[Federal Register Volume 61, Number 121 (Friday, June 21, 1996)]
[Notices]
[Pages 31968-31979]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15777]
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POSTAL RATE COMMISSION
[Docket No. MC96-3; Order No. 1115]
Special Services Fees and Classifications; Notice of Request for
Changes in Domestic Mail Classification Schedule Provisions and Rates
for Special Services and Order Instituting Proceedings
[Issued June 12, 1996].
Before Commissioners: Edward J. Gleiman, Chairman; W.H. ``Trey''
LeBlanc III, Vice-Chairman; George W. Haley; and H. Edward Quick,
Jr.
Notice is hereby given that on June 7, 1996, the United States
Postal Service filed a request with the Postal Rate Commission pursuant
to section 3623 of the Postal Reorganization Act [39 USC Sec. 3623] for
a recommended decision on proposed changes in provisions of the
Domestic Mail Classification Schedule (DMCS) and rates that affect
selected special services. See Request of the United States Postal
Service for a Recommended Decision on Special Service Changes (June 7,
1996) (referred to herein as ``Request'').
Contents of the filing. The Service's Request proposes changes to
the terms of service and rates for post office boxes (including caller
service), certified mail, return receipt, insurance, and registry
service. It proposes to treat the production of postal cards as a new
special service distinct from the postage that such cards require, and
to rename postal cards ``stamped cards.'' It also proposes to eliminate
special delivery service. The Postal Service's Request does not
encompass any changes to the rates for the classes and subclasses of
mail, nor the fees for other special services not specifically
addressed by its proposals. Request at 3. The changes proposed may be
summarized as follows:
Post Office Boxes
Increase basic Group I fees by an average of 24 percent.
(Group I fees apply at city delivery offices).
Increase basic Group II fees by 100 percent.
(Group II fees apply at non-city delivery offices).
Eliminate basic fees for offices with no carrier delivery.
Institute an annual $36 non-resident fee.
Refine definitions of the fee categories.
Certified Mail/Return Receipts
Increase certified mail fee by 40 cents.
Replace the two basic return receipt options with one
option.
Replace the two return receipts for merchandise options
with one option.
Clarify the categories of mail eligible to use return
receipt for merchandise service.
Insurance
Raise the indemnity limit from $600 to $5000.
Raise the indemnity limit for Express Mail merchandise
from $500 to $5000.
Reduce the limit for Express Mail document reconstruction
from $50,000 to $500.
Registry
Simplify fee schedule by eliminating uninsured registry
service over $100.
Postal Cards
``Postal cards,'' which are sold to customers by the
Postal Service, renamed ``stamped cards''.
Institute a 2-cent fee (above postage) for stamped cards.
Special Delivery
Eliminate special delivery service.
See Direct Testimony of W. Ashley Lyons on Behalf of United States
Postal Service (hereafter ``USPS-T-1'') at 4-5.
Effect on net revenue. Unlike the Postal Service's other recent
classification reform proposals, its proposal in this docket is not
intended to have a neutral effect on its overall net revenue. The
Postal Service estimates that if its proposals in this docket had been
in effect throughout FY 1996, they would have increased system revenues
by $339.9 million while increasing system costs by only $0.5 million,
for a net increase in system revenue of $339.4 million. USPS-T-1 at 8-
9.
A request that would increase system net revenue so substantially
is normally considered in an omnibus rate proceeding.1 In this
request the Postal
[[Page 31969]]
Service proposes to obtain the additional net revenue by increasing the
contribution to institutional costs only from certain special services.
The Postal Service explains that this is intended to serve its
financial goals by enabling it to rebuild its equity or to extend the
period between omnibus rate increases. USPS-T-1 at 6, 9-11. It observes
that increasing its overall net revenue by raising markups on services
that are less sensitive to price increases, as it proposes here,
reflects a general policy to make demand pricing a greater factor in
its rate and classification proposals. It states that seeking infusions
of net revenue through requests for new classifications or new products
filed between omnibus rate proceedings reflects a management strategy
that it may continue to follow in the future. USPS-T-1 at 6-7.2
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\1\ The Postal Service has submitted documentation bearing an
``MC,'' or mail classification designation. While the proposals to
increase net revenue appear to fit the pattern of an ``R,'' or rate
designation, there is no apparent substantive reason to change the
designation for the case at this time, and in the interest of
avoiding unnecessary expense, we will not order such a change.
\2\ During the course of the proceeding, the justification for
these policies and their selective application may be explored.
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Cost and roll-forward methodologies. In the past, interim Postal
Service filings used the same base year and test year that were used in
the most recent omnibus rate proceeding. This provided a consistent
basis for comparing the cost and revenue effects of proposed interim
changes with the cost and revenue effects of the general rate and
classification schedules in place. In this interim filing, the Postal
Service has complicated the evaluation of its proposed changes by using
a base year (FY 1995) and a test year (FY 1996) that were not used to
evaluate the rate and classification schedules in place. In another
departure from recent practice, its filing develops base year costs
solely by the methods that the Postal Service uses in its own Cost and
Revenue Analysis Report (CRA). It does not follow the Commission's
approved costing methods as far as practical, as the Postal Service's
filing did in Docket No. MC95-1, nor describe and explain its
departures from them, as the Postal Service's filings did in Docket
Nos. R94-1 and MC93-1. Direct Testimony of Richard Patelunas on Behalf
of the United States Postal Service (hereafter ``USPS-T-5'') at 5-
7.3
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\3\ Examples of cost attribution methods that were used by the
Commission in the most recent omnibus rate proceeding but appear to
be omitted from this filing are attributing coverage-related
delivery costs according to single subclass stop analysis, and
attributing some fixed costs associated with Special Delivery
Messengers to the various services that use them.
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The Postal Service describes changes that it has made to its cost
model between FY 1994 and FY 1995 that have not previously been
discussed in testimony. These include aligning accounts in its CRA
Report with those in its Revenue and Expense Report, reweighting IOCS
tallies for mail processing and customer service functions in CAG B
offices, reassigning some IOCS tallies for small parcels to services
other than parcel post, revising the rules for assigning certain mixed
mail tallies to mail classes, reassigning certain Special Delivery
Messenger costs, redistributing certain RBCS clerk and mailhandler
costs, and updating the factors used to develop space-related costs.
USPS-T-5 at 8-11.
