00024 1 BEFORE THE WASHINGTON UTILITIES AND TRANSPORTATION 2 COMMISSION 3 In the Matter of the Pricing ) Proceeding for Interconnection, )DOCKET NO. UT-960369 4 Unbundled Elements, Transport and ) Termination, and Resale ) 5 -----------------------------------) ) 6 In the Matter of the Pricing ) Proceeding for Interconnection, )DOCKET NO. UT-960370 7 Unbundled Elements, Transport and ) Termination, and Resale for ) 8 U S WEST COMMUNICATIONS, INC. ) -----------------------------------) 9 ) In the Matter of the Pricing ) 10 Proceeding for Interconnection, )DOCKET NO. UT-960371 Unbundled Elements, Transport and ) 11 Termination, and Resale for ) VOLUME 3 GTE NORTHWEST INCORPORATED ) Pages 24 - 47 12 -----------------------------------) 13 14 A pre-hearing conference in the above matter 15 was held at 10:00 a.m. on March 13, 1997, at 1300 16 South Evergreen Park Drive Southwest, Olympia, 17 Washington before Administrative Law Judge TERRENCE 18 STAPLETON. 19 20 The parties were present as follows: 21 GTE NORTHWEST INCORPORATED, (via bridge) by RICHARD E. POTTER, Associate General Counsel, 1800 22 41st Street, (5LE) Everett, Washington 98201. 23 SPRINT COMMUNICATIONS COMPANY, LP, (via bridge) by CAROL MATCHETT, Attorney at Law, 1850 24 Gateway Drive, Seventh Floor, San Mateo, California 94404-2467. 25 Cheryl Macdonald, Court Reporter 00025 1 APPEARANCES (Cont'd.) 2 U S WEST COMMUNICATIONS, INC., (via bridge) by LISA ANDERL, Attorney at Law, 1600 Bell 3 Plaza, Room 3206, Seattle, Washington 98181. 4 AT&T COMMUNICATIONS, (via bridge) by DANIEL WAGGONER, Attorney at Law, 2600 Century Square, 1501 5 Fourth Avenue, Seattle, Washington 98101 and (via bridge) by SUSAN D. PROCTOR, Attorney at Law, 1875 6 Lawrence Street, Suite 1575, Denver, Colorado 80202. 7 MCI COMMUNICATIONS, MCI METRO, TELECOMMUNICATIONS RESELLERS ASSOCIATION, and 8 WORLDCOM, INC., (via bridge) by BROOKS HARLOW, Attorney at Law, 4400 Two Union Square, 601 Union 9 Street, Seattle, Washington 98101. 10 TCG SEATTLE and NEXTLINK WASHINGTON, LLC, (via bridge) by GREGORY J. KOPTA, Attorney at Law, 11 2600 Century Square, 1501 Fourth Avenue, Seattle, Washington 98101. 12 FRONTIER TELEMANAGEMENT, (via bridge) by 13 SARA SIEGLER MILLER, Attorney at Law, 2000 NE 42nd, Suite 154, Portland, Oregon 97213. 14 UNITED TELEPHONE COMPANY OF THE NORTHWEST, 15 (via bridge) by SETH M. LUBIN, General Counsel/Secretary, 902 Wasco Street, Hood River, 16 Oregon 97031. 17 WITA, by RICHARD A. FINNIGAN, Attorney at Law, 2405 Evergreen Park Drive SW, Suite B-1, Olympia, 18 Washington 98501. 19 TRACER, (via bridge) by ARTHUR A. BUTLER, Attorney at Law, 601 Union Street, Suite 5450, 20 Seattle, Washington 98101-2327. 21 THE WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION STAFF, by GREGORY J. 22 TRAUTMAN and SHANNON E. SMITH, Assistant Attorneys General, 1400 South Evergreen Park Drive Southwest, 23 Olympia, Washington 98504-0128. 24 25 00026 1 P R O C E E D I N G S 2 JUDGE STAPLETON: This hearing will please 3 come to order. This is a pre-hearing conference in 4 docket Nos. UT-960369, 960370 and 960371 scheduled by 5 prior notice for today, Thursday, March 13, 1997. 6 We're convened on the Commission's teleconference 7 bridge in Olympia, Washington for Administrative Law 8 Judge Terrence Stapleton. Why don't I -- perhaps it 9 would be easier if I sort of lead us through, and then 10 if I get someplace where somebody is there whose name 11 I don't have or assumed to be there, they can enter 12 their appearance. 13 For U S WEST. 14 MS. ANDERL: Lisa Anderl. 15 JUDGE STAPLETON: For GTE. 16 MR. POTTER: Richard Potter, and Steve 17 Sanchez is also here with me. 18 JUDGE STAPLETON: Is TRACER on the line? 19 MR. BUTLER: Yes. Art Butler for TRACER. 20 JUDGE STAPLETON: AT&T. 21 MR. WAGGONER: Daniel Waggoner and Susan 22 Proctor for AT&T. 23 JUDGE STAPLETON: MCI. 24 MR. HARLOW: Brooks Harlow for MCI. 25 JUDGE STAPLETON: Frontier Telemanagement? 