60928 Federal Register / Vol. 65, No. 199 / Friday, October 13, 2000 / Notices

Commission, 888 First Street, NE.,

Washington, DC 20426.

Linwood A. Watson, Jr.,

Acting Secretary.

[FR Doc. 00–26286 Filed 10–12–00; 8:45 am]

BILLING CODE 6717–01–M

DEPARTMENT OF ENERGY

Federal Energy Regulatory

Commission

[Docket No. RP01–27–000]

Southern California Gas Company v. El

Paso Natural Gas Company; Notice of

Complaint

October 6, 2000.

Take notice that on October 4, 2000

pursuant to Rule 206 of the Federal

Energy Regulatory Commission’s

(Commission’s) Rules of Practice and

Procedure (18 CFR 385.206), Southern

California Gas Company (SoCalGas)

filed a Section 5 Complaint against El

Paso Natural Gas Company (El Paso).

Specifically, SoCalGas requests the

Commission to issue an order: (1)

Finding that the SoCalGas/Topock

delivery point is fully subscribed on a

firm primary basis (without determining

which shippers hold firm primary

capacity), and was fully subscribed

when capacity was awarded

commencing January 1, 2000 (Open

Season) and subsequently; (2) directing

El Paso to cease and desist violating

express orders and regulations by

continuing to sell firm primary capacity

at the SoCalGas/Topock delivery point

since no such capacity is available and

(3) directing El Paso to schedule

capacity acquired during the Open

Season and subsequently into the

SoCalGas/Topock delivery point on a

secondary basis only.

Any person desiring to be heard or to

protest this filing should file a motion

to intervene or protest with the Federal

Energy Regulatory Commission, 888

First Street, N.E., Washington, D.C.

20426, in accordance with Rules 211

and 214 of the Commission’s Rules of

Practice and Procedure (18 CFR 385.211

and 385.214). All such motions or

protests must be filed on or before

October 25, 2000. Protests will be

considered by the Commission in

determining the appropriate action to be

taken, but will not serve to make

protestants parties to the proceeding.

Any person wishing to become a party

must file a motion to intervene. Copies

of this filing are on file with the

Commission and are available for public

inspection in the Public Reference

Room. This filing may also be viewed

on the Internet at http://

www.ferc.fed.us/online/rims.htm (call

202–208–2222) for assistance. Answers

to the complaint shall also be due on or

before October 25, 2000.

Linwood A. Watson, Jr.,

Acting Secretary.

[FR Doc. 00–26285 Filed 10–12–00; 8:45 am]

BILLING CODE 6717–01–M

DEPARTMENT OF ENERGY

Federal Energy Regulatory

Commission

[Docket No. ES01–1–000, et al.]

Central Illinois Light Company, et al.;

Electric Rate and Corporate Regulation

Filings

October 5, 2000.

Take notice that the following filings

have been made with the Commission:

1. Central Illinois Light Company

[Docket No. ES01–1–000]

Take notice that on October 3, 2000,

Central Illinois Light Company

submitted an application pursuant to

section 204 of the Federal Power Act

seeking authorization to issue, from

time to time between November 1, 2000,

and October 31, 2002, short-term debt

obligations in an aggregate principal

amount not to exceed $150 million at

any one time and with final maturities

of not later than October 31, 2003.

Comment date: October 24, 2000, in

accordance with Standard Paragraph E

at the end of this notice.

2. Edison Sault Electric Company

[Docket No. ES01–2–000]

Take notice that on October 3, 2000,

Edison Sault Electric Company

submitted an application pursuant to

section 204 of the Federal Power Act

seeking authorization to issue not more

than $50 million of long-term and/or

short-term secured and unsecured debt

to its parent corporation, Wisconsin

Energy Corporation and other thirdparty lenders, over a two-year period.

Edison Sault Electric Company also

seeks a waiver of the Commission’s

competitive bidding and negotiated

placement requirements in 18 CFR 34.2.

Comment date: October 23, 2000, in

accordance with Standard Paragraph E

at the end of this notice.

3. FirstEnergy Operating Companies

American Transmission Systems, Inc.

