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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 |
FOURTH
PREHEARING ORDER
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TO: All Persons on
the Attached Service List
In accordance with discussions with the parties during the telephone conference call held on September 23, 2010, IT IS HEREBY ORDERED as follows:
1. All responses in opposition to the Joint Petitioners’ Motion to Reconsider the September 21, 2010, Order on a Limited Basis or in the Alternative, to Certify the Motion for a Supplemental Protective Order to the MPUC and A Request for a Stay (“Motion to Reconsider or Certify”) shall be filed by 4:30 p.m. on Monday, September 27, 2010.
2. The Joint Petitioners’ request for a stay of the September 21, 2010, Order of the Administrative Law Judge is granted with respect to the specific documents that are at issue in the Joint Petitioners’ Motion to Reconsider or Certify.
3. The deadline for the filing of Intervenors’ surrebuttal shall be extended to Friday, October 1, 2010. The Joint Petitioners’ surrebuttal testimony shall remain due on September 27, 2010.
4. The prehearing conference previously scheduled for September 28, 2010, at 3:30 p.m. shall be continued to Monday, October 4, 2010, at 2:30 p.m. The prehearing conference will be held by telephone conference call. Parties wishing to participate in the conference call may do so by calling 1-888-742-5095 and entering Conference Code 3711523559#.
5. The evidentiary hearing shall remain scheduled for October 5-7, 2010. If necessary, additional hearing days will be scheduled to consider information obtained late in this proceeding.
6. Parties who wish to receive documents designated as “Highly Sensitive Trade Secret Information Subject to Additional Protection” shall execute Exhibit C attached to the Supplemental Protective Order and also submit a written request to Joint Petitioners.
7. The Supplemental Protective Order issued on September 21, 2010, is hereby modified to permit eFiling of documents containing “Highly Sensitive Trade Secret Information Subject to Additional Protection,” where appropriate. Such documents shall be filed in accordance with the following procedures:
a)
Any
document containing “Highly Sensitive Trade Secret Information Subject to
Additional Protection” shall be eFiled as a trade secret document in Docket
10-1012, which is a new docket that has been established solely for filing such
documents in the course of this proceeding.
Consistent with the Commission’s standards for filing trade secret
documents, a redacted document containing only public data must be eFiled at
the same time in Docket 10-1012. Where
the entire document or an entire attachment consists of trade secret
information, a single-page document describing the trade secret document or
attachment (including the number of pages of that trade secret document or attachment)
may be eFiled in place of redacting the entire document or attachment.
b)
When
eFiling, the filer must ensure that no trade secret data is included in the
description of the document or the file name of the PDF or Excel document, as
that data is available publicly through the eDockets system.
c)
Docket
10-1012 will have a unique service list containing only the names of authorized
state employees and persons who have signed Exhibit C to the Supplemental
Protective Order and are not otherwise prohibited from access to that
information.
d)
The
eFiling of a document containing “Highly Sensitive Trade Secret Information
Subject to Additional Protection” in Docket 10-1012 constitutes service on the
Commission and the Department of Commerce in Docket No. 10-456. The documents in Docket 10-1012 are deemed
included in the contested case record of Docket No. 10-456. After eFiling a document in Docket 10-1012,
the filer must file a public placeholder document in Docket No. 10-456. This placeholder document must contain the
name of the filing party, the date of eFiling, and the unique submission number
of the document containing “Highly Sensitive Trade Secret Information Subject
to Additional Protection” that was eFiled in Docket 10-1012. The filer must not eFile any documents
simultaneously (using the "More Dockets" button) in Docket 10-1012
and Docket 10-456 as this
would make documents containing “Highly Sensitive Trade Secret Information
Subject to Additional Protection” available to unauthorized persons.
s/Barbara
L. Neilson
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Administrative
Law Judge