Order granting request for critical energy infrastructure information re David E S Marvin under CE03-70.

UNITED STATES OF AMERICA FEDERAL ENERGY REGULATORY COMMISSION David E. S. Marvin Docket No. CE03-70-000 ORDER GRANTING REQUEST FOR CRITICAL ENERGY INFRASTRUCTURE INFORMATION (Issued October 21, 2003) 1. On September 17, 2003 David E. S. Marvin of Fraser Trebilcock Davis & Dunlap, P.C. submitted a request under the Commissions critical energy infrastructure information (CEII) regulations at 18 C.F.R. 388.113(d)(3) (2003). Mr. Marvin submitted his request on behalf of his client Hemlock Semiconductor Corporation, a corporation that operates large industrial facilities that are serviced by transmission and distribution lines. Specifically, Mr. Marvin requested a copy of the Exhibit I, Map Showing Proposed Transferred Facilities in Consumer Energy Companys Application for Authorization to Transfer Jurisdictional Transmission Assets to Michigan Electric Transmission Company pursuant to Section 203 of the Federal Power Act, FERC Docket No. EC01-4-000, dated October 13, 2000. 2. By letter dated October 9, 2003, Susan Court, Associate General Counsel for General and Administrative Law notified Consumers Energy Company, the submitter of the requested information, of the request and provided the Consumers Energy Company with seven (7) calendar days in which to comment on the request. The Consumers Energy Company responded by notifying Staff that the facilities at issue were now owned by Michigan Electric Transmission Company (METC) and that they therefore had no current interest in the responsive document. On October 14, 2003, a copy of this letter was sent via facsimile to METC, the current owner and operator of the transmission system. On October 20, 2003, METC responded indicating that they had no objections to the release of the subject map to the requestor. 3. CEII is defined in 18 C.F.R. 388.113(c)(1)as information about proposed or existing critical infrastructure that (i) relates to the production, generation, transportation, transmission, or distribution of energy; (ii) could be useful to a person in planning an attack on critical infrastructure; (iii) is exempt from mandatory disclosure under the Freedom of Information Act [FOIA], 5 U.S.C. 552; and (iv) does not simply give the location of the critical infrastructure. The document Mr. Marvin requested was provided by the Consumers Energy Company to the Commission. The document is a detailed map indicating the location of transmission and distribution facilities in the State of Michigan. The documents qualify as CEII because they contain information that could CE03-70-000 2 be useful to someone planning an attack on the energy infrastructure; is exempt from mandatory disclosure under FOIA exemption 7(F), and does not merely reveal the location of ...