[Federal Register: April 16, 2003 (Volume 68, Number 73)]
[Rules and Regulations]
[Page 18538-18544]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
18 CFR Parts 4, 16, 141, 157
[Docket No. RM03-6-000]
Amendments To Conform Regulations With Order No. 630 (Critical
Energy Infrastructure Information Final Rule)
April 9, 2003.
AGENCY: Federal Energy Regulatory Commission.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Federal Energy Regulatory Commission is proposing to
revise its regulations requiring that companies make information
directly
[[Page 18539]]
available to the public under certain circumstances. The revisions are
necessary to conform these regulations to Order No. 630, which
established guidelines for the handling of Critical Energy
Infrastructure Information (CEII). In order to restrict availability of
information that could be used in a terrorist attack against the
nation's energy infrastructure, Order No. 630 explained that the
Commission believed CEII would be exempt from disclosure under the
Freedom of Information Act (FOIA). The order set out a definition of
CEII and established procedures for persons with a legitimate need for
such information to follow in seeking access to it. Order No. 630 only
covered information submitted to or prepared by the Commission. The
revisions proposed in this rulemaking address instances in which the
Commission's rules and regulations require companies to make
information available directly to the public. Revisions will be
necessary to ensure that protection of CEII is consistent in both
contexts.
DATES: Comments are due May 16, 2003.
ADDRESSES: Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC, 20426.
FOR FURTHER INFORMATION CONTACT: Wilbur T. Miller, Office of General
Counsel, Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426. (202) 502-8953.
SUPPLEMENTARY INFORMATION:
I. Introduction
1. In this Notice of Proposed Rulemaking (NOPR), the Commission
proposes specific changes to its regulations that require companies to
make certain information available directly to the public. The changes
are necessary to reconcile those regulations with Order No. 630, which
established standards and procedures for the handling of Critical
Energy Infrastructure Information (CEII) submitted to or created by the
Commission.\1\ Because Order No. 630 addressed only situations in which
a person might seek access to CEII that is in the Commission's
possession, further changes to ensure consistent treatment and
protection of CEII are needed where companies possess CEII and are
required by the Commission's regulations to make it available to the
public unconditionally.
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\1\ 68 FR 9857 (Mar. 3, 2003); III FERC Stats. & Regs. ] 31,140
(Feb. 21, 2003).
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2. The Commission is proposing to revise its regulations in several
areas. These include 18 CFR part 4, which requires that applicants for
hydropower licenses, permits and exemptions make various types of
information available to the public. Another area proposed for revision
is 18 CFR part 16, which requires that applicants for projects subject
to sections 14 and 15 of the Federal Power Act \2\ make specified
information available to the public. A third area is 18 CFR 141.300,
which establishes requirements for filing FERC Form No. 715, Annual
Transmission Planning and Evaluation Report. The instructions to Form
No. 715 in turn require that portions of the form be made available to
the public by the public utility upon request. Finally, 18 CFR part 157
governs applications for certificates of public convenience and
necessity, and for orders permitting and approving abandonment under
section 7 of the Natural Gas Act. Several sections in part 157 require
that certain information, some of which may be CEII, be made available
by applicants to landowners or other members of the public.
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\2\ 16 U.S.C. 807-808.
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A. Order No. 630
3. Order No. 630 arose from the Commission's concern that CEII
could be employed by terrorists to engineer attacks against the
nation's energy facilities. In the wake of the September 11, 2001,
tragedy, the Commission removed from easy public access various
categories of documents that might contain CEII.\3\ The Commission
issued a notice of inquiry \4\ on January 16, 2002, followed by a NOPR
\5\ on September 5, 2002, seeking comments on the best procedures for
protecting CEII. On February 21, 2003, the Commission issued a final
rule in Order No. 630.\6\
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\3\ See 67 FR 3129 (Jan. 23, 2002), IV FERC Stats. & Regs.
