Negotiated Service Agreement, 10418-10420 [05-4111]
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Federal Register / Vol. 70, No. 41 / Thursday, March 3, 2005 / Notices
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ADAMS Access.) Persons who do not
have access to ADAMS or who
encounter problems in accessing the
documents located in ADAMS should
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For the Nuclear Regulatory Commission.
Christopher Gratton,
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[FR Doc. 05–4068 Filed 3–2–05; 8:45 am]
BILLING CODE 7590–01–P
POSTAL RATE COMMISSION
[Docket No. MC2005–2; Order No. 1431]
Negotiated Service Agreement
Postal Rate Commission.
Notice and order on new
negotiated service agreement case.
AGENCY:
ACTION:
SUMMARY: This document establishes a
docket for consideration of the Postal
Service’s request for approval of a
negotiated service agreement with HSBC
North America Holdings Inc. It
identifies key elements of the proposed
agreement, its relationship to the Capital
One Services, Inc. negotiated service
agreement, and addresses preliminary
procedural matters.
DATES: Key dates are:
1. March 16, 2005: Deadline for filing
notices of intervention.
2. March 18, 2005: Deadline for filing
statements on need for hearing,
objections to limiting issues, and
objections to rule 196 [39 CFR 3001.196]
procuedures.
3. March 24, 2005: Prehearing
conference (10 a.m.), followed
immediately by a settlement conference.
ADDRESSES: Submit comments
electronically via the Commission’s
Filing Online system at https://
www.prc.gov.
FOR FURTHER INFORMATION CONTACT:
Stephen L. Sharfman, general counsel,
at 202–789–6818.
SUPPLEMENTARY INFORMATION:
Procedural History
Capital One Services, Inc. Negotiated
Service Agreement, 67 FR 61355
(September 30, 2002).
Negotiated Service Agreement
Proposed Rule, 68 FR 52546 (September
4, 2003).
Negotiated Service Agreement Final
Rule, 69 FR 7574 (February 19, 2004).
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16:38 Mar 02, 2005
Jkt 205001
Negotiated Service Agreement
Proposed Rule, 70 FR 7704 (February
15, 2005).
On February 23, 2005, the United
States Postal Service filed a request
seeking a recommended decision from
the Postal Rate Commission approving a
Negotiated Service Agreement with
HSBC North America Holdings Inc.1
The Negotiated Service Agreement is
proffered as functionally equivalent to
the Capital One Services, Inc.
Negotiated Service Agreement (baseline
agreement) as recommended by the
Commission in Docket No. MC2002–2.
The Request, which includes six
attachments, was filed pursuant to
chapter 36 of the Postal Reorganization
Act, 39 U.S.C. 3601 et seq.2
The Postal Service has identified
HSBC North America Holdings Inc.
(HSBC), along with itself, as parties to
the Negotiated Service Agreement. This
identification serves as notice of
intervention by HSBC. It also indicates
that HSBC shall be considered a coproponent, procedurally and
substantively, of the Postal Service’s
Request during the Commission’s
review of the Negotiated Service
Agreement. Rule 191(b) (39 CFR
3001.191(b)). An appropriate Notice of
Appearance and Filing of Testimony as
Co-Proponent by HSBC North America
Holdings Inc., February 23, 2005, also
was filed.
In support of the direct case, the
Postal Service has filed Direct
Testimony of Jessica A. Dauer on Behalf
of the United States Postal Service,
February 23, 2005 (USPS–T–1). HSBC
has separately filed Direct Testimony of
John H. Harvey on Behalf of HSBC
North America Holdings Inc., February
23, 2005 (HSBC–T–1). The Postal
Service has reviewed the HSBC
testimony and, in accordance with rule
192(b) (39 CFR 3001.192(b)), states that
such testimony may be relied upon in
presentation of the Postal Service’s
direct case.3
1 Request of the United States Postal Service for
a Recommended Decision on Classifications, Rates
and Fees to Implement a Functionally Equivalent
Negotiated Service Agreement with HSBC North
America Holdings Inc., February 23, 2005 (Request).
2 Attachments A and B to the Request contain
proposed changes to the Domestic Mail
Classification Schedule and the associated rate
schedules; Attachment C is a certification required
by Commission rule 193(i) specifying that the cost
statements and supporting data submitted by the
Postal Service, which purport to reflect the books
of the Postal Service, accurately set forth the results
shown by such books; Attachment D is an index of
testimony and exhibits; Attachment E is a
compliance statement addressing satisfaction of
various filing requirements; and Attachment F is a
copy of the Negotiated Service Agreement.
