On May 31, 2012, the Commission issued a notice and order concerning the Postal Service’s request for an advisory opinion on the Post Office Structure Plan.1 To further explore issues raised in these proceedings, a hearing on the Postal Service’s direct case shall take place on July 11, 2012 at 9:30 a.m. in the Commission’s hearing room. The Postal Service’s witness, Jeffrey C. Day, is instructed to appear, enter testimony, and be subject to oral cross-examination on that day. Oral cross-examination will be limited to issues raised in the witness’s testimony and in the Postal Service’s responses to discovery requests.
Notices of intent to conduct oral cross-examination are due July 6, 2012.2 An estimate of the amount of oral cross-examination (light, moderate, or heavy) shall be included with each notice.
Some material has been filed under seal in this proceeding. Counsel should attempt to formulate oral cross-examination questions such that the hearing may remain open to the public. If this is not possible, a closed session will be convened at the end of the hearing day. Participants must indicate in the notice of intent to conduct oral cross-examination any need to conduct a closed session of the hearing.Designations of written cross-examination are due July 6, 2012. See 39 CFR 3001.30(e)(2). Each participant designating written cross-examination shall simultaneously submit to the Commission’s dockets section a designation package containing two hard copies of each designated document (single-sided, unstapled, and not hole-punched).
1 Notice and Order Concerning the Postal Service’s Request for an Advisory Opinion on its Post Office Structure Plan, May 31, 2012 (Order No. 1361).
2 Order No. 1361 set July 2, 2012 as the deadline for filing notices of intent to conduct oral cross-examination.
This Ruling supersedes that order and extends the deadline to July 6, 2012.
A slightly different procedure shall be followed for designating material under seal. A separate notice of designation shall be prepared that clearly indicates the intent to designate material under seal. Copies of material under seal shall not be filed or included with the designation packet submitted to the Commission. Two copies of this material shall be sealed in an envelope clearly marked as material under seal with the contents identified by interrogatory number(s) or other appropriate designation. This material shall be hand carried to the hearing room for entry into the record.
1. A hearing on the Postal Service’s direct case shall take place on July 11, 2012 at 9:30 a.m. in the Commission’s hearing room.
2. Notices of intent to conduct oral cross-examination are due July 6, 2012.
3. Designations of written cross-examination are due July 6, 2012.
4. Procedures for filing notices of intent to conduct oral cross-examination and designations of written cross-examination are set forth in the body of this Ruling.
Nanci E. Langley