Comments of the American Gas Association re Critical Energy Infrastructure Information under RM02-4.

200211145112 Received FERC OSEC 11/14/2002 02:58:00 PM Docket# RM02-4-000 UNITED STATES OF AMERICA BEFORE THE FEDERAL ENERGY REGULATORY COMMMISSION Critical Energy Infrastructure Information ) Docket No. RM02-4-000 COMMENTS OF THE AMERICAN GAS ASSOCIATION Pursuant to the September 5, 2002 Notice of Proposed Rulemaking and Revised 1 Statement of Policy on Previously Public Documents, the American Gas Association (AGA) submits these comments requesting the Federal Energy Regulatory Commission (FERC or Commission) to include a streamlined process for those who would access Critical Energy Infrastructure Information (CEII) on a frequent basis, to redefine its proposed definition of Critical Energy Infrastructure Information to include location information, and to protect CEII from disclosure once it is disseminated to a state government. I. Summary Of Position The proposed alternative process to obtain information that is otherwise exempt from disclosure under the Freedom of Information Act (FOIA) appears reasonable with one exception: ongoing proceedings before the Commission will very often require decisions by the CEII Coordinator faster than the 20-30 day time-frame proposed in order to accommodate other deadlines, such as interventions and protests, hearing schedules, etc. Accordingly, AGA seeks a streamlined process for frequent requestors of CEII. AGA supports the Commissions decision to extend protection to CEII related to proposed facilities in addition to existing facilities. This is an important recognition. AGA applauds the Commission for its leadership in protecting information regarding the nations energy infrastructure -- information that if accessed by those who would do us harm could provide a roadmap leading to jeopardy for lives and the nations economy -- but the Commission must do more. It cannot allow its policies to provide unfettered access to location information -- the roadmap itself. To do so would be simple capitulation to the fact that location is 1 Critical Energy Infrastructure Information, Notice of Proposed Rulemaking and Revised Statement of Policy on Previously Public Documents, (NOPR) 67 Fed. Reg. 57994 (9-13-02), FERC Stats. & Regs. 32,564 (2002). 200211145112 Received FERC OSEC 11/14/2002 02:58:00 PM Docket# RM02-4-000 planning an attack on critical infrastructure; and is exempt from mandatory disclosure under the 5 Freedom of Information Act, 5 U.S.C. 552. V. Location Information Can Be Accessed Under The Commissions Proposed Alternative Process The Commissions decision to no longer protect location information seems to be motivated by two factors: the need for people affected by proposed projects to participate in certification proceedings and the fact that maps are often available from other sources such as the U.S. ...