20071129Joint motion re settlement, dismissal.pdf

Mary S. Hobson
Attorney & Counselor
999 Main, Suite 1103
Boise, ID 83702
208-385-8666
t'cvt~
20UJ NOV 28 Pri It: 49
IDAHO PU8L1C
UTILITIES COf;¡ll..iISSIO¡ .
November 28, 2007
VIA HAND DELIVERY
Jean D. Jewell, Secretary
Idaho Public Utilities Commission
472 West Washington
Boise, ID 83702-5983
RE: Docket No. QWE-T-06-17
Dear Ms. Jewell:
Enclosed for fiing with this Commission is the original and seven (7) copies of the Joint
Motion for Expedited Summary Acceptance of Settlement and Dismissal of
Complaint with Prejudice in the above referenced matter.
If you have any questions, please contact me. Thank you for your cooperation in this
matter.
Very truly yours,~~
Enclosures
cc: Service List
Mary S. Hobson (ISB. No. 2142)
999 Main, Suite 1103
Boise, ID 83702
Tel: [phone]
Idaho Public Utilties Comm' .
Office of the Sec t ISSion
R E eEl V E ~ ary
NOV 282007
Boise, Idaho
Attorney for Qwest Corporation
Molly O'Leary (ISB No. 4996)
RICHARDSON & O'LEARY, PLLC
515 North 27th Street P.O. Box 7218
Boise, Idaho 83707
Telephone: [phone]
mollv(â)ricl1ardsonandolcary. com
Attorneys for Plaintiff AT&T Communications of the Mountain States, Inc.
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
AT&T COMMUNICATIONS OF THE
MOUNTAIN STATES, INC.,
Case No. QWE-T-06-17
Complainant,
QWEST CORPORATION,
JOINT MOTION FOR EXPEDITED
SUMMARY ACCEPTANCE OF
SETTLEMENT AND DISMISSAL OF
COMPLAINT WITH PREJUDICE
v.
Respondent.
Qwest Corporation ("Qwest") and AT&T Communications of the Mountain States, Inc.
("AT&T") pursuant to Rule of Procedure 274, IDAPA 31.01.01.274, respectfully move this
Commission for expedited entry of an order summarily accepting the settlement and dismissing
AT&T's Complaint with prejudice and with each part bearing its own costs and attorneys'
fees. In support of this joint motion, the parties state as follows:
Joint Motion for Expedited Summary Acceptance for Settlement and Dismissal of
Complaint with Prejudice
1. There are only two parties to this dispute and they have reached a negotiated
resolution of all issues in tl1is case. The negotiation has produced a reasonable
settlement that is consistent with state and federal law and in the public interest in that it
allows the parties and the Commission to re-direct the resources that would have
otherwise been used to resolve this dispute.
2. The settlement reached in this case is of essentially a private dispute that has no
significant implications for regulatory law or policy, or for other utilities or customers
and is, therefore, appropriate for the Commission's summary acceptance under Rule of
Procedure 274.
3. The parties appreciate the Commission's time and efforts to date, and note fuher
that the settlement reached by Qwest and AT&T resolves related proceedings in nine
other states as well as unrelated claims that Qwest has pursued against AT&T. The
Idaho Commission's expedited summary acceptance of the settlement as it affects
this Idaho proceeding wil serve to implement the parties' global settlement.
Wherefore the parties respectfully request that the Commission accept the negotiated
resolution of the parties as a settlement of a private dispute pursuant to Rule of
Procedure 274, and enter an expedited order dismissing the complaint with prejudice and
with each part bearing its own attorneys' fees and costs.
Dated this 2ih day of November, 2007
Qwest Corporation
By/~~t~.Marys:son
Attorney for Respondent Qwest Corporation
and
Joint Motion for Expedited Summary Acceptance for Settlement and Dismissal of
Complaint with Prejudice
AT&T Communications of the Mountain States, Inc.
Joint Motion for Expedited Summary Acceptance for Settlement and Dismissal of
Complaint with Prejudice
CERTIFICATE OF SERVICE
I do hereby certify that a true and correct copy of the foregoing Joint Motion for
Expedited Summary Acceptance of Settlement and Dismissal of Complaint with Prejudice
was served on the 28th day of November, 2007 on the following individuals:
Jean D. Jewell .- Hand DeliveryRaho Public Utilities Commssion U. S. Mail
472 West Washington Street Overnight DeliveryF.O. Box 83720 FacsimileBoise, il 83702 Email
'Telephone [phone]
Facsimile: [phone]
i jewellCtVpuc.state.id. us
Molly O'Leary
Richardson & O'Leary
515 North 27th Street
P.O. Box 7218
Boise, Idaho 83707
molly(?4richardsonandoleary.com
Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
_X_ Email
Theodore A. Livingston
Dennis G. Friedman
Mayer, Brown, Rowe & Maw LLP
71 South Wacker Drive
Chicago, IL 60606-4637
dfredmanCimayerbrown. com
Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
-. Email
Dan Foley
General Attorney & Assistant General Counsel
AT&T West
P.O. Box 11010
Reno, Nevada
df6929(ì;att.com
Hand Delivery
U. S. Mail
Overnight Delivery
Facsimile
-. Email
ï-h
obson
for Qwest Corporation