Tag Archives: ferc

Regulation of the Day 136: Off the Record

If you work for the Department of Energy’s Federal Energy Regulatory Commission, a regulation requires you to keep records of your off-the-record communications.

Which means off-the-record communications aren’t really off the record.

In fact, 18 CFR 385.2201(b) requires FERC to post a notice in the Federal Register whenever this happens. There was one today, for example. It’s public!

Which brings up the following conundrum: if FERC policy is that off-the-record communications are actually on the record, then there are no off-the-record communications. Therefore, regulations applying to off-the-record communications are at best redundant , because there are no off-the-record comments.

Oh, never mind.