[Docket Nos. ER99–2609–005 ER99–2647–

002]

Take notice that on September 29,

2000, the FirstEnergy Operating

Companies (FirstEnergy) and American

Transmission Systems, Inc. (ATSI),

tendered for filing a notice of

cancellation of FirstEnergy’s Open

Access Transmission Tariff, and a

service agreement under which

FirstEnergy becomes a customer of ATSI

for network integration transmission

service. FirstEnergy and ATSI state that

the filing is made to implement

provisions in the Stipulation and

Agreement approved by FERC on March

16, 2000 in the above-referenced

dockets.

FirstEnergy and ATSI state further

that they have served the filing on all

parties to the proceeding.

Comment date: October 20, 2000, in

accordance with Standard Paragraph E

at the end of this notice.

4. Ameren Services Company

[Docket No. ER01–1–000]

Take notice that on October 2, 2000,

Ameren Services Company (ASC),

tendered for filing Service Agreements

for Long-Term Firm Point-to-Point

Transmission Services between ASC

and Ameren Energy, as Agent for

Ameren Services Company and Reliant

Energy Services, Inc. ASC asserts that

the purpose of the Agreements is to

permit ASC to provide transmission

service to the parties pursuant to

Ameren’s Open Access Transmission

Tariff.

Comment date: October 23, 2000, in

accordance with Standard Paragraph E

at the end of this notice.

5. The Detroit Edison Company

[Docket No. ER01–2–000]

Take notice that on October 5, 2000,

The Detroit Edison Company (Detroit

Edison), tendered for filing Service

Agreements (Service Agreements) for

Short Term Firm and Non-Firm Pointto-Point Transmission Service under the

Open Access Transmission Tariff of

Detroit Edison, FERC Electric Tariff No.

1. These Service Agreements are

between Detroit Edison and Cinergy

Services, Inc., dated as of August 29,

2000. The parties have not engaged in

any transactions under the Service

Agreements prior to thirty days to this

filing.

Also Detroit Edison tenders for filing

Service Agreements (Service

Agreements) for Short-term Firm Pointto-Point Transmission Service under the

Joint Open Access Transmission Tariff

of Consumers Energy Company and

Detroit Edison, FERC Cinergy Services,

Inc., dated as of August 29, 2000.

Detroit Edison requests that the

Service Agreements be made effective as

rate schedules as of September 29, 2000.

Federal Register / Vol. 65, No. 199 / Friday, October 13, 2000 / Notices 60929

The parties have not engaged in any

transactions under the Service

Agreements prior to thirty days to this

filing.

Comment date: October 23, 2000, in

accordance with Standard Paragraph E

at the end of this notice.

6. The Detroit Edison Company

[Docket No. ER01–3–000]

Take notice that on October 2, 2000,

The Detroit Edison Company (Detroit

Edison), tendered for filing a Service

Agreement (Service Agreement) for Firm

Point-to-Point Transmission Service

under the Joint Open Access

Transmission Tariff of Consumers

Energy Company and Detroit Edison,

FERC Electric Tariff No. 1. The Service

Agreement is between Detroit Edison

and DTE Energy Marketing, dated as of

August 3, 2000.

Also Detroit Edison tenders for filing

a Service Agreement (Service

Agreement) for Firm Point-to-Point

Transmission Service under the Open

Access Transmission Tariff of Detroit

Edison, FERC Electric Tariff No. 1. This

Service Agreement is between Detroit

Edison and DTE Energy Marketing,

dated as of August 3, 2000.

The parties have not engaged in any

transactions under the Service

Agreements prior to thirty days to this

filing. Detroit Edison requests that the

Service Agreements be made effective as

rate schedules as of September 5, 2000.

Comment date: October 23, 2000, in

accordance with Standard Paragraph E

at the end of this notice.

7. The Detroit Edison Company

[Docket No. ER01–4–000]

Take notice that on October 2, 2000,

The Detroit Edison Company (Detroit

Edison), tendered for filing Service

Agreements (Service Agreement) for

Short Term Firm and Non-Firm Pointto-Point Transmission Service under the

Open Access Transmission Tariff of

Detroit Edison, FERC Electric Tariff No.

1. This Service Agreement is between

Detroit Edison and Connectiv Energy

Supply, dated as of July 19, 2000.

Also Detroit Edison tenders for filing

a Service Agreement (Service

Agreement) for Firm Point-to-Point

Transmission Service under the Joint

Open Access Transmission Tariff of

Consumers Energy Company and Detroit

Edison, FERC Electric Tariff No. 1. The

Service Agreement is between Detroit

Edison and Connectiv Energy Supply,

Inc., dated as of July 19, 2000.