00027 1 SCS? Public counsel? 2 MR. FFITCH: Simon ffitch on the line for 3 public counsel, and I would like to make a statement 4 for the record at this time. As you know, the parties 5 have been requested a consent to my participation 6 proceeding. The Commission has been also asked to 7 consent. According to our records we have received 8 written consents from all parties and from the 9 Commission with one exception. That is Rick Finnigan. 10 Mr. Finnigan has advised me by telephone that there's 11 no objection to my participating on behalf of public 12 counsel and that he will be following that up with 13 written, with written confirmation, so I wanted to get 14 that out on the record in case there was any objection 15 or any party wished to comment. 16 JUDGE STAPLETON: Thank you. Does anyone 17 express any objection whatsoever to Mr. ffitch's 18 participation on behalf of public counsel? Hearing 19 none Mr. ffitch will be entered in the record as 20 public counsel for this proceeding. 21 For WITA. 22 MR. FINNIGAN: Richard Finnigan. 23 JUDGE STAPLETON: And for -- what's that 24 other group -- Commission staff. 25 MR. TRAUTMAN: Greg Trautman and Shannon 00028 1 Smith. 2 JUDGE STAPLETON: Thank you. There has 3 been -- 4 MR. KOPTA: Excuse me. This is Greg Kopta 5 for TCG Seattle and NextLink Washington LLC. 6 MR. LUBIN: For United Telephone of the 7 Northwest, Seth Lubin. Also have Kim Peters and 8 (inaudible). 9 MS. MATCHETT: Carol Matchett for Sprint 10 Communications Company LP. 11 JUDGE STAPLETON: I don't know if Ms. 12 Macdonald got all that, but the last three starting 13 with TCG restate the appearance. 14 MR. KOPTA: This is Greg Kopta for TCG 15 Seattle and NextLink Washington LLC. 16 JUDGE STAPLETON: And for Sprint, please. 17 MS. MATCHETT: For Sprint Communications 18 Company LP, Carol Matchett. 19 MR. LUBIN: For United Telephone Company of 20 the Northwest this is Seth Lubin and I have Kim Peters 21 with me and Peter Gunderson. 22 JUDGE STAPLETON: Thank you. Is there 23 anyone else on the conference bridge? That's about 11 24 ports anyway, so I guess there's no room for anyone 25 else. Just give me a second here. I'm trying to 00029 1 coordinate a lot of paper and find a way to proceed 2 through this that looks like something rationale. Has 3 someone just dialed in? 4 MS. MILLER: Yes. This is Sara Siegler 5 Miller for Frontier. 6 JUDGE STAPLETON: Thank you. All right. I 7 have received written responses to the motions that 8 were filed with the Commission from U S WEST, GTE, 9 TRACER, staff, AT&T, Frontier, SCS and MCI. Did 10 anyone else file an answer to the motions? 11 MR. FFITCH: Public counsel filed an 12 answer. 13 JUDGE STAPLETON: I'm sorry, I have not 14 seen that, Simon. Thank you. 15 MR. WAGGONER: This is Mr. Waggoner. I 16 also confess I don't believe I have seen what staff 17 filed. 18 MR. FFITCH: Public counsel has not seen 19 staff's filing either. 20 MR. POTTER: Neither has GTE. 21 MS. ANDERL: This is Lisa Anderl. I don't 22 believe U S WEST received that either. 23 MR. FINNIGAN: Nor did WITA. 24 MR. WAGGONER: Perhaps staff could just 25 briefly summarize at some point. 00030 1 JUDGE STAPLETON: I will have them do that 2 in a moment, then. All right. As a first order of 3 business, I need to apologize first to U S WEST and to 4 the parties. Through a filing oversight in my office 5 I was not aware that U S WEST had filed its request 6 for additional witnesses until I was reading through 7 the pleadings of one of the parties noting that that 8 had been filed, and so I apologize that that was not 9 made part of the request to call for answers, and so I 10 am proposing that we treat that today as well and to 11 simply do that orally. 