20061023Response to reconsideration petition.pdf

Mary S. Hobson
Attorney & Counselor
999 Main, Suite 1103
Boise, ID 83702
208-385-8666
RECEIVED
2000 OCT 20 PM 4: 50
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UTILITIES COrili,,;j\~SIOI\.
October 20 , 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 Qwest
Corporation s Response to Petition for Reconsideration. If you have any questions, please
contact me. Thank you for your cooperation in this matter.
Very truly yours
htlV:fS !-Iv
Mary StJ4:obson
Enclosurescc: Service List
Boise-193000.I 0061273-00018
Mary S. Hobson (ISE. No. 2142)
999 Main, Suite 1103
Boise, ill 83702
Tel: [phone]
mary.hobson~qwest.com
RECEIVED
2000 OCT 20 PH 4: ~O
iDAHO PUBLiC
UTILITIES CONHy~ISSIOi'
Adam L. Sherr
Corporate Counsel, Qwest
1600 7th Avenue, Room 3206
Seattle, WA 98191
Tel: [phone]
adam. sherr(li),qwest. com
Attorneys for Qwest Corporation
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
JOHN C. DOWNEY, D.
Complainant
QWEST CORPORATION Case No. QWE-O6-
Respondent.
RESPONSE OF QWEST CORPORATION TO PETITION FOR
RECONSIDERATION
Response of Qwest Corporation - 1 -
Qwest Corporation (Qwest) by and through its undersigned attorneys responds the
request for reconsideration of John C. Downey as follows:
Complaint submitted a letter dated October 4, 2006 to the Commission requesting
reconsideration of Order No. 30129, the final order in this case. That letter was not
served on Qwest but was forwarded to Qwest by the Commission Staff on October 13. In
addition to its defective service, the letter fails to meet the Commission s requirements
for a petition for reconsideration as provided by the Commission s rules of Procedure
and offers no basis for reconsideration.
Pursuant to Commission Rule of Procedure 331 , a petition for reconsideration
must "set forth specifically the ground or grounds why the petitioner contends that the
order or any issue decided in the order is unreasonable, unlawful, erroneous or not in
conformity with the law, and a statement of the nature and quantity of evidence for
argument the petitioner will offer if reconsideration is granted.IDAP A
31.01.01.331.01. In his letter Complainant did not attempt to specifically identify any
legal or factual error made by the Commission, and instead raised the same arguments
presented in his prior written comments.Complainant's request merely restates his
disagreement with the conclusion reached by the Commission in Order No. 30129.
A petition for reconsideration must also state whether the petitioner requests
reconsideration by evidentiary hearing, written briefs, comments, or interrogatories.
IDAP A 31.01.01.331.03.Complainant's request did not provide a statement of the
nature and quantity of evidence or argument that would be offered if reconsideration
were granted, nor did Complainant indicate whether reconsideration should proceed by
Response of Qwest Corporation - 2-
evidentiary hearing, written briefs, comments, or interrogatories.Accordingly, the
Commission should deny Complainants' request for reconsideration.
Dated this 20th day of October, 2006.
Mary S. obson (ISB. No. 2142)
999 Main. Suite 1103
Boise, ID 83702
Adam L. Sherr
Corporate Counsel, Qwest
1600 7th Avenue, Room 3206
Seattle, WA 98191
Attorneys for Qwest Corporation
Response of Qwest Corporation - 3 -
CERTIFICATE OF SERVICE
I do hereby certify that a true and correct copy of the foregoing RESPONSE OF
QWEST CORPORATION TO PETITION FOR RECONSIDERATION was served on theTH day of October, 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]
j iewell~puc.state.id.
Cecelia Gassner
Idaho Public Utilities Commission
472 West Washington Street
O. Box 83720
Boise, ill 83702
Telephone [phone]
Facsimile: [phone]
John C. Downey, D.
104 East Pine
Caldwell, ID 83605
Telephone: [phone]
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Response of Qwest Corporation - 4-
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