COMMISSION WASHINGTON UTILITIES AND ) TRANSPORTATION COMMISSION, ) ) Complainant, ) vs. ) DOCKET NO. UT-971140 WASHINGTON EXCHANGE CARRIER ) ASSOCIATION, et al., ) VOLUME 1 ) Respondent. ) Pages 1 - 12 ------------------------------) A prehearing conference in the above matter was held on December 15, 1997 at 9:30 a.m., at 1300 South Evergreen Park Drive Southwest, Olympia, Washington, before Administrative Law Judge TERRENCE STAPLETON. The parties were present as follows: MCI TELECOMMUNICATIONS CORPORATION, by BROOKS E. HARLOW, Attorney at Law, 601 Union Street, Suite 4400, Seattle, Washington 98101-2352. WASHINGTON EXCHANGE CARRIER ASSOCIATION, by RICHARD A. FINNIGAN, Attorney at Law, 2405 Evergreen Park Drive Southwest, Suite B-3, Olympia, Washington 98502. AT&T COMMUNICATIONS OF THE PACIFIC NORTHWEST, INC., by GREGORY T. DIAMOND, Attorney at Law, 1501 Fourth Avenue, Suite 2600, Seattle, Washington 98101. WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION STAFF, by MARY M. TENNYSON, Senior Assistant Attorney General, 1400 South Evergreen Park Drive Southwest, P.O. Box 40128, Olympia, Washington 98502. U S WEST COMMUNICATIONS, INC., by LISA A. ANDERL, Corporate Counsel, 1600 Seventh Avenue, Room 3206, Seattle, Washington 98191 Kathryn T. Wilson, CCR Court Reporter P R O C E E D I N G S JUDGE STAPLETON: This hearing will please come to order. This is a prehearing conference in the matter of Washington Utilities and Transportation Commission, Complainant, versus Washington Exchange Carrier Association and others, Respondent, Docket No. UT-971140. Today's date is Monday, December the 15th, 1997. We're convened in Olympia, Washington before Administrative Law Judge Terrence Stapleton. Let's take appearances beginning with the Association, please. MR. FINNIGAN: Richard Finnigan appearing on behalf of the Washington Exchange Carrier Association and also appearing on behalf of several individually named companies that are set forth in the petition to intervene. If you want, I'll put those on the record. Asotin Telephone Company, Cowiche Telephone Company, Ellensburg Telephone Company, Inter Island Telephone Company, Inc., Lewis River Telephone Company, Mashell Telecom, Inc., McDaniel Telephone Company, Pend Oreille Telephone Company, Telephone Utilities of Washington, Inc., The Toledo Telephone Company, Inc., and Yelm Telephone Company. My address is 2405 Evergreen Park Drive Southwest, Suite B-3, Olympia, Washington 98502. My telephone number is (360) 956-7001; fax is (360) 753-6862; e-mail is rickfinn@yelmtel.com. JUDGE STAPLETON: For Commission staff, please. MS. TENNYSON: Thank you. For Commission staff, my name is Mary M. Tennyson. I'm a Senior Assistant Attorney General. My address is 1400 South Evergreen Park Drive Southwest, P.O. Box 40128, Olympia, Washington 98054-0128. My telephone is (360) 664-1220. My fax number is (360) 586-5522. E-mail is maryt.two@wutc.wa.gov. JUDGE STAPLETON: Intervenors for AT&T, please. MR. DIAMOND: My name is Greg Diamond of the law firm Davis Wright Tremaine. The address is 1501 Fourth Avenue, Suite 2600, Seattle, 98101. Telephone is (206) 628-7643. Our fax is (206) 628-7699. My e-mail address is gregdiamond@dwt.com, and I'll read into the record for Susan Proctor. Susan D. Proctor, AT&T Law Department, 1875 Lawrence Street, Suite 1577, Denver, Colorado, 80202. Her e-mail address is sproctor@att.com. Her voice is (303) 298-6164. Her fax is (303) 298-6301. This is all for AT&T Communications of the Pacific Northwest, Inc. JUDGE STAPLETON: Thank you, and I'll note for the record that Susan Proctor will be the sole contact for all matters in this proceeding. For intervenor MCI, please. MR. HARLOW: Thank you, your Honor. Brooks Harlow; Miller, Nash, Wiener, Hager and Carlsen; 601 Union Street, Suite 4400; telephone, (206) 622-8484; fax, (206) 622-7485; e-mail, harlow@millnash.com. Also appearing for Mr. MacIver whose e-mail is maciver@millnash.com. We're appearing for MCI Telecommunications Corporation. JUDGE STAPLETON: I'll note for the record the same address can be used to reach MCI Communications. We'll carry both names, but it will need to be mailed only to one address. MR. FINNIGAN: Your Honor, Mr. Snyder asked me to speak on his behalf in his absence. Robert S. Snyder