BEFORE THE WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION

In the Matter of the Petition of  )
      ) DOCKET NO. UT-990022
U S WEST COMMUNICATIONS, INC. )
      )
for Competitive Classification of its ) THIRD SUPPLEMENTAL        ) ORDER
High Capacity Circuits in Selected  ) GRANTING INTERVENTION
Geographical Locations.   )
.  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  . . . . . )

BACKGROUND

  On February 11, 1999, a prehearing conference in this matter was convened in 
Olympia, Washington, before Administrative Law Judge Terrence Stapleton (ALJ).  
On February 16, 1999, the Washington Telecommunications Ratepayers Association 
for Cost-based and Equitable Rates (TRACER) filed with the Commission a 
petition for late intervention.

  The presiding ALJ entered the First Supplemental Order on Prehearing 
Conference (Order) on February 19, 1999, granting TRACER’s petition for late 
intervention.  U S WEST Communications, Inc. (U S WEST), on March 1, 1999, 
filed its objection to the Order as to the grant of late intervention to 
TRACER.  The Commission gave notice of U S WEST’s objection to TRACER’s 
intervention on March 3, 1999, and called for responses to U S WEST’s objection 
no later than March 8, 1999.  The Commission received responses from Commission 
Staff, Electric Lightwave, Inc., NEXTLINK Washington, Inc., AT&T Communications 
of the Pacific Northwest, Inc., MCIMETRO Access Transmission Services, Inc., 
MetroNet Services Corporation, and TRACER supporting intervention.

MEMORANDUM

  TRACER petitioned for late intervention stating that 1) the Notice of 
Prehearing Conference in this matter was received February 5, 1999, only four 
days prior to the prehearing conference, and 2) TRACER’s counsel was attending 
a conference out-of-state at that time, and was not aware of the prehearing 
conference until after it had occurred.  TRACER avers no party is likely to be 
prejudiced by its late intervention, and that it does not seek modification of 
the procedural schedule.

  The Prehearing Conference Order notified the parties that any objection to 
the provisions of the Order must be filed within ten days after its service 
date, pursuant to WAC 480-09-460(2).  U S WEST timely filed its objection to 
the Order to the extent it grants the Petition of TRACER for Late Intervention. 
 U S WEST opposes TRACER’s petition for failing to state good cause for late 
filing, contending 1) that TRACER was aware of the filing by U S WEST, 2) that 
the matter was to be sent to hearing, and 3) that a prehearing conference would 
be scheduled.  Further, the failure of TRACER’s counsel to note the scheduling 
of the prehearing conference and provide for substitute counsel is not good 
cause for its failure to appear.

  The responses of Commission Staff, Electric Lightwave, Inc., NEXTLINK 
Washington, Inc., AT&T Communications of the Pacific Northwest, Inc., MCIMETRO 
Access Transmission Services, Inc., and MetroNet Services Corporation note 
variously that good cause has been stated for the failure to appear at the 
prehearing conference; that neither U S WEST nor any other party will be 
prejudiced by TRACER’s intervention; that the proceedings will not be delayed 
by granting intervention; and that TRACER’s intervention and representation of 
its member customers is in the public interest.

  The Commission agrees with Commission Staff and Intervenors that TRACER has 
stated sufficient cause for its failure to appear at the prehearing 
conference.  Further, we accept TRACER’s representations that its intervention 
will not delay the proceedings nor prejudice any party in developing and 
presenting its case. Finally, the Order Setting the Petition for Hearing and 
Requiring Notice to Affected Customers; and Notice of Prehearing Conference 
requires that notice and opportunity to participate in this proceeding be given 
to U S WEST’s wholesale and retail customers. As representative of many such 
customers, TRACER’s appearance and participation meets the Commission’s 
directive to U S WEST and is in the public interest.

ORDER

  THE COMMISSION ORDERS That the objection of U S WEST to the prehearing 
conference order in this matter is rejected and that grant of the petition of 
TRACER for late intervention is affirmed.

  DATED at Olympia, Washington, and effective this 10th day of March 1999.

WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION

 
     MARILYN SHOWALTER, Chairwoman



     RICHARD HEMSTAD, Commissioner



     WILLIAM R. GILLIS, Commissioner