Decision No. R02-93-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

granting motion in limine in part

Mailed Date January 28, 2002

i.statement

A. On January 18, 2002, Ruby Ranch Internet Cooperative Association ("Ruby Ranch") filed its Motion In Limine. On January 24, 2002, Qwest Corporation ("Qwest") filed its Response in Opposition. For the reasons set forth below the Motion In Limine should be granted in part.

B. The Motion In Limine seeks to preclude Qwest from introducing evidence at the hearing relating to (1) Qwest's cost data supporting its proposed prices for activating sub loops and for preparing a quote preparation fee; and (2) any mention or insinuation concerning past breaches of any non-disclosure agreements. Concerning the cost data, Ruby Ranch argues that it first asked for supporting cost justification on August 1, 2001, and cites responses of Qwest to certain admission requests serve by Ruby Ranch. However, the admission requests were not attached to the motion. Qwest points out that the cost studies were deemed confidential and that as soon as Ruby Ranch filed a non-disclosure agreement in conformance with Commission Rules of Practice and Procedure the cost studies were provided.

C. Qwest was under no obligation in the formal proceeding to provide confidential data until a non-disclosure agreement was executed by Ruby Ranch. It appears that once Ruby Ranch provided the non-disclosure agreement Qwest provided the data. Concerning Qwest's obligation to provide data earlier in the negotiating process, there is insufficient evidence contained in the petitioner's Motion In Limine to warrant granting the motion. The sworn statement attached to the motion contains only a few sentences addressing this, including the statement, "I repeatedly asked Qwest to justify these to [sic] fees." But the details of the requests and the responses are not included. There is simply not enough information to warrant granting the motion. Therefore the motion is denied as to the cost data.

D. Concerning the Motion In Limine with respect to alleged past breaches of any non-disclosure agreement, Ruby Ranch is correct that the ALJ determined at the prehearing conference that this was not an issue in this proceeding. Qwest seems to have forgotten this and suggests that it will introduce it as bearing on credibility. The matter was removed as an issue at the prehearing conference. Therefore the Motion In Limine is granted as to the second portion requested.

II. order

A. It Is Ordered That

1. The Motion In Limine filed January 18, 2002 by Ruby Ranch Internet Cooperative Association is granted in part. The issue of any breach of any non-disclosure agreement prior to the prehearing conference is not an issue in this proceeding. Qwest Corporation is prohibited from introducing or eliciting, through direct or cross-examination, evidence concerning this issue. The Motion In Limine is denied with respect to the request by Ruby Ranch Internet Cooperative Association to preclude Qwest Corporation from introducing cost data supporting its proposed prices.

2. This Order shall be effective immediately.

THE PUBLIC UTILITIES COMMISSION

OF THE STATE OF COLORADO

_______________________________

Administrative Law Judge

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