III. Consolidation of 2001 and 2002 UNE Reexaminations

In a May 21, 2002 ruling, the assigned ALJ asked parties whether the Commission should consolidate the applications pertaining to the 2002 UNE Reexamination with the final phase of the 2001 UNE Reexamination. Joint Applicants, TURN and ORA supported consolidation of the cases. Pacific and XO did not oppose consolidation, but cautioned that it opposed any result that would delay the determination of final loop and switching costs.

We have no reason to believe that consolidation will delay the final phase of the 2001 Reexamination of loops and switching. At the same time, consolidation of 2002 nominations with the ongoing 2001 UNE review will expedite a result in the 2002 UNE Reexamination. Without consolidation, the 2002 case would most likely not be handled until after completion of the 2001 UNE Reexamination. In PHC statements and again at the PHC, the parties have assured us that they can perform cost studies of loops and switching, and any other UNEs accepted from the list of 2002 nominations, within the same time frame. Therefore, we will consolidate the 2001 UNE Reexamination with the 2002 UNE Reexamination.