Section 731.220  Wholesale Service Quality Plan Filing Requirements

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.