E4-560. Records Governing Off-the-Record Communications; Public Notice

March 9, 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 make 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 http://www.ferc.gov 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 [e-mail] or toll free at [phone], or for TTY, contact [phone].

Docket No.	Date filed	Presenter or requester
Prohibited:
1. CP04-58-000	2-19-04 through 3-4-04	Tricia Bartholome, et al.1
Exempt:
1. CP04-41-000 CP04-36-000	2-18-04	Hon. John F. Kerry.
2. CP04-58-000	3-02-04	Mr. Michael R. Peevey.
3. EL04-01-000	2-25-04	Hon. Harry Reid, Hon. John Ensign.
4. ER04-316-000	2-24-04	Hon. Chris Cannon.
5. ER04-316-000	3-03-04	Hon. John T. Doolittle.
1 This communication is one among numerous form letters sent to the Commission by the Greenpeace, USA organization. Only representative samples of these prohibited non-decisional documents are posted in this docket on the Commission's eLibrary system (http://www.ferc.gov).

Magalie R. Salas,

Secretary.