Proposed DMCS provisions. In their Decision of March 4, 1996, in
Docket No. MC95-1 (Classification Reform I), the Governors of the
Postal Service adopted extensive revisions to the Domestic Mail
Classification Schedule (DMCS). These revisions are scheduled to take
effect on July 1, 1996. The Governors further revised the DMCS in their
Decision approving the Recommended Decision of the Commission on
Experimental First-Class and Priority Mail Small Parcel Automation Rate
Category, Docket No. MC96-1, implemented by resolution of the Governors
on April 28, 1996. In Attachment A to its Request, the Postal Service
displays changes that it proposes in this filing to a version of the
DMCS that reflects these recent revisions. These proposed revisions
accompany this Notice as Attachment A.
Proposed special service rate and fee schedules. The special
service schedules were last amended in part by the Decision of the
Governors in Classification Reform I. Rate schedules amended in
connection with that decision, along with fee schedules for all special
services, were published for informational purposes in the Federal
Register on March 12, 1996 (61 FR 10,220). In Attachment B to its
Request, the Postal Service displays changes that it proposes to the
special service schedules corresponding to the revisions that it
proposes in the DMCS. Its proposed changes to the special service
schedules accompany this Notice as Attachment B.
Intervention. Participation in Commission proceedings generally
takes the form of either full intervention or limited participation.
See Commission rules 20 and 20a [39 CFR Sec. 3001.20 and .20a]. For
those wishing to express their views informally, without incurring the
obligations that attach to the other two forms of participation,
commenter status is available. See Commission rule 20b [39 CFR
Sec. 3001.20b]. Those wishing to be heard in this matter as either a
full intervenor or limited participant are directed to file a written
notice of intervention in conformance with rule 20(b) or 20a(a)
identifying the status they intend to assume and affirmatively stating
how actively they expect to participate. In addition, intervenors are
requested to provide a telephone number and facsimile number, and for
each person designated to receive service of documents who is willing
to receive service electronically, the appropriate e-mail address. (See
proposed Special Rule 3A, infra.)
Notices of intervention should be sent to the attention of Margaret
P. Crenshaw, Secretary of the Commission, 1333 H Street, NW,
Washington, D.C. 20268-0001, and are to be filed on or before July 9,
1996. Commenter status does not require a notice of intervention.
Representation of the general public. In conformance with section
3624(a) of title 39, the Commission designates W. Gail Willette,
Director of the Office of the Consumer Advocate (OCA), to represent the
interests of the general public in this proceeding. Pursuant to this
designation, Ms. Willette will direct the activities of Commission
personnel assigned to assist her and, when requested, will supply their
names for the record. Neither Ms. Willette nor any of the assigned
personnel will participate in or provide advice on any Commission
decision in this proceeding. If a participant elects procedure (1)
service, as defined by the proposed special rules of practice, it shall
serve the OCA separately with three copies of all filings, in addition
to and contemporaneously with, service on the Commission of the 24
copies required by section 10(c) of the rules of practice [39 CFR
Sec. 3001.10(c)], except as provided by Special Rule 3B.
Special rules of practice. The Commission proposes conducting this
proceeding pursuant to the special rules of practice set forth in
Attachment C. These rules reflect the special rules implemented in
Docket No. MC96-2, including a revision of Special Rule 3 to allow for
voluntary, alternative service of documents by electronic filing. See
P.O. Ruling MC96-2/9. The alternative system will allow participants to
receive service either electronically or via traditional hard copy
means. Participants are encouraged to carefully review the terms of all
the rules and suggest any changes they believe would be beneficial. The
use of electronic forms of filing and electronic database structures
makes it especially important that titles of filed documents
effectively describe their contents.
Initial prehearing conference: date, location, and agenda. The
Commission
[[Page 31970]]
will convene a prehearing conference at 9:30 a.m. on Friday, July 12,
1996, in the Commission's hearing room at 1333 H Street, N.W., Suite
300, Washington, D.C. The Commission asks that persons attending the
conference be prepared to discuss procedural and scheduling matters
pertinent to the Service's filing.
Participants are to file a notice of issues they would like to
raise for consideration at the prehearing conference. Suggestions need
not be limited to procedural matters, but may include substantive
issues to the extent that considering them at this stage might expedite
the proceeding. An agenda incorporating participants' suggestions will
be distributed at the beginning of the prehearing conference.
Docket Room operations. Documents may be filed with the
Commission's docket section Monday through Friday between 8 a.m. and 5
p.m. Questions about docket room operations should be directed to Ms.
Peggie Brown (at 202-789-6847) or Ms. Joyce Taylor (at 202-789-6846).
Questions concerning any technical difficulties in electronic filing
should be directed to the Commission's computer room at 202-789-6873.
It is ordered:
1. The Commission will sit en banc in this proceeding.
2. Notices of intervention shall be filed no later than July 9,
1996.
3. A prehearing conference will be held Friday, July 12, 1996 at
9:30 a.m. in the Commission's hearing room.
4. Participants are to file notices of issues they intend to raise
at the prehearing conference by July 9, 1996.
5. Comments on the proposed special rules of practice set out in
Attachment C should be filed by July 9, 1996.
6. W. Gail Willette, Director of the Commission's Office of the
Consumer Advocate, is designated to represent the interest of the
general public in this proceeding.
7. The Secretary shall cause this Notice and Order to be published
in the Federal Register.
By the Commission.
Cyril J. Pittack,
Acting Secretary.
Attachment A--Special Services Reform
Requested Changes in the Domestic Mail Classification Schedule
In this Request, the Postal Service asks the Commission to
recommend certain changes in the Domestic Mail Classification Schedule
(DMCS). The changes requested herein alter the DMCS recommended by the
Commission on November 29, 1978, adopted by decision of the Governors
and implemented by resolution of the Board of Governors on April 3,
1979, effective April 15, 1979, and as amended from time-to-time, most
recently by the decisions of the Governors approving the Recommended
Decision of the Commission on Experimental First-Class and Priority
Mail Small Parcel Automation Rate Category, Docket No. MC96-1, as
implemented by resolution of the Board of Governors adopted on April 1,
1996, effective April 28, 1996, and the Decision of the Governors
approving in part the Recommended Decision of the Commission on
Classification Reform I, Docket No. MC95-1, as implemented by
resolution of the Board of Governors adopted on March 4, 1996,
effective July 1, 1996. The current DMCS (which is published in part at
39 CFR Part 3001, subpart C, appendix A, in part as attachment A to the
Decision of the Governors of the United States Postal Service on the
Recommended Decision of the Postal Rate Commission on Classification
Reform I, Docket No. MC95-1 (61 FR 10,220), and in part as attachment A
to the Decision of the Governors of the United States Postal Service on
the Recommended Decision of the Postal Rate Commission on the
Experimental First-Class and Priority Mail Small Parcel Automation Rate
Category, Docket No. MC96-1 (61 FR 17,210)), is incorporated by
reference in this Request.
