Exigent Appeal – Postal Service has filed to petition filed last year


The United Stated Postal Service has filed yet another appeal for the exigent case.


The Petition requests a review of whether or not the Commission reconciled its conflicting statements it made in the original decision in the remand. The Postal Service believes the Commission did not. Therefore a lower amount of money was collected than due to the USPS.

USCA CaseThis petition challenges Order No. 2623 of the Postal Regulatory Commission (“Commission”), JA555-624, which addressed issues remanded or left unresolved by this Court’s decision in Alliance of Nonprofit Mailers, et al. v. Postal Regulatory Commission, 790 F.3d 186 (D.C. Cir. 2015) (Brown, Millett, and Wilkins, JJ.), concerning the Postal Service’s request for an exigent rate increase under 39 U.S.C. § 3622(d)(1)(E). In Alliance of Nonprofit Mailers, this Court remanded in part an earlier Commission decision, Order No. 1926, JA1-219, for further proceedings consistent with the Court’s opinion. Commission Order No. 1926 granted in part and denied in part the Postal Service’s request. This Court has jurisdiction pursuant to 39 U.S.C. § 3663, under which any “person, including the Postal Service, adversely affected or aggrieved by a final order or decision” of the Commission may institute review proceedings in this Court. Order No. 2623 was issued on July 29, 2015. This Petition was timely filed on August 28, 2015.