FERC Tightens Rules on Off-the-Record Chats in Cases
Published Date: 4/24/2026
Notice
Summary
The Federal Energy Regulatory Commission (FERC) is updating how it handles off-the-record communications during contested cases. If someone sends a prohibited message, it won’t count in decisions unless fairness demands it, and everyone involved gets a chance to respond. These rules keep the process fair and transparent, affecting all parties in FERC proceedings starting now, with no extra costs involved.
Analyzed Economic Effects
5 provisions identified: 4 benefits, 1 costs, 0 mixed.
Prohibited messages kept out of decisions
If someone sends a prohibited off-the-record message in a FERC contested case, FERC places that message in a public, non-decisional file and will not use it when deciding the case unless the Commission determines that fairness requires including it in the decisional record.
Parties can respond and request inclusion
If you're a party in a FERC proceeding, you may ask for the opportunity to respond to any facts or claims made in a prohibited off-the-record communication and may request that the Commission place that communication and the responses into the decisional record; the Commission will grant such a request only when it determines that fairness so requires.
Senders must serve prohibited communications
Any person identified as having made a prohibited off-the-record communication must serve the communication on all parties listed on the official service list for the proceeding 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 by 40 CFR 1501.6 or was made under 18 CFR 385.2201(e)(1)(v).
Communications posted to FERC eLibrary
FERC publishes recently received off-the-record communications and related filings on its website via the eLibrary link; users may view filings by entering the docket number (excluding the last three digits) and can contact FERC Online Support at [email protected] or (866) 208-3676 for assistance.
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Key Dates
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