Meet and Confer/Joint Case Management Statement

In order to expedite this proceeding, the parties shall immediately meet and confer regarding identification of any disputed legal and factual issues, possible development of a stipulation regarding the relevant facts, and a suggested schedule for the proceeding. Upon review of the complaint, it appears that hearings may be unnecessary, because the issues primarily involve tariff interpretation and damages, and the parties may be able to stipulate to the relevant facts. We therefore encourage the parties to discuss the possible resolution of this case without a hearing through the use of a stipulation and briefing.

The parties shall file a joint case management statement, which addresses the following issues, by no later than February 26, 2004:

· The status of any settlement discussions;

· The status of any necessary discovery;

· Any legal and factual issues that each party wants the Commission to decide;

· The need for an evidentiary hearing, and if so, a proposed hearing date, the number of hearing days required, and the number of witnesses that each party plans to call;

· A proposed schedule for the proceeding.

If the parties are able to stipulate regarding factual issues, the stipulation shall also be filed by no later than February 26, 2004.

In order to resolve this matter within 12 months, the Commission currently plans to hold any necessary evidentiary hearings by April 2004.