1. (a) Ex parte communications that are subject to these reporting requirements shall be reported by the interested person, regardless of whether the communication was initiated by the interested person. Notice of ex parte communications shall be filed no more than three working days after the communication and, in addition to the service requirements of Rule 1.9, shall be served electronically on the decisionmakers who participated in the communication. The notice may address multiple ex parte communications in the same proceeding, provided that notice of each communication identified therein is timely. A single notice may address an ex parte communication that applies to more than one proceeding, provided that the notice is filed in each applicable proceeding. The notice shall include the following information:

   1. (1) The date, time, and location of the communication, and whether it was oral, written, or a combination of both, and the communication medium used;
   2. (2) The identities of each decisionmaker involved, the person initiating the communication, and any persons present during such communication;
   3. (3) The topic of the communication, the applicable proceeding numbers, and a description of the interested person's, but not the decisionmaker's, communication including a summary of all of the points or arguments made in the communication, together with any request, recommendation, or advice provided to the decisionmaker, to which description shall be attached a copy of any written, audiovisual, or other material used for or during the communication.
2. (b) If an ex parte communication is not disclosed as required by Rule 8.2 and this rule until after the Commission has issued a decision on the matter to which the communication pertained, a party not participating in the communication may file a petition to rescind or modify the decision. A petition filed pursuant to this rule shall be filed no later than 30 days after the date the ex parte communication is disclosed.

Note: Authority cited: Section 1701, Public Utilities Code. Reference: Sections 1701 and 1701.1, Public Utilities Code.

History

1. New section filed 9-13-2006; operative 9-13-2006 pursuant to Government Code section 11351(a) (Register 2006, No. 37). For prior history, see Register 98, No. 43.

2. Renumbering of former section 8.4 to section 8.5 and renumbering and amendment of former section 8.3 to section 8.4 filed 5-9-2011; operative 6-8-2011. Submitted to OAL for limited review pursuant to Government Code section 11351 and Public Utilities Code section 311(h) (Register 2011, No. 19).

3. Amendment of section and Note filed 1-30-2018; operative 4-1-2018. Submitted to OAL for limited review pursuant to Government Code section 11351 and Public Utilities Code section 311(h) (Register 2018, No. 5).

4. Amendment of subsection (a) filed 3-15-2021; operative 5-1-2021 pursuant to Government Code section 11343.4(b)(3). Submitted to OAL for limited review pursuant to Government Code section 11351 and Public Utilities Code section 311(h) (Register 2021, No. 12).