Qwest accepts responsibility for not making clear previously that, while possible, accepting a payment without a bill or
notice is potentially harmful. Qwest likely added to this confusion with its response to Staff Request for Production No.
Among other things, Staff asked if all PALs in southern Idaho locations other than Boise and Pocatello are able to accept
payment if the customer does not provide a copy of a Qwest bill or noticec Qwest answered "yes" (which is accurate), but should
have explained that while PALs technically can do so, Qwest discourages the practice because of the confusion it can cause.
QWEST'S PETITION FOR CLARIFICATION AND/OR PARTIAL RECONSIDERATION - Page 3
Boise-I 5953L1 0029164-00012
When a PAL electronically logs a customer s payment, it needs both the customer s ten-
digit billed telephone number ("BTN") and the three digit customer code that appears on the
customer s bill or notice. Because multiple customers (e., an existing customer and a former
customer that was disconnected with an unpaid balance) can have the same BTN, the three digit
customer code ensures that the payment is applied to the correct account. This is critical to
avoiding misapplication of payments. Misapplication can result in interruption of service if
payment is posted to one account when another account under the same BTN is delinquent and
nearing disconnection. It is not unreasonable, nor does it cause a hardship, to expect or require a
customer to bring his or her bill or notice when making a payment. Given the risk of confusion
and service interruption, Qwest believes that the condition set out in the CPC Order is
counterproductive.
IV.CONCLUSION
For the foregoing reasons, Qwest requests that the Commission remove the two
conditions of its CPC Order discussed above as prerequisites to Qwest's phasing out the Boise
and Pocatello CPCs.
Qwest Corporation
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Stoel Rives LLP
Adam L. Sherr
Qwest
Attorneys for Qwest Corporation
QWEST'S PETITION FOR CLARIFICATION AND/OR PARTIAL RECONSIDERATION - Page 4
Boise-159531.1 0029164-00012
CERTIFICATE OF SERVICE
I hereby certify that on this 16th day of July, 2003, I served the foregoing QWEST
CORPORATION'S PETITION FOR CLARIFICATION AND/OR PARTIAL
RECONSIDERATION upon all parties of record in this matter as follows:
Jean Jewell, Secretary
Idaho Public Utilities Commission
472 West Washington Street
Boise, ID 83720-0074
Phone: [phone]
Fax: [phone]
i iewell~puc.state.id. us
-L Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
Joe Hammond, Deputy Attorney General
Idaho Public Utilities Commission
472 West Washington Street
O. Box 83720
Boise, ill 83702
Telephone: [phone]
Facsimile: [phone]
ihanm10n~puc. state.id. us
Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
Sean P. Farrell
IA T Communications, Inc.
703 Pier Avenue - Suite B - PMB 813
Hermosa Beach, CA 90254
s farre 11 ~ c eartalk. net
Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
Dean J. Miller
McDevitt & Miller LLP
420 West Bannock Street
O. Box 2565
Boise, ID 83701
Telephone: [phone]
Facsimile: [phone]
i oe~mcdevi tt -miller.com
Attorneys for NPCR, Inc.
Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
QWEST'S PETITION FOR CLARIFICATION AND/OR PARTIAL RECONSIDERATION - Page 5
Boise-I 5953L1 0029164-00012
Molly O'Leary
Richardson & O'Leary PLLC
99 East State Street - Suite 200
Eagle, ill 83616
Telephone ([phone]
Facsimile: [phone]
mo 11 y~ri chardsonando eary. com
Attorney for IAT
Hand Delivery
U. S. Mail
Overnight Delivery
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Email
Morgan W. Richards
Moffatt Thomas Barrett Rock & Fields
101 South Capitol Boulevard - 10th Floor
O. Box 829
Boise, ID 83701
Telephone: [phone]
Facsimile: [phone]
mwr~moffatt.com
Attorney for Citizens Communications
Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
PhilIp R. Schenkenberg
Briggs & Morgan P
3322 Minnesota Street - Suite 2200
St. Paul, MN 55101
pshenkenberg~bri ggs. com
Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
Clay R. Sturgis
Moss Adams LLP
601 West Riverside - Suite 1800
Spokane, WA 99201-0663
clays~mossadams.com
Hand Delivery
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Overnight Delivery
Facsimile
Email
Lance A. Tade
State Government Affairs
Citizens Telecommunications of Idaho
4 Triad Center - Suite 200
Salt Lake City, UT 84180
ltade~czn. com
Hand Delivery
-.2L U. S. Mail
Overnight Delivery
Facsimile
Email
QWEST'S PETITION FOR CLARIFICATION AND/OR PARTIAL RECONSIDERATION - Page 6
Boise-I 5953L1 0029164-00012
Conley E. Ward, Jr.
