Order granting request for Critical Energy Infrastructure information re Brett Durbin under CE04-49.

# UNITED STATES OF AMERICA FEDERAL ENERGY REGULATORY COMMISSION Brett Durbin Docket No. CE04-49- 000 ORDER GRANTING REQUEST FOR CRITICAL ENERGY INFRASTRUCTURE INFORMATION (Issued February 4, 2004) 1. On January 13, 2004 Brett Durbin, a student intern enrolled in the Berman Environmental Law Clinic at the University of Washington submitted a request under the Federal Energy Regulatory Commissions critical energy infrastructure information (CEII) regulations at 18 C.F.R. * 388.113(d)(3) (2003). Mr. Durbin submitted his request on behalf of Fuel Safe Washington, a non-profit corporation. Specifically, Mr. Durbin requested the following documents that are part of the record that Commission has certified in Fuel Safe Washington v. Federal Energy Regulatory Commission, Case # 03-9577 (10th Cir. 2003): (1) submittal 200111120-0082, (2) submittal 20011106-0425, (3) submittal 20011023-0564, (4) submittal 20010913-00532, (5) submittal 20010808-0188, (6) submittal 20010808-0189, (7) submittal 20010626-0457, (8) submittal 20010426-0237, and (9) submittal 20010426-0239. 2. By letter dated January 30, 2004, Susan Court, Associate General Counsel for General and Administrative Law notified Georgia Strait Crossing Pipeline LP (GSX-US) the submitter of the requested information, of the request and provided GSX-US with five (5) calendar days in which to comment on the request. On February 2, 2004 GSX-US responded to the letter indicating that they have no objection to the release of system flow diagrams, and supporting data classified as CEII. GSX-US, however, objects to the release of the cultural resource information contained in their submissions. 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 documents Mr. Durbin requested were submitted to the Commission by the GSX-US. The documents include system flow diagrams, and supporting data. These documents qualify as CEII because they contain information that could 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 the facility. Exemption 7(F) protects law enforcement records where release of the information "could reasonably be expected to endanger the life or physical safety of any individual." 5 U.S.C. *552(b)(7)(F). These flow diagrams could aid terrorists in endangering the life or safety of citizens living in the vicinity of this facility. 4. Although the information ...