HELENA, MONT. — Qwest Corp. must give information to state regulators on profits earned from its Montana telephone customers, the Montana Supreme Court ruled Wednesday.
The 5-0 decision reverses a lower court order from three years ago and may pave the way for the state Public Service Commission to investigate whether Qwest has been earning excessive profits from its Montana customers.
The long-awaited Supreme Court order said the five-member PSC, which regulates utilities in Montana, acted within its power when it asked Qwest in early 2003 for information on whether the company was earning beyond what the PSC had authorized it to earn in Montana.
Qwest, which has 300,000 customers in Montana, refused to provide the information and went to court in August 2003 to block the PSC’s request.
District Judge Thomas Honzel of Helena ruled in October 2004 that the PSC had overstepped its authority and that Qwest did not have to provide the information. The PSC then appealed to the Supreme Court.
Robin McHugh, the commission’s chief legal counsel, said Wednesday that the PSC may file a revised request for Qwest’s profit information because so much time has passed since the original request in 2003.
“(Qwest) may agree to provide the information, and there wouldn’t be a contested case,” he said. “One would hope that would be the result of the (Supreme Court) decision.” Qwest spokeswoman Johnna Hoff in Denver said the company “has always and will continue to comply with any lawful request for information by the PSC.” “Today’s ruling modifies the information Qwest will provide if asked, and, of course, we will comply with it,” she said.
A group of Qwest consumers also has filed a complaint with the Public Service Commission, alleging the company has been earning far beyond its authorized profit levels in Montana. It filed testimony in the case last month.
