Records Governing Off-the-Record Communications Public Notice

Energy Department

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Records Governing Off-the-Record Communications Public Notice

FR: Federal Energy Regulatory Commission

Published April 10th, 2026

Detected April 10th, 2026

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Summary

FERC published a public notice in the Federal Register clarifying rules governing off-the-record communications in proceedings before the Commission. The notice identifies categories of prohibited ex parte communications and addresses their treatment as agency records subject to Freedom of Information Act disclosure requirements.

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What changed

FERC issued a public notice identifying and clarifying categories of communications prohibited without proper public notice in agency proceedings. The notice addresses treatment of prohibited off-the-record communications as agency records subject to disclosure under the Freedom of Information Act.

Energy market participants engaged in FERC-regulated activities, as well as legal professionals representing parties in agency proceedings, should review internal policies governing communications with Commission staff and decision-makers to ensure compliance with applicable prohibitions on ex parte contacts.

What to do next

Review FERC off-the-record communications rules for applicable proceedings
Ensure all staff and representatives understand prohibited ex parte contact restrictions
Verify compliance procedures account for FOIA disclosure requirements for prohibited communications

Archived snapshot

Apr 10, 2026

GovPing captured this document from the original source. If the source has since changed or been removed, this is the text as it existed at that time.

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Notice

Records Governing Off-the-Record Communications Public Notice

A Notice by the Federal Energy Regulatory Commission on 04/10/2026

1.

1.

Document Details Published Content - Document Details Agencies Department of Energy Federal Energy Regulatory Commission Agency/Docket Number Docket No. RM98-1-000 Document Citation 91 FR 18453 Document Number 2026-06989 Document Type Notice Pages 18453-18454
(2 pages) Publication Date 04/10/2026 Published Content - Document Details
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Document Details Published Content - Document Details Agencies Department of Energy Federal Energy Regulatory Commission Agency/Docket Number Docket No. RM98-1-000 Document Citation 91 FR 18453 Document Number 2026-06989 Document Type Notice Pages 18453-18454
(2 pages) Publication Date 04/10/2026 Published Content - Document Details
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- Public Inspection Public Inspection This PDF is FR Doc. 2026-06989 as it appeared on Public Inspection on
04/09/2026 at 8:45 am.

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Published Document: 2026-06989 (91 FR 18453) This document has been published in the Federal Register. Use the PDF linked in the document sidebar for the official electronic format.

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Department of Energy

Federal Energy Regulatory Commission

[Docket No. RM98-1-000] 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: | | |
| NONE | | |
| Exempt: | | |
| 1. P-2100-000 | 4-3-2026 | FERC Staff. 1 |
| 2. P-2100-000 | 4-3-2026 | FERC Staff. 2 |
| 3. P-2100-000 | 4-3-2026 | FERC Staff. 3 |
| 4. P-2100-000 | 4-3-2026 | FERC Staff. 4 |
| 5. P-2100-000 | 4-3-2026 | FERC Staff. 5 |
| 6. P-2100-000 | 4-3-2026 | FERC Staff. 6 |
| 1 Communication dated 3/31/2026 from the City of Oroville Mayor David W. Pittman. ( printed page 18454) | | |
| 2 Letter communication dated 03/31/26 City of Oroville, CA addressed to Chairman Swett. | | |
| 3 Letter communication dated 03/31/26 City of Oroville, CA addressed to Commissioner Chang. | | |
| 4 Letter communication dated 03/31/26 City of Oroville, CA addressed to Commissioner LeCerte. | | |
| 5 Letter communication dated 03/31/26 City of Oroville, CA addressed to Commissioner Rosner. | | |
| 6 Letter communication dated 03/31/26 City of Oroville, CA addressed to Commissioner See. | | |
Dated: April 7, 2026.

Carlos D. Clay,

Deputy Secretary.

[FR Doc. 2026-06989 Filed 4-9-26; 8:45 am]

BILLING CODE 6717-01-P

Published Document: 2026-06989 (91 FR 18453)

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Source

FR: Federal Energy Regulatory Commission federalregister.gov/documents/search?conditions%5Bagencies%5D%5B%5D=federal-energy-regulatory-commission&order=newest

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Last updated

April 10, 2026

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Classification

Agency

Energy Department

Published

April 10th, 2026

Instrument

Notice

Legal weight

Non-binding

Stage

Final

Change scope

Minor

Document ID

91 FR 18453 / Docket No. RM98-1-000

Docket

Docket No. RM98-1-000

Who this affects

Applies to

Energy companies Legal professionals Government agencies

Industry sector

2210 Electric Utilities 2111 Oil & Gas Extraction

Activity scope

Regulatory compliance Ex parte communications FOIA disclosure

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United States US

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Energy

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Compliance

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Records Governing Off-the-Record Communications Public Notice

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Notice

Records Governing Off-the-Record Communications Public Notice

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