HomeMy WebLinkAbout20040607Stipulation - Settlement Agreement.pdfJOHN R. HAMMOND, JR.
DEPUTY ATTORNEY GENERAL
IDAHO PUBLIC UTILITIES COMMISSION
PO BOX 83720
BOISE, ID 83720-0074
IDAHO BAR NO. 5470
Tele: (208) 334-0357
FAX: (208) 334-3762
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Attorney for the Staff of the Idaho Public Utilities Commission
DEAN J. MILLER (ISB No. 1968)
McDEVITT & MILLER LLP
420 WEST BANNOCK STREET
BOISE, ID 83702
Tele: (208) 343-7500
Fax: (208) 336-6912
Attorneys for aCMC, Inc.
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
IN THE MATTER OF THE STAFF'
PETITION TO INITIATE A COMMISSION
INVESTIGATION TO DETERMINE IF OCMC,
INC. VIOLATED THE TERMS OF ITS PRICE
LIST AND THE COMMISSION'S OPERATOR
SERVICES AND PAY TELEPHONE RULE
104.04.
CASE NO. GNR- T -04-
STIPULATION AND
SETTLEMENT AGREEMENT
COMES NOW the Staff of the Idaho Public Utilities Commission (Staff) and OCMC
Inc., an Indiana corporation, or its affiliates OPTIC OM, One Call Communications, AdvantTel
LiveTel, SuperTel, RegionTel or 1-800-MAX-SA VE (collectively, OCMC) by and through their
respective counsel of record and stipulate and agree as follows:
RECIT ALS
WHEREAS, on March 15, 2004, Staff filed herein a Petition to Initiate an
Investigation alleging and requesting that the Commission initiate an investigation to: 1) resolve
consumer complaints; 2) determine if aCMC is providing service in compliance with its Price
List; and 3) to decide if OCMC, Inc. has violated the Commission s Operator Services and Pay
Telephone Rule 104., IDAPA 31.51.01.104.04 between March 12 2002 and July 29 2003.
WHEREAS, on April 7, 2004, OCMC, a company that provides operator services in
Idaho as that term is defined in Rule 5.06 of the Commission s Operator Services and Pay
STIPULATION AND
SETTLEMENT AGREEMENT
Telephone Rules IDAP A 31.51.01.000, filed a Motion to Terminate Investigation wherein
OCMC disputed Staff s allegations and the legal basis therefore.
WHEREAS, as a result of the foregoing there is a dispute and disagreement between
Staff and OCMC which the parties desire to compromise and settle on the terms set forth below
pursuant to Commission Rule of Procedure 272, IDAPA 31.01.01.272.
TIPULA TI 0 N
In consideration of the foregoing, the parties agree as follows:
1. Payment by OCMC. Within thirty (30) days of the Commission s approval of
this Stipulation OCMC shall make a voluntary payment by check payable to the State of Idaho in
the amount of fifteen thousand dollars ($15 000) for deposit in a fund designated by the
Commission. This check shall be sent to the Commission Secretary.
2. Customer Reimbursements. Within thirty (30) days of the approval of this
Stipulation OCMC shall, either by credit or refund, make reimbursements to customers in the
amounts shown on Exhibit A attached hereto and made a part hereof.
3. No admission. It is acknowledged by that the payment above described and the
reimbursements above described are in compromise of a disputed claim and are not intended, nor
shall they be construed as, an admission of liability by OCMC.
4. Compliance. Without admitting or denying the allegations contained in the
Commission Staffs Petition, OCMC states that as of July 29, 2003 its services comply with its
Price List and Commission Operator Services and Pay Telephone Rule 104.04.
5. Voluntary Compliance. OCMC agrees that it will not engage in any future acts
practices or omissions that would constitute violations of Idaho Code, Title 62 or Commission
Rules.
6. No Press Release. The parties understand and acknowledge that it is within the
Commission discretion whether to issue a press release in any particular matter.
Notwithstanding that, neither party recommends issuance of a press release in conjunction with
this settlement or any Commission order respecting this Stipulation.
7. Commission Approval. This Stipulation shall be entered into the record in this
proceeding. The Parties recognize the complexity of the issues presented in this case, the
amount of resources and effort expended by the Parties thus far, and the length of time that has
elapsed since this case was first initiated. Thus, the Parties agree that this Stipulation presents an
STIPULATION AND
SETTLEMENT AGREEMENT
opportunity to finally resolve the issues in this case. This Stipulation is made to compromise
contested claims and is entered solely for the purpose of avoiding expense, inconvenience, and
uncertainty of further litigation. Furthermore, the Parties agree that this Stipulation represents a
reasonable resolution of the issues in this case and believe that it is in the public interest for the
Commission to approve it. The parties have negotiated this Stipulation as an integrated
settlement document. The parties recommend that the Commission accept this Stipulation
without material change or condition and upon doing so, issue its Order approving this
Stipulation as a reasonable resolution of this matter. If the Commission rejects all or any part of
this Stipulation, either party disadvantaged by such action shall have the right, upon written
notice to the Commission and the other party, within seven (7) days of the Commission s Order
to withdraw from this Stipulation.
8. No Additional Proceedings. The Parties acknowledge that the time period
covered by Staffs investigation in this matter is March 2002 through July 29 2003. Based on its
investigation, Staff will not file any additional formal proceedings against OCMC for the
conduct that it specifically alleged in its Petition the Company engaged in during the time period
above stated.
9. Warranty of Authority. The undersigned each represent and warrant that they
have authority to bind their respective clients to the terms of this Stipulation.
IDAHO PUBLIC UTILITIES
COMMISSION STAFF
~/ 1 dt OO
DATE J 0 mmond
Attorney General
Idaho Public Utilities Commission
OCMC, Inc.
D T ean J. Mil er
Attorney for aCMC, Inc.
STIPULATION AND
SETTLEMENT AGREEMENT
EXHIBIT A TO SETTLEMENT AGREEMENT
Juridiction Charge Credit Net Due Customer Call Date
Intralata $17.$6.$11.Ann M Voda 03/12/03
Intralata $10.$0.$10.Rod Benedetti 05/15/02
ntralata $16.$5.$10.Kelli Bills 04/26/03
Intralata $44.$0.$44. 30 Joleta Quigley 05/30/03
Intralata $31.$0.$31.Ross Tarter 05/30/03
08/20/02
Intralata $78.$46.$31.Tammy Lindt 08/23/02
08/24/02
Intralata $18.$7.$10.Robert Thompson 01/10/03
TOTAL REFUNDS DUE $150.
CERTIFICATE OF SERVICE
HEREBY CERTIFY THAT I HAVE THIS 6th DAY OF JUNE 2004 SERVED
THE FOREGOING STIPULATION AND SETTLEMENT AGREEMENT IN CASE
NO. GNR-04-, BY MAILING A COpy THEREOF POSTAGE PREPAID TO THE
FOLLOWING:
ANN C. BERNARD
OCMC, INC.
801 CONGRESSIONAL BLVD.
CARMEL, IN 46032
E-mail: ann.bemardCfgocld.com
DEAN J. MILLER
McD EVITT & MILLER, LLP
420 W. BANNOCK STREET
PO BOX 2564 - 83701
BOISE, ID 83702
E-mail: ioe(g2mcdevitt-miller.com
CT CORPORATION
300 N. 6TH STREET
BOISE, ID 83702
SECRETARY
CERTIFICATE OF SERVICE