Comments of the Transmission Access Policy Study Group re Critical Energy Infrastructure Information under RM02-4 et al.

UNITED STATES OF AMERICA BEFORE THE FEDERAL ENERGY REGULATORY COMMISSION Critical Energy Infrastructure Docket Nos. RM02-4-000 and Information PL02-1-000 COMMENTS OF THE TRANSMISSION ACCESS POLICY STUDY GROUP The Transmission Access Policy Study Group (TAPS) appreciates the opportunity to comment on the Commissions notice of proposed rulemaking and revised statement of policy regarding critical energy infrastructure information (CEII), issued on September 5, 2002.1 TAPS supports the Commissions goal of ensuring that its public information resources not be avenues for the release of CEII that could increase the vulnerability of the nations energy infrastructure. TAPS submits these comments to urge that FERCs legitimate interest in protecting CEII does not operate to deny to market participants information critical to the assessment of market conditions. Specifically, the Commission should clarify or affirm that: Market price and bid data, and the like, do not come within the definition of critical energy infrastructure information, as defined in the proposed 18 C.F.R. 388.113(c)(1). Parties that request information that falls within the scope of the CEII rule and that need the information to assess market conditions in response to a Commission notice or deadline will have their requests expedited and, if necessary, deadlines to which they are responding extended to ensure that they will have sufficient time to analyze the information once released. 1 Critical Energy Infrastructure Information, 67 Fed. Reg. 57,994 (Sept. 13, 2002) (to be codified at 18 C.F.R. Parts 375 and 388). Form 715 (and similar) filing rules will continue to obligate transmitting utilities to provide, upon request by legitimate entities, information that the Commission has now removed from public access from Commission sources. I. INTEREST OF TAPS TAPS is an informal association of transmission-dependent utilities (TDU) in more than 30 states, promoting open and non-discriminatory transmission access.2 As entities entirely or predominantly dependent on transmission facilities owned and controlled by others, TAPS members are vitally interested in issues of industry structure and have strongly supported the Commissions initiative to form truly independent, regional transmission organizations. We recognize the critical importance of cost- effective and reliable access to existing and planned resources, as well as to robust competitive markets, to our ability to continue to provide reliable service to our customers at a reasonable, predictable cost. II. COMMUNICATIONS Communications regarding the matters addressed in these comments should be directed to the following: 2 TAPS is chaired by Roy Thilly, CEO of Wisconsin Public Power, Inc. Current members of the TAPS Executive ...