Proposed additions to text of the classification schedule are
underlined; proposed deletions are in brackets. The changes in the DMCS
requested by the Postal Service are as follows:
Attachment A--Special Services Fees and Classifications
Expedited Mail Classification Schedule
* * * * *
160 Ancillary Services
The following services may be obtained in conjunction with mail
sent under this classification schedule upon payment of applicable
fees:
------------------------------------------------------------------------
Service Schedule
------------------------------------------------------------------------
a. Address correction...................... SS-1
b. Return receipts......................... SS-16
c. COD..................................... SS-6
d. Express Mail Insurance.................. SS-9a
------------------------------------------------------------------------
* * * * *
[180 Insurance and Indemnity]
[181 Insurance Coverage]
[Express Mail is insured against loss, damage or rifling at no
additional charge.]
[182 Indemnity Coverage]
[182.1 Payment of Indemnity. Indemnity will be paid by the Postal
Service as follows: ]
[a. For document reconstruction the maximum liability is $50,000
per piece, up to $500,000 per occurrence regardless of the number of
claimants, to be paid under terms and conditions prescribed by the
Postal Service.]
[b. For merchandise the maximum liability is $500 to be paid under
terms and conditions prescribed by the Postal Service.]
[c. For mailings valued at $15 or less, for negotiable items, or
currency or bullion, the indemnity is $15 to be paid under terms and
conditions prescribed by the Postal Service.]
[182.2 Indemnity Not Available. Indemnity will not be paid by the
Postal Service for loss, damage or rifling:]
[a. Of nonmailable matter;]
[b. Due to improper packaging;]
[c. Seizure by any agency of government; or,]
[d. Due to war, insurrection or civil disturbances.]
[183 Insurance Claims And Procedures]
180 Refunds
181 Procedure
Claims for refunds of postage [or insurance] must be filed within
the period of time and under terms and conditions prescribed by the
Postal Service.
[184 Refunds]
182 Availability
[184.1] 182.1 Same Day Airport. The Postal Service will refund the
postage for Same Day Airport Express Mail not available for claim by
the time specified, unless the delay is caused by:
a. Strikes or work stoppage;
b. Delay or cancellation of flights; or
c. Governmental action beyond the control of Postal Service or air
carriers.
[184.2] 182.2 Custom Designed. Except where a service agreement
provides for claim, or delivery, of Custom Designed Express Mail more
than 24 hours after scheduled tender at point of origin, the Postal
Service will refund postage for such mail not available for claim, or
not delivered, within 24 hours of mailing, unless the item was delayed
by strike or work stoppage.
[184.3] 182.3 Next Day. Unless the item was delayed by strike or work
stoppage, the Postal Service will refund postage for Next Day Express
Mail not available for claim or not delivered:
a. By 10:00 a.m., or earlier time(s) prescribed by the Postal
Service, of the
[[Page 31971]]
next delivery day in the case of Post Office-to-Post Office service;
b. By 3:00 p.m., or earlier time(s) prescribed by the Postal
Service, of the next delivery day in the case of Post Office-to-
Addressee service.
[184.4] 182.4 Second Day. Unless the item was delayed by strike or
work stoppage, the Postal Service will refund postage for Second Day
Express Mail not available for claim or not delivered:
a. By 10:00 a.m., or earlier time(s) prescribed by the Postal
Service, of the second delivery day in the case of Post Office-to-Post
Office service;
b. By 3:00 p.m., or earlier time(s) prescribed by the Postal
Service, of the second delivery day in the case of Post Office-to-
Addressee service.
First-Class Mail--Classification Schedule
* * * * *
222 [Postal and] Stamped and Post Cards Subclass
222.1 Definition
222.11 [Postal] Stamped Card. A [postal] stamped card is a card
with postage imprinted or impressed on it and supplied by the Postal
Service for the transmission of messages.
222.12 Post Card. A post card is a privately printed mailing card
for the transmission of messages. To be eligible to be mailed as a
First-Class post card, a card must be of uniform thickness and must not
exceed any of the following dimensions:
a. 6 inches in length;
b. 4\1/4\ inches in width;
c. 0.016 inch in thickness.
222.13 Double Cards. Double [postal] stamped or post cards may be
mailed as [postal] stamped or post cards. A double [postal] stamped or
post card consists of two attached cards, one of which may be detached
by the receiver and returned by mail as a single postal or post card.
222.2 Restriction. A mailpiece with any of the following
characteristics is not mailable as a [postal] stamped or post card
unless it is prepared as prescribed by the Postal Service:
a. Numbers or letters unrelated to postal purposes appearing in the
address portion of the card;
b. Punched holes;
c. Vertical tearing guide;
d. An address portion which is smaller than the remainder of the
card.
222.3 Regular Rate Categories
222.31 Single Piece Rate Category. The single piece rate category
applies to regular rate [Postal] Stamped and Post Cards subclass mail
not mailed under section 222.32.
222.32 Presort Rate Category. The presort rate category applies to
[Postal] Stamped and Post Cards subclass mail that:
a. Is prepared in a mailing of at least 500 pieces;
b. Is presorted, marked, and presented as prescribed by the Postal
Service; and
c. Meets the addressing and other preparation requirements
prescribed by the Postal Service.
222.4 Automation Rate Categories
222.41 General. The automation rate categories consist of [Postal]
Stamped and Post Cards subclass mail that:
a. Is prepared in a mailing of at least 500 pieces;
b. Is presorted, marked, and presented as specified by the Postal
Service;
c. Bears a barcode representing not more than 11 digits (not
including ``correction'' digits) as prescribed by the Postal Service;
and
d. Meets the machinability, addressing, barcoding, and other
preparation requirements prescribed by the Postal Service.
* * * * *
260 Ancillary Services
First-Class Mail, except as otherwise noted, will receive the
following additional services upon payment of the fees prescribed in
the corresponding schedule:
------------------------------------------------------------------------
Service Schedule
------------------------------------------------------------------------
a. Address correction...................... SS-1
b. Business reply mail..................... SS-2
c. Certificates of mailing................. SS-4
d. Certified mail.......................... SS-5
e. COD..................................... SS-6
f. Insured mail............................ SS-9
g. Registered mail......................... SS-14
[h. Special delivery....................... SS-17]
[i.] h. Return receipt (merchandise sent by SS-16
Priority Mail only).
