FR Doc 04-15524
[Federal Register: July 8, 2004 (Volume 69, Number 130)]
[Notices]               
[Page 41311-41312]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08jy04-106]                         

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POSTAL RATE COMMISSION

[Docket No. MC2004-3; Order No. 1411]

 
Negotiated Service Agreement

AGENCY: Postal Rate Commission.

[[Page 41312]]

ACTION: Notice and order concerning late-filed Bank One testimony.

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SUMMARY: This document informs the public that Bank One has filed a 
motion for late acceptance of additional testimony in support of a 
negotiated service agreement with the Postal Service. The document also 
notes the absence of any previous indication that this testimony might 
be filed, and states that its acceptance may raise due process concerns 
given the expedited nature of the case. It explains that participants 
will be given an opportunity to raise verbal objections to the 
testimony at the prehearing conference.

DATES: Objections to the Bank One Corporation motion for late 
acceptance of testimony are due July 15, 2004 (during the prehearing 
conference).

FOR FURTHER INFORMATION CONTACT: Stephen L. Sharfman, general counsel, 
at (202) 789-6818.

SUPPLEMENTARY INFORMATION: 

Procedural History

    Negotiated Service Agreement Proposed Rule, 68 FR 52546 (September 
4, 2003).
    Negotiated Service Agreement Final Rule, 69 FR 7574 (September 4, 
2003).
    Rate and Service Changes to Implement Functionally Equivalent 
Negotiated Service Agreement, 69 FR 39520 (June 25, 2004).
    On June 28, 2004, Bank One Corporation filed motion of Bank One 
Corporation for late acceptance of the testimony of Lawrence G. Buc 
(Motion).\1\ Bank One notes that the Postal Service's request and Bank 
One witness Rappaport's testimony were filed on June 21, 2004. Bank One 
asserts that production and coordination difficulties prevented witness 
Buc's testimony from being filed at that time. It requests late 
acceptance of witness Buc's testimony, and contends that it believes no 
party will be prejudiced by this delay.
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    \1\ Contemporaneous with this Motion, Bank One filed direct 
testimony of Lawrence G. Buc on behalf of Bank One Corporation, June 
28, 2004, and the Postal Service filed United States Postal Service 
notice of review of the direct testimony of Lawrence G. Buc on 
behalf of Bank One Corporation, June 28, 2004.
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    The procedural rules for reviewing Postal Service requests 
predicated on functionally equivalent negotiated service agreements 
were promulgated with the intent of facilitating expedited review. 
Decisions can be issued in as little as 60 days. Assuming an expedited 
schedule, the filing of new testimony 7 days after the filing of the 
Postal Service's request, without any prior notice in the request of 
the potential for additional testimony, could be prejudicial and affect 
the procedural and due process rights of current and potential 
intervenors.\2\
    The Secretary shall arrange for publication of this notice and 
order in there Federal Register to advise current and potential 
participants of the submission of additional testimony on behalf of 
Bank One. Any objection to the motion to accept this testimony shall be 
presented at the July 15, 2004 prehearing conference
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    \2\ Rule 192(a) [39 CFR 3001.192a] requires all prepared direct 
evidence to be filed simultaneously with the filing of the Postal 
Service's formal request.
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Ordering Paragraphs

    It is ordered:
    1. Any objection to the Motion of Bank One Corporation for Late 
Acceptance of the Testimony of Lawrence G. Buc shall be presented at 
the July 15, 2004 prehearing conference.
    2. The Secretary shall arrange for publication of this notice and 
order in the Federal Register.

    Issued: July 2, 2004.

    By the Commission.
Steven W. Williams,
Secretary.
[FR Doc. 04-15524 Filed 7-7-04; 8:45 am]