PRESIDING OFFICER'S
RULING NO. MC96-3/3
UNITED STATES OF AMERICA
POSTAL RATE COMMISSION
WASHINGTON, D.C. 20268-0001
Special
Services
Fees
I’
and Classifications
Docket
No. MC96-3
,, ,I? .,,-.,. .._.,-,_,,
.,
PRESIDING OFFICER'S
RULING CONFIRMING
PROCEDURAL SCHEDULE AND
SPECIAL RULES OF PRACTICE
(July
At
the
schedule
were
prehearing
for
these
invited
Postal
to
Service,
schedule
could
alternate
to
12,
1996,
was distributed
suggestions.
filed
comments.
be shortened,
Only
It
the
proposed
and participants
one participant,
suggested
although
less
schedule
shorten
time
participants
is
the
development
identify
than
Service
of
on or
proposals
upon
encourage
participants'
will
case
necessary
other
The Postal
to
proceedings
July
it
that
offered
the
perhaps
the
no sipecific
dates.
Requests
the
1996)
conference
offer
The proposed
that
25,
the
a partial
which
will
for
discovery
that
settlement
they
intend
discussions
its
27,
to
present
if
on the
Service,
suggests
August
in
be considered
Postal
also
before
be adopted
if
1996,
submit
or
it
it
appears
case-in-chief
for
might
facilitate
are
special
requj.red
service
evidence.l
on potential
While
areas
of
/-.
1
seeking
Section
25(a) of the
this information.
rules
of practice
permits
of
briefs.
parties
the
form.
interrogatories
I
'1_ *
Docket
No.
MC96-3
settlement,
their
I will
not
evidentiary
on the
Service's
Service,
of
at
the
submit
from
the
to
take
additional
Association
which
specifically
receive
service
Marketing
of
for
the
exten~t
of
cross-examination
in
Order
of
the
the
parties
to
special
the
As a result
of
and. the
rule
3.
alter
The only
to
Bankers
rules
should
how they
to
were
Pcsstal
provided
American
special
Language
documents.
1115
opportunity
is
that
No.
Association
made to
comments
suggests
oral
conference.
advantage
provide
to
distributed
been
written
announce
case.
prehearing
have
to
prior
practice
Direct
adjustments
participant
parties
direct
rules
discussed
suggestions
require
presentations
Postal
Special
also
- 2 -
that
prefer
effect
tea
has
been
added.
RULING
1.
The procedural
2.
The special
Attachment
schedule
rules
of
is
practice
set
forth
are
set
Attachment
forth
B.
Presiding
,-
in
Officer
in
A.
Attachment
..-.
A
004807
HEARING SCHEDULE FOR PROCEEDINGS
DOCKET NO. MC96-3
July
r-.
12,
1996
Prehearing
Conference
August
12,
1996
Complete
case of
August
14,
1996
Identify
expected
amount of
Report
on the
examination.
of witnesses.
September
9-13,
September
25,
1996
1996
discovery
the Postal
concerning
Service.
direct
oral
crossavailability
Hearings
for cross-examination
Postal
Service's
case-in-chief.
Filing
of
including
participants'
rebuttal
to
of
the
case-in-chief,
Postal
Service.
October
25,
1996
Complete
interveners
October
30,
1996
Identify
expected
amount of
Report
on the
examination.
of witnesses.
oral
crossavailability
Completion
the Postal
of all
Service.
directed
Evidentiary
chief
of
hearings
interveners
November
15,
November
18-22,
December
6,
December
16-20,
January
7,
January
14,
1996
1996
1997
discovery
to
as to the
and OCA.
to
case-in-
Filing
of evidence
in rebuttal
to direct
cases of participants
other
than Postal
(No discovery
to be permitted
Service.
on this
rebuttal
evidence)
1996
1997
discovery
directed
and OCA.
1996
Hearings
on rebuttal
direct
evidence.
Initial
Reply
briefs
briefs
filed.
filed.
to
participant
Attachment
B
Page 1
SPECIAL
1.
Evidence
A.
in
Case-in-chief.
writing
and
rebuttal,
if
chief.
It
rebut
include
to
There
to
B.
the
will
present
source
of
item
each
statistical
what
contain
a statement
offered;
however,
evidentiary
C.
in
the
materials
record.