[j.] i. Merchandise return................. SS-20
------------------------------------------------------------------------
270 Rates and Fees
The rates and fees for First-Class Mail are set forth in the
following rate schedules:
------------------------------------------------------------------------
Schedule
------------------------------------------------------------------------
a. Letters and Sealed Parcels.............. 221
b. [Postal] Stamped and Post Cards......... 222
c. Priority Mail........................... 223
d. Fees.................................... 1000
------------------------------------------------------------------------
* * * * *
Standard Mail Classification Schedule
* * * * *
360 Ancillary Services
* * * * *
362 Single Piece, Parcel Post, Bound Printed Matter, Special, and
Library Subclasses
Single Piece, Parcel Post, Bound Printed Matter, Special, and
Library subclass mail will receive the following additional services
upon payment of the appropriate fees:
------------------------------------------------------------------------
Service Schedule
------------------------------------------------------------------------
a. Certificates of mailing................. SS-4
b. COD..................................... SS-6
c. Insured mail............................ SS-9
[d. Special delivery....................... SS-17]
[e.] d. Special handling................... SS-18
[f.] e. Return receipt (merchandise only).. SS-16
[g.] f. Merchandise return................. SS-20
------------------------------------------------------------------------
Insurance, [special delivery,] special handling, and COD services
may not be used selectively for individual pieces in a multi-piece
Parcel Post subclass mailing unless specific methods approved by the
Postal Service for ascertaining and verifying postage are followed.
* * * * *
Periodicals Classification Schedule
* * * * *
[460 Ancillary Services]
[Periodicals class mail will receive the following additional service
upon payment of the appropriate fee:]
------------------------------------------------------------------------
[Service Schedule]
------------------------------------------------------------------------
[Special delivery......................... SS-17]
------------------------------------------------------------------------
* * * * *
General Definitions, Terms and Conditions
* * * * *
3000 Postage and Preparation
* * * * *
3080 Refund of Postage
When postage and special service fees have been paid on mail for
which no service is rendered for the postage or fees paid, or collected
in excess of the lawful rate, a refund may be made. There shall be no
refund for registered, COD, [and] insured, and Express Mail Insurance
fees when the article is later withdrawn by the mailer. In cases
involving returned articles improperly accepted because of excess size
or weight, a refund may be made.
* * * * *
[[Page 31972]]
Classification Schedule SS-3--Caller Service
3.01 Definition
3.010 Caller service is a service which permits a customer to
obtain [his] mail addressed to [a] the customer's box number through a
call window or loading dock.
3.02 Description of Service
* * * * *
3.022 Caller service is provided to customers on the basis of mail
volume received[,] and number of post office boxes [rented] used at any
one facility.
* * * * *
Classification Schedule SS-4--Certificate of Mailing
* * * * *
4.03 Other Services
4.030 The following services, if applicable to the class of mail,
may be obtained in conjunction with mail sent under this classification
schedule upon payment of the applicable fees:
------------------------------------------------------------------------
Classification schedule
------------------------------------------------------------------------
a. Parcel airlift........................ SS-13
[b. Special delivery..................... SS-17]
[c.] b. Special handling................. SS-18
------------------------------------------------------------------------
* * * * *
Classification Schedule SS-5--Certified Mail
* * * * *
5.04 Other Services
5.040 The following services may be obtained in conjunction with
mail sent under this classification schedule upon payment of the
applicable fees:
------------------------------------------------------------------------
Classification schedule
------------------------------------------------------------------------
a. Restricted delivery................... SS-15
b. Return receipt........................ SS-16
[c. Special delivery..................... SS-17]
------------------------------------------------------------------------
Classification Schedule SS-6--Collect on Delivery Service
* * * * *
6.06 Other Services
6.060 The following services, if applicable to the class of mail,
may be obtained in conjunction with mail sent under this classification
schedule upon payment of the applicable fee:
------------------------------------------------------------------------
Classification schedule
------------------------------------------------------------------------
a. Registered mail, if sent as First- SS-14
Class.
b. Restricted delivery................... SS-15
[c. Special delivery..................... SS-17]
[d.] c. Special handling................. SS-18
------------------------------------------------------------------------
* * * * *
Classification Schedule SS-9--Insured Mail
* * * * *
9.02 Description of Service
9.020 The maximum liability of the Postal Service under this
schedule is [$600] $5000.
* * * * *
9.05 Other Services
9.050 The following services, if applicable to the class of mail,
may be obtained in conjunction with mail sent under this classification
schedule upon payment of the applicable fees:
------------------------------------------------------------------------
Classification schedule
------------------------------------------------------------------------
a. Parcel Airlift........................ SS-13
b. Restricted delivery (for items insured SS-15
for more than $50).
c. Return receipt (for items insured for SS-16
more than $50).
[d. Special delivery..................... SS-17]
[e.] d. Special handling................. SS-18
[f.] e. Merchandise return (shippers SS-20
only).
------------------------------------------------------------------------
* * * * *
Classification Schedule SS-9a--Express Mail Insurance
9a.01 Definition
9a.010 Express Mail Insurance is a service that provides the
mailer with indemnity for loss of, rifling of, or damage to items sent
by Express Mail.
9a.02 Description of Service
9a.020 Express Mail Insurance is available only for Express Mail.
9a.021 Insurance coverage is provided, for no additional charge,
up to $500 per piece for document reconstruction, up to $5,000 per
occurrence regardless of the number of claimants. Insurance coverage is
also provided, for no additional charge, up to $500 per piece for
merchandise. Insurance coverage for merchandise valued at more than
$500 is available for an additional fee, as set forth in Rate Schedule
SS-9a. The maximum liability for merchandise is $5,000 per piece. For
negotiable items, currency, or bullion, the maximum liability is $15.
9a.022 Indemnity claims for Express Mail must be filed within a
specified period of time from the date the article was mailed.
9a.023 Indemnity will be paid under terms and conditions
prescribed by the Postal Service.
9a.024 Among other limitations prescribed by the Postal Service,
indemnity will not be paid by the Postal Service for loss, damage or
rifling:
a. Of nonmailable matter;
b. Due to improper packaging;
c. Due to seizure by any agency of government; or,
d. Due to war, insurrection or civil disturbances.
9a.03-- Fees
9a.030 The fees for Express Mail Insurance service are set forth
in Rate Schedule SS-9a.
Classification Schedule SS-10--Post Office Box Service
10.01 Definition
10.010 Post office box service is a service which provides the
customer with a private, locked receptacle for the receipt of [his]
mail during the hours when the lobby of a postal facility is open.
