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[Federal Register Volume 89, Number 232 (Tuesday, December 3, 2024)]
[Notices]
[Pages 95816-95818]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-28306]

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POSTAL REGULATORY COMMISSION

[Docket No. N2024-1; Order No. 8167]

Service Standard Changes

AGENCY: Postal Regulatory Commission.

ACTION: Notice.

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SUMMARY: The Commission is acknowledging a recently-filed Postal 
Service request for an advisory opinion regarding planned changes to 
its processing and transportation networks.

[[Page 95817]]

This document invites public comments on the request and addresses 
several related procedural steps.

DATES: Notice of intent to file a rebuttal: November 22, 2024; Hearing: 
December 4, 2024, at 10:00 a.m., Eastern Daylight Time, Virtual.

ADDRESSES: Submit notices electronically via the Commission's Filing 
Online system at http://www.prc.gov. 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.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Introduction
II. The Motions for Late Acceptance
III. Notice of Hearing, Scheduling Witnesses, Excusing Witnesses, 
Setting Hearing Procedures, and Adjusting Procedural Schedule
IV. Ordering Paragraphs

I. Introduction

    On November 24, 2024, Douglas F. Carlson filed, and on November 25, 
2024, the Commission docketed, a Motion for Late Acceptance of Notice 
of Intent to File Rebuttal Case \1\ and corresponding Notice of Intent 
to File a Rebuttal Case.\2\ On November 25, 2024, the American Postal 
Workers Union (APWU) filed a Motion for Late Acceptance of Notice of 
Intent to File Rebuttal Testimony \3\ and corresponding Notice of 
Intent to File Rebuttal Testimony.\4\ These motions are granted. In 
addition, the Commission provides notice of the hearing, sets hearing 
procedures, modifies the deadline for registration for the hearing, and 
adjusts the procedural schedule.
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    \1\ Douglas F. Carlson Motion for Late Acceptance of Notice of 
Intent to File Rebuttal Case, November 25, 2024 (Carlson Motion).
    \2\ Douglas F. Carlson Notice of Intent to File Rebuttal Case, 
November 25, 2024 (Carlson Notice).
    \3\ American Postal Workers Union, AFL-CIO Motion for Late 
Acceptance of Notice of Intent to File Rebuttal Testimony, November 
25, 2024 (APWU Motion).
    \4\ American Postal Workers Union, AFL-CIO Notice of Intent to 
File Rebuttal Testimony, November 25, 2024 (APWU Notice).
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II. The Motions for Late Acceptance

    Mr. Carlson requests that the Commission excuse his failure to 
timely file his notice because the procedural schedule listed on the 
Commission's website differed from those set by order. Carlson Motion 
at 1-2. The Commission recognizes that the information previously 
presented on the procedural schedule on the website conflicted with the 
deadlines set forth in Order No. 7695 \5\ and Order No. 7998.\6\ The 
Commission further recognizes that in Order No. 7998, the Commission 
unilaterally modified the procedural schedule by moving a deadline up 
to better support the in-person hearing in this proceeding. Order No. 
7998 at 2. Therefore, the Commission grants Mr. Carlson's motion.
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    \5\ Notice and Order on the Postal Service's Request for an 
Advisory Opinion on Changes in the Nature of Postal Services, 
October 9, 2024 (Order No. 7695).
    \6\ Order Establishing Hearing Procedures, November 15, 2024 
(Order No. 7998).
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    APWU similarly states that its filing was delayed because it relied 
on the procedural schedule set forth in Order No. 7695. APWU Motion at 
1. For the reasons expressed above, the Commission also grants the APWU 
Motion.
    The Commission is acting expeditiously on these motions because of 
the pending holiday and the fact that the hearing is 4 business days 
from today. The Postal Service will be permitted to conduct discovery 
and written cross-examination on Mr. Carlson's and APWU's rebuttal 
testimony. The Postal Service may request oral cross-examination but 
must provide justification for the request.

