ORDER NO. 98-035

ENTERED JAN 26 1998

This is an electronic copy. Appendices may not be included.

BEFORE THE PUBLIC UTILITY COMMISSION

OF OREGON

UM 867

DISPOSITION: STIPULATION ADOPTED

On October 27, 1997, the Commission issued Order No. 97-411, finding U S WEST Communications, Inc. (USWC) in violation of administrative rules on service quality. The order found that USWC's held order total exceeds the level allowed by OAR 860-023-0055(2)(d). The Commission ordered USWC to submit a written report showing why it is not in compliance with the rule and to present a plan for bringing its operations into compliance with the rule.

On November 26, 1997, USWC filed its report and plan. In Order No. 97-464, the Commission adopted USWC’s proposal for the Commission's Staff and the company to work in a collaborative process to finalize details of an agreement. The final plan would include monthly or quarterly targets for held orders. Although not required by the rule, USWC also committed to reduce the number of critical orders (orders held over 30 days for business and residence primary lines and business additional lines) as part of a final stipulation.

On January 21, 1998, Staff and the company submitted a stipulation that provides the details for USWC to bring its held order backlog into compliance with the Commission rule by the third quarter of 1999. The stipulation includes substantial reparations that USWC has agreed to pay if it fails to meet agreed upon quarterly targets. The stipulation contains no restrictions on the Commission’s ability to pursue penalties for violation of other areas of service quality. In addition it enables the Commission to terminate the stipulation if the percentage of repairs based on customer trouble reports that are cleared within 48 hours falls below 90 percent per month. The stipulation is attached as Appendix A.

The Commission has reviewed the stipulation and finds that it should be approved. Although we would prefer a more rapid schedule, we are willing to accept the schedule set forth in the stipulation because it contains reparations to insure that USWC makes regular improvements in reducing its held orders and includes a schedule for reducing the number of critical held orders.

IT IS ORDERED that:

1. The stipulation attached as Appendix A between U S WEST Communications, Inc., and the Commission Staff is adopted.

2. U S WEST Communications, Inc. has complied with the requirements of Order No. 97-411 to present a plan for bringing its operations into compliance with OAR 860-023-0055(2)(d).

Made, entered, and effective ____________________________.