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Home My WebLink AboutNTCHRG.docxBEFORE THE IDAHO PUBLIC UTILITIES COMMISSION IN THE MATTER OF THE IMPROVING OR REPLACING U S WEST COMMUNICATIONS’ REVENUE SHARING PLAN FOR SOUTHERN IDAHO. ) ) ) ) ) CASE NO. USW-S-95-4 NOTICE OF HEARING ORDER NO. 26245 In Order No. 25923 issued in March 1995, the Commission directed the Commission Staff and U S WEST to suggest improvements to the Revenue Sharing Plan or to develop a replacement for that plan. On October 5, 1995, the Commission Staff and U S WEST Communications submitted a joint proposal to replace the existing Revenue Sharing Plan. On October 11, 1995, the Commission issued a Notice of Application in this proceeding and subsequently convened a prehearing conference on November 6, 1995. THE PREHEARING CONFERENCE The purpose of the prehearing conference was to delineate the issues in this case, establish a proceeding schedule, and to take up other preliminary matters. The following entities entered appearances at the prehearing conference. U S WEST Communications: For the Commission Staff: Mary S. Hobson Elam & Burke 702 W. Idaho Street Boise, ID 8370 Dennis Lopach U S WEST Communications 1801 California Street, Room 5100 Denver, CO 80202 Donald L. Howell, II Deputy Attorney General Idaho Public Utilities Commission 472 W. Washington Street PO Box 83720 Boise, ID 83720-0074 Idaho Telephone Association: Idaho Cable Telecommunications Association: AT&T Communications: GTE Northwest: Citizens Telecommunications Company and Century Telephone: (TDS) Conley Ward Michael C. Creamer Givens, Pursley & Huntley PO Box 2720 Boise, ID 83701-2720 Ray Hendershot GVNW, Inc. PO Box 25969 Colorado Springs, CO 80936 Ron Williams PO Box 2128 Boise, ID 83701-2128 Dr. Carl Hunt 2542 Pine Street Boulder, CO 80302 Rick Bailey Rebecca DeCook AT&T Communications 1875 Lawrence Street, Room 1575 Denver, Co 80202 Cathy Brightwell AT&T Communications 1 N. Last Chance Gulch Helena, MT 59601 Richard Potter GTE Northwest 1800-41st Street Everett, WA 98201 Fred Logan GTE Northwest 17933 NW Evergreen Pkwy PO Box 1100 Beaverton, OR 97075 Morgan W. Richards, Jr. Moffatt, Thomas, Barrett, Rock & Fields PO Box 829 Boise, ID 83701-0829 MCI Telecommunications Corp.: Phoenix Fiber Link: Idaho Consumer Affairs, Inc.: Aloa Stevens Jacqueline Kinney Citizens Telecommunications Company PO Box 340 Elk Grove, CA 95759 Dean J. Miller Attorney at Law PO Box 2564 Boise, ID 83701-2564 Rebecca J. Bennett MCI Telecommunications Corp 707 17th Street, Suite 3900 Denver, CO 80202 John McFadden Moore & McFadden, Cht’d 999 Main Street, Suite 910, Drawer A Boise, ID 83702 Wendell Phillips 1111 N. Orchard Ave., Suite 207 Boise, ID 83705 In addition to the parties above, Staff Counsel indicated that Sprint Communications was unable to attend but had communicated a desire to participate in this proceeding. The participants at the prehearing conference all expressed a desire to intervene. We find that intervention by the parties outlined above and Sprint Communications would serve the purposes of intervention outlined in our Rules of Procedure, IDAPA 31.01.01.071-75. Accordingly, the parties outlined above shall be granted intervention in this case. OTHER ISSUES At the prehearing conference, MCI inquired whether the Staff and U S WEST’s joint proposal would be afforded special deference or a presumption of reasonableness. More specifically, MCI inquired whether the joint proposal was entitled to a presumption that the Staff and U S WEST had established their burden of proving the proposal is reasonable. Tr. at 5. Following discussion among the parties, the Commission advised the parties that the joint proposal was not entitled to any presumptions or deference. We reaffirm our bench ruling and find: That the proponents of the joint proposal still carry the burden of proof to show that the