is appearing has filed a petition to intervene on behalf of Hat Island Telephone Company, Hood Canal Telephone Company, Inc., Inland Telephone Company, Kalama Telephone Company, Pioneer Telephone Company, St. John Cooperative Telephone And Telegraph Company, Tenino Telephone Company, Western Wahkiakum County Telephone Company, and Whidbey Telephone Company. Mr. Snyder's address is the 30th Floor, Key Tower, 1000 Second Avenue, Seattle, Washington, 98104-1052. His phone number is (206) 622-2226; fax, (206) 622-2227, and I don't believe he has e-mail. In fact, I'm positive he doesn't have e-mail. JUDGE STAPLETON: Thank you. Let's take up the petitions to intervene at this time. Mr. Diamond? MR. DIAMOND: Your Honor, thank you on behalf of AT&T Communications of the Pacific Northwest. I'll be very brief. AT&T is a significant customer -- MR. FINNIGAN: Your Honor, I have no objection to either AT&T or MCI's intervention. JUDGE STAPLETON: Commission Staff? MS. TENNYSON: I have no objection. MR. STAPLETON: And as for the petition of MCI, Mr. Finnigan? MR. FINNIGAN: I have no objection to that as well. JUDGE STAPLETON: Commission Staff? MS. TENNYSON: No objection. JUDGE STAPLETON: The petitions of AT&T and MCI are granted. UNIDENTIFIED SPEAKER: I'm sorry to interrupt. Lisa Anderl is busy upstairs in a hearing, and she asked me to come down and say we'd like to petition to intervene as well and to apologize. MR. FINNIGAN: I have no objection to U S West, although I was hoping for some good news. JUDGE STAPLETON: Commission staff, is there any objection to the petition? MS. TENNYSON: I have no objection. MR. FINNIGAN: I assume Lisa will be the counsel of record? UNIDENTIFIED SPEAKER: Yes, she will. JUDGE STAPLETON: Off the record. (Discussion off the record.) JUDGE STAPLETON: Let's be back on the record. At this time, we'll take an oral motion to intervene from U S West Communications, Incorporated. MS. ANDERL: Thank you, your Honor. Lisa Anderl representing U S West Communications, Inc. My business address is 1600 Seventh Avenue, Room 3206, Seattle, Washington 98191. My phone number is (206) 343-4052. My fax is (206) 343-4040, and my e-mail address is landerl@uswest.com, and that's spelled L-A-N-D-E-R-L at U S West dot com. We're petitioning at this time to intervene in this docket on the basis that U S West does have a substantial interest in the outcome of this proceeding. We will not seek to broaden the scope of the proceeding, and I believe that's all I need to say at this point. JUDGE STAPLETON: Thank you, Ms. Anderl. In the spirit of other interventions, Mr. Finnigan, do you have any objection to the intervention of U S West? MR. FINNIGAN: As tempting as it might be, I do not. JUDGE STAPLETON: Does anyone else object? MS. TENNYSON: Staff has no objection. JUDGE STAPLETON: The oral motion of U S West to intervene will be granted. While we're on the subject of interventions then, having heard no objection -- well, let me bring up each individually. With regard to AT&T Communications of the Pacific Northwest, Incorporated, are there any objections to that petition to intervene? MR. FINNIGAN: I have no objection. I just want to make sure that they indicated they will not broaden the issues. That's fine. I have no objection to that. JUDGE STAPLETON: Thank you, Mr. Finnigan. Any other objections? Petition of AT&T is granted. With regard to the petition of MCI Communications Corporation, Mr. Finnigan? MR. FINNIGAN: I just want to point out there's one sentence in their petition. It's on Page 2, the last sentence, Paragraph 5. "It says: Additionally, MCI competes with local exchange companies, toll services, rates for which may also be affected by rate designs and structures adopted in this case." I would say that toll rates are not an issue in this case, and since none of the companies that participate in the WECA tariff provide their own toll at this juncture, that's not an appropriate issue in this case, but other than that, I have no objection. JUDGE STAPLETON: Mr. Harlow? MR. HARLOW: We don't intend to broaden the issues in this case, so if Mr. Finnigan's factual statement is true, and it probably is, then that sentence within our petition will become moot. JUDGE STAPLETON: With that understanding Mr. Finnigan, no