20060719Answer.pdf

Mary S. Hobson
Attorney & Counselor
999 Main, Suite 1103
Boise, ID 83702
208-385-8666
RECEIVED
2006 JUL
18 ~: 58
UTld9flt~OC~uBLIC
MISSION
July 18 , 2006
VIA HAND DELIVERY
Jean D. Jewell, Secretary
Idaho Public Utilities Commission
472 West Washington
Boise, ID 83702-5983
RE:Docket No. QWE-O6-
Dear Ms. Jewell:
Enclosed for filing with this Commission are an original and seven (7) copies of the ANSWER
OF QWEST CORPORATION MOTION to the formal complaint of John C. Downing, DC.
If you have any questions, please contact me. Thank you for your cooperation in this matter.
Very truly yours~ ~~-:k-
Enclosurescc: Service List
Boise-193000.10061273-00018
Mary S. Hobson (ISE. No. 2142)
999 Main, Suite 1103
Boise, ill 83702
Tel: [phone]
mary .hobson~qwest.com
RECEIVED
2005 JUL
18 PH~:
UTld9~HO PUBLICCOMMISSION
Adam L. Sherr
Corporate Counsel, Qwest
1600 7th Avenue, Room 3206
Seattle, WA 98191
Tel: [phone]
adam. sherr(7p,qwest. com
Attorneys for Qwest Corporation
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
JOHN C. DOWNEY, D.
Complainant,
QWEST CORPORATION Case No. QWE-O6-
Respondent.
ANSWER OF QWEST CORPORATION
Qwest Corporation (Qwest) by and through its undersigned attorneys answers the
Formal Complaint of John C. Downey (Complaint) as follows:
Qwest denies that it has over charged Complainant and denies that any
compensation, refund, or reparation is owed to him. Qwest further denies all allegations
ofthe Complaint not specifically admitted herein.
Qwest denies that the service that is the subject of the Complaint was provided to
Complainant without his knowledge or consent. To the contrary, Qwest's records show
that the order was placed on May 7 2001. The notes kept in Qwest's business records
indicate that Qwest was to contact "Lisa" at [phone] when the order was
complete. The Complainant describes that number in his Complaint as his "main
number." The notes in Qwest's business records, which are made contemporaneously
with the events recorded, further indicate that "John" called on May 10, 2001 to check on
the order for an additional line. The service was installed on May 10, 2001.
It is Qwest's business practice to send a confirmation letter to the customer when
new or additional service is installed. This letter would have informed Complainant of
the additional line installation. Because of the volume of additions and changes to
customer accounts, Qwest does not maintain copies of its confirmation letters. However
Qwest's bills (copies of which have been provided to the Commission Staff) provide
information to the customer about the number of lines in service, as well as the amount
charges for the services rendered. The bills show that Complainant was billed for a
primary line and two additional lines. These bills have never triggered an objection from
Complainant about the number of lines installed or the amount charged.
Complainant first informed Qwest on September 13, 2005 that he wanted one of
his additional lines removed. That request was honored on September 16, 2005. After
Complainant made a verbal complaint to Qwest and in an effort to satisfy the customer
Qwest's representative also agreed to credit Complainant's account for the equivalent of
fourteen months of service. Qwest believes that this accommodation is generous and that
no credit or refund is owed.
By way of further answer to the Complaint, Qwest notes that the Complaint is
barred by the statute or statutes of limitation and by the doctrines of laches, estoppel, and
waiver. Qwest further notes that Idaho Code g 61-642 limits the period for which a
customer may receive reparation for overcharges to three years.
Qwest requests that the Commission find that Complainant's claim is without
merit and that the Commission act to deny the request for additional reparation and to
dismiss the Complaint with prejudice.
Dated this 18th day of July, 2006.
Respectfully submitted
/t
Mary S. bson (ISE. No. 2142)
999 Mai . Suite 1103
Boise, ill 83702
Adam L. Sherr
Corporate Counsel, Qwest
1600 7th Avenue, Room 3206
Seattle, WA 98191
Attorneys for Qwest Corporation
CERTIFICATE OF SERVICE
I do hereby certify that a true and correct copy of the foregoing ANSWER OF
QWEST CORPORATION was served on the 18th day of July, 2006 on the following
individuals:
Jean D. Jewell
Idaho Public Utilities Commission
472 West Washington Street
O. Box 83720
Boise, ill 83702
Telephone [phone]
Facsimile: [phone]
i iewel1~puc.state.id.
Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
Weldon Stutzman
Idaho Public Utilities Commission
472 West Washington Street
O. Box 83720
Boise, ill 83702
Telephone [phone]
Facsimile: [phone]
Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
John C. Downey, D.
104 East Pine
Caldwell, ill 83605
Telephone: [phone]
-1L
Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
Email
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