BEFORE THE WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION


WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION,

   Complainant,

v.

U S WEST COMMUNICATIONS, INC.,

   Respondent.
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DOCKET NO. UT-970766


FOURTH SUPPLEMENTAL ORDER

COMMISSION DECISION RESOLVING DISCOVERY ISSUES; GRANTING EXTENSION OF TIME FOR 
FILING EVIDENCE

  This matter is a tariff filing by US WEST Communications, Inc. (U S WEST or 
Company), to increase its rates and charges.  The presiding officers entered a 
prehearing conference order on September 19, 1997, addressing discovery issues 
and providing that U S WEST Communications, Inc.  (U S WEST, the respondent) 
would respond to data requests within five business days.  The order adopted a 
schedule for hearings and for concluding the proceeding within an expedited 
manner. The Commission affirmed the schedule by order entered   October 2, 1997.

  The October 2, 1997, order also acknowledged difficulties that the parties 
had expressed regarding discovery, and offered the assistance of the assigned 
administrative law judges to resolve those disputes. 

  U S WEST requested assistance; Public Counsel expressed concerns about 
discovery issues as well; and a prehearing conference was set by due and proper 
notice to all interested parties for 8:00 a.m. on Tuesday, October 14, 1997, in 
Room 213 at the Commission’s offices in Olympia, Washington.

  The conference was convened before the presiding Administrative Law Judges, 
Terrence Stapleton and C. Robert Wallis, at the time and place specified in the 
notice.  This order addresses issues arising from that conference.


I.  OBJECTIONS TO DISCOVERY REQUESTS

  U S WEST stated objections to discovery requests made by Public Counsel 
asking for 1997 data; to information it asserts relates to cost studies, and to 
information that it contends will involve burdensome and time-consuming 
activities. Public Counsel responds that the information is appropriate and 
needed, even in a “make-whole” proceeding, and asks that the Commission direct 
U S WEST to provide the information.  In its October 14 submission, Public 
Counsel modified and withdrew some of its requests.  The Commission accepts the 
withdrawal.
II.  1997 RESULTS OF OPERATION

  U S WEST has, in general, refused to provide 1997 data, although it has 
answered requests for 1995 data.  It contends that the 1997 information is not 
relevant to the proceeding.  

  We disagree.  We see no functional difference between the 1997 data and the 
1995 data.  Both are out of the Company’s requested test period, but both are 
appropriate referents in determining whether adjustments to the 1996 data are 
required.


III.  RATE SPREAD INFORMATION

  U S WEST contends that cost study information is irrelevant to the 
proceeding.  Public Counsel contends that the information is necessary to 
consider in determining the spread of rates, i.e., where rates increases will 
be assigned to meet any revenue deficiencies that the Commission determines in 
the proceeding.

  Information that the Company has in its possession is subject to discovery.  
If it has run its cost study, that is subject to discovery.  The Company is not 
required to create a cost study or to run another’s cost study.    


IV.  SCHEDULING

  The Commission recognizes that the delays have disadvantaged Public Counsel, 
AARP, and perhaps other participants.  We do not see any clear justification 
for withholding the information.  We are concerned that the Company may not be 
providing even uncontested requests in the time period to which it committed.  
It did not request a variation in that time.  Delay operates to the detriment 
of other parties and the Commission and we are concerned that Company-caused 
delay not be a factor in the litigation.  The company favored the schedule that 
the Commission found reasonable.  We recognize that the Company -- just as the 
Commission itself and the other parties to the proceeding -- has many other 
things going on that also are demanding of its time and resources and that the 
task of responding is daunting.  But if the Commission is to hold to the 
current schedule it is absolutely essential that the Company make the 
production of reasonably-requested data the highest priority so that other 
participants are not impaired.  Any further delays may require changes in the 
hearing schedule.

  The information must be provided as soon as it is available, and not held for 
simultaneous submission.  Substantially all of the information requested to 
date, including that requested by all parties, must be provided no later than 
noon on Monday, October 20.  U S WEST shall provide at that time a list of 
documents it is not providing, and the reason for non-production, and file the 
statement with the Commission.  The deadline for filing of Public Counsel and 
intervenor direct evidence (and delivery to U S WEST) is delayed until 
Wednesday, November 5, before the close of business. 


V.  CONCLUSION

  U S WEST is directed to provide the information requested on the schedule 
stated herein.  The deadline for filing evidence is modified as noted.

  DATED at Olympia, Washington, and effective this 15th day of   October 1997.

WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION



       ANNE LEVINSON, Chair



       WILLIAM R. GILLIS, Commissioner