10.02 Description of Service
* * * * *
10.021 A post office box holder may [request] ask the Postal
Service to deliver to the post office box all mail properly addressed
to the holder. [him through the post office box.] If the post office
box is located at the post office indicated on the piece, it will be
transferred without additional charge, in accordance with existing
regulations.
* * * * *
10.03 Fees
* * * * *
10.031 In postal facilities primarily serving academic
institutions or the students of such institutions, [periods of rental
and] fees for post office boxes are administered as follows:
------------------------------------------------------------------------
Period [for] of box [rentals] use Fee
------------------------------------------------------------------------
95 days or less........................... \1/2\ semi-annual fee.
96 to 140 days............................ \3/4\ semi-annual fee.
141 to 190 days........................... Full semi-annual fee.
191 to 230 days........................... 1\1/4\ semi-annual fee.
231 to 270 days........................... 1\1/2\ semi-annual fee.
271 days to full year..................... Full annual fee.
------------------------------------------------------------------------
10.032 No refunds will be made for [boxes rented] post office box
fees paid under section 10.031. For purposes of this classification
schedule SS-10, the full annual fee is twice the amount of the semi-
annual fee.
[[Page 31973]]
Classification Schedule SS-11--Mailing List Services
11.01 Definition
* * * * *
11.02 Description of Service
* * * * *
11.0221 Gummed labels, wrappers, envelopes or [postal] stamped or
post cards indicative of one-time use will not be accepted as mailing
lists.
* * * * *
Classification Schedule SS-13--Parcel Airlift (PAL)
* * * * *
13.07 Other Services
13.070 The following services, if applicable to the class of mail,
may be obtained in conjunction with mail sent under this classification
schedule upon payment of the applicable fees:
------------------------------------------------------------------------
Classification schedule
------------------------------------------------------------------------
a. Certificate of mailing................ SS-4
b. Insured mail.......................... SS-9
c. Restricted delivery (if insured for SS-15
more than [$25] $50).
d. Return receipt (if insured for more SS-16
than [$25] $50).
[e. Special delivery (if mailed for SS-17]
delivery within the 48 contiguous
states).
[f.] e. Special handling................. SS-18
------------------------------------------------------------------------
* * * * *
Classification Schedule SS-14--Registered Mail
* * * * *
14.02 Description of Service
* * * * *
14.021 Registered mail service provides [optional] insurance up to
a maximum of $25,000[. ], depending upon the actual value at the time
of mailing, except that insurance is optional for articles valued $100
or less.
* * * * *
14.026 Indemnity claims for registered mail on which insurance is
provided, or for articles valued $100 or less on which optional
insurance has been elected, must be filed within a specified period of
time from the date the article was mailed.
* * * * *
14.06 Other Services
14.060 The following services may be obtained in conjunction with
mail sent under this classification schedule upon payment of applicable
fees:
------------------------------------------------------------------------
Classification schedule
------------------------------------------------------------------------
a. Collect on delivery................... SS-6
b. Restricted delivery................... SS-15
c. Return receipt........................ SS-16
[d. Special delivery..................... SS-17]
[e.] d. Merchandise return (shippers SS-20
only).
------------------------------------------------------------------------
14.07 Fees
14.070 The fees for registered mail [and related optional
indemnity purchase] are set forth in Rate Schedule SS-14.
* * * * *
Classification Schedule SS-16--Return Receipts
* * * * *
16.02 Description of Service
16.020 Return receipt service is available for mail sent under the
following classification schedules:
------------------------------------------------------------------------
Classification schedule
------------------------------------------------------------------------
a. Certified mail........................ SS-5
b. COD mail.............................. SS-6
c. Insured mail (if insured for more than SS-9
$50).
d. Registered mail....................... SS-14
e. Express Mail.......................... .............................
f. [First-Class] Priority Mail .............................
(merchandise only).
g. Standard Mail (merchandise only) sent .............................
by Single Piece, Parcel Post, Bound
Printed Matter, Special, and Library
Subclasses).
------------------------------------------------------------------------
16.021 Return receipt service is available at the time of mailing
or, when purchased in conjunction with certified, COD, insured (if for
more than $50), registered, or Express Mail, after mailing.
16.0211 Mailers requesting return receipt service at the time of
mailing will be provided, as appropriate:
[a. The] the signature of the addressee or [his] addressee's agent,
[and] the date delivered, [or]
[b. The signature of the addressee or his agent, the date delivered and
the address of delivery], if different from the address on the
mailpiece.
* * * * *
[Classification Schedule SS-17--Special Delivery]
[17.01 Definition]
[17.01 Special delivery service is a service that provides for
preferential handling in dispatch and transportation, and delivery of
mail as soon as practicable after arrival at the addressee's post
office.]
[17.020 Description of Service]
[17.020 Special delivery service is available for mail sent under the
following classification schedules:]
[a. First-Class Mail].
[b. Periodicals].
[c. Single Piece, Parcel Post, Bound Printed Matter, Special, and
Library Standard Mail].
[17.021 Special delivery is made only to addresses where it is known
that such delivery can be made.]
[17.022 Special delivery mail is delivered during prescribed hours in
addition to regular carrier delivery hours.]
[17.023 If delivery cannot be made a notice of arrival is left at the
address.]
[17.03 Requirements of the Mailer]
[17.030 Mail sent under this classification schedule must be
identified as prescribed by regulation.]
[17.04 Deposit of Mail]
[17.040 Special delivery mail must be deposited in a manner prescribed
by the Postal Service.]
[17.05 Forwarding and Return]
[17.050 Special delivery mail which is forwarded or returned does not
receive special delivery service unless the special delivery fee has
been guaranteed, or if a forwarding order had been given by the
addressee at the office of original address in advance of the arrival
of the mail.]
[17.06 Other Services]
[17.060 The following services, if applicable to the class of mail,
may be obtained in conjunction with mail sent under this classification
schedule upon payment of the applicable fees:]
------------------------------------------------------------------------
Classification schedule
------------------------------------------------------------------------
[a. Certificate of mailing............... SS-4]
[b. Certified mail....................... SS-5]
[c. COD mail............................. SS-6]
[d. Insured mail......................... SS-9]
[e. Parcel airlift....................... SS-13]
[f. Registered mail...................... SS-14]
------------------------------------------------------------------------
[17.07 Fees ]
[17.070 The fees for special delivery service are set forth in Rate
Schedule SS-17.]
Classification Schedule SS-18--Special Handling
* * * * *
18.02 Description of Service
* * * * *
18.021 Special handling [(or special delivery)] service is
mandatory for
[[Page 31974]]
matter which requires special attention in handling, transportation and
delivery.