]35,542 (Jan. 16, 2002).
\4\ Id.
\5\ See 67 FR 57994 (Sept. 13, 2002), IV FERC Stats. & Regs. ]
32,564, (Sept. 5, 2002).
\6\ See note 1.
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4. In issuing the final rule, the Commission found that concerns
for the safety of the public and the nation's energy systems compelled
it to ensure that CEII is not readily available to the public.\7\ The
Commission had previously taken steps to remove various categories of
documents that were likely to contain CEII from public availability
through the Internet, the Federal Energy Regulatory Records Information
System (FERRIS), and the Commission's public reference room.\8\ Apart
from reaffirming that decision, Order No. 630 stated the Commission's
conclusion that, in light of the heightened appreciation for security
concerns in the wake of the September 11 attack, information
constituting CEII would be exempt from disclosure under one or more of
the exemptions to FOIA.\9\ The Commission emphasized that Order No. 630
did not constitute a determination of the applicability of any FOIA
exemption to any specific situation, but rather reflected the
Commission's understanding of the exemptions' applicability to CEII, an
understanding that informed the Commission's choices in the rulemaking.
FOIA requests still must be processed on an individual basis as
required by statute.\10\
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\7\ 68 FR 9857, at pp. 9858-59.
\8\ Id. at p. 9858.
\9\ 5 U.S.C. 552; see 68 FR 9857 at pp. 9859-61, 9871-73
(Appendix B).
\10\ 68 FR 9857, at pp. 9859-60.
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5. Order No. 630 defined CEII in Sec. 388.113(c)(1) of the
Commission's regulations 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, 5 U.S.C. 552; and
(iv) Does not simply give the location of the critical
infrastructure.\11\
\11\ Id. at p. 9870.
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The order defined ``critical infrastructure'' in Sec.
388.113(c)(2) of the Commission's regulations as:
existing and proposed systems and assets, whether physical or
virtual, the incapacity or destruction of which would negatively
affect security, economic security, public health or safety, or any
combination of those matters.\12\
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\12\ Id.
6. Of particular concern to the Commission in defining CEII was
location information. Such information is particularly relevant, for
example, to participants in the National Environmental Policy Act
(NEPA) process. Consequently, the Commission concluded that the
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following types of location information would not be considered CEII:
(1) USGS 7.5-minutes topographic maps showing the location of
pipelines, dams, or other aboveground facilities; (2) alignment
sheets showing the location of pipeline and aboveground facilities,
right of way dimensions, and extra work areas; (3) drawings showing
site or project boundaries, footprints, building locations and
reservoir extent; and (4) general location maps.\13\
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\13\ Id. at p. 9862. The Commission stated, however, that it
would not place this information on the Internet. Id.
7. For submission of CEII to the Commission, Order No. 630 adopted
a
[[Page 18540]]
process that largely parallels the process for submission of
confidential materials. The order revised section 388.112 of the
Commission's regulations to provide that an entity submitting CEII to
the Commission is responsible for identifying and marking CEII with the
legend ``Contains Critical Energy Infrastructure Information-Do Not
Release.'' Information identified as CEII is placed in a nonpublic
file, with the Commission retaining the right to make a determination
whether CEII treatment has been properly claimed. The submitter is
notified in the event any person or entity requests release of the
CEII, and also prior to any release of the information being made.\14\
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\14\ Id. at p. 9870.
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8. In reaching the conclusion that it could and should protect
CEII, the Commission recognized that, in many instances, individuals
and entities would have a legitimate need to obtain CEII. The
Commission recognized, for instance, that interveners, landowners and
other persons retained an interest in participating meaningfully in
Commission proceedings. Order No. 630 also recognized other legitimate
users of CEII, including state agencies and market participants seeking
to develop new or expanded energy resources.\15\
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\15\ Id. at pp. 9863, 9865.