3 Request at 2–3, fn. 2.
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The Request relies substantially on
record evidence entered in the baseline
docket, Docket No. MC2002–2. The
Postal Service’s Compliance Statement,
Request Attachment E, identifies the
baseline docket material on which it
proposes to rely.
Requests that are proffered as
functionally equivalent to baseline
Negotiated Service Agreements are
handled expeditiously, until a final
determination has been made as to their
proper status. The Postal Service’s
Compliance Statement, Request
Attachment E, is noteworthy in that it
provides valuable information to
facilitate rapid review of the Request to
aid participants in evaluating whether
or not the procedural path suggested by
the Postal Service is appropriate.
The Postal Service submitted several
contemporaneous related filings with its
Request. The Postal Service has filed a
proposal for limitation of issues in this
docket.4 Rule 196(a)(6) (39 CFR
3001.196(a)(6)). The proposal identifies
issues that were previously decided in
the baseline docket, and key issues that
are unique to the instant Request.
Rule 196(b) (39 CFR 3001.196(b))
requires the Postal Service to provide
written notice of its Request, either by
hand delivery or by First-Class Mail, to
all participants of the baseline docket,
MC2002–2. This requirement provides
additional time, due to an abbreviated
intervention period, for the most likely
participants to decide whether or not to
intervene. A copy of the Postal Service’s
notice was filed with the Commission
on February 23, 2005.5
The Postal Service has filed a
conditional request to establish
settlement procedures.6 The Postal
Service believes that there is a distinct
possibility that no party will identify
any need for a hearing, thus there would
be no need to engage in settlement
discussions. However, if the parties do
have issues that they want to explore,
settlement discussions might provide a
convenient forum to resolve those
issues.
The Postal Service’s Request, the
accompanying testimonies of witnesses
Dauer (USPS–T–1) and Harvey (HSBC–
T–1), the baseline Docket No. MC2002–
2 material, and other related material
are available for inspection at the
4 United States Postal Service Proposal for
Limitation of Issues, February 23, 2005.
5 Notice of the United States Postal Service
Concerning the Filing of a Request for a
Recommended Decision on a Functionally
Equivalent Negotiated Service Agreement, February
23, 2005.
6 Conditional Request of the United States Postal
Service for Establishment of Settlement Procedures,
February 23, 2005.
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Federal Register / Vol. 70, No. 41 / Thursday, March 3, 2005 / Notices
Commission’s docket section during
regular business hours. They also can be
accessed electronically, via the Internet,
on the Commission’s Web site (https://
www.prc.gov).
I. Background: The Baseline Capital
One Negotiated Service Agreement,
Docket No. MC2002–2
If a request predicated on a Negotiated
Service Agreement is found to be
functionally equivalent to a previously
recommended, and currently in effect,
Negotiated Service Agreement, it may be
afforded accelerated review. Rule 196
[39 CFR 3001.196]. The Postal Service
asserts that the Negotiated Service
Agreement in its instant Request is
functionally equivalent to the now in
effect Capital One Negotiated Service
Agreement recommended by the
Commission in Docket No. MC2002–2.7
The Capital One Negotiated Service
Agreement will remain in force from
September 1, 2003 to September 1,
2006.8
The Capital One Negotiated Service
Agreement is based upon two
significant mail service features—an
address correction service feature, and a
declining block rate volume discount
feature.
The address correction service feature
provides Capital One, at certain levels of
volume, electronic address corrections
without fee for First-Class Mail
solicitations that are undeliverable as
addressed (UAA). In return for receipt of
electronic address correction, Capital
One will no longer receive physical
return of its UAA First-Class solicitation
mail that cannot be forwarded. Capital
One will also be required to maintain
and improve the address quality for its
First-Class Mail.
Use of the address correction service
feature is a prerequisite to use the
second feature of the Negotiated Service
Agreement, a declining block rate
volume discount. This feature provides
Capital One with a per-piece discount
for bulk First-Class Mail volume above
an annual threshold volume. The perpiece discount varies from 3 to 6 cents
under a ‘‘declining-block’’ rate
structure. Should first-year mail volume
decline under a predetermined quantity,
a reduced threshold and lower initial
discounts take effect.
