20031031MOU Amendment.pdf

STOEL
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A T T O R N E Y S AT LAW
MARY S. HOBSON
Direct [phone]
[e-mail]
October 31, 2003
VIA HAND D E L I V E R Y
Jean D. Jewell, Secretary
Idaho Public Utilities Coinmission
472 West Washington
Boise, ID 83702-5983
Re: MOU Amendment (LTP A facilitator funding)
Dear Ms. Jewell:
Enclosed is an amendment to the Memorandum of Understanding (MOU) between Qwest
Corporation and the Idaho Public Utilities Commission, executed by Qwest and the Commission
Staff, relating to Idaho's participation in the multi-state industry forum known as the Long Term
PID Administration (LTPA). This amendment pertains to use of Tier 2 payments to fund a
facilitator for the LTPA.
Please contact me it you have any questions concerning the enclosed. Thank you for your
assistance in this matter.
Sincerely Yours,
Enclosure
Cc Weldon Stutzman w/enclosure
O r e g on
W a s h i n g t on
C a I i r 0 r n i a
U t ah
I d a ho
AMENDMENT TO MEMORANDUM OF UNDERSTANDIN G
RELATIN G TO ADVANCIN G FUNDS TO PA Y LTP A FACILITATO R
This agreement amends the Memorandum of Understanding between Qwest
Corporation ("Qwest") and the Idaho Public Utilities Commission (the "Commission")
dated April 4, 2003 ("the MOU"), and provides terms and conditions under which Qwest
will advance funds to be used by states participating in the Long Term PID
Administrative Collaborative ("LTPA") for the purpose of hiring a facilitator ("LTP A
Facilitator"). At its September 4, 2003 Decision Meeting, the Commission approved
Staffs participation in the LTP A and authorized payment as set forth in this agreement.
1. Qwest will advance up to $50,000 during the period beginning October 1, 2003
and ending March 31, 2004 to pay the hourly charges and reasonable expenses of the
LTP A Facilitator selected by the participating states to organize and facilitate the
discussions and change processes associated with the work of the Multi-State
Collaborative for Long-Term PID Administration. The $50,000 cap described herein
shall represent the total amount Qwest will advance to the LTP A Facilitator and does not
represent an amount allocated to Idaho or any state, individually. All LTP A Facilitator
bills submitted for payment through advanced fimds will be provided to Qwest on a
monthly basis and paid by Qwest within 30 days of receipt.
2. Qwest shall be reimbursed for advanced payments to the LTP A Facilitator by
reducing, on a monthly basis, any Tier 2 amounts owed under the apphcable state
Performance Assurance Plan. In Idaho, the Idaho Special Fund and/or the Idaho
Discretionary Fund as provided in paragraph 2 of the parties' MO U will be reduced by
Idaho's pro rata share of the total amount paid the LTP A Facilitator for the previous
month. If there are insufficient Tier 2 funds to cover the necessary reimbursement for a
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given month, Qwest may reduce the Tier 2 payments in future months by any amount not
previously reimbursed, in addition to reimbursement for that individual month.
3. The reduction shall be identified as a line item on the Tier 2 payment summary
that Qwest provides to the Commission each month.
4. Any charges or expenses in excess of the reimbursable advances of $50,000 for a
six-month period, as specified herein, shall first be separately negotiated with the
approval of the state commissions, and then shall be paid on a pro rata basis by the
Commission out of accumulated Tier 2 funds or other fimds available to the Commission.
We, the undersigned, have reviewed this Amendment to the Memorandum of
Understanding and agree with the responsibilities outlined.
QAvest Cpijioration ^
Jojm F . Souba, Staff Advocate - Policy and Law-
iaho Regulatory Affairs
Idaho Public Utilities Commission
V, ^ —0 • Date: /o - ^ / -rg^
Weldon B. Stutzman Deputy Attorney General
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