FERC Exposes Secrets from Off-the-Record Whisper Sessions
Published Date: 2/13/2026
Notice
Summary
The Federal Energy Regulatory Commission (FERC) is sharing updates about off-the-record communications related to ongoing cases. They’re making sure any secret chats that could affect decisions are properly recorded and shared with all parties involved. This keeps the process fair and transparent, with no extra costs or delays expected.
Analyzed Economic Effects
4 provisions identified: 4 benefits, 0 costs, 0 mixed.
Staff must file off-the-record communications
Under 18 CFR 385.2201(b) and Order No. 607 (64 FR 51222, September 22, 1999), Commission decisional employees who make or receive a prohibited or exempt off-the-record communication must deliver to the Secretary a copy of the communication if it is written, or a summary of the substance if it is oral. This rule applies to communications relevant to the merits of a contested proceeding.
Prohibited communications placed in public file
Prohibited off-the-record communications are placed in a public, non-decisional file associated with the proceeding and will not be considered by the Commission in reaching its decision unless the Commission decides to include them in the decisional record. Parties may seek to respond to facts or contentions in a prohibited communication and may request the Commission place the communication and responses into the decisional record; the Commission will do so only when it determines that fairness so requires, and the person who made the prohibited communication must serve the document on all parties listed on the official service list under Rule 2010 (18 CFR 385.2010).
Exempt communications become part of decisional record
Exempt off-the-record communications are included in the decisional record of the proceeding, except when the communication was with a cooperating agency as described in 40 CFR 1501.6 under 18 CFR 385.2201(e)(1)(v).
FERC posts off-the-record filings online
The notice lists recent off-the-record communications received on 1-29-2026, 1-30-2026, 2-02-2026, and 2-06-2026 and states that each filing may be viewed on the Commission's website at http://www.ferc.gov using the eLibrary link. For assistance, FERC provides contact information including FERC Online Support at [email protected], toll free (866) 208-3676, and TTY (202) 502-8659.
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