Sunshine Act Meetings, 80984-80985 [2011-33338]

Download as PDF sroberts on DSK5SPTVN1PROD with NOTICES 80984 Federal Register / Vol. 76, No. 248 / Tuesday, December 27, 2011 / Notices apply-certificates.html. System requirements for accessing the E– Submittal server are detailed in NRC’s ‘‘Guidance for Electronic Submission,’’ which is available on the agency’s public Web site at https://www.nrc.gov/ site-help/e-submittals.html. Participants may attempt to use other software not listed on the Web site, but should note that the NRC’s E-Filing system does not support unlisted software, and the NRC Meta System Help Desk will not be able to offer assistance in using unlisted software. If a participant is electronically submitting a document to the NRC in accordance with the E-Filing rule, the participant must file the document using the NRC’s online, web-based submission form. In order to serve documents through EIE, users will be required to install a web browser plugin from the NRC Web site. Further information on the web-based submission form, including the installation of the Web browser plug-in, is available on the NRC’s public Web site at https://www.nrc.gov/site-help/esubmittals.html. Once a participant has obtained a digital ID certificate and a docket has been created, the participant can then submit a request for hearing or petition for leave to intervene. Submissions should be in Portable Document Format (PDF) in accordance with NRC guidance available on the NRC public Web site at https://www.nrc.gov/site-help/esubmittals.html. A filing is considered complete at the time the documents are submitted through the NRC’s E-Filing system. To be timely, an electronic filing must be submitted to the E-Filing system no later than 11:59 p.m. Eastern Time on the due date. Upon receipt of a transmission, the E-Filing system time-stamps the document and sends the submitter an email notice confirming receipt of the document. The E-Filing system also distributes an email notice that provides access to the document to the NRC Office of the General Counsel and any others who have advised the Office of the Secretary that they wish to participate in the proceeding, so that the filer need not serve the documents on those participants separately. Therefore, applicants and other participants (or their counsel or representative) must apply for and receive a digital ID certificate before a hearing request/ petition to intervene is filed so that they can obtain access to the document via the E-Filing system. A person filing electronically using the agency’s adjudicatory E-Filing system may seek assistance by contacting the NRC Meta System Help VerDate Mar<15>2010 22:00 Dec 23, 2011 Jkt 226001 Desk through the ‘‘Contact Us’’ link located on the NRC web site at https:// www.nrc.gov/site-help/esubmittals.html, by email at MSHD.Resource@nrc.gov, or by a tollfree call at (866) 672–7640. The NRC Meta System Help Desk is available between 8 a.m. and 8 p.m., Eastern Time, Monday through Friday, excluding government holidays. Participants who believe that they have a good cause for not submitting documents electronically must file an exemption request, in accordance with 10 CFR 2.302(g), with their initial paper filing requesting authorization to continue to submit documents in paper format. Such filings must be submitted by: (1) First class mail addressed to the Office of the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20555– 0001, Attention: Rulemaking and Adjudications Staff; or (2) courier, express mail, or expedited delivery service to the Office of the Secretary, Sixteenth Floor, One White Flint North, 11555 Rockville Pike, Rockville, Maryland, 20852, Attention: Rulemaking and Adjudications Staff. Participants filing a document in this manner are responsible for serving the document on all other participants. Filing is considered complete by firstclass mail as of the time of deposit in the mail, or by courier, express mail, or expedited delivery service upon depositing the document with the provider of the service. A presiding officer, having granted an exemption request from using E-Filing, may require a participant or party to use E-Filing if the presiding officer subsequently determines that the reason for granting the exemption from use of E-Filing no longer exists. Documents submitted in adjudicatory proceedings will appear in NRC’s electronic hearing docket, which is available to the public at https:// ehd.nrc.gov/EHD_Proceeding/home.asp, unless excluded pursuant to an order of the Commission, or the presiding officer. Participants are requested not to include personal privacy information, such as social security numbers, home addresses, or home phone numbers in their filings, unless an NRC regulation or other law requires submission of such information. With respect to copyrighted works, except for limited excerpts that serve the purpose of the adjudicatory filings and would constitute a Fair Use application, participants are requested not to include copyrighted materials in their submission. If a person other than the Licensee requests a hearing, that person shall set PO 00000 Frm 00117 Fmt 4703 Sfmt 4703 forth with particularity the manner in which his interest is adversely affected by this Order and shall address the criteria set forth in 10 CFR 2.309(d). If a hearing is requested by a licensee or a person whose interest is adversely affected, the Commission will issue an Order designating the time and place of any hearings. If a hearing is held, the issue to be considered at such hearing shall be whether this Order should be sustained. An answer or a request for hearing shall not stay the effectiveness of this order. Dated this 19th day of December 2011. For the Nuclear Regulatory Commission. Roy P. Zimmerman, Director, Office of Enforcement. [FR Doc. 2011–33088 Filed 12–23–11; 8:45 am] BILLING CODE 7590–01–P POSTAL REGULATORY COMMISSION Sunshine Act Meetings Wednesday, January 4, 2012, at 11 a.m. PLACE: Commission Hearing Room, 901 New York Avenue NW., Suite 200, Washington, DC 20268–0001. STATUS: Part of this meeting will be open to the public. The rest of the meeting will be closed to the public. The open session will be audiocast. The audiocast may be accessed via the Commission’s Web site at https:// www.prc.gov. MATTERS TO BE CONSIDERED: The agenda for the Commission’s January 2012 meeting includes the items identified below. PORTIONS OPEN TO THE PUBLIC: 1. Report on legislative activities. 2. Report on public participation. 3. Publication of the Annual Report. 4. Report on international activities. 5. Report on pending dockets. 6. Report on the activities of the Office of the Secretary. PORTION CLOSED TO THE PUBLIC: 7. Discussion of pending litigation. 