Goto Section: 1.1202 | 1.1204 | Table of Contents
Revised as of September 1, 2021
Goto Year:2020 |
§ 1.1203 Sunshine period prohibition.
(a) With respect to any Commission proceeding, all presentations to
decisionmakers concerning matters listed on a Sunshine Agenda, whether
ex parte or not, are prohibited during the period prescribed in
paragraph (b) of this section unless:
(1) The presentation is exempt under § 1.1204(a);
(2) The presentation relates to settlement negotiations and otherwise
complies with any ex parte restrictions in this subpart;
(3) The presentation occurs in the course of a widely attended speech
or panel discussion and concerns a Commission action in an exempt or a
permit-but-disclose proceeding that has been adopted (not including
private presentations made on the site of a widely attended speech or
panel discussion); or
(4) The presentation is made by a member of Congress or his or her
staff, or by other agencies or branches of the Federal government or
their staffs in a proceeding exempt under § 1.1204 or subject to
permit-but-disclose requirements under § 1.1206. Except as otherwise
provided in § 1.1204(a)(6), if the presentation is of substantial
significance and clearly intended to affect the ultimate decision, and
is made in a permit-but-disclose proceeding, the presentation (or, if
oral, a summary of the presentation) must be placed in the record of
the proceeding by Commission staff or by the presenter in accordance
with the procedures set forth in § 1.1206(b).
(b) The prohibition set forth in paragraph (a) of this section begins
on the day (including business days and holidays) after the release of
a public notice that a matter has been placed on the Sunshine Agenda
until the Commission:
(1) Releases the text of a decision or order relating to the matter;
(2) Issues a public notice stating that the matter has been deleted
from the Sunshine Agenda; or
(3) Issues a public notice stating that the matter has been returned to
the staff for further consideration, whichever occurs first.
(c) The prohibition set forth in paragraph (a) of this section shall
not apply to the filing of a written ex parte presentation or a
memorandum summarizing an oral ex parte presentation made on the day
before the Sunshine period begins, or a permitted reply thereto.
[ 62 FR 15855 , Apr. 3, 1997, as amended at 64 FR 68947 , Dec. 9, 1999; 76 FR 24381 , May 2, 2011]
Goto Section: 1.1202 | 1.1204
Goto Year: 2020 |
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