Where
to
relief
evidence.
are
to
or
or
for
Strike.
and are
Postal
on another
Motions
not
in
the
of
may also
is
part
a multi-part
exhibit
exposition
accompanying
to
strike
are
for
testimony
at
of
appropriate
in
writing
exhibit
exhi.bit
exhibit,
strike
each
be considered
substitutes
to
of
the
employed
The title
Relevant
provided
They
methods
title
not
one part
motions
be submitted
the
to
explaining
and the
which
will
be made.
or
All
for
narrative
represents.
purpose
statement
Motions
and
used
or
this
exhibits
legal
an opportunity
The principal
part
case-in-
be self-explanatory.
footnotes
contains
should
extraordinary
rebuttal
should
the
and
evidence.
information
of
on another
cross-references
included
it
providing
or
be
case
Service's
brief
participants
compilations.
state
based
of
shall
direct
Postal
by a trial
Exhibits
appropriate
is
States
surrebuttal
contain
the
United
other
should
case-in-chief
participant's
be a stage
of
Exhibits.
should
the
be accompanied
may
presentations
Service
,r--
A participant's
shall
any,
memoranda.
in
RULES OF PRACTICE
least
should
be
testimony.
requests
briefs
or
for
or
exhibit
14 days
before
Attachment
B
Page 2
the
scheduled
strike
are
D.
appearance
due within
of
proceedings
proceeding.
These
explain
the
material
extraordinary
28 days
If
requests
and
requests
the
for
granted,
the
approved
material
the
for
in
record
other
of
this
and should
number.
requests
filing
the
should
identify
Absent
must
be made at
participant's
direct
and counter-designations
are
must
Secretary
submit
of
the
two
copies
of
least
case.
the
Commission
for
to
motions
for
and/or
requests
shall
designation
be filed
within
for
14 days.
Discovery
A.
of
these
special
numbered
Rules
General.
stage
this
rules.
Parties
discovery
whenever
of
these
26 and
except
27 apply
during
when
specifically
from
each
Questions
sequentially,
exclusive.
The results
25,
proceeding
The discovery
-__
to
Dockets.
be made by motion,
these
participant
counter-designations
/.-.
the
or paragraph
the
motions
record.
Oppositions
2.
line
to
Commission
received
designation,
designations
to
other
into
should
the
date
moving
in
from
evidence
justification,
before
inclusion
that
of
Responses
days.
be entered
purpose
by page
witness.
Evidence
may request
Commission
the
seven
Designation
Participants
of
the
discovery
overtaken
participant
by
should
be
by witness.
procedures
are
set
forth
in
to
engage
encouraged
possible
efforts
to
clarify
the
exhibits
may be introduced
rules
in
are
not
informal
and
into
testimony.
the
record
by
--
Attachment
Page
stipulation,
by supplementary
selected
written
witness
at
In
are
interrogatories
the
the
hearing,
of
to
use
portions
of
or
exhibit,
and answers
or
interest
encouraged
identify
testimony
by other
reducing
motion
informal
means
discovery
by presenting
for
adoption
appropriate
parties
clarify
requests
by a
means.
practice,
to
B
3
also
questions
considered
and to
overbroad
or
burdensome.
B.
Objections
Upon motion
Discovery.
Commission
or
interrogatory
to
Parties
of
to
be filed
Answers
within
Answers
to
or
to
items
have
be filed
the
an answer
to
objection
is
within
interrogatories
which
seven
to
the
days
are
an
14 days
to
or
the
of
requests
subject
of
presented
in
for
a
Answers
answer.
arguments
question.
--
of
-~
the
requests
as written
who asked
Answers
Interrogatories.
1.4 days
on a separate
participant
__- -...- ---
to
discovery
be incorporated
the
the
proceeding,
will
the
objection.
