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Records Governing Off-the Record Communications; Public Notice

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Start Preamble February 18, 2005.

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, 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 Start Printed Page 9304of 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 in the Office of the Secretary. The communications listed are grouped by docket numbers in ascending order. 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. CP04-36-000 CP04-41-000 CP04-223-000 CP04-293-0002-3-05Jerry M. Landay
1. CP04-36-000 CP04-41-000 CP04-223-0002-3-05Hon. Edward M. Lambert, Jr.
2. CP04-36-000, CP04-41-000 CP04-223-000 CP04-293-0002-3-05Hon. Jack Reed
3. CP04-36-000 CP04-41-0002-7-05Hon. Thomas F. Reilly
4. CP04-36-000 CP04-223-0002-9-05 (Memo to File—Workshop Summary).Heather Ferree
5. CP04-36-000 CP04-223-0002-10-05 (Memo to File—Workshop Summary).Chris Zerby
6. CP04-36-000 CP04-223-0002-17-05Hon. Jack Reed Hon. Lincoln D. Chaffee Hon. Patrick J. Kennedy Hon. James R. Langevin
7. CP04-386-000 CP04-400-0002-10-05Jennifer Kerrigan
8. CP05-19-0002-7-05Jennifer Kerrigan
9. CP05-25-0002-3-05Richard E. Walesky
10. Project No. 1971-0002-3-05Hon. Larry E. Craig Hon. Michael D. Crapo Hon. Mike Simpson Hon. C.L. “Butch” Otter
11. Project No. 1971-0002-17-05Colleen Fagan
12. Project No. 2042-0132-4-05Hon. Cathy McMorris
13. Project No. 2210-1082-3-05Allan Creamer 1
1 Documents from participants in FERC Scoping Meeting for Smith Mountain Hydroelectric Project.
Start Signature

Magalie R. Salas,


End Signature End Preamble

[FR Doc. E5-780 Filed 2-24-05; 8:45 am]