[Federal Register Volume 74, Number 121 (Thursday, June 25, 2009)]
[Notices]
[Pages 30333-30334]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-14926]


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POSTAL REGULATORY COMMISSION

[Docket No. CP2009-38; Order No. 223]


Priority Mail Contract

AGENCY: Postal Regulatory Commission.

ACTION: Notice.

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SUMMARY: The Commission is noticing a recently-filed Postal Service 
request to add an additional Priority Mail contract to the Competitive 
Product List. This notice addresses procedural steps associated with 
this filing.

DATES: Postal Service responses are due June 23, 2009. Comments are due 
June 26, 2009.

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

FOR FURTHER INFORMATION CONTACT: Stephen L. Sharfman, General Counsel, 
202-789-6820 and <a href="/cdn-cgi/l/email-protection#a5d6d1c0d5cdc0cb8bd6cdc4d7c3c8c4cbe5d5d7c68bc2cad3"><span class="__cf_email__" data-cfemail="bac9cedfcad2dfd494c9d2dbc8dcd7dbd4facac8d994ddd5cc">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: 

I. Background

    On June 11, 2009, the Postal Service filed a notice, pursuant to 39 
U.S.C. 3632(b)(3) and 39 CFR 3015.5, announcing that it has entered 
into an additional contract (Priority Mail Contract 12), which it 
contends fits within the previously proposed Priority Mail Contract 
Group product.\1\ In support, the Postal Service filed the proposed 
contract and referenced Governors' Decision 09-6 filed in Docket No. 
MC2009-25. Id. at 1.
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    \1\ Notice of Establishment of Rates and Class Not of General 
Applicability (Priority Mail Contract 12), June 11, 2009 (Notice).
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    The Notice states that the ``contract differs from the contract 
filed as Priority Mail Contract 6 only in regards to negotiated prices 
and a difference in termination provisions.'' Id. at 2. In addition, it 
states that the contract is scheduled to become effective the day that 
the Commission issues all necessary regulatory approval. Id. at 1.
    The instant contract. The Postal Service filed the instant contract 
pursuant to 39 U.S.C. 3632(b)(3) and 39 CFR 3015.5. It submitted the 
contract and supporting material under seal, and attached a redacted 
copy of the contract and certified statement required by 39 CFR 
3015.5(c)(2) to the Notice. Id., Attachments A and B respectively.
    The Postal Service maintains that the contract and related 
financial information, including the customer's name and the 
accompanying analyses that provide prices, terms, conditions, and 
financial projections should remain under seal. Id. at 2.

II. Notice of Filing

    The Commission establishes Docket No. CP2009-38 for consideration 
of the matters related to the contract identified in the Postal 
Service's Notice.
    The Notice does not expressly use the term functionally equivalent 
to describe proposed Priority Mail Contract 12. Instead, it appears to 
implicitly make that claim by distinguishing the instant contract from 
Priority Mail Contract 6, filed in Docket No. CP2009-30 as part of the 
proposed Priority Mail Contract Group. Id. at 2. As the Postal Service 
recognizes, the scope of the Priority Mail Contract Group product is 
currently pending before the Commission. To that end, it acknowledges 
that the Commission's decision in Docket No. MC2009-25 may have an 
impact on the sufficiency of the Postal Service's filings in this case. 
Id. at 1, n.1. Depending on the outcome of Docket No. MC2009-25, the 
Postal Service may need to file additional support as required in 39 
CFR 3020 subpart B. Such filings, if any, shall be due within three 
days of the Commission's order in Docket No. MC2009-25 addressing the 
scope of the proposed Priority Mail Contract Group product.

[[Page 30334]]

    Interested persons may submit comments on whether the instant 
contract is consistent with the policies of 39 U.S.C. 3632, 3633, or 
3642 and 39 CFR part 3015 and 39 CFR 3020, subpart B, and whether it 
should be classified within the Priority Mail Contract Group or as a 
separate product. Comments in this case are due no later than June 26, 
2009.
    The public portions of these filings can be accessed via the 
Commission's Web site (http://www.prc.gov).
    The Commission appoints Paul L. Harrington to serve as Public 
Representative in this docket.

III. Supplementary Information

    Pursuant to 39 CFR 3015.6, the Commission requests the Postal 
Service to provide the following supplemental information by June 23, 
2009:
    1. (a) Please explain the cost adjustments made to each contract;
    (b) Explain the mailer activities or characteristics that:
    (i) Yield cost savings to the Postal Service,
    (ii) Impose additional costs on the Postal Service;
    (c) Please address every instance where an NSA partner's cost 
differs from the average cost.
    2. (a) Please provide a timeframe of when NSA partner volumes and 
cubic feet measurements were collected for each contract.
    (b) Please provide a unit of analysis for volumes in each contract, 
e.g., whole numbers, thousands, etc.
    3. In the Excel files accompanying the instant contract, unit 
transportation costs are hard coded (See tab: ``Partner Unit Cost'' 
rows 18 and 19). Please provide up-to-date sources and show all 
calculations.

IV. Ordering Paragraphs

    It is Ordered:
    1. The Commission establishes Docket No. CP2009-38 for 
consideration of the issues raised in this docket.
    2. As discussed in this order, the Postal Service shall file 
supplemental information, if necessary, within three days of the 
Commission's order in Docket No. MC2009-25 addressing the scope of the 
proposed Priority Mail Contract Group product.
    3. Comments by interested persons in these proceedings are due no 
later than June 26, 2009.
    4. The Postal Service is to provide the information requested in 
section III of this order no later than June 23, 2009.
    5. Pursuant to 39 U.S.C. 505, Paul L. Harrington is appointed to 
serve as officer of the Commission (Public Representative) to represent 
the interests of the general public in these proceedings.
    6. The Secretary shall arrange for publication of this order in the 
Federal Register.

    By the Commission.
Steven W. Williams,
Secretary.
[FR Doc. E9-14926 Filed 6-24-09; 8:45 am]
BILLING CODE 7710-FW-P


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