20050721_1273.pdf

DECISION MEMORANDUM
TO:CO MMISSI 0 NER KJELLAND ER
COMMISSIONER SMITH
COMMISSIONER HANSEN
COMMISSION SECRETARY
COMMISSION STAFF
LEGAL
FROM:WELDON STUTZMAN
DATE:JULY 13, 2005
SUBJECT:CASE NO. ATT-04-
STIPULA TION AND JOINT MOTION TO DISMISS COMPLAINT WITH
PREJUDICE
On August 6, 2004, AT&T Communications of the Mountain States, Inc. (AT&T)
filed a complaint against Qwest Corporation alleging that Qwest had overcharged AT&T for use
of certain conduit facilities in Idaho. Qwest filed an Answer on August 31 , 2004, denying that it
had overcharged AT&T, and alleging that the relevant rates were controlled by contract. The
parties continued discussing their differences, and notified the Commission beginning February
, 2005, that they were engaged in settlement discussions. The parties in that initial letter and in
subsequent letters asked the Commission to hold the case in abeyance while they attempted to
resolve their dispute.
On July 12, 2005, the parties filed a Stipulation and Joint Motion to Dismiss the
Complaint with Prejudice. The Motion states that the parties reached a resolution on all of the
disputed issues, and requested that the Commission accept the settlement as a private dispute and
enter an Order dismissing the complaint.
Commission Rule of Procedure 274 states "the Commission may summarily accept
settlement of an essentially private dispute that has no significant implications for regulatory law
or policy or for other utilities or customers upon the written request of the affected parties.
Staff recommends the Commission summarily accept the private settlement of the parties in this
case and grant their Motion to Dismiss the case.
DECISION MEMORANDUM
Commission Decision
Should the Stipulation and Motion filed by the parties to dismiss the complaint be
approved?
, '
J ~
Weldon B. Stutzman
bls/M:ATTTO401 ws
DECISION MEMORANDUM