FERC Notice of Off-the-Record Communications
Summary
The Federal Energy Regulatory Commission (FERC) issued a public notice regarding the receipt of prohibited and exempt off-the-record communications. This notice lists specific communications received by the Secretary of the Commission, including those from FERC Staff, a U.S. Senator, and a U.S. Representative, along with an email communication.
What changed
This notice from the Federal Energy Regulatory Commission (FERC) serves as a public announcement of off-the-record communications received by the Commission's Secretary. It details the process for handling prohibited and exempt communications as established by Order No. 607 and 18 CFR 385.2201(b). The notice lists specific prohibited communications from FERC Staff and exempt communications from U.S. Senator Angus S. King, Jr., and U.S. Representative Frank Pallone, Jr., along with an additional email communication.
Compliance officers should note that prohibited communications are placed in a separate file and will not be considered in decisions unless fairness requires their inclusion in the decisional record. Parties involved in proceedings where prohibited communications occur must serve copies on all parties on the official service list. Exempt communications are included in the decisional record. The notice provides instructions on how to access these filings via the FERC eLibrary using the docket numbers.
What to do next
- Review the listed off-the-record communications via the FERC eLibrary if involved in the respective proceedings.
- Ensure compliance with service requirements for any prohibited off-the-record communications received, as per Rule 2010 (18 CFR 385.2010).
Source document (simplified)
Content
This constitutes notice, in accordance with 18 CFR 385.2201(b), of the receipt of prohibited and exempt off-the-record communications.
Order No. 607 (64 FR 51222, September 22, 1999) requires Commission decisional employees, who make or receive a prohibited
or exempt off-the-record communication relevant to the merits of a contested proceeding, to deliver to the Secretary of the
Commission, a copy of the communication, if written, or a summary of the substance of any oral communication.
Prohibited communications are included in a public, non-decisional file associated with, but not a part of, the decisional
record of the proceeding. Unless the Commission determines that the prohibited communication and any responses thereto should
become a part of the decisional record, the prohibited off-the-record communication will not be considered by the Commission
in reaching its decision. Parties to a proceeding may seek the opportunity to respond to any facts or contentions made in
a prohibited off-the-record communication and may request that the Commission place the prohibited communication and responses
thereto in the decisional record. The Commission will grant such a request only when it determines that fairness so requires.
Any person identified below as having made a prohibited off-the-record communication shall 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.
Exempt off-the-record communications are included in the decisional record of the proceeding, unless the communication was
with a cooperating agency as described by 40 CFR 1501.6, made under 18 CFR 385.2201(e) (1) (v).
The following is a list of off-the-record communications recently received by the Secretary of the Commission. Each filing
may be viewed on the Commission's website at http://www.ferc.gov using the eLibrary link. Enter the docket number, excluding the last three digits, in the docket number field to access the
document. For assistance, please contact FERC Online Support at FERCOnlineSupport@ferc.gov or toll free at (866) 208-3676, or for TTY, contact (202) 502-8659.
| Docket Nos. | File date | Presenter or requester |
| --- | --- | --- |
| Prohibited: | | |
| 1. EC26-58-000 | 03-17-2026 | FERC Staff. 1 |
| Exempt: | | |
| 1. P-15410-001 | 03-19-2026 | U.S. Senator Angus S. King, Jr. |
| 2. ER26-1556-000 | 03-19-2026 | U.S. Representative Frank Pallone, Jr. |
| 1 Email communication dated 03/16/2026 from Robert Rutkowski. | | |
Dated: March 24, 2026. Carlos D. Clay, Deputy Secretary. [FR Doc. 2026-05981 Filed 3-26-26; 8:45 am] BILLING CODE 6717-01-P
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