Minnesota Office of Administrative Hearings

600 North Robert Street

Saint Paul, Minnesota 55101

 

Mailing Address:                                                                                                                              Voice:        (651) 361-7900

P.O. Box 64620                                                                                                                                   TTY:           (651) 361-7878

St. Paul, Minnesota 55164-0620                                                                                                   Fax:            (651) 361-7936

 

July 22, 2009

 

To All Persons on the Service List

 

BY U.S. MAIL AND eSERVICE

 

RE:     In the Matter of Qwest Corporation’s Conversion of UNEs to Non-UNEs and In the Matter of Qwest Corporation’s Arrangement for Commingled Elements; OAH Docket No. 3-2500-19047-2; MPUC Docket Nos. P421/C-07-370 and 07-371

 

As of July 1, 2009, eService is available through the PUC/Commerce eFiling system.  The official service list for the above dockets is now available through the system.  OAH will not continue to separately eFile service lists into the system.  Anyone wishing to file or serve a document in this docket must obtain the offiicial service list from the eService system.  The party filing must log in to the system through the web at: https://www.edockets.state.mn.us/EFiling/security/login.do?method=showLogin Immediately after you log in, an introductory screen will display an overview of the system.  The service list is available after identification of the docket and prior to the upload of the document(s) to be filed and served.

Where the filer chooses to have eService provide electronic service of the filed document, the system will provide an email with a link to each filed document.  For those receiving paper service, the system provides the option to print mailing labels (or export the mailing information in a variety of formats).  Where trade secret documents are being filed and served, the mailing list option includes the notation TS on those labels where service of trade secret documents is authorized.

The default for all new service lists is to not authorize access to trade secret documents, except for State employees who are governed by the Minnesota Data Practices Act.  Once a Protective Order is issued, all parties should check the service list in the system for their own status regarding access to trade secret information.  When the required Exhibit A to the Protective Order has been filed, that person will be listed as authorized to receive access to trade secret documents (either by paper service or electronically.  The authorization of the person on the service list will permit the viewing of trade secret documents for that docket by logging in to eDockets.

Although no Protective Order has been issued in the above dockets, a single trade secret document has been filed.  To ensure that all parties have electronic access to the entire record, a proposed protective order should be submitted to Judge Sheehy for issuance.  If the parties agree, Judge Sheehy could use a standard Protective Order, such as that used in MPUC Docket No. IC-06-768.

If, after issuance of the protective order and submission of an executed Exhibit A, your status regarding trade secret data is not listed, please contact Staff Attorney Michael Lewis by telephone or email (651-361-7840 or Michael.Lewis@state.mn.us).  Please include the unique document number of the eFiled Exhibit A with your inquiry.

There is one aspect of eService that does not comport with the existing contested case service process.  In the contested case process, a person can receive both paper and email service of documents.  Under eService, only one option (paper or electronic) is available.  Any party receiving paper service is encouraged to subscribe to the docket to obtain electronic notification of filing in addition to the paper copy that will be served by the filer.  Subscription is available through the eDockets system at: https://www.edockets.state.mn.us/EFiling/subscription/createSubscription.do?method=subscribeNew

Using eService does not change the filer’s obligation to provide proof of service to the service list.  Where possible, the service list generated by the system should be appended to the affidavit of service and eFiled together with the document being served and filed.  An example accompanies this letter.  Where incorporation into a single document is not technically feasible, a separate eFiling of the service affidavit and attached list is permissible.

The introduction of new technologies at the Commission, the Department of Commerce, and OAH are causing changes in long-standing practices in contested case proceedings.  The goal of these changes is to provide a process that is more transparent and ultimately easier to use.  Your patience is appreciated as these changes are incorporated into our filing and hearing processes.

 

Sincerely,

         

/s/ Michael W. Lewis

 

          MICHAEL W. LEWIS

          Staff Attorney

 

          Telephone: 651-361-7840

 

Enclosure