FERC Unveils Rules for Handling Secret Chats in Energy Cases
Published Date: 9/12/2025
Notice
Summary
The Federal Energy Regulatory Commission (FERC) is sharing updates about off-the-record communications in ongoing cases. They’re making sure any secret chats that could affect decisions are properly recorded and shared, so everything stays fair and transparent. This notice affects people involved in FERC cases and reminds them to follow new rules about sharing these communications, with no extra costs or deadlines right now.
Analyzed Economic Effects
4 provisions identified: 4 benefits, 0 costs, 0 mixed.
Employees Must Deliver Off‑the‑Record Files
Order No. 607 requires Commission decisional employees who make or receive prohibited or exempt off‑the‑record communications relevant to a contested proceeding to deliver to the Secretary a copy of the written communication or a summary of any oral communication. This notice cites 18 CFR 385.2201(b) and repeats that requirement in the public notice dated September 9, 2025.
Prohibited Communications Placed in Public File
Prohibited off‑the‑record communications will be included in a public, non‑decisional file and, unless the Commission decides otherwise, will not be considered in reaching the decision. Parties may seek an opportunity to respond and may request that a prohibited communication and responses be placed in the decisional record; the Commission will grant such requests only when it determines that fairness so requires. Persons who made a prohibited communication must serve the document on all parties on the official service list in accordance with Rule 2010 (18 CFR 385.2010).
Exempt Communications Go Into Decisional Record
Exempt off‑the‑record communications are included in the decisional record of the proceeding unless the communication was with a cooperating agency as described in 40 CFR 1501.6 and made under 18 CFR 385.2201(e)(1)(v). The notice lists recent exempt communications and their filing dates (e.g., 8-28-2025, 8-29-2025, 9-9-2025).
FERC Publishes Recent Off‑the‑Record Filings
The notice provides a list of recently received off‑the‑record communications and instructs the public how to view each filing on FERC's eLibrary by entering the docket number, and how to contact FERC Online Support (phone and email). The notice shows the exempt filings dated 8-28-2025, 8-29-2025, and 9-9-2025.
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