20020903Order No 29109.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. 29109
On July 17, 2002, the Commission issued its final Order No. 29064 in the second part of this case referred to as the “credit phase.” This case was initiated when three paging companies (referred to as “the Pagers”) filed a joint Petition for a Declaratory Order against Qwest Corporation’s predecessor, U S WEST Communications. In Order No. 29064, the Commission resolved the underlying issues necessary to calculate the amount of billing refunds that Qwest owed to each of the three pagers. The Commission’s final Order directed that Qwest recalculate the refund due each pager and issue the respective credits to the Pagers no later than August 14, 2002. On July 30, 2002, Qwest submitted its recalculation of the refunds.
On August 7, 2002, the Pagers submitted a timely Petition for Reconsideration. In their Petition, the Pagers raise more than 25 points of contention with the Commission’s final Order No. 29064. The Pagers’ Petition also incorporates two pleadings previously filed with the Commission entitled “Supplement to Petitioners’ Exceptions” and “Request to Supplement Exceptions.” In Order No. 29064 the Commission found these two documents were untimely filed and they were not considered when the Commission issued Order No. 29064. On August 21, 2002, Qwest submitted an Answer to the Petition for Reconsideration.
DISCUSSION
Idaho Code § 61-626 provides that the Commission must determine whether it shall grant or deny a Petition for Reconsideration within 28 days after the filing of such a Petition. “If Reconsideration is granted, said Order shall specify how the matter will be reconsidered[.]” Id. The Commission’s procedural Rule 331 provides that “Petitions for reconsideration must set forth specifically the ground or grounds why the petitioner[s] contend that the order” is unreasonable, unlawful or erroneous. IDAPA 31.01.01.311.01. Rule 332 states that “[g]rounds for reconsideration or issues on reconsideration that are not supported by specific explanation may be dismissed.” IDAPA 31.01.01.332. The Pagers have not requested a hearing for the introduction of additional evidence but have asked that Order No. 29064 be amended as set forth in their Petition.
The Commission finds that the complexity and number of issues raised in the Pagers’ Petition requires us to thoroughly review the record in this matter in order to render a decision. Because the Pagers do not seek to introduce additional evidence, the Commission finds the Petition and Answer shall be considered as the parties’ reconsideration briefs. The Commission shall render its decision on reconsideration based upon the pleadings of the parties and the record. Accordingly, the Commission shall grant the Pagers’ Petition for Reconsideration. The Commission anticipates issuing its final Order on Reconsideration no later than September 18, 2002.
O R D E R
IT IS HEREBY ORDERED that the Pagers’ Petition for Reconsideration is granted. The Commission shall reconsider its Order No. 29064 based upon the reconsideration pleadings submitted by the parties and the record in this matter.

DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this
day of August 2002.

PAUL KJELLANDER, PRESIDENT

MARSHA H. SMITH, COMMISSIONER

Commissioner Hansen did not
participate in this Decision
DENNIS S. HANSEN, COMMISSIONER

ATTEST:

Jean D. Jewell
Commission Secretary

O:USWT9924_dh2

The Petition was treated as a “complaint” against Qwest because the Pagers sought specific relief from Qwest’s conduct and billing practices. Order Nos. 29064 at n. 1, 28601 at n. 2, and 28427 at 5.

Also attached to the Petition was an Order from the Bankruptcy Court showing that one of the Pagers is a Chapter 7 debtor effective January 2002.

ORDER NO. 29109 1

Office of the Secretary
Service Date
September 3, 2002