* * * * *
Classification Schedule SS-19--Stamped Cards and Envelopes
19.01 Definitions
19.010 Plain stamped envelopes and printed stamped envelopes are
envelopes with postage thereon offered for sale by the Postal Service.
19.011 Stamped cards and double stamped cards are defined in
classification schedule 222.11 and 222.13, respectively.
19.02 Description of Service
19.020 Stamped envelopes are available for:
a. First-Class Mail within the first rate increment.
b. Standard Mail mailed at a minimum per-piece rate as prescribed
by the Postal Service.
19.021 Printed stamped envelopes may be obtained by special
request.
19.022 Stamped cards are available for First-Class Mail.
19.03 Fees
19.030 The fees for stamped cards and envelopes are set forth in
Rate Schedule SS-19.
* * * * *
Attachment B--Special Services Fees and Classifications
Requested Changes in the Special Service Schedules
In conjunction with the requested changes in the Domestic Mail
Classification Schedule (DMCS) set forth in Attachment A, the Postal
Service also is requesting that the Commission recommend corresponding
changes in the attendant special service schedules and the title of
Rate Schedule 222.
The special service schedules were last amended in part by the
Decision of the Governors Approving in part the Recommended Decision of
the Postal Rate Commission on Classification Reform I. Rate Schedules
amended in connection with that decision, along with fee schedules for
all special services, which were published for informational purposes
in the Federal Register on March 12, 1996 (61 Fed. Reg. 10,220), are
incorporated by reference in this Request.
Proposed additions to the text of the schedules are underlined;
proposed deletions are in brackets. The requested changes in the
schedules are as follows:
* * * * *
First-Class Mail--Rate Schedule 222--[Postal] Stamped and Post
Cards
* * * * *
Schedule SS-5.--Certified Mail
------------------------------------------------------------------------
Fee (in addition to postage)
------------------------------------------------------------------------
Per piece.................... [$1.10] $1.50
------------------------------------------------------------------------
* * * * *
Schedule SS-9.--Insured Mail
------------------------------------------------------------------------
Liability Fee (in addition to postage)
------------------------------------------------------------------------
$ 0.01 to $ 50............... $0.75
50.01 to 100................. 1.60
[100.01 to 200............... 2.50]
[200.01 to 300............... 3.40]
[300.01 to 400............... 4.30]
[400.01 to 500............... 5.20]
[500.01 to 600............... 6.10]
100.01 to 5000............... $1.60 plus $0.90 for each $100 or
fraction thereof over the first $100 in
value.
------------------------------------------------------------------------
Schedule SS-9A--Express Mail Insurance
----------------------------------------------------------------------------------------------------------------
Fee (in addition to postage)
----------------------------------------------------------------------------------------------------------------
$0.01 to $500....................... No charge.
----------------------------------------------------------------------------------------------------------------
Merchandise
----------------------------------------------------------------------------------------------------------------
Value Level:
$0.01 to $500....................... No charge.
500.01 to 5000...................... $0.90 for each $100 or fraction thereof over $500 in value.
----------------------------------------------------------------------------------------------------------------
[[Page 31975]]
Schedule SS-10.--Post Office Boxes and Caller Service
----------------------------------------------------------------------------------------------------------------
Semi-annual fees ($)
Box size [Box capacity (cu. in.) -------------------------------------
IA IB IC
----------------------------------------------------------------------------------------------------------------
[A. Post Office Box Semi-Annual Rental
Rate]:
[Group I--offices with city carrier
service]:
1............................... Under 296....................... $24.00 $22.00 $20.00
2............................... 296-499......................... 37.00 33.00 29.00
3............................... 500-999......................... 64.00 56.00 52.00
4............................... 1000-1999....................... 105.00 95.00 86.00
5............................... 2000 and over................... 174.00 155.00 144.00
[Group II--offices without city
carrier service:
1 annual........................ ................................ 8.00
2 annual........................ ................................ 13.00
3 semi-annual................... ................................ 12.00
4 semi-annual................... ................................ 17.50
5 semi-annual................... ................................ 27.50]
[Group III--offices without rural
carrier service:
Box sizes 1-5 annual............ ................................ 2.00]
[B. Caller Service:
For Caller Service semi-annual...... ................................ 250.00 240.00 225.00]
[For Each Reserved Call Number ................................ 30.00]
annual.
----------------------------------------------------------------------------------------------------------------
A. Semi-Annual Fees at Offices That Offer Any Carrier Service \1\
----------------------------------------------------------------------------------------------------------------
Fee group
Box size Box capacity (cu. in.) -----------------------------------------------
A B C D
----------------------------------------------------------------------------------------------------------------
1.............................. Under 296 $30.00 $28.00 $25.00 $8.00
2.............................. 296-499 46.00 41.00 36.00 13.00
3.............................. 500-999 80.00 70.00 65.00 24.00
4.............................. 1000-1999 121.00 109.00 95.00 35.00
5.............................. 2000 and over 209.00 186.00 150.00 55.00
----------------------------------------------------------------------------------------------------------------
B. Semi-Annual Fees at Offices That Do Not Offer Any Carrier Service \1\
------------------------------------------------------------------------
Box size Fee
------------------------------------------------------------------------
1-5..................................................... \2\ $0.00
------------------------------------------------------------------------
C. Caller Service Fees
----------------------------------------------------------------------------------------------------------------
Fee group
---------------------------------------------------
A B C D
----------------------------------------------------------------------------------------------------------------
Caller Service (semi-annual)................................ $250.00 $250.00 $250.00 $250.00
Each Reserved Call Number (annual).......................... 30.00 30.00 30.00 30.00
----------------------------------------------------------------------------------------------------------------
NOTES:
\1\ In addition to the fees specified, all customers will be subject to an additional semi-annual $18.00
nonresident fee per box, regardless of box size, unless they receive, pursuant to postal regulations, an
exemption based upon proof of local residency.
\2\ Post office box customers who are eligible to receive carrier service at their delivery addresses are
ineligible for these fees and are subject instead to Group D fees.
* * * * *
Schedule SS-14.--Registered Mail
------------------------------------------------------------------------
Fees (in addition to postage)
-----------------------------------
Value For articles For articles
covered by not covered by
insurance insurance
------------------------------------------------------------------------
$0.00 to 100........................ \1\ $4.85 \1\ [$4.85]
0.00 to 100......................... \2\ 4.95 ...............
