Notice2023-27137
Service Standard Changes
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
December 11, 2023
Issuing agencies
Postal Regulatory Commission
Abstract
The Commission is providing notice that a hearing format and procedural schedule have been established in this proceeding. This notice informs the public of the hearing format and procedural schedule.
Full Text
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<title>Federal Register, Volume 88 Issue 236 (Monday, December 11, 2023)</title>
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[Federal Register Volume 88, Number 236 (Monday, December 11, 2023)]
[Notices]
[Pages 85934-85935]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-27137]
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POSTAL REGULATORY COMMISSION
[Docket No. C2023-6; Presiding Officer's Ruling No. 3]
Service Standard Changes
AGENCY: Postal Regulatory Commission.
ACTION: Notice.
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SUMMARY: The Commission is providing notice that a hearing format and
procedural schedule have been established in this proceeding. This
notice informs the public of the hearing format and procedural
schedule.
DATES: Complainant's Initial Brief and Supporting Evidence are due:
January 3, 2024; Postal Service's Deadline to Request Written Cross-
Examination of Complainant's Witnesses: January 5, 2024; Complainant's
Response to Written Cross-Examination, if necessary, is due: January
12, 2024; Postal Service's Answering Brief and Supporting Evidence are
due: January 25, 2024; Complainant's Deadline to Request Written Cross-
Examination of Postal Service's Witnesses: January 29, 2024; Postal
Service's Response to Written Cross-Examination, if necessary, is due:
February 5, 2024; Complainant's Reply Brief and Supporting Evidence is
due: February 12, 2024; Postal Service's Deadline to Request Written
Cross-Examination of Complainant's Reply Witnesses: February 14, 2024;
Complainant's Response to Written Cross-Examination, if necessary, is
due: February 21, 2024.
ADDRESSES: Submit notices of intervention electronically via the
Commission's Filing Online system at <a href="https://www.prc.gov">https://www.prc.gov</a>. Persons
interested in intervening who cannot submit their views electronically
should contact the person identified in the FOR FURTHER INFORMATION
CONTACT: David A. Trissell, General Counsel, at 202-789-6820. For
additional information, Presiding Officer's Ruling No. 3 can be
accessed electronically through the Commission's website at <a href="https://www.prc.gov">https://www.prc.gov</a>.
FOR FURTHER INFORMATION CONTACT: David A. Trissell, General Counsel, at
202-789-6820.
SUPPLEMENTARY INFORMATION:
I. Hearing Format
II. Hearing Schedule
III. Ruling
I. Hearing Format
Pursuant to the discussion at the December 4, 2023 prehearing
videoconference, the parties agree that the hearing should be conducted
by written submission of material only. See 39 CFR 3010.303(a). The
parties reserve the right to request oral cross-
[[Page 85935]]
examination of witnesses by motion. See 39 CFR 3010.303(b). The
Presiding Officer may also request oral testimony or cross-examination
on his own motion. Id.
To promote the efficient resolution of the remaining issues, the
parties will file briefs and supporting evidence at the same time. The
parties' briefs shall address each of the two remaining disputed issues
of fact identified by the Commission and explain how the evidence
presented supports or does not support the three elements of a claim of
undue or unreasonable discrimination under 39 U.S.C. 403(c).\1\ The
briefs should also comply with the relevant requirements of 39 CFR
3010.330(b) to the extent practicable and include proposed findings of
fact and conclusions of law.
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\1\ See Order Partially Denying United States Postal Service's
Motion to Dismiss and Notice of Limited Formal Proceedings,
September 18, 2023, at 7-8 (Order No. 6688).
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Complainant's initial brief and the Postal Service's answering
brief may not exceed 20 pages. Complainant's reply brief may not exceed
10 pages. Cover pages, tables of contents, tables of authorities,
signature blocks, addenda containing statutes, rules or regulations,
and exhibits are excluded from the page limits. Motions to exceed the
applicable length limitations will be granted only for compelling
reasons.
II. Hearing Schedule
The schedule for the submission of briefs and evidence shall be as
follows:
Complainant's Initial Brief and Supporting Evidence--January 3, 2024
Postal Service's Deadline to Request Written Cross-Examination of
Complainant's Witnesses--January 5, 2024
Complainant's Response to Written Cross-Examination, if necessary--
January 12, 2024
Postal Service's Answering Brief and Supporting Evidence--January 25,
2024
Complainant's Deadline to Request Written Cross-Examination of Postal
Service's Witnesses--January 29, 2024
Postal Service's Response to Written Cross-Examination, if necessary--
February 5, 2024
Complainant's Reply Brief and Supporting Evidence--February 12, 2024
Postal Service's Deadline to Request Written Cross-Examination of
Complainant's Reply Witnesses--February 14, 2024
Complainant's Response to Written Cross-Examination, if necessary--
February 21, 2024
All submissions must be filed electronically on the Commission's
docket by 4:30 p.m. Eastern time on the date due. If either party seeks
an extension of a filing deadline, that party must make a good faith
effort to contact the opposing party to find a mutually agreeable new
date before filing a motion for extension of time. This good faith
effort requires the moving party to place at least one telephone call
or send one email message to the opposing party. Any motion for
extension of time must state whether the opposing party consents to the
requested extension.
Any motion by a party requesting oral cross-examination of any
witness, or to make any other change to the hearing format, must be
filed no later than February 16, 2024, if the Postal Service does not
request written cross-examination of any of Complainant's reply
witnesses, or February 26, 2024, if the Postal Service does request
written cross-examination of any of Complainant's reply witnesses. A
motion requesting oral cross-examination must identify the witness
statement(s) at issue, explain why oral cross-examination is necessary
to clarify the witness' response to written cross-examination, and
state what additional information or clarification may be adduced
through oral cross-examination that would be helpful to resolve this
case. See 39 CFR 3030.321(g)(5)(i). If permitted, oral cross-
examination will be limited to matters within the scope of the written
cross-examination. A party may not seek new information through oral
cross-examination that could have been obtained through the initial
written cross-examination.
III. Ruling
1. The parties and counsel shall follow the hearing format and
schedule established by this Presiding Officer's Ruling.
2. The Secretary shall arrange for publication of the hearing
schedule in the Federal Register.
Erica A. Barker,
Secretary.
[FR Doc. 2023-27137 Filed 12-8-23; 8:45 am]
BILLING CODE 7710-FW-P
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</html>Indexed from Federal Register on December 11, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.