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BEFORE THE
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POSTAL RATE AND FEE CHANGES,
2000
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DOCKET NO. R2000-1
MOTION ON CONSENT OF UNITED PARCEL SERVICE
TO ADOPT INTERIM PROTECTIVE CONDITIONS FOR
INPUT AND OUTPUT DATA REQUESTED IN
INTERROGATORY
UPS/USPS-T516
(March 1,200O)
United Parcel Service (‘UPS”) hereby moves that the Presiding Officer adopt
with respect to library reference
USPS-LR-I-194’,
containing
responsive to interrogatory
sensitive information
protective conditions
testimony;
proposed
which witness Hunter identifies as
UPS/USPS-T51
by the Postal Service in connection
those protective conditions
with witness Yezer’s
would be modified automatically
(if necessary)
conform with those finally adopted by the Presiding Officer or Commission
to witness Yezer’s testimony.
The Postal Service has authorized
the Postal Service consents to the relief requested
At first informally, and then via interrogatory
6, the
with respect
UPS to represent that
in this Motion.
UPS/USPS-TS-16,
UPS has
requested that the Postal Service produce certain input and output data files not
included in Library Reference
1.
l-25 (specifically,
In the absence of protective conditions,
with the Commission.
Jobs 1-3). The Postal Service initially
USPS-LR-I-194
to
has not yet been filed
did not include those files in library references
commercially
because it considers them to be
sensitive, and because they have never been provided to any participant
in Commission
UPS/USPS-T51
proceedings.
The Postal Service also objected partially to interrogatory
6 (and others propounded
in that interrogatory
set) on various
grounds.*
However, the Postal Service has informed UPS that it has no objection to the
production
of those files as long as they are subject to appropriate
protective
conditions,
As a result of discussions
facilitate production
between counsel for the parties, and in order to
of the data in question, the Postal Service and UPS have agreed,
subject to the Presiding Officer’s approval, that USPS-LR-I-194
subject to the protective conditions
witness Yezer’s supporting
proposed
by the Postal Service for certain of
materials, which the Postal Service contends also must be
made available only under protective conditions.
Service for Waiver and Protective Conditions
(January
12,2000),
may be produced
as supplemented
See Motion of United States Postal
for Analysis of Witness Yezer
with missing text by the Response
States Postal Service to Presiding Officers
Ruling No. R2000-3 (February
of United
24, 2000). at
3. The parties have further agreed, subject to the Presiding Officer’s approval, that
when the Presiding Officer or Commission
should be applied in this proceeding
conditions
2.
proposed
finally determines
what protective conditions
to witness Yezer’s material, the interim protective
herein should then also be made applicable to USPS-LR-I-194.
See Partial Objections Of United States Postal Service To Interrogatories Of
United Parcel Service, UPS/USPS-T5-G(a),
-7(b), -9(a), -12 and -16 (February
22, 2000).
-2-
WHEREFORE,
United Parcel Service respectfully
requests that the Presiding
Officer adopt with respect to the Postal Service’s response to UPS/USPS-T5-16,
interim basis, the protective conditions
connection
proposed
with witness Yezer’s testimony,
modified (if necessary)
on an
by the United States Postal Service in
with the interim protective conditions
to be
to be identical to those finally adopted with respect to witness
Yezer’s testimony.
Respectfully
submitted,
-John E.’ cKeever
William J. Pinamont
Phillip E. Wilson, Jr.
Attorneys for United Parcel Service
Piper Marbury Rudnick & Wolfe LLP
3400 Two Logan Square
18th & Arch Streets
Philadelphia, PA 19103-2762
(215) 656-3310
and
1200 Nineteenth Street, NW
Washington, DC 20036-2430
(202) 861-3900
Of Counsel.
-3-
CERTIFICATE
OF SERVICE
I hereby certify that I have this date served the foregoing document
mail, postage prepaid, in accordance
with Section 12 of the Commission’s
by first class
Rules of
Practice.
Attorney for United Parcel Service
Dated: March I,2000
Philadelphia, Pa.