To account for several unknowns, the
Commission’s recommendation
incorporates a stop-loss provision in the
amount of $40.637 million.
7 See, Opinion and Recommended Decision,
Docket No. MC2002–2, May 15, 2003.
8 Notice of the United States Postal Service of
Decision of the Governors, June 3, 2003.
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16:38 Mar 02, 2005
Jkt 205001
II. The HSBC Negotiated Service
Agreement
The Postal Service proposes to enter
into a three-year Negotiated Service
Agreement with HSBC. It asserts that
the HSBC Negotiated Service Agreement
is based on the same two substantive
functional elements that are central to
the Capital One Negotiated Service
Agreement—an address correction
element and a declining block rate
volume discount element.
The address correction element
provides, at certain levels of volume,
electronic address corrections without
fee for solicitations sent by First-Class
Mail that are undeliverable as addressed
and cannot be forwarded under existing
regulations. In return, HSBC agrees to
forgo physical return of such
undeliverable mail provided under the
existing service features of First-Class
Mail.
The declining block rate volume
discount element provides HSBC with
per-piece discounts of those portions of
its First-Class Mail solicitations that
exceed specified volume thresholds.
The initial volume threshold, which
must be exceeded to receive any
discount, is 615 million pieces. The
negotiated volume threshold is
increased annually. The discounts range
from 2.5 cents to 5.0 cents depending on
the block volume.
The Postal Service estimates it will
benefit by $6.1 million over the life of
the Negotiated Service Agreement. This
is based on estimates of $6.6 million in
savings due to the address correction
feature, $3.9 million in increased
contribution due to increased mail
volume, and a net leakage of minus $4.4
million due to the discount feature of
the agreement. The agreement
establishes a $9 million discount cap
over the life of the agreement. The
agreement further provides for an
annual adjustment mechanism to the
volume thresholds.
III. Commission Response
Applicability of the rules for
functionally equivalent Negotiated
Service Agreements. For administrative
purposes, the Commission has docketed
the instant filing as a request predicated
on a Negotiated Service Agreement
functionally equivalent to a previously
recommended and ongoing Negotiated
Service Agreement. A final
determination regarding the
appropriateness of characterizing the
Negotiated Service Agreement as
functionally equivalent to the Capital
One Negotiated Service Agreement,
Docket No. MC2002–2, and application
of the expedited rules for functionally
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10419
equivalent Negotiated Service
Agreements, rule 193 (39 CFR
3001.193), will not be made until after
the prehearing conference.
Settlement. The Commission has
established rules for expeditiously
issuing recommendations in regard to
requests predicated on functionally
equivalent Negotiated Service
Agreements. If, after a prehearing
conference, it is determined that the
Postal Service’s request is properly
submitted as a functionally equivalent
request, and there are no outstanding
issues, the Commission will promptly
issue its recommendations. In such
instances, conducting a settlement
conference for the purpose of
concluding with a Stipulation and
Agreement is both unnecessary and
could interfere with the intent of the
rules to expedite the schedule.
However, the Commission encourages
communications among the Postal
Service and other participants to
facilitate resolving issues early in a
proceeding. These communications can
be either informal, or formally
sanctioned settlement conferences.
Settlement conferences early in a
proceeding still can have value in
exploring the various positions of the
different participants.
The Commission authorizes
settlement negotiations in this
proceeding. It appoints Postal Service
counsel as settlement coordinator. In
this capacity, counsel for the Service
shall file periodic reports on the status
of settlement discussions. The
Commission authorizes the settlement
coordinator to hold a settlement
conference on March 24, 2005,
immediately following the prehearing
conference in the Commission’s hearing
room. Authorization of settlement
discussions does not constitute a
finding on the proposal’s procedural
status or on the need for a hearing.
Representation of the general public.
In conformance with section 3624(a) of
title 39, the Commission designates
Shelley S. Dreifuss, director of the
Commission’s Office of the Consumer
Advocate, to represent the interests of
the general public in this proceeding.
Pursuant to this designation, Ms.
Dreifuss will direct the activities of
Commission personnel assigned to
assist her and, upon request, will supply
their names for the record. Neither Ms.
Dreifuss nor any of the assigned
personnel will participate in or provide
advice on any Commission decision in
this proceeding.
