§  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 § 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 § 1.1204 or subject to
   permit-but-disclose requirements under § 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
   § 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