HomeMy WebLinkAbout28682.noh.docBEFORE THE PUBLIC UTILITIES COMMISSION
MICROSERV COMPUTER TECHNOLOGIES, INC., an Idaho corporation,
Petitioner
vs.
U S WEST COMMUNICATIONS, INC.
Respondent.
))))))))))
)
)
CASE NO. USW-T-99-20
NOTICE OF HEARING
ORDER NO. 28682
On August 20, 1999, Microserv Computer Technologies, Inc. filed a complaint against U S WEST Communications, Inc. (hereinafter Qwest). Microserve alleged that Qwest had inappropriately sought to terminate telephone service to Microserv. On September 8, 1999, the Commission issued a summons directing Qwest to file a written Answer to the complaint. On October 6, 1999, Qwest filed a timely Answer. In its Answer, Qwest asserts that Microserv obtained its telephone service through “subterfuge” and disconnection was warranted. The parties then entered into a period of protracted settlement negotiations.
On March 7, 2001, Microserv filed a Motion for a Restraining Order and/or Preliminary Injunction. In its Motion, Microserv sought a Commission Order that would prohibit Qwest from terminating telephone service during the pendency of this action. Motion at 1. Following this Motion, the Commission instructed its counsel to contact the parties and ascertain the status of their settlement negotiations.
A telephonic conference call was held on March 14, 2000. The parties disclosed that settlement negotiations have not been successful. The parties propose that the Commission issue an Order setting out a procedural schedule to process and decide the complaint. Given the adoption of a procedural schedule, Qwest agreed not to terminate service and Microserv agreed that the Commission need not rule on the Motion for a Restraining Order and/or a Preliminary Injunction.
PROCEDURAL SCHEDULE AND NOTICE OF HEARING
During the conference call the parties discussed the need for discovery, the necessity for hearings, and the manner that this matter may be presented to the Commission for resolution. Based upon the agreement of the parties, the Commission adopts the proposed proceeding schedule outlined below.
Date Action
March 21, 2001
March 30, 2001
April 6, 2001
April 13, 2001
April 20, 2001
May 9, 2001
May 11, 2001
May 16, 2001
May 21, 2001
May 23, 2001 The parties shall identify their respective Discovery requests to be re-answered by the other party
The parties shall file responses to the identified Discovery requests
Deadline for filing Motions to Compel or other Discovery Pleadings (if necessary)
Deadline for filing Answers to Discovery Motions/Pleadings (if applicable)
Hearing on the Discovery disputes in Boise, Idaho at 9:30 a.m. (if necessary)
Deadline for Microserv’s prefiled direct testimony
Qwest advise Microserv counsel and Commission counsel whether it needs cross-examination on Microserv’s prefiled direct testimony or provide oral argument at the May 23 hearing.
Deadline for Qwest’s prefiled direct testimony
Microserv advise Qwest counsel and Commission counsel whether it desires to offer rebuttal evidence, cross-examine Qwest witnesses or provide oral argument at the May 23 hearing.
Evidentiary Hearing in Boise at 9:30 a.m. (if necessary)
Based upon the agreement of the parties, we adopt the schedule set out above. The Commission directs that all pleadings and prefiled testimony be served via facsimile no later than the close of business on the deadlines outlined above. Any discovery Motions, Answers to discover motions and the prefiled direct testimony will also be served on the parties by overnight delivery.
YOU ARE FURTHER NOTIFIED that the prepared testimony and exhibits must be served upon the Commission and all other parties as set out in the schedule above. The prepared testimony and exhibits must conform to the requirements of Rules 266 and 267 of the Commission’s Rules of Procedure, IDAPA 31.01.01.266-267.
YOU ARE FURTHER NOTIFIED that all proceedings in this case will be held pursuant to the Commission’s jurisdiction under Titles 61 and 62 of the Idaho Code and that the Commission may enter any final Order consistent with its authority.
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.
YOU ARE FURTHER NOTIFIED that the Commission has jurisdiction over this matter pursuant to Idaho Code § 62-616 and the Commission’s Telephone Customer Relations Rules, IDAPA 31.41.01.000 et seq.
O R D E R
IT IS THEREFORE ORDERED that the parties comply with the schedule outlined above.
DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho, this
day of March 2001.
DENNIS S. HANSEN, PRESIDENT
MARSHA H. SMITH, COMMISSIONER
PAUL KJELLANDER, COMMISSIONER
ATTEST:
Jean D. Jewell
Commission Secretary
vld/O:uswt9920_dh2
After this complaint was filed, U S WEST Communications’ parent corporation merged with Qwest Communications International. Qwest Communications is the surviving entity.
NOTICE OF HEARING
ORDER NO. 28682 1
Office of the Secretary
Service Date
March 21, 2001