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Records Governing Off-the-Record Communications; Public Notice

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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. 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 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.Communication datePresenter or requester
1. ER12-309-00011-30-11David Scheibel.
2. RC11-6-00012-22-11Michigan PSC.1
3. CP07-444-00012-22-11CitizenLetter.2
4. P-2246-05812-29-11Yuba County Water Agency.
5. RM11-6-00012-30-11Gordy Wrobel.
6. P-2305-00012-30-11Randy and Deborah Pennington.
7. CP08-6-0001-6-12John C. Braun, DDS, MD.
8. P-2299-0751-13-12Lower Tuolumne Farmers.
9. P-739-022 & P-2210-2071-23-12Bill Brush.3


Docket No.Communication datePresenter or requester
1. CP11-161-00012-13-11Commission Staff.4
2. RM11-6-0001-6-12Governor Sean Parnell.
3. P-2305-0361-6-12Department of the Interior Staff.
4. P-12632-0001-6-12Hon. Allan Ritter.
5. CP11-56-0001-6-12Hon. Michael G. Grimm.
6. CP11-56-0001-10-12Commission Staff.5
7. CP12-11-0001-10-12Commission Staff.6
8. P-14263-0001-11-12Hon. Michael B. Enzi.
9. CP08-6-0001-12-12Hon. Roger F. Wicker.
10. CP11-72-0001-12-12Hon. Charles Boustany Jr., MD.
11. P-199-2051-18-12Commission Staff.7
12. P-2305-0001-18-12Hon. John Cornyn.
13. CP11-56-0001-24-12Commission Staff.8
14. CP07-441 & CP07-4441-24-12Commission Staff.9
15. EL11-44-0001-24-12Members of Congress.10

Dated: January 31, 2012.

Nathaniel J. Davis, Sr.,

Deputy Secretary.


1.  Letter from Messrs. John D. Quackenbush, Orjiakor N. Isiogu and Greg R. White.

2.  A total of ten form letters received on December 22 & 29, 2011.

3.  Email record.

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4.  Conference calls that occurred on December 13 & 22, 2011, and January 24, 2012.

5.  Telephone record.

6.  Meeting with Commission Staff.

7.  Email record.

8.  Email record.

9.  Email record.

10.  Letter signed from 19 members of Congress, addressed to Secretary Steven Chu.

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[FR Doc. 2012-2710 Filed 2-6-12; 8:45 am]