20060925_1678.pdf

DECISION MEMORANDUM
TO:COMMISSIONER KJELLANDER
COMMISSIONER SMITH
COMMISSIONER HANSEN
COMMISSION SECRETARY
COMMISSION STAFF
LEG AL
FROM:WELDON STUTZMAN
DATE:SEPTEMBER 12, 2006
SUBJECT:CASE NO. QWE- T -06-
DISMISSAL OF FORMAL COMPLAINT BY DENNIS J. SALLAZ
AGAINST QWEST CORPORATION
On March 7, 2006, a formal complaint was filed by Dennis 1. Sallaz against Qwest
Corporation. In correspondence dated April 11 , 2006, Qwest's attorney informed Staff that the
Company was attempting to resolve the issues raised in Mr. Sallaz s complaint. On August 11
2006 , Qwest's attorney sent a letter to Staff advising that a satisfactory resolution had been
reached between the parties. Qwest asked "that the Commission review this matter and take the
necessary steps to dismiss the complaint." On August 17, 2006, Staffs attorney sent a letter to
Mr. Sallaz asking for confirmation that the complaint against Qwest may be dismissed. The
letter instructed Mr. Sallaz that if he did not respond within seven days, Staff would "accept
Qwest's representation that the issues are fully resolved " and Staff would recommend dismissal
of the complaint. A copy of the August 11 2006 correspondence from Qwest and the August 17
2006 correspondence to Mr. Sallaz from Staff are attached.
Based on the representation by Qwest that the matter has been resolved, and the lack
of response or other activity regarding the complaint by Mr. Sallaz, Staff recommends that the
complaint in Case No. QWE- T -06-5 be dismissed, but without prejudice for Mr. Sallaz to refile
the complaint should issues remain unresolved.
DECISION MEMORANDUM
COMMISSION DECISION
Should the complaint in Case No. QWE-06-5 be dismissed without prejudice?
Weldon B. Stutzman
bls/M:QWE- T-O6-05 - ws
DECISION MEMORANDUM
Mary S. Hobson
Attorney & Counselor
999 Main, Suite 1103
Boise, ill 83702
208-385-8666
April 11 2006
VIA HAND DELIVERY
Weldon Stutzman
Idaho Public Utilities Commission
472 West Washington
Boise, ill 83702-5983
RE:Sallaz Formal Complaint; Docket No. QWE-06-
Dear Mr. Stutzman:
This will confmn our telephone conversation this afternoon in which I told you that
Qwest is seeking to reach an agreement with the Complainant in the above referenced
matter in an effort to avoid litigation ofthis claim and further use of Commission
resources. However, due to my travel and Mr. Sallaz s trial schedule we have had the
opportunity to discuss possible resolution of this issue to date.
Please let me know if the Commission requires any additional response from Qwest prior
to the time the parties are able to meet and discuss this matter.
Very truly yours
Mary S. Hobson
. Enclosurescc: Dennis J. Sallaz
STATE OF IDAHO
OFFICE OF THE ATTORNEY GENERAL
LAWRENCE G. WASDEN
August 17 2006
Dennis 1. Sallaz
Sallaz & Gatewood, Chartered
rooo S. Roosevelt
Boise)D 83705
Re:Formal Complaint Against Qwest Corporation
Case No. QWE-O6-
Dear Mr. Sallaz:
Following my inquiries, yesterday I received a letter from.Mary Hobson, the attorney for Qwest
Corporation, advising me that you and Qwest resolved the issues in your complaint filed with the
Commission on March 7, 2006. According to the letter I received from Ms. Hobson, the matter
has been fully resolved and the complaint can be dismissed. Please confirm for me that the
complaint against Qwest can be dismissed. If you believe the matter has not been resolvedplease propose a procedural schedule to process the complaint.
Thank you for your attention to this matter. If I do not hear from you within seven days, I will
accept Qwest's representation that the issues are fully resolved, and I will recommend to the
Commission that the formal complaint in Case No. QWE-06-5 be dismissed.
Sincerely,
~""
.1 .
Weldon B. Stutzman
Deputy Attorney General
b!s/Lsalle.z ws
Contracts & Administrative Law Division, Idaho Public Utilities Commission
O. Box 83720, Boise, Idaho 83720-0074, Telephone: [phone], FAX: [phone], E-mail: Ipuc~puc.state.id.
Located at 472 West Washington St, Boise, Idaho 83702