100.01 to 500....................... 5.40 [5.20]
500.01 to 1,000..................... 5.85 [5.55]
1,000.01 to 2,000................... 6.30 [5.90]
[[Page 31976]]
2,000.01 to 3,000................... 6.75 [6.25]
3,000.01 to 4,000................... 7.20 [6.60]
4,000.01 to 5,000................... 7.65 [6.95]
5,000.01 to 6,000................... 8.10 [7.30]
6,000.01 to 7,000................... 8.55 [7.65]
7,000.01 to 8,000................... 9.00 [8.00]
8,000.01 to 9,000................... 9.45 [8.35]
9,000.01 to 10,000.................. 9.90 [8.70]
10,000.01 to 11,000................. 10.35 [9.05]
11,000.01 to 12,000................. 10.80 [9.40]
12,000.01 to 13,000................. 11.25 [9.75]
13,000.01 to 14,000................. 11.70 [10.10]
14,000.01 to 15,000................. 12.15 [10.45]
15,000.01 to 16,000................. 12.60 [10.80]
16,000.01 to 17,000................. 13.05 [11.15]
17,000.01 to 18,000................. 13.50 [11.50]
18,000.01 to 19,000................. 13.95 [11.85]
19,000.01 to 20,000................. 14.40 [12.20]
20,000.01 to 21,000................. 14.85 [12.55]
21,000.01 to 22,000................. 15.30 [12.90]
22,000.01 to 23,000................. 15.75 [13.25]
23,000.01 to 24,000................. 16.20 [13.60]
24,000.01 to 25,000................. 16.65 [13.95]
25,000.01 to 1,000,000.............. 16.65 [13.95]
Plus handling charge per $1,000
or fraction over first $25,000. 0.45 [0.35]
1,000,000 to 15,000,000............. 455.40 [355.20]
Plus handling charge per $1,000
or fraction over first
$1,000,000..................... 0.45 [0.35]
Over 15,000,000: additional charges
may be based on consideration of
weight, space and value............
------------------------------------------------------------------------
\1\ Without insurance.
\2\ With insurance.
* * * * *
Schedule SS-16
------------------------------------------------------------------------
Return and fee (in
Receipts and description addition to
postage)
------------------------------------------------------------------------
Requested at time of mailing:
[Showing to whom (signature) and date delivered $1.10]
[Merchandise only--without another special
service....................................... 1.20]
Showing to whom (signature), [and] date, and
address (if different) where delivered........ 1.50
Merchandise only--without another special
service....................................... 1.65
Requested after mailing:
Showing to whom and date delivered............. 6.60
------------------------------------------------------------------------
[Schedule SS-17]
[Special Delivery]
------------------------------------------------------------------------
[Fee] [(in addition
to postage)]
------------------------------------------------------------------------
[First-Class and Priority Mail:
Not more than 2 pounds......................... 9.95
Over 2 pounds but not over 10 pounds........... 10.35
Over 10 pounds................................. 11.15]
[All Other Classes:
Not more than 2 pounds......................... 10.45
Over 2 pounds but not over 10 pounds........... 11.25
Over 10 pounds................................. 12.10]
------------------------------------------------------------------------
* * * * *
[[Page 31977]]
Schedules SS-19.--Stamped Cards and Envelopes
------------------------------------------------------------------------
Fee (in
addition to
postage)
------------------------------------------------------------------------
Cards:
Stamped Card........................................... $0.02
Double Stamped Card.................................... 0.04
Envelopes:
Single Sale............................................ 0.06
Bulk (500) #6-3/4 size:
Regular............................................ 8.20
Window............................................. 9.00
Bulk (500) size > #6-3/4 through #10: \1\
Regular............................................ 12.00
Window............................................. 13.00
Multi-Color Printing (500):
#6-3/4 size........................................ 10.50
#10 size \1\....................................... 15.00
Printing Charge per 500 Envelopes (for each type of
printed envelope):
Minimum Order (500 envelopes)...................... 4.40
Order for 1,000 or more envelopes.................. 4.40
Double Window (500)--size > #6-3/4 through #10: \1\.... 15.00
Household (50):
Size # 6-3/4:
Regular........................................ 3.00
Window......................................... 3.10
Size > #6-3/4 through #10:
Regular........................................ 3.20
Window......................................... 3.30
------------------------------------------------------------------------
\1\ Fee for precancelled envelopes is the same.
* * * * *
Attachment C--Special Services Fees and Classifications
Special Rules of Practice
1. Evidence
A. Case-in-chief. A participant's case-in-chief shall be in writing
and shall include the participant's direct case and rebuttal, if any,
to the United States Postal Service's case-in-chief. It may be
accompanied by a trial brief or legal memoranda. There will be a stage
providing an opportunity to rebut presentations of other participants
and for the Postal Service to present surrebuttal evidence.
B. Exhibits. Exhibits should be self-explanatory. They should
contain appropriate footnotes or narrative explaining the source of
each item of information used and the methods employed in statistical
compilations. The principal title of each exhibit should state what it
contains or represents. The title may also contain a statement of the
purpose for which the exhibit is offered; however, this statement will
not be considered part of the evidentiary record. Where one part of a
multi-part exhibit is based on another part or on another exhibit,
appropriate cross-references should be made. Relevant exposition should
be included in the exhibits or provided in accompanying testimony.
C. Motions to Strike. Motions to strike are requests for
extraordinary relief and are not substitutes for briefs or rebuttal
evidence. All motions to strike testimony or exhibit materials are to
be submitted in writing at least 14 days before the scheduled
appearance of the witness. Responses to motions to strike are due
within seven days.
D. Designation of Evidence from other Commission Dockets.
Participants may request that evidence received in other Commission
proceedings be entered into the record of this proceeding. These
requests should be made by motion, should explain the purpose of the
designation, and should identify material by page and line or paragraph
number. Absent extraordinary justification, these requests must be made
at least 28 days before the date for filing the participant's direct
case. If requests for designations and counter-designations are
granted, the moving participant must submit two copies of the approved
material to the Secretary of the Commission for inclusion in the
record.
Oppositions to motions for designation and/or requests for counter-
designations shall be filed within 14 days.
2. Discovery
A. General. Rules 25, 26 and 27 apply during the discovery stage of
this proceeding except when specifically overtaken by these special
rules. Questions from each participant should be numbered sequentially,
by witness.
The discovery procedures set forth in the rules are not exclusive.
Parties are encouraged to engage in informal discovery whenever
possible to clarify exhibits and testimony. The results of these
efforts may be introduced into the record by stipulation, by
supplementary testimony or exhibit, by presenting selected written
interrogatories and answers for adoption by a witness at the hearing,
or by other appropriate means.
In the interest of reducing motion practice, parties also are
encouraged to use informal means to clarify questions and to identify
portions of discovery requests considered overbroad or burdensome.
