20051003Motion for alteration of orders on remand.pdf

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EC:'EIVED
F:D r-"L""BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
Respondent/Respondent on Appeal.
IN THE MATTER OF THE JOINT
PETITION OF ROBERTY RYDER, d/b/a
RADIO PAGING SERVICE, JOSEPH B.
MCNEAL, d/b/a P AGEDA T A AND
INTERP AGE OF IDAHO, AND
TEL-CAR, INC., FOR A DECLARATORY
ORDER AND RECOVERY OF
OVERCHARGES FROM U.S. WEST
COMMUNICATIONS, INC.
ROBERT RYDER, d/b/a RADIO
PAGING SERVICE, et aI.
Petitioners/ Appellants
vs.
IDAHO PUBLIC UTILITIES COMMISSION
Respondent on Appeal
and
QWEST CORPORATION
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Case No. USW-99-
MOTION FOR ALTER-
ATION OF COMMISSION
ORDER NOS. 28626 AND
29603
Supreme Court Docket No.
29175
COME NOW, Petitioners/Appellants in the above-captioned matter and, pursuant
to Idaho Code Section 61-629, move this Commission for alteration of Order Nos. 28626
and 29603 , for the purpose of: 1) recalculating the interest owed Petitioners/Appellants
by QWEST from the rate of 6% per annum, as utilized by the Commission, to the rate of
12%, as ordered by the Idaho Supreme Court in its 2005 Opinion No. 99, and; 2) ordering
QWEST to comply with Order Nos. 29603 in its entirety, with interest recalculated, and
to pay the refund amounts set forth in that order to Petitioners/ Appellants within no more
PETITIONERS/APPELLANTS MOTION FOR ALTERATION OF COMMISSION
ORDER NOS. 28626 AND 29603.
than fourteen (14) days from the date of the order sought by this motion, said payment to
be strictly in the form of cash, or its equivalent, and not in the form of a billing credit, or
anYthing else.
This motion is supported by Petitioners/Appellants' brief, filed
contemporaneously herewith.
RESPECTFULLY SUBMITTED, this 3;rday of October, 2005.
frad Purdy cz.7"7
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PETITIONERS/APPELLANTS MOTION FOR ALTERATION OF COMMISSION
ORDER NOS. 28626 AND 29603.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on the ~iy of October, 2005, I caused to be
served the foregoing PETITIONERS/APPELLANTS MOTION FOR ALTERATION OF
ORDER NOS. 29626 AND 29603 on the following, by U.S. mail, postage prepaid, in
Case No. USW-99-24.
William J. Batt
Batt & Fisher
O. Box 1308
Boise, ID 83701
Don Howell
Deputy Attorney General
Idaho Public Utilities Commission
472 W. Washington St.
Boise, ID 83702
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Brad M. Purdy
PETITIONERS/APPELLANTS MOTION FOR ALTERATION OF COMMISSION
ORDER NOS. 28626 AND 29603.