BEFORE THE WASHINGTON UTILITIES AND TRANSPORTATION 
COMMISSION



WASHINGTON UTILITIES AND  )
TRANSPORTATION COMMISSION, ) DOCKET NO. UT-970766
      )
   Complainant, )
      )
v.      ) 
      ) FIFTH SUPPLEMENTAL ORDER
U S WEST COMMUNICATIONS, INC., ) DENYING PETITION
      ) FOR INTERVENTION
        Respondent.   ) 
      ) 
.   .   .   .   .   .   .   .   .   .   .   .   .   .   .   .   )


  PETITION:  The Department of Defense (“DOD”) on its own behalf and on behalf 
of all federal executive agencies We will refer to petitioners collectively 
under the name of the petitioning entity, the Department of Defense. petitioned 
on October 24, 1997 for authority to intervene in this proceeding, 
acknowledging that its petition was late filed but contending that the 
tardiness constituted “excusable neglect” because the timing of the proceeding 
was not apparent due to petitioners’ distance from Washington State. 

  OBJECTION: U S WEST objected to the intervention on October 28, contending 
that the time for intervening had long passed and that allowing the 
intervention at the late date would adversely affect the Respondent and other 
participants in the proceeding.   The DOD responded.

  DECISION:  The Commission served notice of the proceeding on all participants 
in the prior US WEST general rate proceeding, including counsel for the 
petitioner, on September 10, 1997.  Late entry deprives the parties of the 
opportunity to engage in settlement or other discussions with the petitioner 
and imposes additional burdens upon the parties and on the Commission.  No 
sufficient justification for allowing late intervention is shown.  The 
Commission believes that allowing DOD to intervene would not be in the 
interests of justice and that the intervention would impair the orderly and 
prompt conduct of the proceeding.  The Commission denies the petition for 
intervention.  

O R D E R

  The Commission denies the petition by Department of Defense to intervene in 
this proceeding.


  DATED at Olympia, Washington, and effective this seventh day of
November, 1997.

WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION



       ANNE LEVINSON, Chair



       WILLIAM GILLIS, Commissioner