12 So, at this point in time does anyone have 13 any -- I will just go down this list, stop me if the 14 answer is yes. Does anyone have any response at all 15 to U S WEST's petition for leave to file additional 16 witnesses in this proceeding? 17 UNIDENTIFIED VOICE: How many have they 18 asked for, Your Honor? 19 JUDGE STAPLETON: Ms. Anderl, can you 20 briefly summarize that for the parties. 21 MS. ANDERL: I don't have the pleading. 22 JUDGE STAPLETON: I have it right in front 23 of me so let me just do it. 24 MS. ANDERL: Thank you. 25 JUDGE STAPLETON: It would be easier and 00031 1 quicker. U S WEST requests permission to sponsor its 2 prefiled testimony on March 14 with five additional 3 witnesses for a total of seven cost witnesses. The 4 five additional witnesses will simply adopt testimony 5 initially filed by Mark Reynolds. Additional 6 testimony will be added by two of the witnesses to 7 address the avoided cost study models sponsored by 8 AT&T and MCI, and the new version of the Hatfield cost 9 model. And they proceed then to lay out the names of 10 the witnesses and the specific areas of Mr. Reynolds's 11 testimony that they will be adopting. GTE, any 12 comment? 13 MR. POTTER: We have no objection to U S 14 WEST's motion. 15 JUDGE STAPLETON: TRACER? 16 MR. BUTLER: No comment. 17 JUDGE STAPLETON: Staff? 18 MR. TRAUTMAN: Staff, as we indicated in 19 our answer, and this would apply also to the GTE 20 request to increase the witness limit to as many as 21 seven, staff objected to this motion. It would more 22 than double the number of witnesses, and we note that 23 the request has been made only a week before the 24 testimony is due. The parties had agreed to a limit 25 of three witnesses back on December 9th, which was 00032 1 over three months ago, and staff prepared the case 2 with this limitation in mind. We've devoted our 3 resources accordingly. 4 If the request is granted staff believes it 5 would expand the testimony far beyond that that was 6 originally set forth and would also necessitate a 7 continuance of the current schedule. If we're having 8 seven witnesses per party we don't believe it would be 9 possible to adhere to the current schedule, which at 10 present, given the current witness level, we don't 11 believe a continuance would be necessary. So we did 12 object to the additional witnesses at this late date. 13 JUDGE STAPLETON: Thank you. AT&T? 14 MR. WAGGONER: Our point of view is simply 15 that if other parties are going to get additional 16 witnesses we would expect the same number of 17 additional witnesses. We're obviously trying to 18 combine with MCI and limit the total number of 19 witnesses. I think we would be fine with four per 20 party. 21 JUDGE STAPLETON: Frontier. 22 MS. MILLER: No comment. 23 JUDGE STAPLETON: Did SCS join us or not? 24 Okay. MCI? 25 MR. HARLOW: Brooks Harlow. We're 00033 1 concerned with the large number of additional 2 witnesses, but recognize that there needs to be some 3 flexibility here and, as Mr. Waggoner mentioned, we 4 also anticipate needing perhaps one or probably just 5 one more witness above the three limitation. So we 6 just -- while we wouldn't object to the request it 7 would be with the understanding that at the hearing 8 every effort will be made to avoid duplication and 9 (inaudible) would increase substantially the amount of 10 time needed (inaudible) testimony. 11 JUDGE STAPLETON: WITA. 12 MR. FINNIGAN: No objection. 13 JUDGE STAPLETON: TCG. 14 MR. KOPTA: No comment. 15 JUDGE STAPLETON: Sprint? 16 MS. MATCHETT: No comment from Sprint. 17 JUDGE STAPLETON: United? 18 MR. LUBIN: No objection. 19 JUDGE STAPLETON: Public counsel. 