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OAH Docket No. 11-2500-21391-2 PUC Docket No. P-421, et al./PA-10-456 |
STATE OF
OFFICE OF ADMINISTRATIVE HEARINGS
FOR THE PUBLIC UTILITIES COMMISSION
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In the
Matter of the Joint Petition for Approval of Indirect Transfer of Control of
Qwest Operating Companies to CenturyLink |
ORDER
GRANTING MOTION
FOR
ADMISSION OF K.C. HALM PRO HAC VICE AND JOINT PETITIONERS’ MOTION FOR
MODIFICATION OF FIRST PREHEARING ORDER
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TO: All Persons on
the Attached Service List
Motion for Admission Pro Hac Vice
1. On September 30, 2010, Gregory R. Merz, counsel for Integra Telecom, Velocity Telephone, Level 3 Communications, and Charter Fiberlink, filed a Motion for Admission of K.C. Halm Pro Hac Vice. No objections to this Motion have been filed.
Joint Petitioners’ Motion for Modification of the First Prehearing
Order
2. On September 30, 2010, the Joint
Petitioners filed a motion to modify the portions of the First Prehearing Order
relating to (1) objections to the
qualifications of a witness or the admissibility of prefiled testimony, and (2)
discussion of new information in
witnesses’ summaries of prefiled testimony.
3. Paragraph 26 of the First Prehearing Order states that, “[e]xcept for good cause shown, objections by any party relating to the qualifications of a witness or the admissibility of any portion of the prefiled testimony of a witness shall be considered waived unless the objecting party states its objection by motion . . . no later than three days before the hearing begins.” Because the deadline for the filing of the Intervenors’ Surrebuttal Testimony has been extended to Friday, October 1, and the hearing is scheduled to begin on Tuesday, October 5, the Joint Petitioners maintain that there is good cause to modify the First Prehearing Order to permit them to object to any portion of the Intervenors’ Surrebuttal Testimony prior to the prehearing conference scheduled for 2:30 p.m. on Monday, October 4, 2010.
4. Paragraph 24 of the First Prehearing Order specifies that witnesses will be given ten minutes in which to summarize their prefiled testimony and required that, in order for witnesses to include new information in their summaries, a motion must be made showing good cause why that information was not addressed in prefiled testimony. Because the Intervenors’ Surrebuttal Testimony will not be filed until October 1, the Joint Petitioners request that their witnesses be permitted, during their summaries, to address any new issues that may arise in response to the Intervenors’ Surrebuttal Testimony.
5. No
objections have been filed to the Joint Petitioners’ Motion for Modification of
the First Prehearing Order.
Based on all of the files and proceedings in this matter, the Administrative Law Judge hereby makes the following:
ORDER
1. The Motion for Admission of K.C. Halm Pro Hac Vice is GRANTED.
2. The Motion for Modification of the First Prehearing Order is GRANTED.
a. The Joint Petitioners shall be permitted to file any objections to the Intervenors’ Surrebuttal Testimony by 2:00 p.m. on Monday, October 4, 2010.
b. During
their summaries, Joint Petitioners’ witnesses shall be permitted a limited
opportunity to address new issues in response to the Intervenors’ Surrebuttal
Testimony.
Date: October 1, 2010 s/Barbara L.
Neilson
______________________________________
Administrative
Law Judge