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Records Governing Off-the-Record Communications

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Summary

The Federal Energy Regulatory Commission published a public notice pursuant to 18 CFR 385.2201(b) documenting the receipt of prohibited and exempt off-the-record communications received by the Secretary. One prohibited communication (FERC Staff, docket EL26-58-000) and one exempt communication (U.S. Senator Richard Blumenthal, dockets EL11-66-000 and EL11-66-001) were received on April 8, 2026. Prohibited communications are included in a non-decisional public file; exempt communications are included in the decisional record unless they were with a cooperating agency.

“Prohibited communications are included in a public, non-decisional file associated with, but not a part of, the decisional record of the proceeding.”

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This notice announces that FERC received one prohibited off-the-record communication from FERC Staff in docket EL26-58-000 and one exempt off-the-record communication from U.S. Senator Richard Blumenthal in dockets EL11-66-000 and EL11-66-001 on April 8, 2026. The prohibited communication will be placed in a non-decisional public file and will not be considered in the decision unless the Commission determines fairness requires it; parties may seek the opportunity to respond. The exempt communication is included in the decisional record. Affected parties to proceedings listed may review these communications via FERC's eLibrary and may contact FERC Online Support for assistance.

Parties to EL26-58-000 and EL11-66-000/001 proceedings should be aware that prohibited communications are now part of the non-decisional file, and they have the right to respond to facts or contentions made in prohibited off-the-record communications and request that such communications be placed in the decisional record if fairness requires.

Archived snapshot

Apr 24, 2026

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Notice

Records Governing Off-the-Record Communications

A Notice by the Federal Energy Regulatory Commission on 04/24/2026

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  • Public Inspection Published Document: 2026-08006 (91 FR 22145) Document Headings ###### Department of Energy
Federal Energy Regulatory Commission
  1. [Docket No. RM98-1-000]

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.

( printed page 22146) 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

Published Document: 2026-08006 (91 FR 22145)

CFR references

18 CFR 385.2201 18 CFR 385.2010 40 CFR 1501.6

Named provisions

Prohibited Communications Exempt Communications

Citations

18 CFR 385.2201 governs off-the-record communications
18 CFR 385.2010 Rule 2010 service requirements
40 CFR 1501.6 cooperating agency definition for exempt communications

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Last updated

Classification

Agency
Energy Department
Published
April 24th, 2026
Instrument
Notice
Branch
Executive
Legal weight
Non-binding
Stage
Final
Change scope
Minor
Document ID
91 FR 22145 / Docket No. RM98-1-000
Docket
Docket No. RM98-1-000

Who this affects

Applies to
Energy companies Government agencies
Industry sector
2210 Electric Utilities
Activity scope
Regulatory filings Administrative proceedings Transparency reporting
Geographic scope
United States US

Taxonomy

Primary area
Energy
Operational domain
Compliance
Topics
Government Contracting Financial Services

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