Discussion
There is no reason to doubt TD's assertion that it needs additional time to file its audit report. Therefore, to provide TD with more time, the schedule for Phase 2 is revised as follows:
Revised Phase 2 Schedule
Event
Date
Pacific and Verizon File Service Quality Compliance Reports
January 15, 2002
TD Files Pacific Audit Report.
February 22, 2002
Pacific Files Response to TD's Audit Report
April 15, 2002
(Deadline for Pacific's response will not change if TD files its audit report earlier than Feb. 22, 2002.)
Parties Submit Surveys on Service Quality
April 15, 2002
Written Testimony
Opening Testimony: May 15, 2002
Reply Testimony: June 7, 2002
Motions to Strike
Motions to Strike: June 28, 2002
Replies to Motions: July 12, 2002
Evidentiary Hearings
July 22 - August 2, 2002
Briefs re: Phase 2 Issues
Opening Briefs: August 16, 2002
Reply Briefs: August 30, 2002
Draft Decision re: Phase 2
October 2002
In order to keep this proceeding on track for finishing within 18 months as contemplated by SB 960, the revised schedule adopted by this ruling reduces by five days the amount of time that Pacific has to respond to TD's audit report4 as well as the amount of time that parties have to file Phase 2 opening briefs. Reducing the amount of time that Pacific has to respond to TD's audit report should not unduly disadvantage Pacific, since Pacific will have additional opportunities to respond via written testimony and briefs.
TURN's concern that revising the Phase 2 schedule will impede its ability to participate in this proceeding is well taken. However, the public interest is better served by revising the schedule to provide TD with adequate time to complete its audit report than retaining the existing schedule so as not to impede TURN's ability to participate. Nonetheless, TURN may work with all other parties to reach an agreement on a revised schedule that satisfies TURN's needs and stays within the overall 18-month deadline for completing this proceeding. If such an agreement is reached, TURN may file a motion to have it adopted.
After TD has completed its audit report, it should serve a non-redacted copy of the report to the assigned Commissioner, the assigned Administrative Law Judge (ALJ), ORA, Pacific, and any party that has signed Pacific's Non-Disclosure Agreement.5 Pacific will have three business days to review the report for confidential information and submit proposed redactions to TD.6 In identifying the proposed redactions, Pacific should adhere to the standards for placing information under seal that are contained in the ruling issued by the assigned ALJ on January 8, 2002. Before the audit report becomes part of the formal file in this proceeding, it will be Pacific's obligation to file a timely motion to place the redacted portions of the audit report under seal.
TD should prepare a redacted version of its full audit report as soon as possible. Once the redacted version is available, TD should provide a copy to the assigned Commissioner, the assigned ALJ, ORA, and any party that has previously requested a copy of the redacted report. TD should also file and serve notice that both redacted and non-redacted versions of its report are available. TD shall thereafter provide a copy of its redacted audit report to any party that requests a copy.
TD may supplement its audit report if it receives data responses from Pacific that TD was unable to incorporate into its audit report released on or before February 22, 2002. When issuing a supplement, TD and Pacific should follow the previously described protocols. Pacific may file and serve comments on any supplement no later than 10 days after the supplement is issued. Parties may address any supplements in their Phase 2 testimony.
Therefore, IT IS RULED that:
1. The schedule for Phase 2 is revised as set forth in the body of this ruling.
2. The Utility Reform Network (TURN) may file a motion that seeks to revise the schedule for this proceeding in a way that satisfies TURN's needs. The proposed schedule must (i) have the unanimous consent of the other parties, and (ii) stay within the overall 18-month deadline for completing this proceeding.
3. The Telecommunications Division (TD) and Pacific Bell Telephone Company (Pacific) shall follow the protocols regarding TD's audit report, and any supplements thereto, that are described in the body of this ruling.
4. Pacific shall promptly provide written notice to TD any time Pacific obtains a signed non-disclosure agreement from a party that seeks to obtain a copy of TD's non-redacted audit report and any supplements thereto.
5. Pacific's motion to extend the schedule for Phase 2 is granted and denied to the extent set forth in the previous ruling paragraphs.
Dated January 31, 2002, at San Francisco, California.
/s/ TIMOTHY KENNEY
Timothy Kenney
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 Regarding Pacific Bell Telephone Company's (Pacific's) Motion to Modify the Schedule for Phase 2 on all parties of record in this proceeding or their attorneys of record.
Dated January 31, 2002, at San Francisco, California.
/s/ TERESITA C. GALLARDO
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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The Commission's policy is to schedule hearings (meetings, workshops, etc.) in locations that are accessible to people with disabilities. To verify that a particular location is accessible, call: Calendar Clerk (415) 703-1203.
If specialized accommodations for the disabled are needed, e.g., sign language interpreters, those making the arrangements must call the Public Advisor at (415) 703-2074 or TTY# 1-866-836-7825 or (415) 703-5282 at least three working days in advance of the event.
4 This ruling reduces the amount of time that Pacific has to respond to TD's audit report from 57 days to 52 days.
5 As is the case with pre-filed testimony, the report should be served on the parties, but not filed with the Docket Office. Pacific should provide TD with written notice anytime Pacific obtains a signed non-disclosure agreement from a party that seeks a copy of TD's non-redacted audit report.
6 Nothing in this ruling limits the discretion of the Commission to release a summary of the audit report - with any potentially confidential information redacted - to the parties and the public, prior to Pacific's submission of proposed redactions.
