§  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]

   

General Exemptions