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HomeMy WebLinkAbout20000201_cc.doc DECISION MEMORANDUM TO: COMMISSIONER HANSEN COMMISSIONER SMITH COMMISSIONER KJELLANDER MYRNA WALTERS RON LAW TONYA CLARK LYNN ANDERSON DON HOWELL STEPHANIE MILLER DAVID SCHUNKE JOE CUSICK BEV BARKER WORKING FILE FROM: CHERI C. COPSEY DATE: FEBRUARY 1, 2000 RE: ELECTRIC LIGHTWAVE, INC. vs. U S WEST COMMUNICATIONS, INC. CASE NO. USWT9916. 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 Therefore, pursuant to Rule 67, IDAPA 31.01.01.067, the Petition is withdrawn.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. STAFF RECOMMENDATION Staff recommends that the Commission dismiss the Complaint with prejudice. Commission Decision: Should the Commission dismiss the Complaint with prejudice? Cheri C. Copsey Staff: Joe Cusick M:uswt9916_cc2.doc DECISION MEMORANDUM 1