Decision No. R02-8-I
BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF COLORADO
DOCKET NO. 01B-493T
ruby ranch INTERNET cooperative ASSOCIATION,
petitioner,
v.
qwest corporation,
respondent.
interim order of
administrative law judge
ken f. kirkpatrick
denying motion to compel
Mailed Date: January 2, 2002
I. statement
A. On December 26, 2001, Ruby Ranch Internet Cooperative Association (“Ruby Ranch”) filed its Motion to Compel. By this motion Ruby Ranch seeks an order of this Commission compelling Qwest Corporation (“Qwest”) to respond to certain discovery that Ruby Ranch served on Qwest on December 12, 2001. On December 28, 2001, Qwest filed its Response in Opposition to the Motion to Compel. For the reasons set forth below the motion is denied.
B. At the prehearing conference held in this matter on December 12, 2001, the subject of discovery was discussed. By Decision No. R01-1280-I, December 13, 2001, Qwest was required to respond to the discovery in question no later than January 3, 2002. In accordance with the Commission’s Rules of Practice and Procedure Qwest did serve objections to the discovery. However, it has not responded to the discovery since the responses are not due yet. Thus Qwest argues that Ruby Ranch’s Motion to Compel is premature. The Administrative Law Judge agrees. After the responses from Qwest have been served on Ruby Ranch, it may or may not wish to renew its Motion to Compel.
C. On January 2, 2002, Ruby Ranch filed a Reply in support of its Motion to Compel. Replies are not permitted under the Commission’s rules unless specifically authorized. As no order has been entered authorizing a reply it was not considered.
II. order
A.
It Is Ordered That:
1. The Motion to Compel filed December 26, 2001 by Ruby Ranch Internet Cooperative Association is denied.
2. This Order shall be effective immediately.
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THE PUBLIC UTILITIES COMMISSION Administrative Law Judge |
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ATTEST: A TRUE COPY
Bruce N. Smith |
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