Docket Nos. RM02-4-000 and PL02-1-000
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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:
UNITED STATES OF AMERICA
FEDERAL ENERGY REGULATORY COMMISSION
Before Commissioners: Pat Wood, III, Chairman;
William L. Massey, and Nora Mead Brownell.
Critical Energy Infrastructure InformationDocket 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. PL02-1-000 ...
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