28278.doc

BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

ELECTRIC LIGHTWAVE, INC.

Complainant,

vs.

U S WEST COMMUNICATIONS, INC.

Respondent. )
)
)
)
)
)
)
)
)

CASE NO. USW-T-99-16

ORDER NO. 28278

On July 23, 1999, Electric Lightwave, Inc. (ELI) filed a complaint with the Commission claiming that U S WEST Communications, Inc. owed ELI termination fees under Article V of the parties’ Interconnection Agreement. This Interconnection Agreement was approved by the Commission on July 8, 1997, by Order No. 27040. Article V provided for reciprocal compensation in certain situations.
On November 10, 1999, the Idaho Telephone Association petitioned to intervene in this case pursuant to Rules 71 through 75 of the Commission’s Rules of Procedure, IDAPA 31.01.01.071.075. No party objected. On November 23, 1999, the Commission approved intervention. Order No.  28218. On January 13, 2000, the Idaho Telephone Association filed a notice of withdrawal of its Petition to Intervene. No party objected within fourteen (14) days. Therefore, pursuant to Rule 67, IDAPA 31.01.01.067, the Petition is withdrawn.
On January 18, 2000, ELI and U S WEST filed a Stipulated Motion to Dismiss with Prejudice. No person objected to the Stipulated Motion to Dismiss with Prejudice.
Based on the record, the law and the parties’ agreement to dismiss this complaint with prejudice, the Commission dismisses the complaint with prejudice.

O R D E R
IT IS HEREBY ORDERED that the complaint is dismissed with prejudice.
THIS IS A FINAL ORDER. Any person interested in this Order (or in issues finally decided by this Order) or in interlocutory Orders previously issued in Case No. USWT9916 may petition for reconsideration within twenty-one (21) days of the service date of this Order with regard to any matter decided in this Order or in interlocutory Orders previously issued in Case No. USWT9916. Within seven (7) days after any person has petitioned for reconsideration, any other person may cross-petition for reconsideration. See Idaho Code  61626.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho, this
day of February 2000.

DENNIS S. HANSEN, PRESIDENT

MARSHA H. SMITH, COMMISSIONER

PAUL KJELLANDER, COMMISSIONER

ATTEST:

Myrna J. Walters
Commission Secretary

O:uswt9916_cc4

ORDER NO. 28278 -1-

Office of the Secretary
Service Date
February 9, 2000