The parties have not engaged in any

transactions under the Service

Agreements prior to thirty days to this

filing. Detroit Edison requests that the

Service Agreements be made effective as

rate schedules as of August 18, 2000.

Comment date: October 23, 2000, in

accordance with Standard Paragraph E

at the end of this notice.

8. The Detroit Edison Company

[Docket No. ER01–5–000]

Take notice that on October 2, 2000,

The Detroit Edison Company (Detroit

Edison), tendered for filing Service

Agreements (Service Agreements) for

Short-term Firm and Non-Firm Point-toPoint Transmission Service under the

Joint Open Access Transmission Tariff

of Consumers Energy Company and

Detroit Edison, FERC Electric Tariff No.

1. These Service Agreements are

between Detroit Edison and Rainbow

Energy Marketing Corporation, dated as

of August 31, 2000.

Also Detroit Edison tendered for filing

Service Agreements (Service

Agreements) for Short Term Firm and

Non-Firm Point-to-Point Transmission

Service under the Open Access

Transmission Tariff of Detroit Edison,

FERC Electric Tariff No. 1. These

Service Agreements are between Detroit

Edison and Rainbow Energy, dated as of

August 31, 2000.

The parties have not engaged in any

transactions under the Service

Agreements prior to thirty days to this

filing. Detroit Edison requests that the

Service Agreements be made effective as

rate schedules as of September 29, 2000.

Comment date: October 23, 2000, in

accordance with Standard Paragraph E

at the end of this notice.

9. Puget Sound Energy, Inc.

[Docket No. ER01–6–000]

Take notice that on October 2, 2000,

Puget Sound Energy, Inc., as

Transmission Provider, tendered for

filing a Service Agreement for Firm

Point-To-Point Transmission Service

and a Service Agreement for Non-Firm

Point-To-Point Transmission Service

with Sacramento Municipal Utility

District (SMUD) as Transmission

Customer.

A copy of the filing was served upon

SMUD.

Comment date: October 23, 2000, in

accordance with Standard Paragraph E

at the end of this notice.

10. Ameren Energy Marketing

Company

[Docket No. ER01–7–000]

Take notice that on October 2, 2000,

Ameren Energy Marketing Company

(AEM), pursuant to Section 205 of the

Federal Power Act (FPA), 16 U.S.C.

§ 824d, and the market-based rate

authority provided to it by the

Commission, Ameren Energy Marketing

Company (AEM) filed an amendment to

an existing Electric Service Agreement

with Soyland Power Cooperative, Inc.,

currently on file with the FERC.

Comment date: October 23, 2000, in

accordance with Standard Paragraph E

at the end of this notice.

11. Jersey Central Power & Light

Company, Metropolitan Edison

Company, and Pennsylvania Electric

Company

[Docket No. ER01–8–000]

Take notice that on October 2, 2000,

Jersey Central Power & Light Company,

Metropolitan Edison Company and

Pennsylvania Electric Company

(individually doing business as GPU

Energy), tendered for filing a Notice of

Cancellation of the Service Agreement

between GPU Service Corporation and

Associated Power Services, Inc. (now

PanCanadian Energy Services Inc.),

FERC Electric Tariff, Original Volume

No. 1, Service Agreement No. 35.

GPU Energy requests that cancellation

be effective November 29, 2000.

Comment date: October 23, 2000, in

accordance with Standard Paragraph E

at the end of this notice.

12. Jersey Central Power & Light

Company, Metropolitan Edison

Company, and Pennsylvania Electric

Company

[Docket No. ER01–9–000]

Take notice that on October 2, 2000,

Jersey Central Power & Light Company,

Metropolitan Edison Company and

Pennsylvania Electric Company

(individually doing business as GPU

Energy), tendered for filing a Notice of

Cancellation of the Service Agreement

between GPU Service Corporation and

Citizens Lehman Power Sales (now

Citizens Power LLC), FERC Electric

Tariff, Original Volume No. 1, Service

Agreement No. 18.

GPU Energy requests that cancellation

be effective November 29, 2000.

Comment date: October 23, 2000, in

accordance with Standard Paragraph E

at the end of this notice.

