20041215Petitioners Motion to Compel Payment.pdf

Jim Jones (ISB #1136)
JIM JONES & ASSOCIATES
1275 Shoreline Lane
Boise, Idaho 83702-6870
Telephone: Boise [phone]
Attorney for Petitioners/Appellants
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BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE JOINT
PETITION OF ROBERT RYDER, d/b/a
RADIO PAGING SERVICE, JOSEPH B. )
MCNEAL, d/b/a P AGEDA T A AND
INTERP AGE OF IDAHO, AND
TEL-CAR, INC., FOR DECLARATORY
ORDER AND RECOVERY OF
OVERCHARGES FROM U.S. WEST
COMMUNICATIONS INC.
ROBERT RYDER, d/b/a RADIO
PAGING SERVICE, et aI.
Petitioners/Appellants
vs.
IDAHO PUBLIC UTILITIES
COMMISSION
Respondent on Appeal
and
QWEST CORPORATION
Respondent-Respondent on
Appeal.
Docket No. 29175
IPUC Docket no. T -99-
MOTION TO COMPEL PAYMENT
Petitioners, Robert Ryder, d/b/a Radio Paging Service, and Joseph B. McNeal, d/b/a
PageData and Interpage of Idaho, hereby move the Idaho Public Utilities Commission to
enter an order requiring Qwest Corporation to immediately pay the sum of $57 467 to
Petitioner Ryder and the sum of $96 943 to Petitioner McNeal. This motion is made on the
ground that Qwest Corporation has ignored orders of the Commission to make cash refunds
to said Petitioners. In its Order Number 29555 , the Commission ordered Qwest to make a
refund to Petition Ryder in the sum of $57,467 and a refund to Petitioner McNeal in the sum
of $101 950. The amount owing to Petitioner McNeal was reduced to $96 943 pursuant to
Commission Order Number 29603. Despite said orders , Qwest Corporation has failed and
refused to make such refund payments. Qwest Corporation has not obtained a stay, either
from the Commission or the Idaho Supreme Court, and is obligated to make immediate
payment. The Commission should not allow Qwest Corporation to defy its orders and
should enter an order compelling immediate payment.
DATED this 15th day of Decemb ,20' 4.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this 15th day of December, 2004, I caused to be served
a true and correct copy of the foregoing MOTION TO COMPEL PAYMENT by depositing
the same in the United States mail, postage prepaid, in an envelope addressed to the
following:
WILLIAM J. BA
Marshall, Batt & Fisher
O. Box 1308
Boise, ID 83701
DON HOWELL
Idaho Public Utilities Commission
472 West Washi
Bois I ~3702