Intervention. Those wishing to be
heard in this matter are directed to file
a notice of intervention on or before
March 16, 2005. The notice of
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Federal Register / Vol. 70, No. 41 / Thursday, March 3, 2005 / Notices
intervention shall be filed using the
Internet (Filing Online) at the
Commission’s Web site (https://
www.prc.gov), unless a waiver is
obtained for hardcopy filing. Rules 9(a)
and 10(a) (39 CFR 3001.9(a) and 10(a)).
Notices should indicate whether
participation will be on a full or limited
basis. See rules 20 and 20a (39 CFR
3001.20 and 20a). No decision has been
made at this point on whether a hearing
will be held in this case.
Prehearing conference. A prehearing
conference will be held March 24, 2005,
at 10 a.m. in the Commission’s hearing
room. Participants shall be prepared to
address whether or not it is appropriate
to proceed under rule 196 (39 CFR
3001.196), and to identify any issue(s)
that would indicate the need to
schedule a hearing, along with other
matters referred to in this ruling. Rule
196(c) (39 CFR 3001.196(c)). In addition,
discussion on the Postal Service’s
proposal for limiting issues should be
presented at the prehearing conference.
Participants intending to object to
proceeding under rule 196 (39 CFR
3001.196) shall file supporting written
argument, if any, by March 18, 2005.
Participants also shall file supporting
written argument, if any, in regard to the
identification of issue(s) that would
indicate the need to schedule a hearing,
and objections to the Postal Service’s
proposal for limiting issues by March
18, 2005. The Commission intends on
deciding upon these issues shortly after
the prehearing conference.
Ordering Paragraphs
It is ordered:
1. The Commission establishes Docket
No. MC2005–2 to consider the Postal
Service Request referred to in the body
of this order.
2. The Commission will sit en banc in
this proceeding.
3. Postal Service counsel is appointed
to serve as settlement coordinator in this
proceeding. The Commission will make
its hearing room available for a
settlement conference immediately
following the prehearing conference
scheduled on March 24, 2005, and at
such times deemed necessary by the
settlement coordinator.
4. Shelley S. Dreifuss, director of the
Commission’s Office of the Consumer
Advocate, is designated to represent the
interests of the general public.
5. The deadline for filing notices of
intervention is March 16, 2005.
6. A prehearing conference will be
held March 24, 2005 at 10 a.m. in the
Commission’s hearing room.
7. Participants shall file supporting
written argument, if any, in regard to the
identification of issue(s) that would
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16:38 Mar 02, 2005
Jkt 205001
indicate the need to schedule a hearing,
objections to the Postal Service’s
proposal for limiting issues, or
objections to proceeding under rule 196
(39 CFR 3001.196) by March 18, 2005.
8. The Secretary shall arrange for
publication of this notice and order in
the Federal Register.
By the Commission.
Issued: February 28, 2005.
Steven W. Williams,
Secretary.
[FR Doc. 05–4111 Filed 3–2–05; 8:45 am]
BILLING CODE 7710–FW–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. IC–26776]
Notice of Applications for
Deregistration Under Section 8(f) of the
Investment Company Act of 1940
February 25, 2005.
The following is a notice of
applications for deregistration under
section 8(f) of the Investment Company
Act of 1940 for the month of February,
2005. A copy of each application may be
obtained for a fee at the SEC’s Public
Reference Branch, 450 Fifth St., NW.,
Washington, DC 20549–0102 (tel. (202)
942–8090). An order granting each
application will be issued unless the
SEC orders a hearing. Interested persons
may request a hearing on any
application by writing to the SEC’s
Secretary at the address below and
serving the relevant applicant with a
copy of the request, personally or by
mail. Hearing requests should be
received by the SEC by 5:30 p.m. on
March 22, 2005, and should be
accompanied by proof of service on the
applicant, in the form of an affidavit or,
for lawyers, a certificate of service.
Hearing requests should state the nature
of the writer’s interest, the reason for the
request, and the issues contested.
Persons who wish to be notified of a
hearing may request notification by
writing to the Secretary, SEC, 450 Fifth
Street, NW., Washington, DC 20549–
0609. For Further Information Contact:
Diane L. Titus at (202) 551–6810, SEC,
Division of Investment Management,
Office of Investment Company
Regulation, 450 Fifth Street, NW.,
Washington, DC 20549–0504.