C.
r-..
if
the
to
request.
objected
supplements
may compel
should
discovery
shall
Responses
in
admissions
compel
documents
compel
be considered
begin
the
Compel
any participant
for
to
to
officer
request
who have
production
of
presiding
Motions
an objection
initial
the
or
overruled.
motion
and Motions
page,
the
service
shall
of
to
the
discovery
be prepared
question,
the
so that
Each
cross-examination.
identify
discovery
individual
and the
number
are
to
request.
they
answer
can
shall
responding,
and text
the
of
Iittachment
B
Page 4
Participants
update
date
or
to
that
are
correct
examination.
answer
for
are
to
the
the
make it
from
D.
the
Follow-up
or
request
may be filed
the
must
whether
it
may submit
responses
respondent
in
elaborate
on the
is
shall
previous
a complete
with
lieu
replacement
of
the
within
a sworn
to
unless
interrogatories
of
to
disc!overy
discovery
days
of
affidavit.
an earlier
initial
seven
interrogatory
a declaration
Follow-up
answer
after
be served
previous
or
the
the
cross-
answers
supplements
to
up until
as written
supplemental
merely
answers
necessary,
evidence
Interrogatories.
clarify
They
answer
supplemental
answer.
Participants
accuracy
into
filing
current
previous
serve
whenever
accepted
Participants
whether
to
responses
answers
indicate
expected
receipt
extraordinary
period
ends.
of
answer
the
to
circumstances
are
shown.
Discovery
E.
Postal
to
proceeding
with
to
participant's
operate
,---
lead
to
end prior
procedures
Service.
Discovery
20 days
prior
to
the
the
or
against
receipt
needs
data)
to
requests
of
filing
date
this
for
to
a noticed
nature
final
through
actions
this
of
is
that
procedure
information
only
from
are
rebuttal
the
reasonably
evidence
obtain
available
from
a participant
into
An exception
case.
during
Generally,
discovery
to
Only
discovery
evidence
limitations.
when a participant
operating
Available
27 allow
admissible
officer,
direct
Information
25 through
no time
presiding
scheduled
Obtain
Rules
Service.
calculated
by the
to
the
shall
(such
as
Postal
permissible
testimony.
up to
004812
Attachment
B
Page 5
3.
Service
A.
the
Receipt
of
entry
will
also
additional
e-mail
will
in
rule
provided
in
Rules
B.
participants
Rules
of
hard
copy,
Procedure
participants
list
service
as provided
Commission
service
Commission
copy
sent
participants
not
will
with
an original,
by e-mail
will
service
Procedure
list.
to
serve
the
serve
of
documents
(2) :
of
all
each
on the
receive
electronic
section
12.
to
copy,
one
filing.
individuals
participants
individuals
as
as provided
text
the
The
remainder
will
of
provide
the
and an el.ectronic
PRC-DOCKETS @ PRC.GOV.
all
as
(1) :
an original,
e-mail
one hard
on
may be
with
Practice,
(3) :
five
be effected
service
to
via
or
possible,
Procedure
as willing
by Rules
up to
Procedure
Commission
will
identified
provide
of
and effect
containing
copies
12.
9-12.
the
number.
Service
if
procedures.
sections
provide
service
list.
should
Service
documents
and a diskette
(2)
facsimile
electronic
service
receive
that
may include
section
three
file
will
filings
to
possible,
and
with
service
Documents.
Practice,
participants
If
number
on the
Practice,
one of
will
of
Otherwise
of
of
using
text
contain
entitled
participant.
Commission
shall
be made electronically,
3.8.
Service
effected
the
List
individuals
a telephone
the
individuals
two
each
addresses
provided
the
for
providing
containing
The Service
up to
include
diskettes
those
of
documents
Participants
in
Documents.
name and address
copies
/--
of
on the
Procedure
service
(3)
list
not
004813
Attachment
B
Page 6
identified
as willing
by Rules
of
service
Practice,
via
Participants
by providing
of
Exceptions
documents.
participate
in
the
(as
special
be served
requests
the
service
s:ervice
the
list
procedure
subject
D.
the
used
effectively
of
other
be served
and
of
only
the
of
intent
on the
complementary
as on participants
filing
the
and answers
OCA, the
a
Practice,
Postal
sections
must
discovery
and state
special
thereto
the
to
on the
so requesting,
25-27.
be served
need
Senrice,
participant
discovery
Special
individually
witness
upon
who is
the
request.
titles.
the
titles
requested.
or
to
objections
describe
relief
notices
and notices
and on any other
to
applicable,
certain
service.
