USPS: No Opinion Currently Needed for DFA

The Postal Service claims the Postal Regulatory Commission (PRC) is encroaching on its authority by pressuring USPS for an advisory opinion on its network changes. 

While the agency said it’s actively considering whether to seek an advisory opinion on Delivering for America (DFA), it will not do so strictly at the PRC’s behest. The commission filed an order April 26 instructing USPS to either show why an opinion wasn’t sought or to request one. 

“The commission’s show cause order significantly encroaches on the Postal Service’s discretion and marks a serious departure from commission precedent,” USPS’s May 16 response read. It added that “the Postal Service has the discretion to determine when to request an advisory opinion pursuant to Section 3661(b). Despite this clear delegation of authority to the Postal Service, the commission has attempted to dictate the scope and timing of the Postal Service’s request for an advisory opinion.” 

In seeking an advisory opinion, the PRC noted a few specific reasons, including possible staffing/driver issues caused by insourcing routes previously held by HCR contractors. The Postal Service responded by saying that those issues would also affect HCR transportation, so it wouldn’t make a difference who held the route. 

“The trucker shortage ... may (or may not) recur or intensify — but if it does … insourcing will stabilize the employee base and mitigate availability shortfalls,” read the USPS response. 

USPS also stated that many of the initiatives implemented under DFA are still in the initial phase of development and any advisory opinion would be premature. 

“The Postal Service will continue its evaluation of the RPDC/LPC network and LTO initiatives and will request an advisory opinion ... if it determines that one or more of these initiatives present a change ‘in the nature of postal services which will generally affect service on a nationwide or substantially nationwide bases,’ and the Board of Governors authorizes such request,” concluded USPS in its response.