FERC Updates Off-the-Record Communication Rules
Published Date: 4/10/2026
Notice
Summary
The Federal Energy Regulatory Commission (FERC) is sharing updates on how it handles off-the-record communications during contested cases. If someone sends a prohibited message, it won’t affect decisions unless fairness calls for it, while exempt messages do become part of the official record. This keeps the process fair and transparent, with no new costs or deadlines announced right now.
Analyzed Economic Effects
4 provisions identified: 4 benefits, 0 costs, 0 mixed.
Order No. 607 filing requirement
Under Order No. 607 and 18 CFR 385.2201(b), Commission decisional employees who make or receive a prohibited or exempt off-the-record communication relevant to a contested proceeding must deliver to the Secretary a copy of the written communication or a summary of any oral communication. This notice reiterates that requirement and cites Order No. 607 (64 FR 51222, September 22, 1999).
Prohibited communications excluded unless fairness
Prohibited off-the-record communications are placed in a public, non-decisional file and will not be considered by the Commission in reaching its decision unless the Commission determines that fairness requires adding them to the decisional record. Parties may seek to respond to prohibited communications and request that they be placed in the decisional record; the Commission will grant that request only when it determines fairness so requires, and persons identified as having made a prohibited communication must serve the document on all parties per Rule 2010 (18 CFR 385.2010).
Exempt communications become 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 by 40 CFR 1501.6 and made under 18 CFR 385.2201(e)(1)(v).
Public listing of recent communications
The notice lists recent off-the-record communications received by the Secretary: no prohibited communications and six exempt filings (docket P-2100-000) with file date 4-3-2026 and communications dated 3/31/2026 from the City of Oroville. Each filing can be viewed via FERC's eLibrary and assistance contact information is provided.
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