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BEFORE THE
POSTAL RATE COMMISSION
20268-0001
WASHINGTON, D.C.
Special
Services
Fees
and Classifications
)
3 2 12
Ocr
‘95
Pi
pCSThL !T*TT Ci:ii!iiSSI;>:
OFfICE Ci Ti:i S[:,h;l~~;y
Docket
No.
MC96-3
OFFICE OF THE CONSUMER ADVOCATE
MOTION TO COMPEL RESPONSES TO INTERROGATORIES
OCA/USPS-71
(PARTS d AND e) AND 84 (PART d)
(October
3, 1996)
The Office
that
to
the
the
of
presiding
discovery
Advocate
direct
the
identified
requests
by the
that
the
OCA designed
particularly
to
correct
references11
is
permitted
of
Consumer
officer
interrogatories
The OCA also
Postal
in
the
presiding
to
of
officer
rule
the
in
section
to
respond
this
motion.
record
Postal
2.E
requests
Service
caption
complete
misstatements
under
COCA) hereby
of
that
(and
Service
the
library
s,pecial
rules
practice.
In
a rulemaking
Representation
Commission
,--
the
’
See,
OCA, October
of
proceeding
the
Proceedings,"
e.g.,
2,
Interests
Docket
captioned
of
No.
the
"Policy
General
RMB2-2,
Response
of the USPS to
1996, OCA/USPS-78(b).
the
Guidelines
Public
in
Commission
Interrogate
for
stated
f,
Docket
that
No.
MC96-3
one of
the
identified
develop
No.
In-Office
when
was,
June
Cost
System
data
not,
result
T--
in
develop
documentation
of
and accurate
1982.
(IOCS)
and those
submitted
the
data
underlying
OCA interrogatories,3
the
to
cost-estimating
cannot
Postal
actually
transportation
in
relating
worth
even
used
or
of
TRACS data
be tested
Service
using
because
by the
Further,
'even
IOCS has
now been
revised
revised
the
Postal
costs.2
the
the
systems
inaccurate,
one quarter's
by the
are
by
fallacies
incomplete,
data
:
or data that
those presented
and other
only
example,
first
by
The documentation
and remains
fact,
record
inaccuracies
or
data or information
1,
the
is
433,
programs
the
OCAi
Identifying
submitted
submitted,
to
OCA (indeed,
(b)
computer
Service
the
the
Identifying
information
needed in addition
to
other
parties;
provided,
are
of
a complete
For
been
of
005564
(al
fallacious.
has
functions
function
to
Order
2
documentation
though
as a
still
' Response
of the USPS to Interrogatories
of the OCA,
(c) and (d); Objection
of the
September
11, 1996, OCA/USPS-61
USPS to OCA Interrogatories
65(d),
(e),
, September
to modify
the programs
to ignore
the
9, 1996, at 5: ‘[Alttempting
commercially
sensitive
information
would be unduly
burdensome
and
as the modified
programs
would produce
also would be futile,
not
only
are
the TRACS data
In
other
words,
different
results."
the data and programs
that
have been provided
are
incomplete,
worthless.
' Notice
of the USPS of Filing
Revised
Pages for Library
Reference
SSR-90,
October
2, 1996.
Docket
-.
No.
makes
at
MC96-3
no reference
different
The Postal
on the
the
is
Postal
regular
of
discovery
evidence
routine
of
OCA were
not
incomplete,
respect
purpose
the
OCA that
any
information
other
available
refrained
numerous
Service's
2.E
requested
an explicit
discovery
ruling
rule
2.E,
It
filing
requests
on those
the
of
can become
has
been
the
institutional
Thus,
to
the
even
identify
information,
from
It
purpose
Service
participant-to
from
like
the
evidence.
fallacious
against
testimony.
Postal
obligation
only
discovery
for
admit
employees
interrogatories
developing
to
The Postal
objections.
allows
a witness.
into
an explicit
would
to
of
Service
or
only
the
Commission
Postal
numerous
of
of
fo,r
num:bers.4
to
discovery
testimony
the
rates
finance
special
allows
inaccurate,
The OCA has
2.E
Responses
under
entitled-as
seeking
the
of
the
objected
for
the
practice
individual
rule
evidence.
responses
of
has
rules,
without
sampling
special
Service
developing
,r-.
locations
that
position
5565
differential
Service
ground
the
to
pay
csc
3
it
would
discovery
Postal
Service.
motions
to
pending
a ruling
objections.5
has
the
and rectify
submit
Service
if
compel
be
with
on the
recently
The OCA is
' See Response
of USPS to Interrogatories
of the OCA,
Library
Reference
SSR-90 at 14October
2, 1996, OCA/USPS-77-80;
I7 (revised
October
2, 1996).