Givens Pursley LLP
277 North 6th Street - Suite 200
O. Box 2720
Boise, ID 83701-2720
Telephone: [phone]
Facsimile: [phone]
cew~givenspursley.com
Attorneys for Idaho Telephone Association
Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
RAII4t/b!/ ~It;wl
Brandi L. Gearhart, PLS
Legal Secretary to Mary S. Hobson
Stoel Rives LLP
QWEST'S PETITION FOR CLARIFICATION AND/OR PARTIAL RECONSIDERATION - Page 7
Boise-15953L1 0029164-00012
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Mary S. Hobson (ISB #2142)
Stoel Rives LLP
101 South Capitol Boulevard - Suite 1900
Boise, ill 83702
Telephone: [phone]
Facsimile: [phone]
mshobson~stoe1.com
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2003 JUL 16 P~1 4:
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UTILIT IES COi'H1JSSION
Adam L. Sherr (WSBA #25291)
Qwest
1600 7th Avenue - Room 3206
Seattle, W A 98191
Telephone: [phone]
Facsimile: [phone]
asherr~qwest.com
Attorneys for Qwest Corporation
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF QWEST
CORPORATION'S PROPOSAL TO PHASE
OUT BOISE AND POCATELLO CUSTOMER
PAYMENT CENTERS
Case. No. QWE-O3-
DECLARATION OF BETH JORDAN IN
SUPPORT OF QWEST CORPORATION'
PETITION FOR CLARIFICATION AND/OR
PARTIAL RECONSIDERATION
, MARY E. ("BETH") JORDAN make this declaration based upon my personal
knowledge. I am over the age of 18 and am otherwise competent to testify as to the matters set
forth herein.
I am a Payment Agent Assistant in Qwest's Consumer Financial Services unit.
My responsibilities include management and administration of Qwest's relationships with its
many outside payment agent locations ("PALs ) in Idaho and other states. I assisted Qwest's in
obtaining and providing information in response to the Commission Staff s data requests in this
docket.
DECLARATION OF BETH JORDAN - Page
Boise-159523J 0029164-00004
I understand that the Commission has placed certain conditions on its approval of
Qwest's application to phase out the Boise and Pocatello customer payment centers ("CPCs ). I
understand those conditions include a requirement that PALs post a sign stating whether a fee
or service charge will be imposed for use of the PAL's services and to list the types of payment
options available. I further understand that the Commission has required that the PALs accept
payments from customers who do not present a copy of their Qwest bill or notice. Based on my
experience and knowledge, I have concerns regarding both of these conditions.
The PALs on which Qwest relies are independent, unaffiliated businesses that in
many cases accept payments for other utilities as well as for Qwest. The arrangements the PALs
have with other entities may different from those they have with Qwest in terms of the practices
that they follow and the fees they may charge. Qwest does not have a contractual right to require
these PALs to post signs relating to the terms under which they will accept payments for Qwest.
Furthermore, asking them to do so could conflict with the information they wish customers to
receive about the services offered by their businesses as well as the information that pertains to
the services they perform on behalf of other entities. This could cause customer confusion.
Because of these conflicts and the potential confusion that could ensue, Qwest carmot
realistically enforce whether the PALs post a sign indicating whether they charge a fee or service
charge in connection with accepting Qwest payments and indicating all other payment options.
