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Records Governing Off-the-Record Communications; Public Notice

---
identifier: "/us/fr/2023-02436"
source: "fr"
legal_status: "authoritative_unofficial"
title: "Records Governing Off-the-Record Communications; Public Notice"
title_number: 0
title_name: "Federal Register"
section_number: "2023-02436"
section_name: "Records Governing Off-the-Record Communications; Public Notice"
positive_law: false
currency: "2023-02-06"
last_updated: "2023-02-06"
format_version: "1.1.0"
generator: "[email protected]"
agency: "Energy Department"
document_number: "2023-02436"
document_type: "notice"
publication_date: "2023-02-06"
agencies:
  - "Energy Department"
  - "Federal Energy Regulatory Commission"
fr_citation: "88 FR 7715"
fr_volume: 88
docket_ids:
  - "Docket No. RM98-1-000"
---

#  Records Governing Off-the-Record Communications; Public Notice

This constitutes notice, in accordance with 18 CFR 385.2201(b), of the receipt of prohibited and exempt off-the-record communications.

Order No. 607 (64 FR 51222, September 22, 1999) requires Commission decisional employees, who make or receive a prohibited or exempt off-the-record communication relevant to the merits of a contested proceeding, to deliver to the Secretary of the Commission, a copy of the communication, if written, or a summary of the substance of any oral communication.

Prohibited communications are included in a public, non-decisional file associated with, but not a part of, the decisional record of the proceeding. Unless the Commission determines that the prohibited communication and any responses thereto should become a part of the decisional record, the prohibited off-the-record communication will not be considered by the Commission in reaching its decision. Parties to a proceeding may seek the opportunity to respond to any facts or contentions made in a prohibited off-the-record communication and may request that the Commission place the prohibited communication and responses thereto in the decisional record. The Commission will grant such a request only when it determines that fairness so requires. Any person identified below as having made a prohibited off-the-record communication shall serve the document on all parties listed on the official service list for the applicable proceeding in accordance with Rule 2010, 18 CFR 385.2010.

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, made under 18 CFR 385.2201(e)(1)(v).

The following is a list of off-the-record communications recently received by the Secretary of the Commission. This filing may be viewed on the Commission's website at *http://www.ferc.gov* using the eLibrary link. Enter the docket number, excluding the last three digits, in the docket number field to access the document. For assistance, please contact FERC Online Support at *[email protected]* or toll free at (866) 208-3676, or for TTY, contact (202) 502-8659.

[^1] Meeting notes with the United States Fish and Wildlife Service.

| Docket Nos. | File date | Presenter or  requester |
| --- | --- | --- |
| Prohibited: |  |  |
| NONE |  |  |
| Exempt: |  |  |
| 1. CP22-44-000 | 1-19-2023 | FERC Staff. |
| 2. CP17-458-000 | 1-23-2023 | U.S. Representative Tom Cole. |
| 3. P-1881-000 | 1-26-2023 | U.S. Representative Lloyd Smucker. |

Dated: January 31, 2023.

Debbie-Anne A. Reese,

Deputy Secretary.