Sec. 1.1203  Sunshine period prohibition.

    (a) With respect to any Commission proceeding, all presentations to 
decision-makers concerning matters listed on a Sunshine Agenda, whether 
ex parte or not, are prohibited during the period specified by paragraph 
(b) of this section:
    (1) The presentation is exempt under Sec. 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 Sec. 1.1204 or subject to 
permit-but-disclose requirements under Sec. 1.1206. If the presentation 
is of substantial significance and clearly intended to affect the 
ultimate decision, 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 Sec. 1.1206(b).

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    (b) The prohibition set forth in paragraph (a) of this section 
applies from 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.
[ 62 FR 15855 , Apr. 3, 1997]

                           General Exemptions