FERC Notice of Off-the-Record Communications Received
Summary
This FERC notice, signed by Deputy Secretary Carlos D. Clay on April 21, 2026, provides the required notice under 18 CFR 385.2201(b) of prohibited and exempt off-the-record communications received by the Commission. The notice references Order No. 607 (64 FR 51222, September 22, 1999), which governs the delivery and handling of off-the-record communications in contested proceedings. Listed communications include: one prohibited communication from FERC Staff in docket EL26-58-000 (file date April 8, 2026); and one exempt communication from U.S. Senator Richard Blumenthal in dockets EL11-66-000 and EL11-66-001 (file date April 8, 2026), plus an email communication dated April 7, 2026 from the Electricity Transmission Competition Coalition. No compliance deadlines or penalties are associated with this notice.
“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.”
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What changed
This notice does not create new regulatory obligations but rather documents the receipt of off-the-record communications as required by 18 CFR 385.2201(b) and Order No. 607. The notice distinguishes between prohibited communications, which are placed in a non-decisional file separate from the proceeding record, and exempt communications, which are included in the decisional record. The single prohibited communication listed (EL26-58-000 from FERC Staff) and the exempt communication from Senator Blumenthal (EL11-66-000, EL11-66-001) are documented for transparency purposes. Affected parties to contested proceedings should be aware that prohibited off-the-record communications do not become part of the decisional record unless the Commission determines fairness requires it, though parties may seek an opportunity to respond.
Archived snapshot
Apr 25, 2026GovPing 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.
Content
Public Notice
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. EL26-58-000 | 04-08-2026 | FERC Staff. 1 |
| Exempt: | ||
| 1. EL11-66-000, EL11-66-001 | 04-08-2026 | U.S. Senator Richard Blumenthal. |
| 1 Email communication dated 4/7/26 from Electricity Transmission Competition Coalition. |
Dated: April 21, 2026. Carlos D. Clay, Deputy Secretary. [FR Doc. 2026-08006 Filed 4-23-26; 8:45 am] BILLING CODE 6717-01-P
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