Enforcement Staff Guidance
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On May 15, 2008 the Commission issued an Interpretive Order Modifying No-Action Letter Process and Reviewing Other Mechanisms for Obtaining Guidance (PL08-2-000), which offers an overview of the various mechanisms available to the public and regulated entities for obtaining both formal and informal guidance from the Commission and its staff.
Mechanisms for Obtaining Commission and Staff Guidance
The Commission’s No-Action Letter Process (NAL) has been greatly expanded. The scope of the process is only one of the mechanisms available to those seeking to obtain guidance regarding compliance with Commission statutes, rules, regulations or orders or Commission-approved tariffs. The most formal, and most binding, form of guidance is provided through Commission orders, issued in response to pleadings subject to public review and comment. The least formal, and least binding, form of guidance is provided through the Enforcement Hotline (Hotline) and meetings and discussions with individual members of Commission staff. In between these two extremes are NAL responses, legal opinions issued by the Office of the General Counsel, and interpretative letters issued by the Chief Accountant. While not binding on the Commission, these advisory materials provide confirmation of staff positions that reflect various levels of staff consensus.