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STATE OF CALIFORNIA ARNOLD SCHWARZENEGGER, Governor

PUBLIC UTILITIES COMMISSION

505 VAN NESS AVENUE

SAN FRANCISCO, CA 94102-3298

June 7, 2004 Agenda ID #3589

TO: PARTIES OF RECORD IN CASE 04-02-024

Enclosed is the draft decision of Administrative Law Judge Bushey. The decision will not appear on the Commission's agenda for at least 30 days after the date it is mailed. The Commission may act then, or it may postpone action until later.

When the Commission acts on the draft decision, it may adopt all or part of it as written, amend or modify it, or set it aside and prepare its own decision. Only when the Commission acts does the decision become binding on the parties.

Parties to the proceeding may file comments on the draft decision as provided in Article 19 of the Commission's "Rules of Practice and Procedure." These rules are accessible on the Commission's website at http://www.cpuc.ca.gov. Pursuant to Rule 77.3 opening comments shall not exceed 15 pages. Finally, comments must be served separately on the ALJ and the assigned Commissioner, and for that purpose I suggest hand delivery, overnight mail, or other expeditious method of service.

/s/ Angela K. Minkin

Angela K. Minkin, Chief

Administrative Law Judge

ANG: avs

ALJ/MAB/avs DRAFT Agenda ID #3589

Decision DRAFT DECISION OF ALJ BUSHEY (Mailed 6/7/2004)

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

Wayne Ricky Elson Rudder, and Myrtle Rudder Johnson, his Mother, and others similarly situated,

              Complainant,

          vs.

MCI WorldCom Communications, Inc.
(U 5378 C),

              Defendant.

Case 04-02-024

(Filed February 27, 2004)

OPINION GRANTING MOTION TO DISMISS

Summary

This decision dismisses the complaint for failure to show a violation of law or order upon which the Commission can grant relief.

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