USPS v. PRC, No. 15-1297 (D.C. Cir. 2016)
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In Order No. 1926, the Commission—recognizing that the Great Recession of 2008
was an exigent circumstance—allowed for a rate increase but also sought to calculate the extent to which decreased mail volume was “due to” the economic downturn in order to determine how long that rate increase should remain in effect. The Commission created a “new normal” test to determine when the “extraordinary or exceptional circumstances” no longer supported a rate increase. The Postal Service petitioned the court for review of the "new normal" test and the court upheld the Commission's approach. The Postal Service now seeks reconsideration, claiming that the Commission altered its original decision. The court dismissed the Postal Service's petition for lack of jurisdiction because the Commission's denial of reconsideration is unreviewable.
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