I also believe the Commission s posting requirement is unnecessary. Most Idaho
PALs accepting Qwest payments do not charge fees. There are currently 58 free PALs in Idaho
including all of the eleven PALs in Boise and Pocatello. In addition, those few PALs outside of
Boise and Pocatello that charge a service fee inform the customer of that fact before taking their
DECLARATION OF BETH JORDAN - Page 2
Boise-159523J 0029164-00004
payments. Also Qwest's web site indicates whether a service charge will apply at a given
location.
I am also concerned with the second condition that the PALs take payments
without a copy of the bill or notice. While it is possible for PALs to receive such payments
Qwest advises against it because of the problems that can occur.
When a PAL electronically logs a customer s payment, it needs the three digit
customer code that appears on the customer s bill or notice as well as the customer s ten-digit
billed telephone number ("BTN"). The three digit customer code ensures that the payment is
applied to the correct account, which is important because more than one customer may have the
same BTN. For example both an existing customer and a former customer who was
disconnected with an unpaid balance could have the same BTN. If the existing customer made a
payment at a PAL without a document containing the three digit customer code, the payment
could be inadvertently applied to the former customer s unpaid balance. Such misapplication
can result in interruption of service on a current account that is delinquent and nearing
disconnection.
I declare the foregoing to be true under penalty of peIjury and in accordance with the
laws of the States of Arizona and Idaho.
DATED this fL1 day of July, 2003, at Phoenix, Arizona.
~~A~&;u)
DECLARA nON OF BETH JORDAN - Page 3
Boise-159523J 0029164-00004
CERTIFICATE OF SERVICE
I hereby certify that on this 16th day of July, 2003, I served the foregoing
DECLARATION OF BETH JORDAN upon all parties of record in this matter as follows:
Jean Jewell, Secretary
Idaho Public Utilities Commission
472 West Washington Street
Boise, ID 83720-0074
Phone: [phone]
Fax: [phone]
ii ewell~puc.state.id. us
Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
Joe Hammond, Deputy Attorney General
Idaho Public Utilities Commission
472 West Washington Street
O. Box 83720
Boise, ill 83702
Telephone: [phone]
Facsimile: [phone]
ihammon~puc.state.id.
Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
Sean P. Farrell
IA T Communications, Inc.
703 Pier Avenue - Suite B - PMB 813
Hermosa Beach, CA 90254
s farrell ~c leartalk. net
Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
Dean J. Miller
McDevitt & Miller LLP
420 West Barmock Street
O. Box 2565
Boise, ill 83701
Telephone: [phone]
Facsimile: [phone]
i oe~mcdevi tt -miller .com
Attorneys for NPCR, Inc.
Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
Molly O'Leary
Richardson & O'Leary PLLC
99 East State Street - Suite 200
Eagle, ill 83616
Telephone ([phone]
Facsimile: [phone]
mo 11 y~ri chardsonan do eary. com
Attorney for IA T
Hand Delivery
U. S.Mail
Overnight Delivery
Facsimile
Email
DECLARATION OF BETH JORDAN - Page 4
Boise-I 595H I 0029164-00004
Morgan W. Richards
Moffatt Thomas Barrett Rock & Fields
101 South Capitol Boulevard - 10th Floor
O. Box 829
Boise, ID 83701
Telephone: [phone]
Facsimile: [phone]
mwr~moffatt.com
Attorney for Citizens Communications
Philip R. Schenkenberg
Briggs & Morgan P
3322 Minnesota Street - Suite 2200
St. Paul, MN 55101
pshenkenberg~bri ggs. co m
Clay R. Sturgis
Moss Adams LLP
601 West Riverside - Suite 1800
Spokane, W A 99201-0663
clays~mossadams.com
Lance A. Tade
State Government Affairs
Citizens Telecommunications of Idaho
4 Triad Center - Suite 200
Salt Lake City, UT 84180
ltade~czn.com
Conley E. Ward, Jr.
Givens Pursley LLP
277 North 6th Street - Suite 200
O. Box 2720
Boise, ID 83701-2720
Telephone: [phone]
Facsimile: [phone]
cew~givenspursley.com
Attorneys for Idaho Telephone Association
DECLARA nON OF BETH JORDAN - Page 5
Boise-I 59523.1 0029164-00004
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Brandi L. Gearhart, PLS
Legal Secretary to Mary S. Hobson
Stoel Rives LLP