980528.docx

May 28, 1998
Mary S. Hobson
Stoel Rives
101 S. Capitol Blvd., Suite 1900
Boise, ID 83702
Dear Mary,
After reviewing the discovery anwers recently served by U S WEST, the Staff has several concerns.  Although Staff and U S WEST are engaged in active discussions designed to reach an agreement on  how U S WEST’s costs should be determined in EAS cases, Staff believes that all parties should fully and properly respond to discovery.  There are no guarantees that agreement will be reached among all the parties to this docket and a hearing may still occur.  As you are aware, there are several intervenors.
These U S WEST responses do not in any way meet Commission requirements for discovery.  Answers are incomplete and in most cases are not responsive to the question actually asked.  In some cases, it appears that the person responding did not read the question.  For example, Staff requested U S WEST identify and explain any problems currently being experienced in the routes.  U S WEST answered:
USWC is currently compiling traffic data for the requested routes and will provide the requested information with the completed EAS study.
In response to a request for a diagram explaining how U S WEST anticipates routing traffic between the independent company exchanges and the exchanges within U S WEST regions, U S WEST answered:
USWC is currently compiling traffic data for the requested routes and will provide the requested information with the completed EAS study.
In response to the question “Does U S WEST currently share or use facilities with any other telephone carrier?” U S WEST responded:
USWC is currently compiling traffic data for the requested routes and will provide the requested information with the completed EAS study.
In response to the request “Itemize all capital expenditures U S WEST anticipates incurring if EAS is provided over any shared facilities, identifying the projected revenue impact on U S WEST?” U S WEST responded:
USWC is currently compiling traffic data for the requested routes and will provide the requested information with the completed EAS study.
In response to the question “Describe any facility upgrades or new equipment (including switch software) or other network costs that would be required to implement EAS on the routes included on Attachments 1 and 2.” U S WEST responded:
USWC is currently compiling traffic data for the requested routes and will provide the requested information with the completed EAS study.
In response to the question “Does U S WEST foresee any significant problems in facilitating the EAS routes described in Attachments 1 and 2?” U S WEST responded:
USWC is currently compiling traffic data for the requested routes and will provide the requested information with the completed EAS study.
By this time U S WEST should have all the information necessary to establish its costs for implementing EAS and answers that U S WEST is compiling traffic data are inadequate.  Some of the routes listed in the attachments are EAS routes that have already been subject to technical and public hearings -- cases that are now closed.
As you recall, this schedule was reached by Stipulation between U S WEST and the Staff.  In several instances Staff’s proposed schedule was changed to meet U S WEST’s needs.  U S WEST’s direct testimony is due June 22, 1998, and all additional discovery requests must be served on or before July 7, 1998.  Moreover, U S WEST failed to indicate the name of the person(s) preparing the answers, along with the job title of such person(s) and identify the witness who can sponsor the answer at hearing for each item.  This information is absolutely necessary.  For all responses, U S WEST must provide all workpapers on a 3.5" diskette with all underlying formulas in Excel 97 language.  No diskette was provided.
Staff is formally requesting U S WEST fully answer these discovery requests and indicate the name of the person(s) preparing the answers, along with the job title of such person(s) and identify the witness who can sponsor the answer at hearing for each item.  If we do not receive adequate responses to our discovery within seven (7) days of this letter, we will be forced to seek an order compelling discovery.  As we have discussed several times, the underlying data establishing U S WEST’s costs for implementing EAS is within U S WEST’s knowledge.  You have suggested that Staff has not presented its “counteroffer.”  However, because U S WEST has the underlying data, without U S WEST’s responses to discovery, Staff is limited in its abilities to prepare a counteroffer.
Thank you for your prompt response.
Sincerely,
Cheri C. Copsey
Deputy Attorney General
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