Word Document

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

Utility Consumers' Action Network,

      Complainant,

    vs.

Tel West Companies, LLC (U-6114-C),

    Defendant.

Case 00-04-038

Utility Consumers' Action Network,

      Complainant,

    vs.

Choctaw Communications, Inc., d/b/a Smoke Signals Communications, (U-6008-C),

    Defendant.

Case 00-04-039

ADMINISTRATIVE LAW JUDGE'S RULING
SETTING A PREHEARING CONFERENCE (PHC)
AND REQUIRING WRITTEN PHC STATEMENTS

This ruling sets a PHC in the above-entitled matters before Administrative Law Judge (ALJ) Kenney, for 10:00 a.m., August 3, 2000, in the Commission Courtroom, State Office Building, 505 Van Ness Avenue, San Francisco, California. The purpose of the PHC is to (1) identify the parties to Case (C.) 00-04-038 and C.00-04-039, and (2) hear the parties' recommendations regarding the scope and schedule for these proceedings. Any party desiring an expedited or daily transcript of the PHC should advise the Chief Hearing Reporter by telephone at (415) 703-2288, no later than three days prior to the PHC. Any questions regarding the hearing date, time, or place, should be directed to the Commission's Calendar Clerk at (415) 703-1203.

This ruling also instructs the parties to file and serve written PHC statements by July 27, 2000.1 Each party's PHC statement should:

· State whether C.00-04-038 and C.00-04-039 should be consolidated.

· Identify the exact issues to be decided by the Commission. UCAN's response should be broken down by proceeding. For each issue, the party should identify (1) the specific information that needs to be included in the record in order for the Commission to decide the issue, and (2) the procedural means for placing the information in the record (e.g., written testimony, evidentiary hearings, briefs, etc.). Any party that believes an evidentiary hearing (EH) is necessary must provide the following information in its PHC statement: (i) the preliminary list of witnesses the party intends to call, with a brief description of the subject matter of each witness's testimony; (ii) proposed dates for the service of written testimony, reply testimony, and rebuttal testimony; (iii) proposed dates for the EH; (iv) the anticipated number of hearing days; and (v) proposed dates for post-hearing events (e.g., briefs, reply briefs, and submission date).

· Other matters the party wishes to present at the PHC regarding the scope and schedule of C.00-04-038 and/or C.00-04-039.

Each party shall bring extra copies of its PHC statement to the PHC and e-mail a copy of its PHC statement to the assigned ALJ at tim@cpuc.ca.gov. The e-mail copy should be in Microsoft Word.

Parties are encouraged to meet and confer prior to the PHC in order to file a joint PHC statement to the extent feasible. Each party shall make a presentation at the PHC regarding the matters set forth in its PHC statement. The order of presentation shall be UCAN followed by the defendants in C.00-04-038 and C.00-04-039, respectively.

IT IS RULED that:

1. A PHC shall be held in C.00-04-038 and C.00-04-039. The PHC is set for 10:00 a.m., August 3, 2000, in the Commission Courtroom, State Office Building, 505 Van Ness Avenue, San Francisco, California.

2. Each party shall file and serve by no later than July 27, 2000, a PHC statement that addresses the matters set forth in the body of this ruling. Each party must serve its PHC statement on the service lists for both C.00-04-038 and C.00-04-039.

3. Each party shall (i) bring extra copies of its PHC statement to the PHC, and (ii) e-mail a copy of its PHC statement to the assigned ALJ at tim@cpucu.ca.gov by no later than July 28, 2000. The e-mail copy should be in Microsoft Word.

4. Each party shall make an oral presentation at the PHC regarding the matters set forth in its PHC statement.

Dated July 14, 2000, at San Francisco, California.

CERTIFICATE OF SERVICE

I certify that I have by mail this day served a true copy of the original attached Administrative Law Judge's Ruling Setting a Prehearing Conference (PHC) and Requiring Written PHC Statements on all parties of record in this proceeding or their attorneys of record.

Dated July 14, 2000, at San Francisco, California.

NOTICE

Parties should notify the Process Office, Public Utilities Commission, 505 Van Ness Avenue, Room 2000, San Francisco, CA 94102, of any change of address to insure that they continue to receive documents. You must indicate the proceeding number on the service list on which your name appears.

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *

The Commission's policy is to schedule hearings (meetings, workshops, etc.) in locations that are accessible to people with disabilities. To verify that a particular location is accessible, call: Calendar Clerk (415) 703-1203.

If specialized accommodations for the disabled are needed, e.g., sign language interpreters, those making the arrangements must call the Public Advisor at (415) 703-2074 or TDD# (415) 703-2032 five working days in advance of the event.

1 The written PHC statements must be served on the service lists for both C.00-04-038 and C.00-04-039.

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