20 MR. FFITCH: Public counsel would generally 21 concur with the comment of staff with the additional 22 observation that if additional witnesses are going to 23 be allowed for U S WEST and/or GTE that that out to be 24 allowed for other parties. It ought to be kept within 25 a reasonable scope so as to avoid unduly delaying the 00034 1 proceedings, and might in fairness require an 2 extension of time at this point if there are going to 3 be additional bounds by additional witnesses in this 4 first round. 5 JUDGE STAPLETON: Is there anyone I didn't 6 call upon? All right. 7 Lisa, will you please extend my thanks to 8 Ed and whoever else in house put together this 9 petition. I think it was very useful to have it laid 10 out in the manner that it was, and I appreciate having 11 the detail that is represented by the petition. 12 I'm going to grant the petition of U S WEST 13 to file two additional witnesses. That is what the 14 petition represents will be the testimony by two 15 additional witnesses. The other five witnesses are to 16 adopt the testimony of Mark Reynolds. As a condition 17 of this grant, however, I will ask the company to 18 within seven days of today's date submit to all of the 19 parties precisely how the testimony of Mr. Reynolds 20 will be broken out and who will -- which of your 21 additional witnesses who will appear at hearing for 22 cross-examination, which of that testimony they will 23 sponsor. 24 MS. ANDERL: Okay. May I ask for 25 clarification on, then, the total number of witnesses 00035 1 we're going to be allowed? 2 JUDGE STAPLETON: You've asked for, in the 3 petition, for a total of seven witnesses. Testimony 4 has already been filed by two, Mark Reynolds and 5 Robert Harris. According to the petition signed by Ed 6 it says that the five additional witnesses will simply 7 adopt testimony initially filed by Mark Reynolds and 8 additional testimony will be added by two witnesses, 9 so that brings the total of witnesses to seven who 10 will actually be present for, cross-examination but 11 testimony has already been filed by Mr. Reynolds that 12 will be adopted by others of your witnesses, so while 13 there may be seven experts here in the hearing room 14 for cross-examination only two of them filed 15 additional testimony beyond what has already been 16 filed by Mr. Reynolds and Mr. Harris, and I asked you 17 to identify which witnesses will be representing which 18 portions in some explicit detail that the parties can 19 follow, which testimony of Mr. Reynolds and Mr. Harris 20 they will be adopting. 21 MS. ANDERL: All right. Thank you. We'll 22 do that. 23 MR. WAGGONER: Mr. Stapleton, this is Mr. 24 Waggoner for AT&T. Given that ruling, AT&T would 25 request one additional witness which would give it 00036 1 four, and my understanding from Mr. Harlow is that MCI 2 was making the same request. 3 MR. HARLOW: Brooks Harlow. Yes, we are 4 also requesting four witnesses, one additional. 5 JUDGE STAPLETON: All right. 6 MR. WAGGONER: And I would be happy to 7 explain that if you would like. The one additional 8 witness we have in mind, originally Dr. Klick was 9 going to be sponsoring both the testimony in the 10 Hatfield model and commentary on some other cost 11 models. As it became clear that the parties were very 12 interested in having a developer of the Hatfield model 13 serve as a witness, we were able to obtain Mr. -- 14 excuse me -- Dr. Mercer's schedule in a way that he's 15 able to be a witness, and so we would propose that Dr. 16 Mercer adopt a portion of Mr. Klick's testimony that 17 it directly addresses the Hatfield model. Think this 18 will benefit the parties. 19 Obviously Dr. Mercer did the presentation 20 at the cost study workshop, and in terms of the other 21 witnesses we have, as I indicated, we're trying to 22 share witnesses with MCI. The only area where we're 23 unable to do so is in the avoided cost area since we 24 have two separate models, and that's why we need one 25 additional witness on the avoided cost model and my 00037 1 understanding to have separate witnesses on the AT&T 2 and the MCI cost models. 