Qwest's Production of Documents
In addition to discussing the Special Access DRs, Qwest and SBC also discussed Qwest's production of its planning documents. As ordered, Qwest made available to SBC planning documents (327 pages) on a no copies basis at 4:00 p.m. on July 29. SBC has reviewed those documents. Qwest expected to produce additional documents on August 3rd (as ordered), but also advised SBC that it was still awaiting documents from one Executive Vice President, whose documents will not be available for review by Qwest counsel until Wednesday, August 3rd. As a result, and depending on the volume, Qwest reports that it may not be able to produce those documents in its no copies room until Thursday. Qwest anticipates that any documents this Executive Vice President has will be duplicative of documents already produced because Qwest has already polled each VP reporting to said Executive Vice President, and Qwest has produced documents from those VPs.
Qwest claims that it has been diligent in pursuing responsive planning documents, to abide by the spirit and letter of the ALJ's rulings. Qwest believes that it has already produced documents reflecting Qwest's strategic, business and marketing plans. Qwest asks the ALJ to provide Qwest an extra day to provide any additional documents obtained from the Executive Vice President. Qwest agrees to do everything it can to have the documents in San Francisco on August 3, but does not believe SBC will be harmed if documents are produced on Thursday, rather than Wednesday.
IT IS RULED that
1. The motion of Qwest to compel production of responses to its second and fourth sets of data requests is granted, in part, and denied, in part, as discussed above.
2. Applicants shall not be compelled to produce further data in response to the second or fourth sets of data requests beyond those items specifically outlined in the discussion above, and subject to confirmation that they, in fact, have provided Bates number identification for the pertinent documents provided.
3. The motion of Qwest seeking a deposition is hereby denied on the basis that it is untimely.
4. Qwest shall complete its production of its planning documents, as outlined above, by close of business on Thursday August 4, 2005.
Dated August 4, 2005, at San Francisco, California.
/s/ THOMAS R. PULSIFER
Thomas R. Pulsifer
Administrative Law Judge
CERTIFICATE OF SERVICE
I certify that I have by mail, and by electronic mail to the parties for whom an electronic mail address has been provided, this day served a true copy of the original attached Administrative Law Judge's Ruling Motion to Compel and for Deposition by Qwest Communications Corporation on all parties of record in this proceeding or their attorneys of record.
Dated August 4, 2005, at San Francisco, California.
/s/ JANET V. ALVIAR
Janet V. Alviar
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.