8. Discussion of confidential aspects of Commission contracts. CONTACT PERSON FOR MORE INFORMATION: Stephen L. Sharfman, General Counsel, Postal Regulatory Commission, 901 New York Avenue NW., Suite 200, Washington, DC 20268–0001, at (202) 789–6820 (for agenda-related inquiries) and Shoshana M. Grove, Secretary of the Commission, at (202) 789–6800 or shoshana.grove@prc.gov (for inquiries related to meeting location, access for handicapped or disabled persons, the audiocast, or similar matters). TIME AND DATE: Dated: December 22, 2011. E:\FR\FM\27DEN1.SGM 27DEN1 Federal Register / Vol. 76, No. 248 / Tuesday, December 27, 2011 / Notices By the Commission. Shoshana M. Grove, Secretary. [FR Doc. 2011–33338 Filed 12–22–11; 4:15 pm] BILLING CODE 7710–FW–P POSTAL REGULATORY COMMISSION [Docket No. CP2012–5; Order No. 1060] New Postal Product Postal Regulatory Commission. Notice. AGENCY: ACTION: The Commission is noticing a recently-filed Postal Service request to enter into an outstanding International Business Reply Service competitive agreement. This document invites public comments on the request and addresses several related procedural steps. SUMMARY: Comments are due: December 28, 2011, 4:30 p.m., Eastern Time. ADDRESSES: Submit comments electronically by accessing the ‘‘Filing Online’’ link in the banner at the top of the Commission’s Web site (https:// www.prc.gov) or by directly accessing the Commission’s Filing Online system at https://www.prc.gov/prc-pages/filingonline/login.aspx. Commenters who cannot submit their views electronically should contact the person identified in the FOR FURTHER INFORMATION CONTACT section as the source for case-related information for advice on alternatives to electronic filing. FOR FURTHER INFORMATION CONTACT: Stephen L. Sharfman, General Counsel, at (202) 789–6820 (case-related information) or DocketAdmins@prc.gov (electronic filing assistance). SUPPLEMENTARY INFORMATION: DATES: I. Introduction II. Additional Matters III. Ordering Paragraphs sroberts on DSK5SPTVN1PROD with NOTICES I. Introduction On December 15, 2011, the Postal Service filed notice, pursuant to 39 CFR 3015.5, of contingency prices under an outstanding International Business Reply Service (IBRS) competitive contract.1 The prices cover calendar year 2012 postage on certain postageprepaid items returned from overseas locations to a U.S.-based entity. The Postal Service expects the prices to apply to an extremely small number of postal items due to the mailer’s profile 1 Notice of United States Postal Service of Prices under Functionally Equivalent International Business Reply Service Competitive Contract 1 Negotiated Service Agreement, December 15, 2011 (Notice). VerDate Mar<15>2010 22:00 Dec 23, 2011 Jkt 226001 and the passage of time since the expiration of the contract. Id. at 4. Supporting documentation. Attachments to the Notice include: • Attachment 1—a redacted copy of a notice to the customer, including enclosures consisting of a disclosure statement and price table; • Attachment 2—the certified statement, required under Commission rules, attesting to the accuracy of supporting data and explaining why, after the change, competitive products in total will be in compliance with 39 U.S.C. 3633(a)(1) and (3);2 • Attachment 3—the certification of the Governors’ vote in Governors’ Decision No. 08–24, a redacted copy of the referenced Governors’ Decision, revised and redacted Mail Classification language, redacted copies of price formulas and a related analysis, and a redacted certification. • Attachment 4—an application for non-public treatment of certain materials. The Postal Service also provided a redacted copy of the Agreement and supporting financial documentation as an Excel file. Id. at 5. IBRS contracts. The Commission added the parent product—International Business Reply Service Contract 1—to the Competitive Products in Order No. 178, following consideration in two baseline cases.3 The controlling Governors’ Decision is No. 08–24. Id. at 1–2. IBRS competitive contracts are for U.S.-based entities that seek a channel for returned merchandise or other articles from their overseas customers. These entities typically supply preprinted, prepaid IBRS packaging in which overseas customers can place used or defective consumer items and enter them in the mailstream at no direct cost. Id. at 1. Thus, IBRS is a return service for overseas customers. Id. at 2. The contract customer is the recipient of IBRS items, not the mailer; therefore, the customer has no control over the contingency that extraneous IBRS items might be tendered after expiration of the contract. Id. Given that costs are incurred in accepting and delivering these items, the Postal Service and its IBRS customers have agreed to let the Postal Service set prices to cover costs and potentially 2 Commission rule 3015.5(c)(2) addresses the required certification. Section 3633(a)(1) includes a prohibition against the subsidization of competitive products by market dominant products. Section 3633(a)(3) includes the requirement that all competitive products collectively cover what the Commission determines to be an appropriate share of the institutional costs of the Postal Service. 3 Docket Nos. M2009–14 and CP2009–20. PO 00000 Frm 00118 Fmt 4703 Sfmt 4703 80985 incentivize customers to enter into new arrangements. Id. The Postal Service notes that the contract underlying the instant contingency prices was executed before the Commission’s current rules for competitive and market dominant products took effect. Id. It says the contract expired March 31, 2008; no successor contract has been executed; and the instant prices therefore occur under a surviving contractual term. Id. at 2. The Postal Service explains that contingency arrangements like the one presented here consist of (1) a provision in each IBRS contract to govern the contingency that a new agreement might not be concluded and approved before expiration and, in the case of this customer, (2) subsequent communication with the customer to update the contingency prices. Id. The Postal Service has filed two notices of changes in contingency prices under the underlying expired contract: one for calendar year 2010 and the other for calendar year 2011. Id. at 3. Both notices expressed the Postal Service’s view that the contingency pricing arrangement for the next calendar year was functionally equivalent to the IBRS contracts considered in Docket Nos. CP2009–20 and CP2009–22, and include a request that the Commission include each of the contingency pricing arrangements within the IBRS Competitive Contracts 1 designation on the Competitive Products List. Id. The Commission, as requested, added both contingency pricing arrangements to the Competitive Product List under the IBRS Competitive Contract 1 product. Id. at 4, n.8. The Postal Service addresses several points about the status of the underlying contract under Commission rules, but concludes that filing materials under 39 CFR 3015.5, as it has done here, resolves any inconsistency. Id. at 4. It therefore requests the Commission to include the instant contingency arrangement within the IBRS Competitive Contract 1 designation on the Competitive Products List based on its functional equivalence to the IBRS contracts in Docket Nos. CP2009–20 and CP2009–22. Functional equivalency. The Postal Service asserts that the instant IBRS contingency arrangement is essentially identical to those envisioned in the contracts the Commission included in the IBRS Competitive Contract 1 product in Docket Nos. CP2009–20 and CP2009–22, with minor procedural variations due to different negotiation outcomes. Id. at 5. It says the nature of the IBRS service provided in all three contracts is essentially the same, and E:\FR\FM\27DEN1.SGM 27DEN1

