[Federal Register Volume 75, Number 17 (Wednesday, January 27, 2010)]
[Notices]
[Pages 4429-4430]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-1612]


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POSTAL REGULATORY COMMISSION

[Docket No. A2010-2; Order No. 395]


Post Office Closing

AGENCY:  Postal Regulatory Commission.

ACTION:  Notice.

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SUMMARY:  This document informs the public that an appeal of the 
closing of the Sundance, CO, post office has been filed. It identifies 
preliminary steps and provides a procedural schedule. Publication of 
this document will allow the Postal Service, petitioner, and others to 
take appropriate action.

ADDRESSES:  Submit comments electronically via the Commission's Filing 
Online system at http://www.prc.gov. Commenters who cannot submit their 
views electronically should contact the person identified in ``FOR 
FURTHER INFORMATION CONTACT'' by telephone for advice on alternatives 
to electronic filing.

FOR FURTHER INFORMATION CONTACT: Stephen L. Sharfman, General Counsel, 
202-789-6820 or [email protected].

SUPPLEMENTARY INFORMATION: Notice is hereby given that pursuant to 39 
U.S.C. 404(d), the Commission has received an appeal of the closing of 
the Sundance post office located in Steamboat Springs, Colorado 80487. 
The appeal was received by the Commission on December 29, 2009. The 
Commission hereby institutes a proceeding under 39 U.S.C. 404(d)(5) and 
designates the case as Docket No. A2010-2 to consider the petitioner's 
appeal. If the petitioner would like to further explain his position 
with supplemental information or facts, he may either file a 
Participant Statement on PRC Form 61 or file his own brief with the 
Commission by no later than February 4, 2010.
    Categories of issues apparently raised. The categories of issues 
that appear to be raised include: Effect on the community [39 U.S.C. 
404(d)(2)(A)(i)].
    After the Postal Service files the administrative record and the 
Commission reviews it, the Commission may find that there are more 
legal issues than those set forth above. Or, the Commission may find 
that the Postal Service's determination disposes of one or more of 
those issues. The deadline for the Postal Service to file the 
administrative record with the Commission is February 1, 2010. 39 CFR 
3001.113.
    Availability; Web site posting. The Commission has posted the 
appeal and supporting material on its Web site at http://www.prc.gov. 
Additional filings in this case and participants' submissions also will 
be posted on the Web site, if provided in electronic format or amenable 
to conversion, and not subject to a valid protective order. Information 
on how to use the Commission's Web site is available online or by 
contacting the Commission's Web master via telephone at 202-789-6873 or 
via electronic mail at [email protected].
    The appeal and all related documents are also available for public 
inspection in the Commission's docket section. Docket section hours are 
8 a.m. to 4:30 p.m., Monday through Friday, except on Federal 
government holidays. Docket section personnel may be contacted via 
electronic mail at [email protected] or via telephone at 202-789-
6846.
    Filing of documents. All filings of documents in this case shall be 
made using the Internet (Filing Online) pursuant to Commission rules 
9(a) and 10(a) at the Commission's Web site, http://www.prc.gov, unless 
a waiver is obtained. 39 CFR 3001.9(a) and 10(a). Instructions for 
obtaining an account to file documents online may be found on the 
Commission's Web site, http://www.prc.gov, or by contacting the 
Commission's docket section at [email protected] or via telephone at 
202-789-6846.
    Intervention. Those, other than the petitioner and respondent, 
wishing to be heard in this matter are directed to file a notice of 
intervention. See 39 CFR 3001.111. Notices of intervention in this case 
are to be filed on or before February 16, 2010. A notice of 
intervention shall be filed using the Internet (Filing Online) at the 
Commission's Web site, http://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)].

[[Page 4430]]

    Further procedures. By statute, the Commission is required to issue 
its decision within 120 days from the date this appeal was filed [39 
U.S.C. 404(d)(5)]. A procedural schedule has been developed to 
accommodate this statutory deadline. In the interest of expedition, in 
light of the 120-day decision schedule, the Commission may request the 
Postal Service or other participants to submit information or memoranda 
of law on any appropriate issue. As required by the Commission rules, 
if any motions are filed, responses are due 7 days after any such 
motion is filed. 39 CFR 3001.21.
    It is ordered:
    1. The Postal Service shall file the administrative record in this 
appeal, or otherwise file a responsive pleading to the appeal, by 
February 1, 2010.
    2. The procedural schedule listed below is hereby adopted.
    3. Pursuant to 39 U.S.C. 505, Richard A. Oliver is designated 
officer of the Commission (Public Representative) to represent the 
interests of the general public.
    4. The Secretary shall arrange for publication of this notice and 
order and procedural schedule in the Federal Register.
    Concurring Opinion of Commissioner Blair. I concur in the 
establishment of the docket to hear the appeal of the closing of the 
Sundance retail station located in Steamboat Springs, Colorado. The 
appeal appears to have met the preliminary test of being filed within 
the timeline prescribed by the statute. However, I have serious 
concerns about this docket and its timing. These concerns include how 
this case might impact the Commission's deliberations and anticipated 
decision in the proceeding regarding an advisory opinion on the Postal 
Service Station and Branch Optimization and Consolidation Initiative, 
Docket No. N2009-1 and whether the Commission's consideration of this 
appeal may pre-empt issues raised in Docket No. N2009-1. It also comes 
at the time the Commission is receiving public comment on its public 
investigation into post office suspensions, Docket No. PI2010-1.

    By the Commission.
Shoshana M .Grove,
Secretary.

                           Procedural Schedule
      December 29, 2009   Filing of Appeal.
       February 1, 2010   Deadline for Postal Service to file
                           administrative record in this appeal or
                           responsive pleading.
       February 4, 2010   Deadline for petitioner's form 61 or initial
                           brief in support of petition (see 39 CFR
                           3001.115(a) and (b)).
      February 16, 2010   Deadline for petitioners to intervene (see 39
                           CFR 3001.111(b)).
      February 24, 2010   Deadline for answering brief in support of
                           Postal Service (see 39 CFR 3001.115(c)).
         March 11, 2010   Deadline for reply briefs in response to
                           answering briefs (see 39 CFR 3001.115(d)).
         March 18, 2010   Deadline for motions by any party requesting
                           oral argument; the Commission will schedule
                           oral argument only when it is a necessary
                           addition to the written filings (see 39 CFR
                           3001.116).
         April 28, 2010   Expiration of the Commission's 120-day
                           decisional schedule (see 39 U.S.C.
                           404(d)(5)).
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[FR Doc. 2010-1612 Filed 1-26-10; 8:45 am]
BILLING CODE 4830-01-S