B. Objections and Motions to Compel Responses to Discovery. Upon
motion of any participant in the proceeding, the Commission or the
presiding officer may compel an answer to an interrogatory or request
for admissions if the objection is overruled. Motions to compel should
be filed within 14 days of an objection to the discovery request.
Parties who have objected to interrogatories or requests for
production of documents or items which are the subject of a motion to
compel shall have seven days to answer. Answers will be considered
supplements to the arguments presented in the initial objection.
[[Page 31978]]
C. Answers to Interrogatories. Answers to discovery are to be filed
within 14 days of the service of the discovery request. Answers to
discovery requests shall be prepared so that they can be incorporated
as written cross-examination. Each answer shall begin on a separate
page, identify the individual responding, the participant who asked the
question, and the number and text of the question.
Participants are expected to serve supplemental answers to update
or to correct responses whenever necessary, up until the date that
answers are accepted into evidence as written cross-examination.
Participants filing supplemental answers shall indicate whether the
answer merely supplements the previous answer to make it current or
whether it is a complete replacement for the previous answer.
Participants may submit responses with a declaration of accuracy
from the respondent in lieu of a sworn affidavit.
D. Follow-up Interrogatories. Follow-up interrogatories to clarify
or elaborate on the answer to an earlier discovery request may be filed
after the initial discovery period ends. They must be served within
seven days of receipt of the answer to the previous interrogatory
unless extraordinary circumstances are shown.
E. Discovery to Obtain Information Available Only from the Postal
Service. Rules 25 through 27 allow discovery reasonably calculated to
lead to admissible evidence during a noticed proceeding with no time
limitations. Generally, through actions by the presiding officer,
discovery against a participant is scheduled to end prior to the
receipt into evidence of that participant's direct case. An exception
to this procedure shall operate when a participant needs to obtain
information (such as operating procedures or data) available only from
the Postal Service. Discovery requests of this nature are permissible
up to 20 days prior to the filing date for final rebuttal testimony.
3. Service
A. Receipt of Documents. The Service List shall contain the name
and address of up to two individuals entitled to receive copies of
documents for each participant. If possible that entry will also
include a telephone number and facsimile number. Individuals on the
service list willing to receive documents electronically will provide
their e-mail address which shall appear on the Service List. Service on
those individuals should be made electronically if possible. Otherwise
service should be effected as provided in Rule of Practice 12.
B. Service of Documents. Service of documents may be effected using
one of three procedures. Procedure (1): participants will file
documents and effect service as provided in Rules of Practice 9-12.
Procedure (2): participants will provide the Commission with a diskette
containing the text of each filing simultaneously with the filing of an
original and one hard copy. Procedure (2) participants will serve all
individuals on the service list not identified as willing to receive
electronic service as provided by Rule of Practice 12. The Commission
will provide service via e-mail to the remainder of the service list.
Procedure (3): participants will provide the Commission with an
original, one hard copy, and an electronic copy sent by e-mail to PRC-
[email protected] Procedure (3) participants will provide service
electronically via e-mail to those individuals identified on the
service list as willing to receive electronic service and will serve
the remainder as required by Rule of Practice 12.
Certificates of service should identify the procedure used to
effect service.
C. Exceptions to general service requirements for certain
documents. Designations of written cross-examination, notices of intent
to conduct oral cross-examination, and notices of intent to participate
in oral argument need to be served only on the Commission, the OCA, the
Postal Service, and the complementary party (as applicable), as well as
on participants filing a special request for service.
Discovery requests, objections and answers thereto need to be
served on the Commission, the OCA, on the complementary party, and on
any other participant so requesting, as provided in rules 25-27.
Special requests relating to discovery must be served individually upon
the party conducting discovery and state the witness who is the subject
of the special request.
D. Document titles. Parties should include titles that effectively
describe the basic content of any filed documents. Where applicable,
titles should identify the issue addressed and the relief requested.
Transmittal documents should identify the answers or other materials
being provided.
4. Cross-examination
A. Written cross-examination. Written cross-examination will be
utilized as a substitute for oral cross-examination whenever possible,
particularly to introduce factual or statistical evidence.
Designations of written cross-examination should be served no later
than three working days before the scheduled appearance of a witness.
Designations shall identify every item to be offered as evidence,
listing the participant who initially posed the discovery request, the
witness and/or party to whom the question was addressed (if different
from the witness answering), the number of the request and, if more
than one answer is provided, the dates of all answers to be included in
the record. (For example, ``OCA-T1-17 to USPS witness Jones, answered
by USPS witness Smith (July 1, 1996) as updated (July 21, 1996).'' When
a participant designates written cross-examination, two copies of the
documents to be included shall simultaneously be submitted to the
Secretary of the Commission.
The Secretary of the Commission shall prepare for the record a
packet containing all materials designated for written cross-
examination in a format that facilitates review by the witness and
counsel. The witness will verify the answers and materials in the
packet, and they will be entered into the transcript by the presiding
officer. Counsel for a witness may object to written cross-examination
at that time, and any designated answers or materials ruled
objectionable will be stricken from the record.
B. Oral cross-examination. Oral cross-examination will be permitted
for clarifying written cross-examination and for testing assumptions,
conclusions or other opinion evidence. Requests for permission to
conduct oral cross-examination should be served three or more working
days before the announced appearance of a witness and should include
(1) specific references to the subject matter to be examined and (2)
page references to the relevant direct testimony and exhibits.
Participants intending to use complex numerical hypotheticals or to
question using intricate or extensive cross-references, shall provide
adequately documented cross-examination exhibits for the record. Copies
of these exhibits should be provided to counsel for the witness at
least two calendar days (including one working day) before the
witness's scheduled appearance.
5. General
Argument will not be received in evidence. It is the province of
the lawyer, not the witness. It should be presented in brief or
memoranda. Legal memoranda on matters at issue will be welcome at any
stage of the proceeding.
New affirmative matter (not in reply to another party's direct
case) should not be included in rebuttal testimony or exhibits.
[[Page 31979]]
Cross-examination will be limited to testimony adverse to the
participant conducting the cross-examination.
Library references may be submitted when documentation or materials
are too voluminous reasonably to be distributed. Each party should
sequentially number items submitted as library references and provide
each item with an informative title. Parties are to file and serve a
separate Notice of Filing of Library Reference(s). Library material is
not evidence unless and until it is designated and sponsored by a
witness.
[FR Doc. 96-15777 Filed 6-20-96; 8:45 am]
BILLING CODE 7710-FW-P
