Overview
Title
Records Governing Off-The-Record Communications; Public Notice
Agencies
ELI5 AI
The notice is about keeping track of important conversations that shouldn't be part of a big decision, but people can ask to include them if it's fair, and the list of these talks can be seen on the FERC website.
Summary AI
The Federal Energy Regulatory Commission (FERC) has issued a notice about off-the-record communications. According to Order No. 607, communications that are prohibited or exempt, involving a contested proceeding, must be shared with the Secretary of the Commission. Prohibited communications are not part of the decision-making record unless the Commission says so, but parties can ask for them to be included if fairness requires it. Exempt communications are normally included in the decision record unless certain exceptions apply. The document lists recent communications received, which can be accessed via FERC’s website.
Keywords AI
Sources
AnalysisAI
General Summary of the Document
The document is a notice published by the Federal Energy Regulatory Commission (FERC), detailing procedures regarding off-the-record communications. These communications pertain to discussions or written exchanges relevant to contested proceedings. Under Order No. 607, if any Commission employee is involved in such communications, a record must be shared with the Commission's Secretary. The notice distinguishes between "prohibited" and "exempt" communications, outlining how each type is handled within decision-making processes.
Significant Issues or Concerns
There are several areas within the document that could present challenges for understanding:
Lack of Abstract: The metadata sections lack an abstract, which could leave readers uncertain about the document's quick purpose without diving into the full text.
Complex Terminology: Terms like "public, non-decisional file" may not be immediately accessible to those unfamiliar with regulatory jargon, which could discourage comprehension by a lay audience.
Subjective Language: The phrase "fairness so requires" introduces subjectivity and ambiguity into the process of determining when certain communications should be included in the decision-making record. A clearer definition or criteria for "fairness" would enhance transparency.
Legal References: The reference to specific sections of the Code of Federal Regulations (CFR) could be confusing for individuals without a background in law or regulatory frameworks.
Impact on the Public and Stakeholders
From a broader public perspective, this notice emphasizes transparency in FERC's procedures, ensuring that there's a formal record and potential for public access to significant off-the-record communications. This is important for maintaining trust in the regulatory processes and ensuring that decisions are made based on complete information.
However, the complex nature of legal references and procedural language might be a barrier for the general public to engage with or fully understand the implications of the document. Simplifying the language or providing supplementary explanations might help increase accessibility and public understanding.
Impact on Specific Stakeholders
For legal professionals and energy sector stakeholders, the clarification of handling off-the-record communications is crucial. It guides them on maintaining compliance with regulatory frameworks and understanding which communications might impact the outcomes of proceedings.
Energy companies or any entities involved in contested proceedings with FERC will need to be particularly attentive. The ways in which they manage communications with Commission employees and document such interactions could influence regulatory outcomes.
Overall, the notice is a procedural clarification that underscores FERC's commitment to fair and transparent regulatory processes, but it also highlights a need for simplifying complex regulatory information for broader audience engagement.
Issues
• The document lacks an abstract in the METADATA, which can make it difficult for readers to quickly understand the document's purpose.
• The phrase 'public, non-decisional file associated with, but not a part of, the decisional record of the proceeding' might be confusing for those unfamiliar with the Commission's procedures.
• The explanation of how prohibited and exempt communications are handled could be more clearly defined to aid understanding, especially for individuals not familiar with regulatory procedures.
• The term 'fairness so requires' in the context of granting requests to include communications in the decisional record is subjective and could be further clarified to reduce ambiguity.
• The document references specific CFR citations which may be complex for individuals without a legal or regulatory background.