Growth Fund, a series of Constellation
Funds, based on net asset value.
Expenses of $265,708 incurred in
connection with the reorganization were
paid by Hilliard Lyons Asset
Management, applicant’s investment
adviser, and Constellation Investment
Management company, LP, investment
adviser to the acquiring fund.
Filing Dates: The application was
filed on January 5, 2005, and amended
on February 18, 2005.
Applicant’s Address: Hilliard Lyons
Center, Louisville, KY 40202.
Credit Suisse Strategic Small Cap Fund,
Inc. [File No. 811–10435] and Credit
Suisse New York Tax Exempt Fund,
Inc. [File No. 811–4170]
Summary: Each applicant seeks an
order declaring that it has ceased to be
an investment company. On December
15, 2004, and January 6, 2005,
respectively, applicants made a
liquidating distribution to their
shareholders, based on net asset value.
Expenses of $15,000 and $50,000,
respectively, incurred in connection
with the liquidations were paid by
Credit Suisse Asset Management, LLC,
applicants’ investment adviser, and/or
its affiliates.
Filing Date: The applications were
filed on January 26, 2005.
Applicants’ Address: 466 Lexington
Ave., New York, NY 10017.
Nuveen Tax Exempt Unit Trust Series
1 [File No. 811–1015]
Summary: Applicant, a unit
investment trust, seeks an order
declaring that it has ceased to be an
investment company. On July 15, 2000,
applicant made a final liquidating
distribution to its shareholders, based
on net asset value. Applicant incurred
no expenses in connection with the
liquidation.
Filing Date: The application was filed
on January 24, 2005.
Applicant’s Address: 333 West
Wacker Dr., Chicago, IL 60606.
Hilliard Lyons Growth Fund, Inc. [File
No. 811–6423]
Summary: Applicant seeks an order
declaring that it has ceased to be an
investment company. On November 5,
2004, applicant transferred its assets to
Constellation HLAM Large Cap Quality
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Agencies
[Federal Register Volume 70, Number 41 (Thursday, March 3, 2005)]
[Notices]
[Pages 10418-10420]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-4111]
=======================================================================
-----------------------------------------------------------------------
POSTAL RATE COMMISSION
[Docket No. MC2005-2; Order No. 1431]
Negotiated Service Agreement
AGENCY: Postal Rate Commission.
ACTION: Notice and order on new negotiated service agreement case.
-----------------------------------------------------------------------
SUMMARY: This document establishes a docket for consideration of the
Postal Service's request for approval of a negotiated service agreement
with HSBC North America Holdings Inc. It identifies key elements of the
proposed agreement, its relationship to the Capital One Services, Inc.
negotiated service agreement, and addresses preliminary procedural
matters.
DATES: Key dates are:
1. March 16, 2005: Deadline for filing notices of intervention.
2. March 18, 2005: Deadline for filing statements on need for
hearing, objections to limiting issues, and objections to rule 196 [39
CFR 3001.196] procuedures.
3. March 24, 2005: Prehearing conference (10 a.m.), followed
immediately by a settlement conference.
ADDRESSES: Submit comments electronically via the Commission's Filing
Online system at https://www.prc.gov.
FOR FURTHER INFORMATION CONTACT: Stephen L. Sharfman, general counsel,
at 202-789-6818.
SUPPLEMENTARY INFORMATION:
Procedural History
Capital One Services, Inc. Negotiated Service Agreement, 67 FR
61355 (September 30, 2002).
Negotiated Service Agreement Proposed Rule, 68 FR 52546 (September
4, 2003).
Negotiated Service Agreement Final Rule, 69 FR 7574 (February 19,
2004).
Negotiated Service Agreement Proposed Rule, 70 FR 7704 (February
15, 2005).
On February 23, 2005, the United States Postal Service filed a
request seeking a recommended decision from the Postal Rate Commission
approving a Negotiated Service Agreement with HSBC North America
Holdings Inc.\1\ The Negotiated Service Agreement is proffered as
functionally equivalent to the Capital One Services, Inc. Negotiated
Service Agreement (baseline agreement) as recommended by the Commission
in Docket No. MC2002-2. The Request, which includes six attachments,
was filed pursuant to chapter 36 of the Postal Reorganization Act, 39
U.S.C. 3601 et seq.\2\
---------------------------------------------------------------------------
\1\ Request of the United States Postal Service for a
Recommended Decision on Classifications, Rates and Fees to Implement
a Functionally Equivalent Negotiated Service Agreement with HSBC
North America Holdings Inc., February 23, 2005 (Request).