13. Jersey Central Power & Light

Company, Metropolitan Edison

Company, and Pennsylvania Electric

Company

[Docket No. ER01–10–000]

Take notice that on October 2, 2000,

Jersey Central Power & Light Company,

Metropolitan Edison Company and

Pennsylvania Electric Company

(individually doing business as GPU

Energy), tendered for filing a Notice of

Cancellation of the Service Agreement

between GPU Service Corporation and

60930 Federal Register / Vol. 65, No. 199 / Friday, October 13, 2000 / Notices

Coastal Electric Services Company,

FERC Electric Tariff, Original Volume

No. 1, Service Agreement No. 30.

GPU Energy requests that cancellation

be effective November 29, 2000.

Comment date: October 23, 2000, in

accordance with Standard Paragraph E

at the end of this notice.

14. Jersey Central Power & Light

Company, Metropolitan Edison

Company, and Pennsylvania Electric

Company

[Docket No. ER01–11–000]

Take notice that on October 2, 2000,

Jersey Central Power & Light Company,

Metropolitan Edison Company and

Pennsylvania Electric Company

(individually doing business as GPU

Energy), tendered for filing a Notice of

Cancellation of the Service Agreement

between GPU Service Corporation and

AES Power, Inc., FERC Electric Tariff,

Original Volume No. 1, Service

Agreement No. 39.

GPU Energy requests that cancellation

be effective November 29, 2000.

Comment date: October 23, 2000, in

accordance with Standard Paragraph E

at the end of this notice.

15. Jersey Central Power & Light

Company, Metropolitan Edison

Company, and Pennsylvania Electric

Company

[Docket No. ER01–12–000]

Take notice that on October 2, 2000,

Jersey Central Power & Light Company,

Metropolitan Edison Company and

Pennsylvania Electric Company

(individually doing business as GPU

Energy), tendered for filing a Notice of

Cancellation of the Service Agreement

between GPU Service Corporation and

Koch Power Services (now Koch Energy

Trading, Inc.), FERC Electric Tariff,

Original Volume No. 1, Service

Agreement No. 26.

GPU Energy requests that cancellation

be effective November 29, 2000.

Comment date: October 23, 2000, in

accordance with Standard Paragraph E

at the end of this notice.

16. Jersey Central Power & Light

Company, Metropolitan Edison

Company, and Pennsylvania Electric

Company

[Docket No. ER01–13–000]

Take notice that on October 2, 2000,

Jersey Central Power & Light Company,

Metropolitan Edison Company and

Pennsylvania Electric Company

(individually doing business as GPU

Energy), tendered for filing a Notice of

Cancellation of the Service Agreement

between GPU Service Corporation and

Electric Clearinghouse, Inc., FERC

Electric Tariff, Original Volume No. 1,

Service Agreement No. 10.

GPU Energy requests that cancellation

be effective November 29, 2000.

Comment date: October 23, 2000, in

accordance with Standard Paragraph E

at the end of this notice.

17. Ameren Energy Marketing

Company, Union Electric Company d/b/

a AmerenUE

[Docket No. ER01–14–000]

Take notice that on October 2, 2000,

Ameren Energy Marketing Company

(AEM), pursuant to Section 205 of the

Federal Power Act (FPA), 16 U.S.C.

§ 824d, and Part 35 of the Federal

Energy Regulatory Commission’s (FERC

or Commission) Regulations issued

thereunder, 18 CFR 35, tendered for

filing an agreement with Union Electric

Company d/b/a AmerenUE (AmerenUE)

allowing for the substitution of AEM as

the contracting party under certain

jurisdictional agreements.

AEM seeks an effective date of

September 1, 2000, for this agreement.

Comment date: October 23, 2000, in

accordance with Standard Paragraph E

at the end of this notice.

18. The United Illuminating Company

[Docket No. ER01–15–000]

Take notice that on October 2, 2000,

The United Illuminating Company (UI)

tendered for filing an Interconnection

Agreement with Quinnipiac Energy

LLC.

UI requests an effective date of

October 2, 2000.

UI states that a copy of this filing has

been sent to Quinnipiac Energy.

Comment date: October 23, 2000, in

accordance with Standard Paragraph E

at the end of this notice.