' Reply of the USPS to OCA Comments in Response
to POR No.
MC96-3/16,
October
2, 1996 at 4.
Docket
No.
equally
MC96-3
desirous
has
obljected
the
instant
does
not
to
of
differential
parts
purpose
the
of
finance
interrogatory
the
that
before
the
the
relatively
stable
rates
already
for
part
of
response
to
(ai
argument
has
can be.
The Service
been
of
for
77 are
clearly
has
FYs 1996
to
states
in
sampling
rates
for
(which
is
task,
interrogatory
respect
already
and
77 is
to
an~d 1997.
for
provided
(a)
and
FY 1995
sampling
(b)
for
were
rates
those
FY 1997
accurate.
the
the
those
assuming
these
a
pay
Providing
over)
2.E
would
parts
The Service
year.
rule
request
relevant
such
of
issue
certain
responses
to
subject
motion
at
and that
Service
special
2.E
used
be a trivial
made with
the
OCA/USPS-77
numbers
year
should
that
the
rates
FY 1995
FY 1996
are
instant
resolving
Service's
from
begun)
ground
on the
differential
start
The Postal
that
interrogatory
same interrogatory.'
sampling
has
for
sampling
certain
issue.
on the
A ruling
(e)
verifying
responses
known
and
of
of
compel
vehicle
(d)
of
to
on this
interrogatories
them.6
Parts
These
the
motion
locations
a ruling
all
an ideal
table
are
of
permit
provide
of
4
questions,
sampling
that
(which
the
No burden
and none
rates
for
6 Objection
of the USPS to OCA Interrogatories
OCA/USPS77(d)
and (e),
and 84(d),
September
30, 1996, at 3.
' See Presiding
Officer's
Ruling
Granting
in Pa.rt OCA Motion
to Compel
(Ruling
No. MC96-3/16),
September
26, 1996, at 6 (with
respect
to OCA/USPS-56(c)).
Docket
No.
FY 1995
MC96-3
without
response
to
having
to
complaint
77(a),
already
must
5
There
do a lot
of
of
Interrogatory
crucial
the
response
method
in
of
each
part
[IOCSI
CAG since
Part
(d)
seriously
a crucial
violated.
Since
offices
sample
below
(and
information),
information
to
of
is
Postal
' it
for
is
other
that
'the
the
to
to
violated.
As
"[Tlhe
of
offices
(Emphasis
have
selsacted,
,and
of
the
t1heir
to
into
to
current
how
IOCS has
refused
a ruling
which
Many oEfices
selection
that
objection.
determine
the
has
of
2.E
sample
sample
underlying
Service
The only
sample."'
84 seeks
natural
is
1997
Service's
extent
was originally
be resisting
only
the
false.
into
CAG B had no chance
to
its
probability
selection
Postal
84 states,
obviously
assumption
appears
the
is
determine
assumes
the
a responlae.
interrogatory
interrogatory
the
provide
to
FYs 19'96 and
of
Service
IOCS sample
of
of
to
an equal
the
for
IOCS estimation
estimation
had no chance
CAG.
(b)
assumption
This!
changed
underlying
according
rates
Postal
seeks
CAG constitutes
added.)
thus
to
and,
no question
work
the
84(d)
assumption
is
extra
objection
burden,
sampling
similar
exist.
meaningful
of
say
been
how many
the
produce
OCA would
seek
FY 1995
that
that
years.
' See September
30 Objection
at
Interrogatories
of the OCA, September
3,
n.2;
Response
of USPS to
6, 1996, OCA/USPS54(e).
a
Docket
No.
MC96-3
6
WHEREFOF!E the
the
Postal
(d)
and
OCA requests
Service
(e),
and
to
-84,
respond
part
the
to
presiding
officer
interrogatory
to
OCA/USPS-77,
direct
parts
cd).
Respectfully
submitted,
EMMETT RAND COSTICH
Assistant
Director
CERTIFICATE
I hereby
document
upon
accordance
certify
all
with
that
I have
participants
section
OF SERVICE
3.B(3)
this
of
record
of
the
date
in
special
served
this
D.C.
1996
20268-0001
foregoing
proceeding
rules
EMMETT RAND COSTICH
Attorney
Washington,
October
3,
the
of
in
practice.