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No-Action Letters
The public may request and obtain staff "No-Action Letters" with respect to whether Commission staff will recommend that the Commission take no enforcement action with respect to specific proposed transactions, practices or situations that may raise issues relating to the Standards of Conduct for Transmission Providers, Codes of Conduct for both electric and natural gas sellers, codified Market Behavior Rules, and the Commission's Prohibition of Energy Market Manipulation Rules. Ancillary matters may be considered on a case-by-case basis, if staff determines, in its discretion, that such an ancillary matter is inextricably intertwined with an appropriate No-Action Letter issue.
The No-Action Letter process is intended to assist regulated entities in seeking guidance on real world application of our regulations and orders. It makes available informal, advance advice by staff on prospective or continuing transactions that otherwise could lead to enforcement action with respect to certain specific proposed transactions. The No-Action Letter process is not appropriate for past transactions or practices.
A No-Action Letter response will not bind the Commission and will not operate as agency action that is subject to rehearing or judicial review. Nor will a No-Action Letter address the merits of a request that includes issues pending before the Commission in an on-the record proceeding. Until a response has been issued, a No-Action Letter request and any other documentation relating to it will be treated as non-public. Unless non-public treatment has been requested, once a response has been issued the No-Action Letter request and response will be made public in order to inform interested parties of the staff's views on that particular matter. A requestor may describe the proposed matter or matters that are under review and seek non-public treatment of its request and staff's response for a specified period of time not to exceed 120 days from the date of the response. For additional details on a request for non-public treatment, a requestor should review paragraphs 15 and 16 of the November 18, 2005 Interpretive Order.
Staff has provided the following information related to No-Action Letters:
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