19. Arizona Public Service Company

[Docket No. ER01–31–000]

Take notice that on October 2, 2000,

Arizona Public Service Company (the

Company), tendered for filing an

informational report on refunds of overbilled amounts to certain wholesale

customers through the Company’s FERC

Fuel Adjustment Clause.

Copies of this filing have been served

upon the affected parties as follows:

Customer Name APS–FPC/FERC Rate

Schedule

Electrical District No. 3 (ED–3) ................................................................................................ 12.

Wellton-Mohawk Irrigation and Drainage District (Wellton-Mohawk) ....................................... 58.

Electrical District No. 1 (ED–1) ................................................................................................ 68.

Town of Wickenburg (Wickenburg) .......................................................................................... 74, APS–FERC Electric Tariff Vol No. 3.

Southern California Edison Company (SCE) ........................................................................... 120.

City of Williams (Williams) ........................................................................................................ 192.

San Carlos Indian Irrigation Project (SCIIP) ............................................................................ 201.

Electrical District No. 6 (ED–6) ................................................................................................ APS–FERC Electric Tariff Vol No. 3.

Electrical District No. 7 (ED–7) ................................................................................................ APS–FERC Electric Tariff Vol No. 3.

Electrical District No. 8 (ED–8) ................................................................................................ APS–FERC Electric Tariff Vol No. 3.

Aguila Irrigation District (AID) ................................................................................................... APS–FERC Electric Tariff Vol No. 3.

McMullen Valley Water Conservation and Drainage District (MVD) ....................................... APS–FERC Electric Tariff Vol No. 3.

Tonopah Irrigation District (TID) ............................................................................................... APS–FERC Electric Tariff Vol No. 3.

Harquahala Valley Power District (HVPD) ............................................................................... APS–FERC Electric Tariff Vol No. 3.

Buckeye Water Conservation and Drainage District (Buckeye) .............................................. APS–FERC Electric Tariff Vol No. 3.

Roosevelt Irrigation District (RID) ............................................................................................. APS–FERC Electric Tariff Vol No. 3.

Maricopa County Municipal Water Conservation District (MCMWCD) .................................... APS–FERC Electric Tariff Vol No. 3.

City of Williams (Williams) the California Public Utilities Commission and the Arizona Corporation Commission.APS–FERC Electric Tariff Vol No. 3.

Federal Register / Vol. 65, No. 199 / Friday, October 13, 2000 / Notices 60931

1Notice of Guidance for Processing Order No.

2000 Filings, 92 FERC ¶ 61,048 (2000).

2Regional Transmission Organizations, Order No.

2000, 65 Fed. Reg. 809 (January 6, 2000), FERC

Stats. and Regs. ¶ 31,089 (1999), order on reh’g,

Order No. 2000–A, 65 Fed. Reg. 12,088 (March 8,

2000), FERC Stats. and Regs. ¶ 31,092 (2000).

3 18 CFR 35.34.

4Because October 15, 2000 falls on a Sunday, and

January 15, 2001 falls on a holiday, the filings are

due by close of business on October 16, 2000, and

January 16, 2001, respectively. See 18 CFR

385.2007(a)(2).

5Section 35.34(h) applies to every ‘‘public utility

that owns, operates or controls facilities used for

the transmission of electric energy in interstate

commerce as of March 6, 2000, and that has filed

with the Commission on or before March 6, 2000

to transfer operational control of its facilities to a

transmission entity that has been approved or

conditionally approved by the Commission on or

before March 6, 2000 as being in conformance with

the eleven ISO principles set forth in Order No. 888

* * *.’’

6With respect to any public utility that has filed

to transfer operational control of its transmission

facilities to an approved transmission entity as

defined in section 35.34(h) but had not done so as

of March 6, 2000, and with respect to any public

utility that has made a firm commitment to

participate in an RTO compliance filing that will be

made by January 15, 2001, the filing due by October

15, 2000 may be brief, but should state clearly the

filer’s intent to participate in the future compliance

filing.

Comment date: October 23, 2000, in

accordance with Standard Paragraph E

at the end of this notice.

Standard Paragraphs

E. Any person desiring to be heard or

to protest such filing should file a

motion to intervene or protest with the

Federal Energy Regulatory Commission,

888 First Street, NE., Washington, DC

20426, in accordance with Rules 211

and 214 of the Commission’s Rules of

Practice and Procedure (18 CFR 385.211

and 385.214). All such motions or

protests should be filed on or before the

comment date. Protests will be

considered by the Commission in

determining the appropriate action to be

taken, but will not serve to make

protestants parties to the proceeding.