Agencies

[Federal Register Volume 76, Number 248 (Tuesday, December 27, 2011)]
[Notices]
[Pages 80984-80985]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-33338]


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POSTAL REGULATORY COMMISSION


Sunshine Act Meetings

TIME AND DATE: Wednesday, January 4, 2012, at 11 a.m.

PLACE: Commission Hearing Room, 901 New York Avenue NW., Suite 200, 
Washington, DC 20268-0001.

STATUS: Part of this meeting will be open to the public. The rest of 
the meeting will be closed to the public. The open session will be 
audiocast. The audiocast may be accessed via the Commission's Web site 
at https://www.prc.gov.

MATTERS TO BE CONSIDERED: The agenda for the Commission's January 2012 
meeting includes the items identified below.

PORTIONS OPEN TO THE PUBLIC:
    1. Report on legislative activities.
    2. Report on public participation.
    3. Publication of the Annual Report.
    4. Report on international activities.
    5. Report on pending dockets.
    6. Report on the activities of the Office of the Secretary.

PORTION CLOSED TO THE PUBLIC:
    7. Discussion of pending litigation.
    8. Discussion of confidential aspects of Commission contracts.

CONTACT PERSON FOR MORE INFORMATION: Stephen L. Sharfman, General 
Counsel, Postal Regulatory Commission, 901 New York Avenue NW., Suite 
200, Washington, DC 20268-0001, at (202) 789-6820 (for agenda-related 
inquiries) and Shoshana M. Grove, Secretary of the Commission, at (202) 
789-6800 or shoshana.grove@prc.gov (for inquiries related to meeting 
location, access for handicapped or disabled persons, the audiocast, or 
similar matters).

    Dated: December 22, 2011.


[[Page 80985]]


By the Commission.
Shoshana M. Grove,
Secretary.
[FR Doc. 2011-33338 Filed 12-22-11; 4:15 pm]
BILLING CODE 7710-FW-P