\2\ Attachments A and B to the Request contain proposed changes
to the Domestic Mail Classification Schedule and the associated rate
schedules; Attachment C is a certification required by Commission
rule 193(i) specifying that the cost statements and supporting data
submitted by the Postal Service, which purport to reflect the books
of the Postal Service, accurately set forth the results shown by
such books; Attachment D is an index of testimony and exhibits;
Attachment E is a compliance statement addressing satisfaction of
various filing requirements; and Attachment F is a copy of the
Negotiated Service Agreement.
---------------------------------------------------------------------------
The Postal Service has identified HSBC North America Holdings Inc.
(HSBC), along with itself, as parties to the Negotiated Service
Agreement. This identification serves as notice of intervention by
HSBC. It also indicates that HSBC shall be considered a co-proponent,
procedurally and substantively, of the Postal Service's Request during
the Commission's review of the Negotiated Service Agreement. Rule
191(b) (39 CFR 3001.191(b)). An appropriate Notice of Appearance and
Filing of Testimony as Co-Proponent by HSBC North America Holdings
Inc., February 23, 2005, also was filed.
In support of the direct case, the Postal Service has filed Direct
Testimony of Jessica A. Dauer on Behalf of the United States Postal
Service, February 23, 2005 (USPS-T-1). HSBC has separately filed Direct
Testimony of John H. Harvey on Behalf of HSBC North America Holdings
Inc., February 23, 2005 (HSBC-T-1). The Postal Service has reviewed the
HSBC testimony and, in accordance with rule 192(b) (39 CFR
3001.192(b)), states that such testimony may be relied upon in
presentation of the Postal Service's direct case.\3\
---------------------------------------------------------------------------
\3\ Request at 2-3, fn. 2.
---------------------------------------------------------------------------
The Request relies substantially on record evidence entered in the
baseline docket, Docket No. MC2002-2. The Postal Service's Compliance
Statement, Request Attachment E, identifies the baseline docket
material on which it proposes to rely.
Requests that are proffered as functionally equivalent to baseline
Negotiated Service Agreements are handled expeditiously, until a final
determination has been made as to their proper status. The Postal
Service's Compliance Statement, Request Attachment E, is noteworthy in
that it provides valuable information to facilitate rapid review of the
Request to aid participants in evaluating whether or not the procedural
path suggested by the Postal Service is appropriate.
The Postal Service submitted several contemporaneous related
filings with its Request. The Postal Service has filed a proposal for
limitation of issues in this docket.\4\ Rule 196(a)(6) (39 CFR
3001.196(a)(6)). The proposal identifies issues that were previously
decided in the baseline docket, and key issues that are unique to the
instant Request.
---------------------------------------------------------------------------
\4\ United States Postal Service Proposal for Limitation of
Issues, February 23, 2005.
---------------------------------------------------------------------------
Rule 196(b) (39 CFR 3001.196(b)) requires the Postal Service to
provide written notice of its Request, either by hand delivery or by
First-Class Mail, to all participants of the baseline docket, MC2002-2.
This requirement provides additional time, due to an abbreviated
intervention period, for the most likely participants to decide whether
or not to intervene. A copy of the Postal Service's notice was filed
with the Commission on February 23, 2005.\5\
---------------------------------------------------------------------------
\5\ Notice of the United States Postal Service Concerning the
Filing of a Request for a Recommended Decision on a Functionally
Equivalent Negotiated Service Agreement, February 23, 2005.
---------------------------------------------------------------------------
The Postal Service has filed a conditional request to establish
settlement procedures.\6\ The Postal Service believes that there is a
distinct possibility that no party will identify any need for a
hearing, thus there would be no need to engage in settlement
discussions. However, if the parties do have issues that they want to
explore, settlement discussions might provide a convenient forum to
resolve those issues.
---------------------------------------------------------------------------
\6\ Conditional Request of the United States Postal Service for
Establishment of Settlement Procedures, February 23, 2005.
---------------------------------------------------------------------------
The Postal Service's Request, the accompanying testimonies of
witnesses Dauer (USPS-T-1) and Harvey (HSBC-T-1), the baseline Docket
No. MC2002-2 material, and other related material are available for
inspection at the
[[Page 10419]]
Commission's docket section during regular business hours. They also
can be accessed electronically, via the Internet, on the Commission's
Web site (https://www.prc.gov).