objection? Any other objections? Hearing none, the petition of MCI to intervene is granted. With regard to the petition to intervene of various telecommunications companies entered in the record already on behalf of intervenor Robert S. Snyder, are there any objections to the intervention of those companies? MS. TENNYSON: Staff has no objection. JUDGE STAPLETON: Thank you. The petition to intervene of the various named telecommunications companies is granted. With regard to the intervention of Mr. Snyder and Mr. Finnigan on behalf of various telecommunications companies, the single point of contact will be both Mr. Snyder and Mr. Finnigan for those named telecommunications companies. The parties will not be contacted directly by any of the individual companies. All contacts will be directly through either of the two counsel. MR. FINNIGAN: Your Honor, I should point out something. At this stage, there may be a later appearance on behalf of the PTI companies, Telephone Utilities of Washington, Cowiche, and Inter Island by Mr. Simshaw or someone in his office. They are all involved in hearings in Alaska and at this stage haven't made a final determination as to whether they will be represented through me or Mr. Simshaw directly, so with that one caveat. JUDGE STAPLETON: Each of those companies is part of the PTI umbrella; is that correct? MR. FINNIGAN: That's correct. JUDGE STAPLETON: We'll wait and see if there is a late petition to intervene and then I will -- MR. FINNIGAN: It would actually be just a change of counsel as opposed to a petition to intervene because the companies have already intervened. JUDGE STAPLETON: Thank you. Any other comment with regard to the interventions and the procedure for contacting other parties in the proceeding? MS. TENNYSON: I have none. JUDGE STAPLETON: Let's be off the record again. (Discussion off the record.) JUDGE STAPLETON: With regard to discovery in this matter, Commission will invoke its discovery rule, WAC 48009480 for discovery between now and March the 6th, 1998. The standard 10 working day response time embodied in that rule will be in effect. After the WECA companies' filings on March the 6th, the response time for discovery will be reduced to seven working days. At this point, I would direct the parties' attention to WAC 480-09-465, the Commission's rule on alternative dispute resolution and WAC 480-09-466, the Commission's rule on settlement conferences. I urge the parties to take full advantage of both of those rules and to request any assistance from the Bench or from the Commission with regard to accomplishing the issue resolution provisions of either of those rules. I know for the record that on October 17th, 1997, the Commission entered a protective order in this matter. Confidentiality agreements must be executed by the parties whose interventions were granted here today before any material can be released to them. With regard to scheduling, the following schedule has been adopted for the proceeding. The WECA and the companies will prefile their direct testimony on March the 6th, 1998. Staff and intervenors will prefile their direct testimony April the 6th, 1998. WECA and the companies will file rebuttal on May the 1st, 1998. Cross-examination of all testimony will be held May 18th through the 22nd, 1998, and briefs will be filed on June 19th, 1998. I know, for the record, that the end of the statutory suspension period for this tariff filing is July 31, 1998. Let's be off the record. (Discussion off the record.) JUDGE STAPLETON: With regard to the rebuttal filing by WECA and the individual companies, individual companies are limited in their rebuttal filing to any issue raised in the prefiled direct of staff and intervenors, exclusively to any issue that uniquely and directly alone affects that individual company. With regard to the number of copies to be filed in this matter, an original and 10 copies will be sufficient. Is there anything else that I failed to cover or that parties want to raise at this time and put on the record? MS. TENNYSON: I have none. JUDGE STAPLETON: Hearing nothing, I'll note that a prehearing conference order will issue shortly, and we'll stand adjourned. Thank you very much. (Prehearing conference adjourned at 10:45 a.m.)