Off-the-Record Communications Public Notice
AI-generated summary for informational purposes only. Not legal advice. See the original source for the authoritative text.
This notice outlines the process for handling off-the-record communications in proceedings overseen by the Federal Energy Regulatory Commission. It specifies how these communications are documented and the circumstances under which they may influence the decisional records. Compliance is required by those involved in contested proceedings.
AI-generated summary. May contain errors. Refer to official sources for legal decisions.
Key Changes
- Establishes how off-the-record communications are documented
- Details conditions under which communications may influence records
- Requires compliance from parties in contested proceedings
Obligations
What this law requires
Commission decisional employees who make or receive a prohibited or exempt off-the-record communication relevant to the merits of a contested proceeding must deliver to the Secretary of the Commission a copy of the communication if written, or a summary of the substance if oral
Any person identified as having made a prohibited off-the-record communication must serve the document on all parties listed on the official service list for the applicable proceeding in accordance with 18 CFR 385.2010
Prohibited off-the-record communications must be included in a public, non-decisional file associated with, but not part of, the decisional record unless the Commission determines they should become part of the decisional record
Prohibited off-the-record communications will not be considered by the Commission in reaching its decision unless the Commission determines that fairness requires inclusion in the decisional record
Parties to a proceeding may seek the opportunity to respond to facts or contentions made in a prohibited off-the-record communication and request the Commission place the communication and responses in the decisional record