3 JUDGE STAPLETON: Mr. Harlow, do you wish 4 to add anything? 5 MR. HARLOW: No, Your Honor. 6 JUDGE STAPLETON: Okay. I will grant the 7 requests of AT&T and MCI to expand by one witness the 8 testimony to be filed in this case. 9 Next I'm going to take up General 10 Telephone's request for additional witnesses. Mr. 11 Potter, do you have anything to add to your written 12 motion? 13 MR. POTTER: Yes, just briefly. Some 14 parties, including staff a few minutes ago, expressed 15 a concern that extending our case through more than 16 three witnesses would enlarge the quantity of our 17 evidence, and that is not true. We are going to have 18 to present our case on all the issues with a given 19 amount of evidence no matter how many witnesses we put 20 forward. We would prefer the additional witnesses as 21 I've outlined in my letter because that would put in 22 front of the Commission the people that are most 23 knowledgeable on the particular topics. 24 If we were limited to fewer than our 25 requested witnesses we would just have to roll up 00038 1 those topics under the fewer witnesses and the 2 witnesses we produced would not be as knowledgeable on 3 all the details. So as a matter of fact I think it 4 would -- having too few witnesses would tend more to 5 lengthen the hearing or make the hearing less 6 satisfactory than having the people there who can 7 better respond to questions on the particular topics. 8 JUDGE STAPLETON: Comment from U S WEST? 9 MS. ANDERL: Although to the extent we felt 10 that our request was justified, we would similarly 11 support GTE's. 12 JUDGE STAPLETON: TRACER? 13 MR. BUTLER: No comment. 14 JUDGE STAPLETON: Staff? 15 MR. TRAUTMAN: No additional comment other 16 than we would like to know also if these additional 17 witnesses will be filing rebuttal testimony or how 18 many witnesses will be filing rebuttal. 19 JUDGE STAPLETON: AT&T? 20 MR. WAGGONER: The only comment I would 21 make, and we don't have a particular objection to 22 this, I think the real point is how much time is taken 23 by each party, and I would urge us as we move closer 24 to the hearings to try and do some dividing up of 25 time. Obviously having more witnesses sometimes just 00039 1 takes more time to get people on and off, but I think 2 the real question is how much time does each party 3 have. 4 JUDGE STAPLETON: Frontier. 5 MS. MILLER: No comment. 6 JUDGE STAPLETON: MCI? 7 MR. HARLOW: I will just incorporate my 8 comment on the GTE one -- or the U S WEST one to this. 9 JUDGE STAPLETON: WITA. 10 MR. FINNIGAN: No objection. 11 JUDGE STAPLETON: TCG. 12 MR. KOPTA: No comment. 13 JUDGE STAPLETON: Sprint? 14 MS. MATCHETT: No comment. 15 JUDGE STAPLETON: United? 16 MR. LUBIN: No objection. 17 JUDGE STAPLETON: Public counsel? 18 MR. FFITCH: I will just rely on comments 19 made with respect to the U S WEST motion, and also, 20 Your Honor, I ask if you will be addressing the 21 question of whether this expanded right to call 22 witnesses would be extended to other parties after 23 you've addressed the GTE motion. 24 JUDGE STAPLETON: All right. Mr. Potter, I 25 was not clear from your letter whether you intended to 00040 1 call one, seven or ten witnesses, and I'm going to 2 request that you do precisely the same thing that U S 3 WEST has done, that is, file all of your testimony 4 sponsored by four witnesses, and to the extent that 5 you want portions of that testimony to be represented 6 on the witness stand by an individual other than the 7 sponsoring prefiling party, prefiling witness, to 8 declare to the party in explicit detail within seven 9 days which witnesses, who they are, where they're 10 from, as U S WEST has done, and explicitly what 11 testimony that you would reserve for that witness from 12 the prefiled testimony of the four witnesses. 