I. Background: The Baseline Capital One Negotiated Service Agreement,
Docket No. MC2002-2
If a request predicated on a Negotiated Service Agreement is found
to be functionally equivalent to a previously recommended, and
currently in effect, Negotiated Service Agreement, it may be afforded
accelerated review. Rule 196 [39 CFR 3001.196]. The Postal Service
asserts that the Negotiated Service Agreement in its instant Request is
functionally equivalent to the now in effect Capital One Negotiated
Service Agreement recommended by the Commission in Docket No. MC2002-
2.\7\ The Capital One Negotiated Service Agreement will remain in force
from September 1, 2003 to September 1, 2006.\8\
---------------------------------------------------------------------------
\7\ See, Opinion and Recommended Decision, Docket No. MC2002-2,
May 15, 2003.
\8\ Notice of the United States Postal Service of Decision of
the Governors, June 3, 2003.
---------------------------------------------------------------------------
The Capital One Negotiated Service Agreement is based upon two
significant mail service features--an address correction service
feature, and a declining block rate volume discount feature.
The address correction service feature provides Capital One, at
certain levels of volume, electronic address corrections without fee
for First-Class Mail solicitations that are undeliverable as addressed
(UAA). In return for receipt of electronic address correction, Capital
One will no longer receive physical return of its UAA First-Class
solicitation mail that cannot be forwarded. Capital One will also be
required to maintain and improve the address quality for its First-
Class Mail.
Use of the address correction service feature is a prerequisite to
use the second feature of the Negotiated Service Agreement, a declining
block rate volume discount. This feature provides Capital One with a
per-piece discount for bulk First-Class Mail volume above an annual
threshold volume. The per-piece discount varies from 3 to 6 cents under
a ``declining-block'' rate structure. Should first-year mail volume
decline under a predetermined quantity, a reduced threshold and lower
initial discounts take effect.
To account for several unknowns, the Commission's recommendation
incorporates a stop-loss provision in the amount of $40.637 million.
II. The HSBC Negotiated Service Agreement
The Postal Service proposes to enter into a three-year Negotiated
Service Agreement with HSBC. It asserts that the HSBC Negotiated
Service Agreement is based on the same two substantive functional
elements that are central to the Capital One Negotiated Service
Agreement--an address correction element and a declining block rate
volume discount element.
The address correction element provides, at certain levels of
volume, electronic address corrections without fee for solicitations
sent by First-Class Mail that are undeliverable as addressed and cannot
be forwarded under existing regulations. In return, HSBC agrees to
forgo physical return of such undeliverable mail provided under the
existing service features of First-Class Mail.
The declining block rate volume discount element provides HSBC with
per-piece discounts of those portions of its First-Class Mail
solicitations that exceed specified volume thresholds. The initial
volume threshold, which must be exceeded to receive any discount, is
615 million pieces. The negotiated volume threshold is increased
annually. The discounts range from 2.5 cents to 5.0 cents depending on
the block volume.
The Postal Service estimates it will benefit by $6.1 million over
the life of the Negotiated Service Agreement. This is based on
estimates of $6.6 million in savings due to the address correction
feature, $3.9 million in increased contribution due to increased mail
volume, and a net leakage of minus $4.4 million due to the discount
feature of the agreement. The agreement establishes a $9 million
discount cap over the life of the agreement. The agreement further
provides for an annual adjustment mechanism to the volume thresholds.
III. Commission Response
Applicability of the rules for functionally equivalent Negotiated
Service Agreements. For administrative purposes, the Commission has
docketed the instant filing as a request predicated on a Negotiated
Service Agreement functionally equivalent to a previously recommended
and ongoing Negotiated Service Agreement. A final determination
regarding the appropriateness of characterizing the Negotiated Service
Agreement as functionally equivalent to the Capital One Negotiated
Service Agreement, Docket No. MC2002-2, and application of the
expedited rules for functionally equivalent Negotiated Service
Agreements, rule 193 (39 CFR 3001.193), will not be made until after
the prehearing conference.
