October 2, 2003

In the Matter of the Petition by

JOHN J. BUCKSHAW, PRINCIPAL

J. J. BUCKSHAW & ASSOCIATES

General Delivery

Bethesda, MD 20814-9999

Appeal of Termination, P.O. Box 194, Media, PA 19063-0194

P.S. Docket No.  POB 02-405

APPEARANCE FOR PETITIONER:

John J. Buckshaw

J. J. Buckshaw & Associates

P.O. Box 18704

Washington, DC  20036-8704

APPEARANCE FOR RESPONDENT:

Catherine A. Green, Esq.

Corporate Law Section

United States Postal Service

475 L’Enfant Plaza, SW, Room 6112

Washington, DC  20260-1135

POSTAL SERVICE DECISION

            Petitioner, John J. Buckshaw, has filed a Second Petition to Revoke, Amend or Modify under 39 C.F.R. §958.13, in which he asks that the Initial Decision, final Order and Postal Service Decision in this proceeding be vacated or revoked and the matter referred to the Postmaster General or Deputy Postmaster General for appropriate disposition.  Petitioner bases his request on his continued desire to have a Postal Service official enforce a settlement agreement proposed by Petitioner that would include the waiver or deferral of post office box rental fees as well as the payment of tort claim damages to Petitioner.

Petitioner has not shown that the Initial Decision, final Order or Postal Service Decision should be modified, vacated or revoked.  As stated in the August 21, 2003 Postal Service Decision, the Judicial Officer has no authority to adjudicate or direct the resolution of tort claims or disputes over post office box rental fees.  Under established Postal Service procedures, the Judicial Officer adjudicates the refusal to provide, or the termination of, post office box or caller service, the General Counsel is responsible for the settlement of tort claims, and the postmaster and those to whom he reports are responsible for addressing post office box fee issues.  As the propriety of the termination of service to P.O. Box 194 has been resolved, there are no issues within the jurisdiction of the Judicial Officer to be referred to the Postmaster General or Deputy Postmaster General.  Accordingly, Petitioner’s Second Petition to Revoke, Amend or Modify is denied.

                                                                                    James A. Cohen

                                                                                    Judicial Officer