Current through Register Vol. 48, No. 38, September 20, 2024
a) The wholesale service quality plan filing
requirements set forth in this Section are designed to assist the Commission and
Commission Staff in performing a review of wholesale service quality plan filings
under this Part. Information and schedules contained in the filing requirements may
be designed to provide evidence to support the carrier's position or to provide
supplemental information to facilitate the Commission Staff's review of the filing.
The information supplied under the filing requirements shall not be construed as
evidence or made part of the record unless it is offered by a party under the
applicable Commission rules (83 Ill. Adm. Code
200.610
to
200.700
).
b) Each carrier subject to this
Subpart shall, on the date specified in Section
731.205
for the filing of its wholesale service quality plan, file the prepared direct
testimony and exhibits of carrier personnel and any expert witnesses in support of
the carrier's plan. Prepared direct testimony shall be in compliance with the
Commission's Rules of Practice (83 Ill. Adm. Code 200). The pre-triennial filing
requirements of this subsection shall only apply to the initial filings under
Section
731.205(a)
and the initial filing under Section
731.205(b),
and shall not apply to any interim filing prior to the end of a triennial period. At
a minimum, the prepared direct testimony and exhibits shall address and/or include
the following:
1) The carrier's wholesale service
quality record over the last two years, including a summary of performance and of
any remedy payments or credits paid, given and/or assessed over that time
period;
2) All changes to the carrier's
wholesale service quality plan most recently approved by the Commission or, if the
carrier does not have a previously approved wholesale service quality plan but does
have a preexisting plan, all changes to the carrier's preexisting plan, and the
basis for all such changes relied upon by the carrier;
3) Compliance of the carrier's wholesale service
quality plan with the requirements of Subpart C of this Part;
4) Compliance of the carrier's wholesale service
quality plan with the criteria for review described in Subpart D of this
Part;
5) A listing of proposed changes
to the carrier's existing wholesale service quality plan;
6) The probable impact of proposed changes to the
carrier's existing wholesale service quality plan; and
7) Support for the impact of proposed
changes.
c) Waiver of filing
requirements
1) Requests for waivers from these
filing requirements shall be filed with the Commission at least 60 days prior to the
filing of the plan for which the waiver would be effective, if granted. Requests for
waivers will be acted on by the Commission or, if directed by the Commission, the
Manager of the Administrative Law Judge (ALJ) Division or his or her appointed
representative (Administrative Law Judge) and shall be in writing.
2) A request for a waiver of any of the provisions
of these filing requirements shall be in writing, verified, and must set forth the
specific reasons in support of the request. The Commission or ALJ (where directed by
the Commission) shall grant the request for a waiver upon good cause shown by the
carrier. In determining whether good cause has been shown, the Commission or ALJ
shall consider, among other things:
A) Whether
other information the carrier would provide if the waiver is granted permits the
Commission Staff to review the filing in a complete and timely manner;
B) The degree to which the information that is the
subject of the waiver request is maintained by the carrier in the ordinary course of
business or is available to it from the information that it maintains; and
C) The expense to the carrier in providing the
information that is the subject of the waiver request.
3) Proprietary and confidential information. Any
data, information or studies that is confidential, proprietary or trade secret in
nature shall be so marked by the carrier. The carrier shall separate from its filing
that information marked as confidential, proprietary or trade secret in nature from
the material that is to be made public.
