PRC Final Rule on Off-the-Record Procedures

Content

ACTION:

Final rule.

SUMMARY:

The Commission is revising its rules of practice and procedure to clarify the scope of permissible informal, off-the-record
procedures discussed at Commission prehearing conferences.

DATES:

Effective: April 30, 2026.

ADDRESSES:

For additional information, Order No. 9492 can be accessed electronically through the Commission's website at https://www.prc.gov.

FOR FURTHER INFORMATION CONTACT:

David A. Trissell, General Counsel, at 202-789-6820.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Background

II. Basis for Final Rules

III. Final Rules

I. Background

The Commission's requirements for proceedings with an opportunity for a hearing on the record are codified in 39 CFR part
3010, subpart F. 39 CFR 3010.302(e)(12), which governs prehearing conferences, requires the presiding officer and parties
to consider and resolve several matters, including “[a]ll other matters which would aid in an expeditious disposition of the
proceeding. . . .” On February 5, 2026, the Commission issued a notice of proposed rulemaking that would amend § 3010.302(e)(12)
and the Commission's rules on ex parte communications in 39 CFR part 3012. (1)

II. Basis for Final Rules

After considering comments received, the Commission adopts the rules as proposed. The final rules amend § 3010.302(e)(12)
by specifying a non-exhaustive list of permissible informal, off-the-record procedures including prehearing conferences, technical
conferences, settlement conferences, and alternative dispute resolution. The final rules also clarify that these informal,
off-the-record procedures are not considered ex parte communications as long as advance public notice and an opportunity to participate is provided to all persons participating
in the matter before the Commission. The Commission finds that each of these revisions align the regulations with Administrative
Procedure Act provisions and current law, ensure consistency across the Commission's rules, and avoid any ambiguity regarding
on-the-record proceedings.

III. Final Rules

The Commission adopts final rules in order to improve the clarity of its rules governing permissible informal, off-the-record
procedures discussed at Commission prehearing conferences.

List of Subjects

Administrative practice and procedure, Confidential business information, Freedom of information, Sunshine Act.

Administrative practice and procedure, Courts.

For the reasons stated in the preamble, the Commission amends chapter III of title 39 of the Code of Federal Regulations as
follows:

PART 3010—RULES OF PRACTICE AND PROCEDURE

Regulatory Text 1. The authority citation for part 3010 continues to read as follows:

Authority:

39 U.S.C. 404(d); 503; 504; 3661.

1. Amend § 3010.302 by revising paragraph (e)(12) to read as follows:

§ 3010.302 Prehearing conferences.

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(e) * * *

(12) All other matters which would aid in an expeditious disposition of the proceeding, including consent of the parties to
use informal off-the-record procedures such as prehearing conferences, technical conferences, settlement conferences, or alternative
dispute resolution consistent with 5 U.S.C. 556.

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PART 3012—EX PARTE COMMUNICATIONS

Regulatory Text 3. The authority citation for part 3012 continues to read as follows:

Authority:

39 U.S.C. 404(d)(5); 503; 504; 3661(c); 3662.

1. Amend § 3012.2 by revising paragraph (b)(3) to read as follows:

§ 3012.2 Definition of ex parte communications.

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(b) * * *

(3) Communications where advance public notice and an opportunity to participate is provided to all persons participating
in the matter before the Commission that occur: during the course of off-the-record technical conferences associated with
a matter before the Commission, or communications during the course of off-the-record procedures associated with proceedings
with an opportunity for a hearing on-the-record under part 3010, subpart F of this chapter, including without limitation the
pre-filing conference for nature of service cases required by § 3020.111 of this chapter; prehearing conferences conducted
under § 3010.302(c) of this chapter; settlement conferences under § 3010.320 of this chapter; and alternative dispute resolution
and settlement of complaints by informal procedures under § 3022.40 of this chapter.

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By the Commission.

Mallory S. Richards, Attorney-Advisor. [FR Doc. 2026-06176 Filed 3-30-26; 8:45 am] BILLING CODE 7710-FW-P

Footnotes

(1) Docket No. RM2025-3, Notice of Proposed Rulemaking to Amend Rules Regarding Off-the-Record Procedures at Prehearing Conferences,
February 5, 2026 (Order No. 9447); see 91 FR 5880 (February 10, 2026).

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