OAH Docket No. 11-2500-21391-2

PUC Docket No. P-421, et al./PA-10-456

 

 

STATE OF MINNESOTA

OFFICE OF ADMINISTRATIVE HEARINGS

FOR THE PUBLIC UTILITIES COMMISSION

 

 

 

In the Matter of the Joint Petition for Approval of Indirect Transfer of Control of Qwest Operating Companies to CenturyLink

 

    FOURTH PREHEARING ORDER

 

 

 

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.

 

Date:  September 24, 2010

                                                                                    s/Barbara L. Neilson

                                                                                    ______________________________________

                                                                                    BARBARA L. NEILSON

                                                                      Administrative Law Judge