SBC/Southwestern Bell said it opposed motion by Tex. PUC staff to...
SBC/Southwestern Bell said it opposed motion by Tex. PUC staff to treat its petition for $142.7 million retroactive rate surcharge as new contested rate increase that would require full hearings before administrative law judge. SBC seeks retroactive surcharge to…
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recover rate reclassification increases in Austin, Dallas, Ft. Worth and 29 other cities and towns for period from Jan. 1999 to Nov. this year that were unlawfully denied by PUC. SBC said state Supreme Court held that PUC had acted unlawfully in denying rate reclassification boosts in 1999, so carrier was entitled to recover increases retroactively. SBC said it would raise rates in those localities, effective Nov. 15. Staff said size of amount at issue and long time period being contemplated for recovery made this major rate increase that needed to be fully litigated as contested case. SBC said staff’s recommendation lacks legal basis. It said court decision required that PUC put company in position it would have been in had agency acted in lawful fashion in 1999. SBC said it had no objection to parties from 1999 case participating in proceeding to develop appropriate surcharge remedy for recovery of money it was owed, but would object most strongly to any proceeding that would allow parties to retry issues already decided or to raise new issues.