Settlement. The Commission has established rules for expeditiously
issuing recommendations in regard to requests predicated on
functionally equivalent Negotiated Service Agreements. If, after a
prehearing conference, it is determined that the Postal Service's
request is properly submitted as a functionally equivalent request, and
there are no outstanding issues, the Commission will promptly issue its
recommendations. In such instances, conducting a settlement conference
for the purpose of concluding with a Stipulation and Agreement is both
unnecessary and could interfere with the intent of the rules to
expedite the schedule.
However, the Commission encourages communications among the Postal
Service and other participants to facilitate resolving issues early in
a proceeding. These communications can be either informal, or formally
sanctioned settlement conferences. Settlement conferences early in a
proceeding still can have value in exploring the various positions of
the different participants.
The Commission authorizes settlement negotiations in this
proceeding. It appoints Postal Service counsel as settlement
coordinator. In this capacity, counsel for the Service shall file
periodic reports on the status of settlement discussions. The
Commission authorizes the settlement coordinator to hold a settlement
conference on March 24, 2005, immediately following the prehearing
conference in the Commission's hearing room. Authorization of
settlement discussions does not constitute a finding on the proposal's
procedural status or on the need for a hearing.
Representation of the general public. In conformance with section
3624(a) of title 39, the Commission designates Shelley S. Dreifuss,
director of the Commission's Office of the Consumer Advocate, to
represent the interests of the general public in this proceeding.
Pursuant to this designation, Ms. Dreifuss will direct the activities
of Commission personnel assigned to assist her and, upon request, will
supply their names for the record. Neither Ms. Dreifuss nor any of the
assigned personnel will participate in or provide advice on any
Commission decision in this proceeding.
Intervention. Those wishing to be heard in this matter are directed
to file a notice of intervention on or before March 16, 2005. The
notice of
[[Page 10420]]
intervention shall be filed using the Internet (Filing Online) at the
Commission's Web site (https://www.prc.gov), unless a waiver is obtained
for hardcopy filing. Rules 9(a) and 10(a) (39 CFR 3001.9(a) and 10(a)).
Notices should indicate whether participation will be on a full or
limited basis. See rules 20 and 20a (39 CFR 3001.20 and 20a). No
decision has been made at this point on whether a hearing will be held
in this case.
Prehearing conference. A prehearing conference will be held March
24, 2005, at 10 a.m. in the Commission's hearing room. Participants
shall be prepared to address whether or not it is appropriate to
proceed under rule 196 (39 CFR 3001.196), and to identify any issue(s)
that would indicate the need to schedule a hearing, along with other
matters referred to in this ruling. Rule 196(c) (39 CFR 3001.196(c)).
In addition, discussion on the Postal Service's proposal for limiting
issues should be presented at the prehearing conference.
Participants intending to object to proceeding under rule 196 (39
CFR 3001.196) shall file supporting written argument, if any, by March
18, 2005. Participants also shall file supporting written argument, if
any, in regard to the identification of issue(s) that would indicate
the need to schedule a hearing, and objections to the Postal Service's
proposal for limiting issues by March 18, 2005. The Commission intends
on deciding upon these issues shortly after the prehearing conference.
Ordering Paragraphs
It is ordered:
1. The Commission establishes Docket No. MC2005-2 to consider the
Postal Service Request referred to in the body of this order.
2. The Commission will sit en banc in this proceeding.
3. Postal Service counsel is appointed to serve as settlement
coordinator in this proceeding. The Commission will make its hearing
room available for a settlement conference immediately following the
prehearing conference scheduled on March 24, 2005, and at such times
deemed necessary by the settlement coordinator.
4. Shelley S. Dreifuss, director of the Commission's Office of the
Consumer Advocate, is designated to represent the interests of the
general public.
5. The deadline for filing notices of intervention is March 16,
2005.
6. A prehearing conference will be held March 24, 2005 at 10 a.m.
in the Commission's hearing room.
7. Participants shall file supporting written argument, if any, in
regard to the identification of issue(s) that would indicate the need
to schedule a hearing, objections to the Postal Service's proposal for
limiting issues, or objections to proceeding under rule 196 (39 CFR
3001.196) by March 18, 2005.
8. The Secretary shall arrange for publication of this notice and
order in the Federal Register.
By the Commission.
Issued: February 28, 2005.
Steven W. Williams,
Secretary.
[FR Doc. 05-4111 Filed 3-2-05; 8:45 am]
BILLING CODE 7710-FW-P