13 MR. POTTER: Four witnesses to cover all 14 topics; is that right? 15 JUDGE STAPLETON: That's correct, Mr. 16 Potter. 17 MR. POTTER: Let me tell you from a 18 practical point of view that if we go ahead and file 19 testimony, it is currently in the nine pieces 20 described in my letter, so what I would have to do is 21 figure out what four people I could have sponsor the 22 total of nine pieces. 23 JUDGE STAPLETON: Well, I think you will 24 have time before the hearings to get all of that 25 sorted out, but I do want that within seven days of 00041 1 today's date, so I don't think that should be a burden 2 upon you. And, Mr. Potter, you had seven pieces 3 laid out in your letter to me. Is there -- 4 MR. POTTER: With regard to Hatfield we 5 made the statement due to the complexity of the model 6 GTE anticipates providing three witnesses sponsor 7 distinct aspects of our analysis so that's where you 8 get the nine. 9 JUDGE STAPLETON: Thank you. 10 MR. POTTER: I just want to make sure I'm 11 clear. If we file the testimony tomorrow it will be 12 in nine pieces but then what you need me to do in 13 seven days is identify four witnesses and how they 14 will cover those nine pieces. 15 JUDGE STAPLETON: What you're telling me is 16 that you've already got all of your testimony written 17 and prepared with nine separate witnesses sponsoring 18 it?; is that correct? 19 MR. POTTER: Yes. 20 MR. WAGGONER: Your Honor, this is Mr. 21 Waggoner for AT&T. May I be heard briefly? 22 JUDGE STAPLETON: Surely. 23 MR. WAGGONER: I would note that having 24 three separate witnesses on Hatfield does seem a 25 slight bit excessive. I mean, U S WEST is able to do 00042 1 this with seven witnesses and just -- nine witnesses 2 begins to sound a little bit off the chart. Perhaps 3 GTE and U S WEST could talk about sharing witnesses in 4 the way that MCI and AT&T have. That might solve the 5 problem. 6 JUDGE STAPLETON: Well, I am not a happy 7 camper about the lateness of all of this arising day 8 before testimony is due to be filed, so let's do this. 9 Mr. Potter, you just submit your written testimony as 10 you prepared it and you will restate in the seven days 11 the four witnesses who are sponsoring the large 12 portions of the testimony, and you will be limited to 13 seven people who can appear here and give testimony 14 under cross-examination. When you file your rebuttal 15 testimony you will be limited to the same four 16 witnesses to whom you aggregated the nine pieces that 17 you're filing tomorrow. 18 MR. POTTER: So we have four witnesses 19 the testimony but we can bring additional people to 20 the hearing to answer questions. 21 JUDGE STAPLETON: As with U S WEST you may 22 bring -- you may have seven people appear here under 23 cross-examination. 24 MR. POTTER: Could we not request that we 25 have the testimony sponsored by seven people to begin 00043 1 with? 2 JUDGE STAPLETON: If you can accomplish 3 that by tomorrow I will allow you to do that as well. 4 MR. POTTER: If you're talking about 5 tomorrow, we effectively have to do it today to get 6 things in the overnight. I could certainly by next 7 week tell everybody which of the separate pieces would 8 be combined into seven witnesses. 9 JUDGE STAPLETON: All right. Let's do that 10 within seven days then, please. 11 MR. POTTER: Thank you. 12 JUDGE STAPLETON: All right. On the 13 straightforward question about whether or not there 14 will be an extension in advance of tomorrow's 15 deadline, there will not be. Testimony is due 16 tomorrow by close of business here at the Commission 17 and in the hands of all parties. I think at this 18 point I'm going to go off the record for a few minutes 19 and talk generally about scheduling so let's be off 20 the record. 21 (Discussion off the record.) 