(a) General. Notwithstanding § 503.72, a majority of the Commissioners may hold a meeting that is not open to public observation to discuss official agency business if:
(1) No formal or informal vote or other official agency action is taken at the meeting;
(2) Each individual present at the meeting is a Commissioner or an employee of the Commission;
(3) At least one (1) Commissioner from each political party is present at the meeting, if there are sitting Commissioners from more than one party; and
(4) The General Counsel of the Commission is present at the meeting.
(b) Disclosure of nonpublic collaborative discussions. Except as provided under paragraph (c) of this section, not later than two (2) business days after the conclusion of a meeting under paragraph (a) of this section, the Commission shall make available to the public, in a place easily accessible to the public:
(1) A list of the individuals present at the meeting; and
(2) A summary of the matters discussed at the meeting, except for any matters the Commission properly determines may be withheld from the public under § 503.73.
(c) Exception. If the Commission properly determines matters may be withheld from the public under § 503.73, the Commission shall provide a summary with as much general information as possible on those matters withheld from the public.
(d) Ongoing proceedings. If a meeting under paragraph (a) of this section directly relates to an ongoing proceeding before the Commission, the Commission shall make the disclosure under paragraph (b) of this section on the date of the final Commission decision.
[85 FR 9682, Feb. 20, 2020]