Final Rule, Order on Rehearing re Critical Energy Infrastructure Information under RM02-4 et al. Order 630-A.

104 FERC 61,106 UNITED STATES OF AMERICA FEDERAL ENERGY REGULATORY COMMISSION 18 CFR Part 388 (Docket Nos. RM02-4-001 and PL02-1-001; Order No. 630-A) Critical Energy Infrastructure Information (Issued July 23, 2003) AGENCY: Federal Energy Regulatory Commission. ACTION: Final Rule, Order on Rehearing. SUMMARY: On February 21, 2003, the Commission issued a final rule amending its regulations to establish a procedure for gaining access to critical energy infrastructure information (CEII) that would otherwise not be available under the Freedom of Information Act (FOIA). The Commission herein is denying the petition for rehearing filed by the Transmission Access Policy Study Group (TAPS), amending the final rule to increase the numbers of copies filed, and clarifying the filing process for submitting CEII, and one provision of the regulation regarding requests for CEII. EFFECTIVE DATE: The revisions implemented in this order on rehearing of the final rule will become effective [insert date 30 days after publication in the FEDERAL REGISTER]. Docket Nos. RM02-4-001 and PL02-1-001 -2- FOR FURTHER INFORMATION CONTACT: Carol C. Johnson Office of the General Counsel Federal Energy Regulatory Commission 888 First Street, N.E. Washington, DC 20426 Phone (202) 502-6457 SUPPLEMENTARY INFORMATION: 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. RM02-4-001 and PL02-1-001 FINAL RULE ORDER NO. 630-A (Issued July 23, 2003) I. HISTORY 1. On February 21, 2003, the Federal Energy Regulatory Commission (Commission) issued a final rule in Order No. 630 establishing procedures for the public to use to submit and request access to critical energy infrastructure information (CEII) that would otherwise not be available to them under the Freedom of Information Act, 5 U.S.C. 552 (FOIA). Order No. 630 is the most recent step the Commission has taken to protect information regarding critical energy infrastructure since the September 11, 2001 terrorist attacks on the United States. On October 11, 2001, the Commission took the initial step of issuing a policy statement in Docket No. PL02-1-000 removing from easy public access certain previously public documents.1 On January 16, 2002, the Commission issued a notice of inquiry in Docket No. RM02-4-000 to determine what regulatory changes, if any, 1 See 66 FR 52917 (Oct. 18, 2001), 97 FERC 61,030 (Oct. 11, 2001). should be made to restrict unfettered general public access to CEII. 2 Later that year, the Commission issued a notice of proposed rulemaking and statement of revised policy in the same docket, proposing procedures for submitting and ...