102 FERC 61, 190
UNITED STATES OF AMERICA
FEDERAL ENERGY REGULATORY COMMISSION
18 CFR Parts 375 and 388
(Docket Nos. RM02-4-000, PL02-1-000; Order No. 630)
Critical Energy Infrastructure Information
(Issued February 21, 2003)
AGENCY: Federal Energy Regulatory Commission.
ACTION: Final Rule.
SUMMARY: The Federal Energy Regulatory Commission (Commission) is issuing this
final rule establishing a procedure for gaining access to critical energy infrastructure
information (CEII) that would otherwise not be available under the Freedom of
Information Act (FOIA). These restrictions and the final rule were necessitated by the
terrorist acts committed on September 11, 2001 and the ongoing terrorism threat. The
final rule adopts a definition of critical infrastructure that explicitly covers proposed
facilities, and does not distinguish among projects or portions of projects. The rule also
details which location information is excluded from the definition of CEII and which is
included. The rule addresses some issues that are specific to state agencies, and clarifies
that energy market consultants should be able to get access to the CEII they need.
Finally, the rule modifies the proposed CEII process and delegates responsibility to the
CEII Coordinator to process requests for CEII and to determine what information
qualifies as CEII.
The final rule will affect the way in which companies submit some information,
and will add a new process in addition to the FOIA for requesters to use to request
information that is not already publicly available. These new steps will help keep
sensitive infrastructure information out of the public domain, decreasing the likelihood
that such information could be used to plan or execute terrorist attacks.
EFFECTIVE DATE: The rule will become effective [insert date 30 days after
publication in the FEDERAL REGISTER].
FOR FURTHER INFORMATION CONTACT:
Carol C. Johnson
Wilbur T. Miller
Office of the General Counsel
Federal Energy Regulatory Commission
888 First Street, NE
Washington, DC 20426
(202) 502-6457
SUPPLEMENTARY INFORMATION:
Docket Nos. RM02-4-000 and PL02-1-000 -1 -
UNITED STATES OF AMERICA
FEDERAL ENERGY REGULATORY COMMISSION
Before Commissioners: Pat Wood, III, Chairman;
William L. Massey, and Nora Mead Brownell.
Critical Energy Infrastructure Information Docket Nos. RM02-4-000-000
PL02-1-000-000
ORDER NO. 630
FINAL RULE
(Issued February 21, 2003)
1. In this final rule, the Federal Energy Regulatory Commission (Commission)
amends its regulations to address the appropriate treatment of critical energy
infrastructure information (CEII) in the aftermath of the September 11, 2001 terrorist
attacks on the United States of America. Under the Policy Statement issued in Docket
No. PL02-1...
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