Ex parte communications are governed by A.A.C. R14-3-113 and A.A.C. R14-3-220 of the Commission’s Rules of Practice and Procedure.

An ex parte communication is a written or oral communication between a decisionmaker and any person concerning the merits of contested proceeding or linesiting that does not occur in a public forum.

Decisionmakers include a Commissioner, a Commissioner’s policy advisor or assistant, members of the Advisory Team, and Commission Administration Law Judges or members of the line siting committee.

Non-party staff that have been designated and permitted to discuss the merits of a proceeding with commissioners and assist commissioners in the decision-making process for the proceeding.

Commission employees that have been designated to serve as parties to a proceeding. These employees are prohibited from communicating, not on the public record, to commissioners, hearing officers, and other Commission employees that have been designated to serve on the Advisory Team regarding the merits of the proceeding.

The ex parte prohibition applies to any proceeding that has been set for a hearing, or when the prohibition has been invoked by the Commission or the presiding officer.

The prohibition does not apply to rulemaking proceedings.

All persons are responsible for abiding by the ex parte prohibition. If a party to a proceeding subject to the ex parte prohibition makes an unauthorized communication, the party may be required to show cause why its claim or interest in the case should not be dismissed, denied, or otherwise adversely affected.

A Commissioner or Commission employee who receives an unauthorized communication must decline to receive such communication and if unsuccessful in preventing the communication must make the substance of the communication available in the public record of the case or proceeding.