Sec.  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  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).

   (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, as amended at  64 FR 68947 , Dec. 9, 1999]

General Exemptions