20041015Stipulated Motion to Augment Agency Record.pdf

DONALD L. HOWELL, II
DEPUTY ATTORNEY GENERAL
IDAHO PUBLIC UTILITIES COMMISSION
PO BOX 83720
BOISE, ID 83720-0074
[phone]
IDAHO BAR NO. 3366
Attorney for the Respondent on Appeal-Respondent
on Cross Appeal, Idaho Public Utilities Commission
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IN THE SUPREME COURT OF THE STATE OF ID AH
ROBERT RYDER DBA RADIO PAGING
SERVICE, JOSEPH B. McNEAL DBA
PAGEDATA AND INTERPAGE OF IDAHO
AND TEL-CAR, INC.
Petitioners/ Ap pellan ts- Responden ts on
Cross Appeal
IDAHO PUBLIC UTILITIES COMMISSION
Respondent on Appeal-Respondent on
Cross Appeal
and
QWEST CORPORATION
Respondent/Respondent on Appeal-
Appellant on Cross Appeal.
SUPREME COURT
DOCKET NO. 29175
IPUC CASE NO. USW-99-
STIPULATED MOTION TO
AUGMENT THE AGENCY
RECORD
Pursuant to Idaho Appellate Rule 30, the parties to this appeal hereby stipulate that
the Agency Record on Appeal should be supplemented by the Idaho Public Utilities
Colnmission Remand Order on Reconsideration, No. 29613 issued October 5, 2004. The
parties had previously stipulated to adding this Order to the appellate Record in our Stipulation
STIPULATED MOTION TO AUGMENT
THE AGENCY RECORD
for Augmentation of the Agency Record filed with the Court on Septenlber 10, 2004. In
Order dated September 15, 2004, the Court did not approve adding the Commission s Remand
Order on Reconsideration because, although anticipated, the Order was not issued by the
Comnlission until October 5, 2004 - after the parties' filed their Stipulation.
Order No. 29603 addresses relevant issues raised in the Appellants' Notice of Appeal
and in Qwest Corporation s Notice of Cross Appeal. The Order is also referenced in Appellants
Brief and is attached to the Brief at Tab No.1. This Order is properly considered a part of the
Agency Record below. A true and correct copy of the Commission s Order is attached.
In accordance with the Court's September 15 Order, the last page of the existing
Agency Record VolUlne V is numbered 1005. For the convenience of the Court and the parties
the first page of the attached Order No. 29603 starts with Record page number 1006 (R. Vol. V
p. 1006).
The parties respectively request that the Court augment the Agency Record with the
attached document, IPUC Order No. 29613.
Submitted on behalf of all the parties this (fA day of October 2004.
Donald L. Ho ell, II
Deputy Attorney General
For the Idaho Public Utilities Commission
Vld/O:USWT9924Sct 29175 Mtn to Augment
Appeal folder
STIPULATED MOTION TO AUGMENT
THE AGENCY RECORD
CERTIFICATE OF SERVICE
I HEREBY CERTIFY THAT I HAVE THIS 14th DAY OF OCTOBER 2004
SERVED THE FOREGOING STIPULATED MOTION TO AUGMENT THE AGENCY
RECORD IN SUPREME COURT DOCKET NO. 29175 , VIA U S MAIL BY MAILING A
COpy THEREOF, POSTAGE PREPAID, TO:
JIM JONES
JIM JONES & ASSOCIATES
1275 SHORELINE LANE
BOISE ID 83702-6870
WILLIAM J. BATT
BATT & FISHER LLP
TH FLOOR
101 S CAPITOL BLVD
PO BOX 1308
BOISE ill 83701
SECRET ARY
CERTIFICATE OF SERVICE