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USPS Granted Exigent Rate Case Expedite Appeal
Friday, November 05, 2010

On Friday November 5th, the United States Court of Appeals granted a motion to expedite the Postal Service’s appeal of the exigent rate case. This means the Court of Appeals could reach a decision in March or April of next year, instead of late Fall as originally anticipated. As a result, if the case was decided in favor of the Postal Service the mailing industry might see an exigent rate increase in effect sometime next year.

Here is the USPS proposed brief schedule:

  • The Postal Service’s opening brief and joint appendix will be due November 23, 2010
  • Briefs of intervenor(s) aligned with the Postal Service, if any, will be due that same day
  • The PRC’s response brief will be due January 14, 2011
  • Briefs of intervenor(s) aligned with the PRC, if any, will be due that same day
  • The Postal Service’s reply brief will be due January 28, 2011.

It is estimated a CPI increase would be in range of 2 to 2.5% in May of 2011. If the appeal is denied the CPI will be interacted. But if the Postal Service wins, that increase might change because the case would have to be remanded back to the PRC for them to reconsider and then the Postal Service would still have to make the decision to implement.

At the current time there are too questions to give a fairly precise estimate as to possibilities, timing and process. Since this is another first in postal rate setting, information is being gathered and discussed so that we can provide you the best information possible. Brown Printing will continue to monitor the situation and provide information as it becomes available.

Sources: PostCom and Red Tag

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