Just Thought You Should Know

STATE OF NEW YORK


DEPARTMENT OF PUBLIC SERVICE

February 1, 2013

TO: Siting Board

FROM: Jeffrey C. Cohen, Acting Secretary

Peter McGowan, General Counsel

SUBJECT: Ex Parte Communications
Executive Summary

During the course of an Article 10 proceeding, individuals and/or representatives of entities or members of the public may want to meet with members of the Siting Board and their advisors to discuss the pending proceeding or send information that would otherwise not be part of the public record of the proceeding. The purpose of this memo is to provide you with guidance concerning the parameters of permissible communications and recommended procedures when communications occur during the phases of an Article 10 proceeding, as dictated by applicable rules concerning ex parte communications and conflicts of interest.
The following summarizes the guidance concerning communications, in person, telephone calls, or through written correspondence, with individuals and/or representatives of entities or members of the public during an Article 10 proceeding.

Applicable Law

SAPA §307(2), the provision that sets forth the prohibitions pertaining to ex parte communications, states as follows:

Unless required for the disposition of ex parte matters authorized by law, members or employees of an agency assigned to render a decision or to make findings of fact and conclusions of law in an adjudicatory proceeding shall not communicate, directly or indirectly, in connection with any issue of fact, with any person or party, nor, in connection with any issue of law, with any party or his representative, except upon notice and opportunity for all parties to participate.