Records Governing Off-the-Record Communications; Public Notice by Federal Energy Regulatory Commission
AI-generated summary for informational purposes only. Not legal advice. See the original source for the authoritative text.
The Federal Energy Regulatory Commission (FERC) issued a public notice on March 24, 2026, listing recently received prohibited and exempt off-the-record communications relevant to specific dockets. In accordance with 18 CFR 385.2201(b) and Order No. 607, prohibited communications are placed in a public non-decisional file and generally not considered in decisions unless fairness requires otherwise. Parties may request to respond to such communications. Exempt communications are included in the decisional record unless involving cooperating agencies. The notice lists one prohibited communication in docket EC26-58-000 from FERC Staff on March 17, 2026, and two exempt communications involving U.S. Senator Angus S. King, Jr. and U.S. Representative Frank Pallone, Jr. on March 19, 2026. Documents can be viewed via FERC's eLibrary.
AI-generated summary. May contain errors. Refer to official sources for legal decisions.
Key Changes
- Public notice issued March 24, 2026 detailing off-the-record communications received in March 2026
- One prohibited communication logged in docket EC26-58-000 on 03-17-2026 from FERC Staff
- Two exempt communications logged on 03-19-2026 from U.S. Senator Angus S. King, Jr. (P-15410-001) and U.S. Representative Frank Pallone, Jr. (ER26-1556-000)
+ 3 more changes with Pro
Obligations
What this law requires
FERC decisional employees must deliver to the Secretary of the Commission a copy of any written prohibited or exempt off-the-record communication relevant to the merits of a contested proceeding, or provide a summary of the substance of any oral communication
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 Rule 2010, 18 CFR 385.2010
Prohibited off-the-record communications must be placed in a public, non-decisional file associated with, but not a part of, the decisional record of the proceeding
Prohibited off-the-record communications will not be considered by the Commission in reaching its decision unless the Commission determines that the prohibited communication and responses thereto should become part of the decisional record
The Commission will grant requests to place prohibited communications and responses in the decisional record only when it determines that fairness so requires