4. Relevant Meetings
Prior to Wednesday, June 14, 2006, Fenikile, who previously worked for the Commission for 14 years and as a personal advisor to a Commissioner for eight years, contacted Lester Wong, personal advisor to President Peevey, and Timothy Sullivan, personal advisor to Commissioner Chong, to schedule a meeting about the pending Rules Motion and the request for generic review of Section 2883 issues. That meeting was held on June 14, starting at 10:00 a.m., at the Commission's offices, and lasted for one hour. The meeting was attended by Fenikile, Wong, Sullivan, Garrett, Tobias, Rhonda Johnson (AT&T), and a summer intern in Commissioner Chong's office. On his way to the meeting, Fenikile indicated he ran into Robert Lane, personal advisor to Commissioner Bohn, and informed Lane that he was there to meet with Sullivan and Wong on a motion concerning a section of the Public Utilities Code. Fenikile testified that he had no other meeting with Lane on the subject. Fenikile also encountered Aram Shumavon, personal advisor to Commissioner Brown (the assigned Commissioner for these complaint proceedings) and again mentioned his meeting with Wong and Sullivan. Fenikile invited Shumavon to meet with them; Shumavon accepted and said he was available the following day.
The second meeting was held on Thursday, June 15, also at the Commission and also lasting one hour. This meeting involved Fenikile, Garrett, Shumavon, and Peter Hanson, another personal advisor to Commissioner Brown.
Fenikile had prepared a seven-page PowerPoint presentation that was presented at both meetings.19 He received revisions from Garrett.20 UCAN was unaware of either meeting and did not attend.21 No ex parte notice was filed concerning either meeting.
On Monday, June 19, 2006, the Presiding Officer in these adjudicatory proceedings learned of the Thursday, June 15, 2006, meeting between AT&T's and Cox's representatives and personal advisors for one or more Commissioners. The Presiding Officer received this information in a non-privileged communication from Hanson. The Joint Ruling of the assigned Commissioner and the Presiding Officer was issued on June 26. An evidentiary hearing on the allegations set forth in the Joint Ruling was held on July 7, 2006, before the assigned Commissioner and the Presiding Officer. Fenikile, Holland, Garrett, and Tobias were examined under oath and afforded the opportunity to supplement the record.
19 See Attachment A, Declaration of Fassil Fenikile (June 30, 2006) (Ex. No. 3).
20 1 RT 34:18-19 (Fenikile).
21 Declaration of Alan M. Mansfield (June 30, 2006).
