Rulemaking Comment of Reliant Resources, Inc re Critical Energy Infrastructure Information under RM02-4 et al.

UNITED STATES OF AMERICA BEFORE THE FEDERAL ENERGY REGULATORY COMMISSION Critical Energy Infrastructure ) Docket No. RM02-4-000 Information ) Statement of Policy on Treatment ) Docket No. PL02-1-000 of Previously Public Documents ) COMMENTS OF RELIANT RESOURCES, INC. Reliant Resources, Inc. (RRI) has previously offered comments in the Notice of Inquiry in these Dockets and appreciates the opportunity to make these additional comments in response to the Federal Energy Regulatory Commissions (Commission) Notice of Proposed Rulemaking and Revised Statement of Policy on Previously Public Documents (NOPR) issued September 5, 2002. I. COMMENTS RRI owns and operates unregulated electric generation facilities; typically either exempt wholesale generators or qualified facilities. RRI is also active in the business of trading gas and electricity. These activities will be impacted by the rules adopted by the Commission in this proceeding. RRI generally supports the Commissions proposal that parties that request critical energy infrastructure information (CEII)1 may be subject to 1 Proposed 388.113(c)(1) defines CEII 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 . . . Proposed 388.133 (c)(2) defines Critical infrastructure as . . . systems and assets, whether physical or virtual, that are so vital to the United States that the incapacity or destruction of such systems or assets would have a debilitating impact on the security, national economic security, national public health or safety, or any combination of those matters. different procedures and entitled to either more or less information, depending on their status and their need for the information. RRI reemphasizes its earlier comments to the effect that commercial entities such as RRI should not be arbitrarily placed in a category of parties whose access to CEII should be unreasonably limited by the Commission. RRI urges the Commission not to lose sight of the fact that the target of this NOPR are persons planning an attack on critical infrastructure, and not market participants that have a legitimate interest in ready access to the information that they need to pursue legitimate business activities. Market participants require prompt and complete access to CEII in order to conduct efficient and thorough investigations of commercial and competitive opportunities that ultimately benefit the consumer. Access restrictions can be burdensome and can reduce the commercial options available due to ...