3. Procedural History
On July 3, 2008, UCAN filed a motion recommending how the Commission should dispose of the monies remaining in Funds A and B and attached the balance sheets, as of April 30, 2008, for each fund. By ruling filed August 6, 2008, the Administrative Law Judge (ALJ) directed UCAN to amend its motion to more fully explain its rationale and authorized other parties to file responses. UCAN filed an amended motion on August 29, 2008. No responses were filed. On February 23, 2009, at the ALJ's request, UCAN filed a second amendment to its motion, updating the Funds A and B balances as of January 31, 2009. Again, no responses were filed
The ALJ's proposed decision, mailed on April 7, 2009, recommended that the Commission grant UCAN's motion.4 On April 27, 2009, AT&T concurrently filed (1) an additional status report, which also sought modification of Ordering Paragraph 1 of D.08-02-015, and (2) comments on the proposed decision, which sought additional relief. On May 1, 2009, UCAN filed a reply to AT&T's comments.
Thereafter, the April 7, 2009 proposed decision was withdrawn. By ruling on May 26, 2009, the ALJ set a telephone conference call for June 12 to discuss the various issues raised by AT&T and UCAN and directed them to be prepared to respond to a number of questions set out in that ruling. On June 12, 2009, prior to the telephone conference call, AT&T and UCAN filed a joint exhibit addressing questions in the May 26 ruling. On June 19, 2009, AT&T filed a brief on several of those questions.
4 Proposed Decision of ALJ Vieth, entitled "Decision Granting Motion of Utility Consumers' Action Network for Distribution of Residue of Reparations Funds to the Telecommunications Consumer Protection Fund. "
