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Records Governing Off-the-Record Communications; Public Notice

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Start Preamble February 24, 2004.

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

Order No. 607 (64 FR 51222, September 22, 1999) requires Commission decisional employees, who Start Printed Page 9612make or receive an exempt or prohibited off-the-record communication relevant to the merit's of a contested on-the-record proceeding, to deliver a copy of the communication, if written, or a summary of the substance of any oral communication, to the Secretary.

Prohibited communications will be 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 will be 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 prohibited and exempt communications recently received in the Office of the Secretary. The communications listed are grouped by docket numbers. These filings are available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at using the eLibrary (FERRIS) 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 or toll free at (866) 208-3676, or for TTY, contact (202) 502-8659.

Docket No.Date filedPresenter or requester
1. Project No. 2342-0002-19-04Rodney Parker.
2. Project No. 2342-0002-19-04Erika Parker.
3. Project No. 2342-0002-20-04Maureen Russell.
4. RP00-469-004, et al.2-19-04David McCallum.
5. RP00-469-004, et al.2-20-04David McCallum.
1. ER04-316-0002-20-04Hon. Zoe Lofgren, Hon. Mike Honda, Hon. George Miller, Hon. Cal Dooley, Hon. Ellen Tauscher.
2. ER04-316-0002-20-04Hon. John Doolittle.
3. Project Nos. 2576-022 and 2597-0192-23-04Hon. Nancy L. Johnson.
Start Signature

Magalie R. Salas,


End Signature End Preamble

[FR Doc. E4-425 Filed 2-27-04; 8:45 am]