22 JUDGE STAPLETON: Let's be back on the 23 record. While we were off the record we discussed 24 scheduling and the number of witnesses to be sponsored 25 by individual parties. Mr. ffitch, you had a request 00044 1 to make of the bench. 2 MR. FFITCH: Your Honor, public counsel 3 would request that you allow the option of calling up 4 to four witnesses for testimony at the hearing. 5 MR. TRAUTMAN: And staff would likewise 6 make a request for up to four witnesses for direct and 7 rebuttal testimony and at the hearing. 8 JUDGE STAPLETON: Thank you. While we were 9 off the record we discussed scheduling. The schedule 10 is continued as follows: The March 14 initial comment 11 date has now been extended to March 28, 1997. The 12 rebuttal written comment date of April 11 has been 13 extended to April 25th, '97. Hearings scheduled for 14 May 5 through the 9th are now scheduled and 15 rescheduled for May 16, 17 and the week of 19th 16 through the 23rd. 17 MR. TRAUTMAN: 15, 16. 18 UNIDENTIFIED VOICE: That's May 15 and 16. 19 JUDGE STAPLETON: Sorry. May 15 and 16 as 20 opposed to the 16th and 17th and the week of 19th 21 through the 23rd. Parties are -- I don't know if 22 they're admonished but they're certainly encouraged 23 to facilitate whatever additional discovery needs to 24 occur in order for all parties to adequately 25 respond to not only the Hatfield 3.1 version but to 00045 1 complete discovery and facilitate filing of a complete 2 set of testimony in this proceeding. 3 Service is due not only at the Commission 4 on the date established in the procedural schedule but 5 also in the hands of all parties except as otherwise 6 arranged by individual parties with the consent of 7 individual parties. We have agreed that at hearing 8 cost models will be represented by panels of witnesses 9 from the model proponents and we will confirm 10 procedure at hearing at a pre-hearing conference 11 scheduled for 10 a.m. on Thursday, April 3rd. 12 Anything else to come before us? Did I 13 miss anything? 14 MR. TRAUTMAN: Was there a motion granted 15 for additional witnesses? 16 JUDGE STAPLETON: Yes. The motion of 17 public counsel and staff to file testimony up to four 18 witnesses is granted. 19 MR. POTTER: This is Richard Potter. I 20 would appreciate if you would clarify on the record 21 what your order is. 22 JUDGE STAPLETON: On the March 28th filing 23 date GTE will be permitted to file its witnesses in 24 the form of seven individual pieces of testimony 25 addressing its entire presentation on its cost model. 00046 1 MR. POTTER: Thank you. 2 MR. HARLOW: Your Honor, this is Brooks 3 Harlow. I just wanted to clarify, the change in the 4 additional filing date applies to all the testimony 5 including the avoided cost testimony? 6 JUDGE STAPLETON: That's correct. 7 MR. HARLOW: Thank you. 8 MR. FFITCH: Your Honor, Simon ffitch for 9 public counsel. Further point of clarification that 10 parties may address Hatfield 3.1 in either the March 11 28th or April 25th filing and that AT&T would then 12 have the right to oral surrebuttal? 13 JUDGE STAPLETON: That was the agreement 14 that was reached at the discretion of the parties 15 that 3.1 may be addressed in additional rebuttal 16 testimony, and U S WEST has asked for and received a 17 grant to present oral rebuttal on the written 18 rebuttal. 19 MS. PROCTOR: Sorry, Your Honor, this is 20 Susan Proctor with AT&T. You mean AT&T not U S WEST? 21 JUDGE STAPLETON: Well, I should hope U S 22 WEST wouldn't be presenting the Hatfield model. I'm 23 sorry. 24 MS. PROCTOR: Of course if they're willing 25 to sponsor -- 00047 1 JUDGE STAPLETON: AT&T will be allowed to 2 present oral surrebuttal testimony on any written 3 testimony regarding the Hatfield version 3.1. This 4 hearing is adjourned. 5 MR. WAGGONER: Thank you. 6 MS. ANDERL: Thank you. 7 (Pre-hearing conference adjourned at 11:42 8 a.m.) 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25