Rules
Document
for
cross-examination,
Service,
as well
conducting
of
requirements
need
Postal
Commission,
relating
party
written
argument
party,
in
service
oral
for
on the
as provided
answers
provide
of
on the
identify
cross-examination,
requests,
complementary
the
will
remainder
entries
oral
applicable),
Discovery
;r-.
the
should
of
OCA, the
request
Where
to
their
to general
conduct
Commission,
the
The Commission
e-mail
service
Designations
to
party
as provided
service.
c.
to
12.
service
notice.
Certificates
intent
electronic
may change
written
effect
receive
section
electronically
list.
to
to
materials
Parties
basic
should
Transmittal
being
should
content
identify
of
include
any
the
documents
provided.
filed
titles
that
documents.
issue
addressed
and
should
identify
the
004814
Attachment
B
Page 7
4.
Cross-examination
A.
will
Written
cross-examination.
be utilized
whenever
as a substitute
possible,
statistical
than
offered
number
request,
of
the
the
participant
of
(July
(if
different
and,
to
be included
the
Secretary
of
the
a packet
in
and counsel.
packet,
presiding
of
the
all
a format
The witness
and they
officer.
cross-examination
--__-.--
to
to
the
to
be
posed
whom the
witness
answering),
one answer
be included
Jones,
(July
in
is
the
record.
answered
21,
cross-examination,
shall
item
19961."
two
simultaneously
by USPS
When a
copies
of
be submitted
to
Commission.
containing
examination
party
than
as updated
written
to
The Secretary
more
appearance
who initially
from
if
be served
scheduled
every
USPS witness
1996)
designates
the
and/or
answers
documents
written
or
should
participant
witness
the
the
factual
identify
the
all
1,
before
the
"OCA-Tl-17
Smith
the
introduce
shall
request
dates
example,
witness
days
listing
was addressed
provided,
in
cross-examination
cross-examination
working
as evidence,
question
,^.~
written
Designations
discovery
(For
of
three
a witness.
the
to
oral
cross-examination
evidence.
no later
the
for
particularly
Designations
of
Written
Commission
materials
that
verify
Counsel
that
for
for
review
the
be entered
at
prepare
designated
facilitates
will
will
shall
a witness
time,
the
the
written
by the
answers
into
for
crosswitness
and materials
transcript
may ob:ject
and any
record
by
to
designated
--
004815
,.-
Attachment
B
Page 8
answers
the
or
materials
ruled
objectionable
will
be stricken
from
record.
B.
Oral
permitted
cross-examination.
for
testing
clarifying
written
assumptions,
Requests
for
Oral
cross-examination
conclusions
permission
or
to
or
conduct
be served
three
appearance
of
a witness
references
to
the
subject
references
to
the
relevant
direct
intending
to
Participants
hypotheticals
or
to
shall
references,
exhibits
for
provided
to
(including
more
working
the
for
one working
using
Copies
the
witness
day)
specific
complex
numerical
intricate
or
these
at
before
and
page
extensive
cross-
cross-examination
exhibits
least
the
(2)
and exhibits.
documented
of
should
announced
be examined
testimony
use
evidence.
the
(1)
be
for
cross-examination
include
to
will
and
opinion
before
adequately
record.
counsel
days
matter
provide
other
oral
and should
question
cross-examination
two
witness's
should
calendar
be
days
scheduled
appearance.
5.
General
Argument
will
not
province
of
the
in
or
memoranda.
brief
be welcome
at
lawyer,
any
New affirmative
direct
,---
exhibits.
case)
be received
should
not
the
Legal
stage
of
matter
not
in
It
witness.
memoranda
the
It
evidence.
should
on matters
is
the
be presented
at
issue
will
proceeding.
(not
be included
in
reply
in
to
rebuttal
another
party's
testimony
or
004816
/-‘
Attachment
B
Page 9
Cross-examination
the
participant
party
are
references
too
sequentially
and provide
are
Library
Reference(s).
it
to
is
file
reasonably
number
each
and
items
item
serve
Library
designated
to
testimony
adverse
to
cross-examination.
may be submitted
voluminous
Parties
and until
the
references
should
be limited
conducting
Library
materials
will
and
when documentation
to
be distribsuted.
submitted
an informative
a separate
Notice
sponsored
-
is
not
Each
as library
with
material
or
title.
of
Filing
evidence
by a witness.
-
of
unless