20220301Notice_of_Extension_of_Time_to_Respond_Order_No_35329.pdf

NOTICE OF EXTENSION OF TIME TO RESPOND
ORDER NO. 35329 1

Office of the Secretary
Service Date
March 1, 2022
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF A FORMAL
COMPLAINT BY RICHARD KEAVY
AGAINST QWEST CORPORATION D/B/A/
CENTURYLINK
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CASE NO. QWE-T-21-14

NOTICE OF EXTENSION OF
TIME TO RESPOND

ORDER NO. 35329

On December 2, 2021, Richard Keavy filed a formal complaint against Qwest
Corporation d/b/a/ CenturyLink (“Company”). Mr. Keavy was unsatisfied with the outcome of
the informal procedures to resolve his complaint and requested that the Commission open a
formal complaint against the Company. Mr. Keavy contends that the Company has failed in its
contractual obligation to him when he requests a Call Trace (*57)—a service offered by the
Company to its customers.
At the December 20, 2021, Decision Meeting, the Commission accepted Mr. Keavy’s
Formal Complaint. On January 12, 2022, the Commission mailed a Summons and copy of the
Formal Complaint to the Company via certified mail. The Summons directed the Company to
respond to Mr. Keavy’s allegations within 21 days—requiring a timely response by February 2,
2022. No response was received. On February 10, 2022, Staff contacted the Company’s counsel
to inquire why no response was filed. Staff’s Counsel Correspondence at 1.
On February 14, 2022, the Company requested an extension of time to respond to the
Formal Complaint, stating that—due to COVID-19 protocols—the Company’s attorney of record
never received the Formal Complaint. Company’s Request for Extension of Time at 2. However,
the Company admitted it accepted service of the Formal Complaint and Summons at an office in
Hood River, Oregon by and through Alisa Mooney on January 21, 2022.
The Commission now issues this Notice of Extension of Time to Respond, thereby
approving the Company’s request.
DISCUSSION AND FINDINGS
The Commission has authority under Rules 41, 51, 53, and 66 to grant a Company’s
request for an extension of time so long as the Company complies with Rule 53 of the IPUC
Rules of Procedure. See IDAPA 31.01.01.41, -51, -53, and -66.
NOTICE OF EXTENSION OF TIME TO RESPOND
ORDER NO. 35329 2

We find that the Company sufficiently stated fully the facts upon which the Petition
was based; the Company referred to the controlling legal authority; and properly prayed for
appropriate relief. We also find that allowing the extension of time does not affect the substantial
rights of Mr. Keavy.
The Commission finds that a misunderstanding may have occurred during process of
service by which the wrong representative of the Company was served through no fault of any
party. Accordingly, we find the proposed penalty for not timely responding to the summons is
not warranted in this case. The Commission finds that no prejudice or substantial harm will
likely come to Mr. Keavy because of a delayed response from the Company.
The Commission takes matters like this seriously. It is imperative that regulated
entities respond to the Commission in the manner prescribed. The Commission appreciates the
Company’s diligence to set procedures that will ensure an instance like this will not occur again.
O R D E R
IT IS HEREBY ORDERED that the Company’s request for an extension of time to
respond to Mr. Keavy’s Formal Complaint is granted. The Company is required to respond to
Mr. Keavy by 5:00 p.m. Mountain Standard Time on February 28, 2022.
THIS IS AN INTERLOCUTORY ORDER, not a final and appealable Order of the
Commission. The period of reconsideration will not begin until the final order is issued.
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NOTICE OF EXTENSION OF TIME TO RESPOND
ORDER NO. 35329 3

DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this 1st day
of March 2022.

ERIC ANDERSON, PRESIDENT

JOHN CHATBURN, COMMISSIONER

JOHN R. HAMMOND, JR., COMMISSIONER

ATTEST:

Jan Noriyuki
Commission Secretary

I:\Legal\TELECOM\QWE-T-21-14 Keavy\orders\QWET2114_NtcExtTime_tb.doc