AES/hl2 6/02/2003

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

Pasadena Neighborhood Coalition, Complainant, vs. Altrio Communications, Inc., Defendant.

Case 02-11-053 (Filed November 19, 2002)

ADMINISTRATIVE LAW JUDGE'S RULING ON PASADENA

NEIGHBORHOOD COALITION'S MOTION TO COMPEL

Background

Complainant Pasadena Neighborhood Coalition (Coalition) alleges that defendant Altrio Communications, Inc. (Altrio) is in violation of the requirements of Decision 01-07-022 (July 12, 2001), which granted Altrio a limited Certificate of Public Convenience and Necessity to provide competitive local exchange services in communities in Los Angeles, Orange, and Ventura counties. At the prehearing conference (PHC) held on February 28, 2003, the parties discussed discovery. The Scoping Memo and Ruling of Assigned Commissioner issued March 19, 2003 identified the issues in the proceeding and set a schedule for discovery, with formal discovery ending May 12, 2003.

On April 14, 2003, the Coalition filed a Motion for an Expedited Order Compelling a Response from Altrio to the Coalition's First Set of Data Requests, Approving Non-disclosure and Protective Agreement and Establishing a Discovery Response Period. The Administrative Law Judge (ALJ) informed counsel for the parties by electronic mail of the ruling that the time to respond to the motion to compel was shortened to April 21, 2003. The parties participated in oral argument by telephone on April 29, 2003. Further argument, addressed to the request for a nondisclosure agreement, was held by telephone on May 5, 2003. The ALJ ruled orally at each of these telephone conferences, and the parties have completed discovery in accordance with the oral rulings. This Ruling formalizes those rulings.