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15-2500-15426-2 P-421/C-03-627 and 15-2500-15440-2 P-421/C-03-683 |
STATE OF MINNESOTA
OFFICE OF ADMINISTRATIVE HEARINGS
FOR THE PUBLIC UTILITIES COMMISSION
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PREHEARING ORDER |
A prehearing conference on both matters was held before Beverly Jones Heydinger, Administrative Law Judge, on June 11, 2003 at the Public Utilities Commission, 121 Seventh Place East, St. Paul, Minnesota.
The Appearances on behalf of the parties were the same for both matters. Dennis D. Ahlers and Brent L. Vanderlinden, Attorneys at Law, 730 Second Avenue South, Suite 1200, Minneapolis, MN 55402-2456, appeared on behalf of Eschelon Telecom, Inc. Jason D. Topp and Joan C. Peterson, Attorneys at Law, 200 South Sixth Street, Room 395, Minneapolis, MN 55402, appeared on behalf of Qwest Corporation. Steven H. Alpert, Assistant Attorney General, 525 Park Street, Suite 200, St. Paul, MN 55103-2106, appeared on behalf of the Department of Commerce. Mark Fournier, Commission staff, was also present.
Discussion was held among the parties. Having considered all of the comments, the Administrative Law Judge makes the following Prehearing Order.
Persons who wish to intervene in either matter must file a written petition to intervene with the Administrative Law Judge no later than July 15, 2003, as set forth in Minn. R. 1400.6200. Any objections to the petitions must be filed by July 25, 2003. A petition must be served upon all existing parties and the Commission. A Notice of Appearance must be filed with the Petition.
All requests for information shall be made in writing to the party from whom the information is sought with a copy of the request provided to all parties of record. The responding party shall make best efforts to provide the information to the requesting party within seven business days of receipt. Although the information need not be supplied to all other parties, it is encouraged. It is not necessary to file copies of the request or the information with the Administrative Law Judge. In the event the information cannot be supplied within seven business days, the responding party shall notify the requesting party in writing within five days of the request of the reason(s) it cannot provide the information, and the two parties shall work out a schedule for compliance. Requests and responses may be sent by facsimile transmission or electronic mail, with the assent of the recipient. All disputes concerning the reasonableness of discovery requests and the timing and sufficiency of responses shall be resolved by the Administrative Law Judge upon motion of a party.
III. Prehearing Motions
One of the issues in docket number P-421/C-03-627 (hereinafter docket 627) is whether Eschelon has the right to opt in to an agreement between Qwest and McLeod. The parties have agreed that there is minimal discovery required on this issue and have agreed to the following briefing schedule. Initial briefs: July 15, 2003; reply briefs, August 7, 2003.
An additional issue in docket 627, and two issues
in docket number
P-421/C-03-683 (hereinafter docket 683) will require some limited
discovery. The parties have agreed to
the following schedule: discovery
deadline, July 25, 2003; initial briefs, August 15, 2003; reply briefs, September
12, 2003.
The Administrative Law Judge will schedule a hearing on either motion if necessary.
All documents, excluding information requests and responses, shall be filed as follows:
A. The original and one copy shall be filed with the Administrative Law Judge.
B. One copy shall be served on each counsel of record.
A service list is attached hereto as Exhibit A and made a part hereof. Service and filing of documents is governed by Minn. R. 1400.5550. Service may be made electronically on a party with the consent of that party.
V. Trade Secrets and Proprietary Information
Persons filing documents containing proprietary information must comply with Minn. R. 7829.0500, and may seek a protective order.
The court reporter shall receive copies of any correspondence or pleadings that address the schedule in this matter.
No person has requested accommodation for a disability or appointment of an interpreter. The Office of Administrative Hearings shall be notified promptly if either an accommodation or interpreter is needed.
Dated this 16th day of June, 2003.
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BEVERLY JONES HEYDINGER |
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Administrative Law Judge |
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