USPS Files Motion to Suspend Exigent Surcharge Removal


2015/06/09 – The USPS has filed a motion to suspend the exigent surcharge removal.

Stated in the filing “The Postal Service moves the Commission to expeditiously implement remand proceedings. Furthermore, while those proceedings are underway, the Commission needs to suspend the current mechanism for exigent surcharge removal, which is premised on the $2.776 billion estimate from Order No. 1926 that the court has now determined to be flawed. Specifically, the court found the Commission’s “count once” rule “makes no sense on this record” (Slip Opinion at 3), and therefore reversed and vacated that portion of the Order (id. at 11, 17, 20). The court rejected the “count once” rule because “the rationale that the Postal Service should have been able to identify and adjust to that downturn immediately is at war with the Commission’s “new normal” holding, which openly endorsed a longer period of time for such adjustments.”

Industry associations are preparing to comment. Mailers are encouraged to keep up to date on this issue and voice their opinions.