III. Notice of Hearing, Scheduling Witnesses, Excusing Witnesses, 
Setting Hearing Procedures, and Adjusting Procedural Schedule

    Additionally, although the Commission previously stated that 
hearings with a rebuttal case would occur December 11 to 13, 2024,\7\ 
given Mr. Carlson's indication that he cannot appear in person at the 
hearings, the Commission hereby gives notice that a hearing on the 
Postal Service's direct case in the above-captioned docket shall 
commence at 10 a.m. ET on Wednesday, December 4, 2024. Pursuant to 
Order No. 7998, the hearing will be conducted in person at 901 New York 
Avenue NW, Suite 200, Washington, DC 20268. The hearing shall be 
available by livestream at www.youtube.com/@thepostalregulatorycommiss9709.\8\
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    \7\ See Order No. 7998, Attachment 1 at 2; Order No. 7695, 
Attachment 1 at 2.
    \8\ The livestream will only allow participants to view, but not 
interact with, the live hearing taking place at the Commission's 
hearing room. Registration is not required to access the livestream.
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    Furthermore, the Commission modifies the registration deadline for 
the hearing. Each individual seeking to attend the live hearing 
(including motions practice or may conduct cross-examination or follow-
up cross-examination) must register by sending an email to 
[email protected] with the subject line ``N2024-1 Hearing 
Registration'' by Monday, December 2, 2024.\9\ Please ensure the email 
contains the following information:
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    \9\ The Commission previously set the deadline as November 22, 
2024. See Order No. 7998 at 3-4.

 your first and last name;
 your email address; and
 your affiliation.

    The [email protected] email address is used solely for the 
exchange of information relating to the logistics of registering for 
and participating in the hearing.\10\ No information related to the 
substance of the cases shall be provided or communicated via that 
email.
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    \10\ Please refer to the Commission's privacy policy which is 
available at https://www.prc.gov/privacy.
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    The Postal Service's witnesses shall appear on December 4, 2024, at 
10:00 a.m. ET. The order of the witnesses is as follows:

 Stephen B. Hagenstein (USPS-T-1)
 Arslan Saleem (USPS-T-2)
 Leslie Johnson-Frick (USPS-T-3)
 Gregory White (USPS-T-4)
 Curtis Whiteman (USPS-T-5) or witness with equivalent 
knowledge \11\
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    \11\ If a witness with equivalent knowledge appears for Mr. 
Whiteman, the Postal Service should be prepared to admit Mr. 
Whiteman's testimony by motion. Additionally, if the witness with 
equivalent knowledge is unable to answer certain oral cross-
examination questions, the Commission reserves the right to require 
Mr. Whiteman to supplement, in writing, with answers to those 
questions generated at the hearing.

    It is the Commission's intent to have all the Postal Service 
witnesses called and excused by 4 p.m. ET.
    One of the Postal Service's witnesses, Sharon Owens (Postal Service 
institutional witness), is not called and is excused. Likewise, the 
rebuttal witnesses, namely Anita Morrison, Stephen DeMatteo, and 
Douglas Carlson, are not called for the December 4 hearing.
    The Postal Service shall file any corrected testimony, corrected 
designated written-cross examination, etc., applicable to the excused 
witnesses with a declaration/affidavit from the witness attesting to 
the proposed record material, no later than December 2, 2024. The 
Postal Service may move to admit these materials by written motion not 
later than December 4, 2024. Objections to the admission of the 
proposed record material for these excused witnesses are due not later 
than December 5, 2024.
    On December 2, 2024, the Postal Service shall file a ``Notice of 
Designated Materials'' identifying any corrections to the testimony or 
designated materials for each witness sponsored by the Postal Service. 
Order No. 7695 at 26. Attached to that notice shall be an Adobe PDF 
file that contains

