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Nov. 23 2010 08:32 PM

The U.S. Postal Service today filed its brief with the United States Court of Appeals for the District of Columbia Circuit, the next step in its appeal of the Postal Regulatory Commission's order denying the Postal Service exigent price request.

The brief makes two main arguments: the PRC misread the statute governing exigency; and the PRC acted in an arbitrary and capricious manner by establishing new requirements that were not shared with or explained to the Postal Service.

The ability to raise prices above the rate of inflation is a safety valve included in the law to insure that the Postal Service is financially viable and can continue to provide universal mail delivery service to all Americans. In its Sept. 30 decision, the PRC found that losing billions of dollars during the recession constituted an "extraordinary and exceptional circumstance." The PRC also lauded the Postal Service for doing all it could to manage and control costs, but still denied the price filing.

"The PRC erred by rendering the safety valve ineffective and passing the buck back to Congress," the brief states.

The Postal Service was granted an expedited review of its case by the Court of Appeals earlier this month.