BEFORE
THE
RECEIVEL)
POSTAL RATE COWWISSION
WASHINGTON, DC 20268-0001
8
SEP 'i
35
AH'96
POSTNRAT:
!COHP:~SIOH
OFFICE Oi'THE SECRETARY
SPECIAL SERVICES REFORR, 1996
Docket
No. HC96-3
DOUGLAS F. CARLSON
MOTION TO COMPEL UNITED STATES POSTAL SERVICE
WITNESS JOHN F. LANDWEHR
TO ANSWER INTERROGATORIES DFC/USPS-T3-3(d)-(f)
August
31, 1996
Pursuant
to section
25(d) of the Rules of Practice,
I,
Douglas F. Carlson,
hereby request that the commission
order
United States Postal Service witness John F. Landwehr to
answer interrogatories
DFC/USPS-T3-3(d)-(f).
BACKGROUND
Interrogatory
DFCJUSPS-T3-3 reads
as follows:
On page 7, lines
16-20,
you stated,
"Many San Luis
customers
are the recipients
of benefit
checks from federal
who typically
verify
the physical
and state
authorities,
The process
addresses
of clients
who use post office
boxes.
for responding
to these requests
under the Freedom of
This office
Information
Act is resource
intensive.
typically
receives
from 80 to 100 such requests
every four
weeks."
a. Please
identify
the percentage
boxholders
in San Luis whose addresses
federal
and state
authorities.
of resident
are verified
by
b. Please
identify
the percentage
boxholders
in San Luis whose addresses
federal
and state
authorities.
of nonresident
are verified
by
c. Is the federal
verifying
the physical
office
boxes unique
to
d.
residents
If
the clients
(as defined
and state
addresses
San Luis,
authorities'
of clients
Arizona?
described
in
this
rate
for
1
(c) were
case) of
practice
of
who use postinstead
065088
and had a post-office
box in that
office
expect
to receive
verification
those
that
the government
agencies
post office?
city,
would that
post
requests
similar
to
serve on the San Luis
e. If your answer to (d) is yes, is the clie.nt's
status
as resident
or nonresident,
as defined
for purposes
of this
rate
case,
at all
relevant
to assessing
the burde.n these
clients
cause for the Postal
Service?
f. If you are unable
to provide
data for
(a) and (b)
above,
please
explain
the basis
for the implication
in your
testimony
that
responding
to these verification
requests
is
a challenge
"rooted
in the non-resident
customer
.base."
USPS-T-3
at p. 7, line
10.
Witness
Landwehr
responded
as follows:
I have no basis for answering
the.se
(4 & (b)
questions.
See also my responses
to DP/USPS-T3-1
and 5.
While
the San Luis postmaster
estimates
that
85 percent
of
the FOI address
verification
requests
she receives
are local
residents,
it is not clear
how she defines
"local"
or
"resident."
No.
(0)
for
See 39 CFR 265.
I am unable
(d)
speculation.
to
(e)
Not
(f)
See my responses
answer
this
question,
which
calls
applicable.
to
DBP/USPS-T3-1
and
5.
DISCUSSION
Subsections
(d) and (e)
Witness
Subsection
answer
Landwehr
(d)
to the
Information
Arizona,
these
in no way calls
question
Act
post
boxholders
has failed
turns
(FOIA)
office
for
for
served
boxholders
happen to live
the questions.
:Rather,
speculation.
on whether
requests
its
to answer
the
Freedom of
upon the
arise
in San Luis,
San Luis,
(1) becaus'e
or,
the
005089
,--,.
alternatively,
address
(2) because
information
Witness
(2)
applies
federal
for
and state
addresses
question
case)
why the
of the
as evidence
cause,
If
these
box service
local
post
FOIA request
that
the
received
had this
in San Luis.
unchansed.
If
office
San Luis
post
(e) would
explanation
boxholders'
San Luis
at his
boxholder
local
post
office
would
have
(2) applies,
subsection
to the
the
explanation
be "yes,"
r,ate
boxholders
receive
on the Postal
would
this
would
The burden
(d) then
one must
been a "nonresident"
boxholder
subsection
Service
same
boxholder
would
the
answer
to
and the
answer
to
be
be l'no.t'
(1) applies,
an explanation
seem to isolate
triggers
still
physical
USPS-T3,
for
are personal
"resident"
his
that
nonresident
a "nonresident"
office,
that
is in any way relevant
if
obtained
agencies
boxes."
(as defined
FOIA requests
For example,
the
(2) applies,
in San Luis
that
explanation
verify
office
status
burdens
instead
provide
"typically
residence
that
when he states
and in no way depend on these
address.
If
generally
explanation
boxholders
since
suggests
who use post
of the
individuals
testimony
authorities
17-18.
seeks physical-
individuals.
he speaks
of clients
P. 7, lines
these
Landwehr's
because
the government
verification
witness
and evidence
San Luis,
requests.
3
Landwehr
of why federal
Arizona,
should
and state
as an address
005090
If
witness
information
Landwehr
with
which
to select
explanation
experience
of the
should
explain
office
provides
any insight
that
nonresident
boxholders
that
resident
In the
subsection
boxholders
event
to the
the
the
San Luis
alleged
cause over
the
commission
and above
(2),
he
post
unique
for
determines
speculation,
compel an answer
Postal
Service
question.
Subsection
See Rules
burdens
the
burdens
did
not
the
to the
that
commission
interrogatory
file
a timely
of Practice
§ 25(c).
'objection
(f)
Subsection
witness
(f)
Landwehr
(a) and (b).
question,
office
that
should
into
(1) or
cause.
(d) does call
nevertheless
because
how the
does not have sufficient
interrogatory
was unable
to provide
Witness
which
Landwehr
an example
customer
base"
residence
status
answering
FOIA requests.
applies
data
failed
seeks to discover
provides
non-resident
of the
subsecti'ons
the
San Lui:s post
of the challenges
of the boxholders
for
to answer
how the
absent
,because
"rooted
evidence
that
affects
the
in
the
,the
burden
of
CONCLUSION
Interrogatories
relevant
to this
FOIA requests
to the
residence
DFC/USPS-T3-3(d)-(f)
proceeding
served
on the
status
because
San Luis
(as defined
are highly
they
post
for
examine
office
this
rate
whether
the
,are related
case)
,of
00509f
/-
the
San Luis
question
why these
burdens
that
contacted
nonresident
for
a revised
commission's
interrogatories
Ruling
No. MC96-313,
to provide
respectfully
Service
to answer
Dated:
August
answer
Service
to these
on August
of Practice
answers.
the
28,
order
1996,
through
5 25 and
Postal
Therefore,
the commission
I
In spite
discovery
B, p. 6),
of the
cause.
subsections.
to expedite
Attachment
one must
are evidence
allegedly
(see Rules
that
are not,
requests
the Postal
revised
request
they
boxholders
desire
written
refused
If
verification
counsel
to request
of the
box customers.
Service
I
the
Postal
the questions.
31,
-ea*Rd--
1996
DOUGLAS F. CARLSON
CERTIFICATE OF SERVICE
I hereby
foregoing
document
in accordance
sections
certify
I have this
upon the required
with
3(B)(3)
that
section
and 3(C)
day served
participants
12 of the Rules
of the
Snecial
the
of record
of Practice
Rules
and
of Practice.
1
DOUGLAS F. CARLSON
August 31,
Emeryville,
1996
California
5
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