[[Page 95818]]

the witness's designated written responses in alphabetical order by the 
name of the party propounding the interrogatory followed by numerical 
order of the interrogatory (with any corrections to the responses 
highlighted). The Postal Service shall also contemporaneously file any 
corrections to testimony (with those corrections highlighted).
    Rebuttal testimony and all materials in support of the case must be 
filed by December 4, 2024.\12\ Parties that wish to conduct oral cross-
examination of a rebuttal witness shall file notice of an intent to do 
so by December 5, 2024. Written discovery (cross-examination) may be 
served on the parties offering rebuttal testimony immediately after 
filing of rebuttal testimony and must be filed no later than December 
6, 2024. Parties must file a Notice of Designations, consistent with 
the procedure described above, should they wish to designate rebuttal 
case discovery responses for the record, no later than December 10, 
2024. The Presiding Officer will issue a further ruling admitting 
designated materials into evidence shortly thereafter.
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    \12\ See Order No. 7695 at 23-24. Any motion for leave to file a 
surrebuttal case remains due December 6, 2024. Id. at 24.
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    Due to the filing of a rebuttal case, the briefing schedule is also 
modified. Initial briefs or statements of positions are now due no 
later than December 18, 2024. Reply briefs may be filed no later than 
December 23, 2024.

IV. Ordering Paragraphs

    It is ordered:
    1. Douglas F. Carlson's Motion for Late Acceptance of Notice of 
Intent to File Rebuttal Case, filed November 25, 2024, is granted.
    2. APWU's Motion for Late Acceptance of Notice of Intent to File 
Rebuttal Testimony, filed November 25, 2024, is granted.
    3. The hearing on the Postal Service's direct case in the above-
captioned docket shall commence at 10 a.m. ET on Wednesday, December 4, 
2024, at the Commission's hearing room. The Postal Service shall make 
the identified witnesses available at the commencement of the hearing, 
consistent with the body of this Order.
    4. If a witness with equivalent knowledge appears for Witness 
Whiteman, the Postal Service shall be prepared to admit Witness 
Whiteman's testimony by motion at the hearing.
    5. Participants who wish to attend the hearing in-person must 
register via email consistent with the body of this Order.
    6. The modified procedural schedule for this proceeding is set 
forth below the signature of this Order.
    7. The Secretary shall arrange for publication of this Order in the 
Federal Register.

    By the Commission.
Erica A. Barker,
Secretary.

                                   Procedural Schedule for Docket No. N2024-1
                                 [Modified by the Commission, November 27, 2024]
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Deadlines in Preparation for Hearing:
    Filing of Notice Confirming Intent to Conduct Oral       November 22, 2024.
     Cross-Examination.
    Filing of Request to Present Oral Argument.............  November 22, 2024.
    Filing of Notice of Designations (Parties).............  November 26, 2024.
    Filing of Notices of Designated Materials (Postal        December 2, 2024.
     Service).
Rebuttal Case Deadlines:
    Filing of Notice Confirming Intent to File a Rebuttal    November 22, 2024.
     Case.
    Filing of Rebuttal Case................................  December 4, 2024.
    Filing of Notice Confirming Intent to Conduct Oral       December 5, 2024.
     Cross-Examination.
    Filing of Request to Present Oral Argument.............  December 5, 2024.
    Last Filing of Discovery Requests......................  December 6, 2024.
    Notice of Designations.................................  December 10, 2024.
    Filing of the Rebuttal Witness' Answers to Discovery...  December 10, 2024.
    Notice of Designated Materials.........................  December 11, 2024.
Surrebuttal Case Deadlines (if applicable):
    Filing of Motion for Leave to File Surrebuttal Case....  December 6, 2024.
    Filing of Response to Motion for Leave to File           December 10, 2024.
     Surrebuttal Case.
    Filing of Surrebuttal Case (if authorized).............  December 13, 2024.
Hearing Dates:
    Hearings...............................................  December 4-6, 2024.
Briefing Deadlines:
    Filing of Initial Briefs (with Rebuttal Case)..........  December 18, 2024.
    Filing of Reply Briefs (with Rebuttal Case)............  December 23, 2024.
Statement of Position Deadline:
    Filing of Statement of Position (with Rebuttal Case)...  December 18, 2024.
Advisory Opinion Deadline:
    Filing of Advisory Opinion.............................  January 31, 2025.
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[FR Doc. 2024-28306 Filed 12-2-24; 8:45 am]
BILLING CODE 7710-FW-P
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