20010329Order No 28683.doc

BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF THE JOINT PETITION OF ROBERT RYDER, DBA RADIO PAGING SERVICE, JOSEPH MCNEAL, DBA PAGEDATA AND INTERPAGE OF IDAHO, FOR A DECLARATORY ORDER AND RECOVERY OF OVERCHARGES FROM U S WEST COMMUNICATIONS, INC. )
)
)
)
)
)
CASE NO. USW-T-99-24

ORDER NO. 28683

On January 2, 2001, the Complainants, Robert Ryder dba Radio Paging Service, Joseph McNeal dba PageData and Interpage of Idaho and Tel-Car, Inc. filed a Petition to Amend several ordering paragraphs of the Commission’s final Order on Reconsideration (No. 28601) in this case. On February 5, 2001, the Commission issued Order No. 28628 that decided the issue in the Complainants’ Petition to Amend. In Order No. 28628, the Commission noted that the one issue yet to be resolved was the determination of the exact amount of billing credit or reimbursement each Complainant is due, if any. Order No. 28628 at 8. Consequently, the Commission ordered the parties to exchange relevant information and to continue their settlement negotiations for a period of 30 days. At the conclusion of these discussions, the parties were directed to advise the Commission of the status.
On March 20, 2001, the parties advised Staff Counsel that they have not been able to resolve the remaining issue or to determine the exact amount each Petitioner is owed. Consequently, the Commission must again take up this matter.
Given the parties’ inability to resolve the remaining issue, the Commission has determined that the appropriate course of action is to appoint a hearing examiner. In accordance with Idaho Code § 61-211, the Commission finds it is appropriate to appoint a hearing examiner to hear and decide the remaining issue in this case. Under separate cover, the Commission has appointed John Antonuk, Liberty Consulting Group, as its Hearing Examiner in this matter. As Hearing Examiner, he is authorized to schedule proceedings, conduct status conferences, take evidence, administer oaths, enter rulings on objections and motions, and issue a proposed Order containing findings of fact.
The Commission contemplates that once the Hearing Examiner has issued his proposed Order, the parties may file written comments or exceptions to the proposed Order within 21 days of its service date.
O R D E R
IT IS HEREBY ORDERED that John Antonuk be designated as a Hearing Examiner in this matter pursuant to Idaho Code § 61-211. The Hearing Examiner is authorized to schedule proceedings, take evidence, rule on motions and objections, administer oaths, and other duties necessary to process this case.
IT IS FURTHER ORDERED that the Hearing Examiner contact the parties by conference call to begin processing the case.
IT IS FURTHER ORDERED that after the close of evidence, the Hearing Examiner shall file a proposed Order concerning the exact amount of the billing credit or reimbursement (if any) each Complainant is due.
IT IS FURTHER ORDERED that following issuance of the Hearing Examiner’s proposed Order, the parties shall have 21 days from the service date of the proposed Order to file written comments or exceptions to the proposed Order.
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:uswt9924_dh
ORDER NO. 28683 1

Office of the Secretary
Service Date
March 29, 2001