C. Motion to Strike

Qwest moves to strike CSD's July 22, 2002 letter and attachments which address CSD's opinion of the number of PIC disputes alleged against Qwest in 2001. CSD served this letter on the Commissioners and all parties after the oral argument in this case. Qwest argues that CSD's letter is a prohibited ex parte communication, that it is inaccurate, and should be stricken. CSD claims it was responding to a question by a Commissioner to provide more information, that its letter and graphs, like all items provided at oral argument, are not evidence, and there is nothing to strike from the record.

The record is ambiguous as to whether, during oral argument, the Commission requested CSD to supplement the oral argument transcript. However, none of the handouts and briefing boards used in oral argument will be received as exhibits. (See June 11, 2002 Assigned Commissioner and Administrative Law Judge Ruling Scheduling Oral Argument, page 3.) Because CSD was able to generally address Qwest's handouts and briefing boards in oral argument, and I do not want the oral argument debate to continue in numerous post-argument filings, Qwest's motion is granted insofar as the Commission shall not consider CSD's July 22, 2002 letter and attachments as evidence in making its decision in this case.

IT IS RULED that:

1. The exhibits set forth in Section A are received into evidence as of May 11, 2001.

2. Qwest's May 17, 2001 letter to admit as a late-filed exhibit a supplemental Complaint Report for the Second, Third, and Fourth Quarters of 2000 that Qwest filed with the Office of Ratepayer Advocates and CSD is denied. However, Qwest's May 17, 2001 letter request and attached CD will be placed in the correspondence file with the CD under seal as set forth in the ruling paragraph below.

3. The CD ram attached to Qwest's May 17, 2001 letter placed in the correspondence file, which contains customer-sensitive information, shall remain under seal and shall not be made accessible or disclosed to anyone other than Commission staff except on further order or ruling of the Commission, the Assigned Commissioner, the assigned ALJ, or the ALJ then designated as Law and Motion Judge.

4. The transcript corrections set forth in Section B are adopted.

5. The Commission shall not consider CSD's July 22, 2002 letter and attachments as evidence in making their decision in this case.

Dated September 13, 2002, at San Francisco, California.

		Janet A. Econome Administrative Law Judge

CERTIFICATE OF SERVICE

I certify that I have by mail, and by electronic mail, to the parties to which an electronic mail address has been provided, this day served a true copy of the original attached Administrative Law Judge's Ruling Addressing the Admission of Certain Exhibits, Transcript Corrections and Motion to Strike on all parties of record in this proceeding or their attorneys of record.

Dated September 13, 2002, at San Francisco, California.

Teresita C. Gallardo

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.

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