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

Docket Nos. RM02-4-000 and PL02-1-000 - 1 - 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 ...