proposal is just and reasonable. As we mentioned at the prehearing conference, the joint proposal and all other proposals offered by the parties will start on an equal footing. NOTICE OF HEARING YOU ARE HEREBY NOTIFIED that the parties have agreed on a schedule for processing this case. Based upon the agreement of the parties, we find: That the proposed schedule is reasonable. All parties shall comply with the hearing schedule outlined below. DATE December 6, 1995 December 15, 1995 January 8, 1996 January 29, 1996 February 15, 1996 March 15, 1996 April 9-10, 1996 ACTIVITY Deadline for Petitions to Intervention (other than the parties mentioned above) Staff and U S WEST prefile direct testimony Deadline for submitting discovery requests Deadline for submitting answers to discovery Prefile Testimony of intervenors Deadline for prefiling rebuttal Hearing in Boise YOU ARE FURTHER NOTIFIED that the Commission has scheduled a public hearing in this matter to be held on TUESDAY, APRIL 9, 1996 AT 9:30 A.M. IN THE COMMISSION’S PUBLIC HEARING ROOM, 472 WEST WASHINGTON STREET, BOISE, IDAHO (208) 334-0300 and shall continue as necessary Wednesday, April 10, 1996. YOU ARE FURTHER NOTIFIED that persons other than those listed in this Order desiring to intervene in this case for the purpose of presenting evidence or cross-examining witnesses must file a Petition to Intervene with the Commission pursuant to Rules 72 and 73 of the Commission’s Rules of Procedure no later than December 6, 1995. IDAPA 31.01.01.000 et seq. Persons desiring to present their views without parties’ rights of participation and cross-examination are not required to intervene and may present their comments without prior notification to the Commission or to other parties. YOU ARE FURTHER NOTIFIED that the prepared testimony and exhibits of the parties must conform to the requirements of Rules 266-267 of the Commission’s Rules of Procedure, IDAPA 31.01.01.266-67. YOU ARE FURTHER NOTIFIED that all hearings and prehearing conferences in this matter will be held in facilities meeting the accessibility requirements of the Americans with Disabilities Act. Persons needing the help of a sign language interpreter or other assistance of the kind that the Commission is obligated to provide under the Americans with Disabilities Act in order to participate in or to understand the testimony and argument at a public hearing may ask the Commission to provide a sign language interpreter or other assistance at the hearing. The request for assistance must be received at least five (5) working days before the hearing by contacting the Commission Secretary at: IDAHO PUBLIC UTILITIES COMMISSION PO BOX 83720 BOISE, IDAHO 83720-0074 (208) 334-0338 (TELEPHONE) (208) 334-3151 (TEXT TELEPHONE) (208) 334-3762 (FAX) YOU ARE FURTHER NOTIFIED that the Commission has jurisdiction over this matter pursuant to Titles 61 and 62 of the Idaho Code, and specifically Idaho Code § 61-622A. YOU ARE FURTHER NOTIFIED that all proceedings in this matter will be conducted pursuant to the Commission’s Rules of Procedure, IDAPA 31.01.01.000 et seq. O R D E R IT IS HEREBY ORDERED that the requests for intervention submitted at our prehearing conference are granted. All parties in this proceeding shall serve all papers hereafter filed in this matter on all parties of record. The Commission Secretary is instructed to issue a Notice of Parties following the deadline for intervention. IT IS FURTHER ORDERED that all parties comply with the hearing schedule set out in the body of this Order. IT IS FURTHER ORDERED that the joint proposal shall not be entitled to any special deference or presumptions. DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this day of November 1995. RALPH NELSON, PRESIDENT MARSHA H. SMITH, COMMISSIONER DENNIS S. HANSEN, COMMISSIONER ATTEST: Myrna J. Walters Commission Secretary vld/O-USW-S-95-4.dh