Any person wishing to become a party

must file a motion to intervene. Copies

of these filings are on file with the

Commission and are available for public

inspection. This filing may also be

viewed on the Internet at http://

www.ferc.fed.us/online/rims.htm (call

202–208–2222 for assistance).

Linwood A. Watson, Jr.,

Acting Secretary.

[FR Doc. 00–26283 Filed 10–12–00; 8:45 am]

BILLING CODE 6717–01–P

DEPARTMENT OF ENERGY

Federal Energy Regulatory

Commission

[Docket No. RM99–2–000]

Regional Transmission Organizations;

Notice Providing Further Details on

Procedures for Order No. 2000 Filings

October 6, 2000.

In a notice issued on July 20, 2000,1

the Commission offered guidance on

procedures for making filings in

compliance with Order No. 2000 2 and

the regulations promulgated by that

order.3 This notice provides further

details on filing procedures in response

to questions addressed to the Secretary’s

office.

Timing of Filings

Section 35.34(c) sets forth the general

rule that filings are due by October 15,

2000, and section 35.34(h) establishes

January 15, 2001 as the deadline for

public utilities already participating in

approved transmission entities.4

Attached as an appendix to the July 20

notice was a list of the public utilities

that the Commission deems to be within

section 35.34(h) with a January 15, 2001

filing deadline. It has been called to the

Commission’s attention that some

public utilities that should be subject to

the January 15, 2001 filing deadline

were inadvertently omitted from that

appendix. This omission will not be

considered controlling for compliance

purposes. Any public utility required to

make an Order No. 2000 compliance

filing, and that satisfies the section

35.34(h) criteria,5 may file by January

15, 2001 even if inadvertently omitted

from the appendix. Any public utility

required to make an Order No. 2000

compliance filing that does not meet the

section 35.34(h) criteria is expected to

make a filing specified by section

35.34(d) or (g) by October 15, 2000.6

Docketing of Filings

The Commission has established the

new ‘‘RT’’ prefix for docket numbers

that will be assigned to any filing made

in compliance with Order No. 2000. The

Commission requests that all public

utilities making compliance filings

required by section 35.34(c) or (h) of the

regulations put the ‘‘RT’’ docket prefix

in the docket area of their filings.

The Commission intends to assign the

same docket number to all components

of a single RTO proposal, including any

filings made pursuant to sections 203

and 205 of the Federal Power Act and

any petitions for declaratory order

pursuant to section 35.34(d)(3) of the

regulations. Accordingly, those filing an

RTO proposal are encouraged to file it

as a single package and clearly identify

how the contents of the package satisfy

all applicable statutory and regulatory

requirements.

Filings by Non-Jurisdictional Entities

To the extent any non-public utility

(that is not subject to Federal Power Act

section 203 or 205 jurisdiction) wants to

make a voluntary filing regarding how

its electric transmission facilities may or

may not be included in an RTO, it may

do so in the following ways. If the nonpublic utility is participating in an RTO

proposal, it may join in the RTO filing

without jeopardizing its nonjurisdictional status. If the non-public

utility wishes to comment on a

particular RTO compliance filing, it may

do so during the comment period that

will be established in the notice of each

compliance filing. Finally, if the nonpublic utility wishes to make an

informational filing informing the

Commission generally of its status with

respect to RTO formation, it may make

such a filing in Docket No. RT01–1–000.

Linwood A. Watson, Jr.,

Acting Secretary.

[FR Doc. 00–26292 Filed 10–12–00; 8:45 am]

BILLING CODE 6717–01–M

DEPARTMENT OF ENERGY

Federal Energy Regulatory

Commission

[Docket No. RM98–1–000]

Regulations Governing Off-the-Record

Communications; Public Notice

October 6, 2000.

This constitutes notice, in accordance

with 18 CFR 385.2201(h), 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 a

prohibited off-the-record

communication relevant to the merits of

a contested off-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 part of, the

decisional record of the proceeding.

Unless the Commission determines that

the prohibited communication and any

responses thereto should become part of

the decisional record, the prohibited offthe-record communication will not be

considered by the Commission in

reaching its decision. Parties to a

proceeding may seek the opportunity to