The Federal Energy Regulatory Commission (FERC) released a public notice on January 5, 2026, in the Federal Register, detailing recent off-the-record communications in several hydroelectric project dockets. This notice, filed under Docket No. RM98-1-000, lists three exempt communications received between December 18 and December 23, 2025, with no prohibited ones reported. It highlights FERC's ongoing efforts to maintain transparency in regulatory processes, particularly in contested on-the-record proceedings where ex parte rules apply. By disclosing these interactions, FERC ensures that all parties can review and potentially respond to information that might influence decisions on hydroelectric licenses and amendments. This development is significant as it involves communications from congressional representatives and FERC staff, potentially affecting projects with environmental, energy, and regional implications in California and beyond.
Background on FERC's Off-the-Record Communication Rules
FERC governs off-the-record communications through regulations established in Order No. 607, issued on September 22, 1999, and published in the Federal Register (64 FR 51222). This order requires decisional employees to report any prohibited or exempt ex parte communications related to the merits of contested proceedings. Prohibited communications are those that occur outside official channels and could unfairly influence outcomes. They are placed in a public non-decisional file and not considered in FERC's deliberations unless fairness requires otherwise. Exempt communications, such as those from cooperating agencies or certain inter-agency discussions, are included in the decisional record unless specified otherwise.
The rules stem from broader federal administrative law principles aimed at preventing undue influence in agency decisions. They draw from the Administrative Procedure Act and judicial precedents like Sangamon Valley Television Corp. v. United States (269 F.2d 221, D.C. Cir. 1959), which emphasized the need for transparency in regulatory proceedings to uphold due process. In practice, these disclosures allow parties to request inclusion of prohibited communications in the record or to file responses, ensuring a balanced process.
Key Communications and Involved Dockets
The notice lists three exempt communications, all categorized as exempt under 18 CFR 385.2201. The first, dated December 18, 2025, in Docket P-14787-004, involves FERC staff providing a memo on correspondence with rPlus Hydro, LLC. This docket pertains to a proposed pumped storage hydroelectric project, likely the Seminoe Pumped Storage Project in Wyoming, developed by rPlus Hydro. Such projects are critical for energy storage and grid stability, especially amid growing renewable energy integration.
The second communication, dated December 19, 2025, in Docket P-77-000, comes from U.S. Representative Mike Thompson. The third, dated December 23, 2025, in Dockets P-77-000 and P-77-332, is from U.S. Representative Doug LaMalfa. Both dockets relate to the Potter Valley Project on the Eel River in California, operated by Pacific Gas and Electric Company (PG&E). Docket P-77-000 involves the project's relicensing, while P-77-332 addresses a license amendment. These proceedings have drawn attention due to competing interests in water diversion, salmon habitat restoration, and hydroelectric power generation.
Representatives Thompson and LaMalfa represent northern California districts affected by the project. Thompson has advocated for environmental protections, including fish passage improvements, while LaMalfa has emphasized agricultural water needs. Their involvement reflects political forces at play, including stakeholder pressures from tribes, environmental groups, and utilities.
Key Players and Perspectives
Key players include FERC as the regulatory authority, responsible for balancing energy needs with environmental compliance under the Federal Power Act. rPlus Hydro, LLC, is a developer focused on sustainable energy projects, seeking approvals amid scrutiny over ecological impacts. PG&E, as the licensee for the Potter Valley Project, navigates relicensing amid calls for decommissioning parts of the infrastructure.
Congressional representatives add a political dimension. Thompson, a Democrat, has pushed for ecosystem restoration, aligning with groups like the Sonoma County Water Agency. LaM alfa, a Republican, supports maintaining water supplies for farming communities. Environmental organizations, such as Friends of the Eel River, advocate for dam removal to aid endangered species, while utility and agricultural interests prioritize reliability and irrigation.
These perspectives highlight tensions between federal energy policy, state water rights, and tribal sovereignty. For instance, the Two-Basin Solution proposal for Potter Valley seeks to address both power generation and river restoration without full dam removal.
Implications for Regulatory Processes
In the short term, these disclosures ensure procedural fairness, allowing parties to review and respond to the communications via FERC's eLibrary system. For Docket P-14787-004, the staff memo could inform environmental impact assessments under the National Environmental Policy Act. In the Potter Valley dockets, congressional input might influence FERC's consideration of license conditions, potentially accelerating or complicating relicensing timelines.
Long-term implications include strengthened precedents for transparency in energy regulation. As climate change intensifies debates over hydro projects, such notices could encourage more stakeholder engagement, reducing litigation risks. However, critics argue that exempt communications might still create perceptions of bias, prompting calls for stricter rules. Supporters view them as necessary for informed decision-making, especially with inter-agency or legislative involvement.
Different perspectives exist on the effectiveness of these rules. Regulated entities like utilities appreciate the structure for avoiding inadvertent violations, while public interest groups push for broader disclosure to prevent any undue influence.
Forward-Looking Conclusion
This FERC notice exemplifies the agency's adherence to transparency protocols in complex energy proceedings. Key takeaways include the absence of prohibited communications and the involvement of congressional figures in high-stakes hydro dockets. Moving forward, parties may file responses or requests to incorporate details into decisional records, potentially shaping outcomes in these cases. Ongoing debates could focus on refining ex parte rules to better address modern challenges like climate adaptation and renewable transitions, while balancing efficiency with public trust in federal regulation.
