§ 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]

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General Exemptions

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