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9. In order to protect the legitimate interests of these and other
users of CEII, Order No. 630 established the position of CEII
Coordinator to consider requests for release of CEII. The order added
Sec. 375.313 to the Commission's regulations to delegate authority to
that official to consider such requests, and also added Sec. 388.113
to create procedures for requesting access to CEII.\16\ A person
desiring access to CEII must file a written request with the CEII
Coordinator containing the following information:
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\16\ Id. at pp. 9869-70.
Requester's name, date and place of birth, title, address, and
telephone number; the name, address, and telephone of the person or
entity on whose behalf the information is requested; a detailed
statement explaining the particular need for and intended use of the
information; and a statement as to the requester's willingness to
adhere to limitations on the use and disclosure of the information
requested. Requesters are also requested to include their social
security number for identification purposes.\17\
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\17\ Id. at pp. 9870-71.
In determining whether to grant a request for CEII, the CEII
Coordinator is required to balance the requester's need for the
information against the information's sensitivity. In the event the
request is granted, the CEII Coordinator is authorized to impose
conditions upon the requester's use of the information, including the
requirement that the requester sign a non-disclosure agreement.
Determinations by the CEII Coordinator are subject to rehearing under
section 385.713 of the Commission's regulations.\18\
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\18\ Id. at p. 9870.
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B. CEII Made Available Directly to the Public
10. During the comment process, some commenters noted that the
Commission requires companies to make certain information available
directly to the public and that such information, if it contained CEII,
would not be covered by the rulemaking that culminated in Order No.
630. The Commission agreed with the need to eliminate this inconsistent
treatment and stated that it would address the matter in future
modifications to its regulations.\19\ The Commission has identified
several such portions of its regulations.
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\19\ Id. at p. 9868.
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1. Electric Transmission Provisions
11. One provision proposed for revision relates to FERC Form No.
715, the Annual Transmission Plan and Evaluation Report. The
Commission's regulations, at 18 CFR 141.300, require the filing of Form
No. 715. The form itself, in its instructions, states that
``[r]espondents must also make available to the public, upon request,
in hard copy, the above items (Parts 1-6 of Form No. 715), and, in
electronic form, items 1, 2, 4, 5, and 6.'' Some of the information
that Form No. 715 calls for may include CEII.\20\ For example, part 2
requires ``regional or subregional case base power flow data.'' Part 3
requires ``transmission system maps and diagrams used by the Respondent
for transmission planning.'' Part 4 requires detailed transmission
planning reliability critieria. Part 5 requires transmission planning
assessment practices.
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\20\ See ``New Reporting Requirements Implementing Section
213(b) of the Federal Power Act,'' 100 FERC ]61,141 (2002). In this
order, the Commission modified its practice of making Form 715
available to the public. Due to national security considerations, it
determined that certain portions of Form 715 would no longer be made
available on the Commission's Web site or through its public
databases. This change in policy was to remain in effect until the
Commission took final action in Docket No. RM02-4-000. As explained
above, a final rule was issued in Order No. 630, which is now
pending rehearing.
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2. Natural Gas Provisions
12. Another instance is the Commission's regulations governing
applications for certificates of public convenience and necessity and
for orders permitting abandonment. Under Sec. 157.10(b), copies of
applications, supplements and amendments under part 157 of the
Commission's regulations, including exhibits required by Sec. Sec.
157.14, 157.16 and 157.18, must be supplied on request to
interveners.\21\ Complete copies of the filings must be made available
in central locations in each county throughout the project area.\22\
The required exhibits include material that might be CEII, such as flow
diagrams and related data,\23\ and total gas supply data.\24\ In
addition to Sec. 157.10, Sec. Sec. 157.6(d), 157.22(e)(3)-(4) and
157.203(d) may also on occasion require that CEII be made available to
certain persons.
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\21\ 18 CFR 157.10(b). Materials that are voluminous or
difficult to reproduce may be made available in an accessible
central location in each county in the project area. 18 CFR
157.10(b)(1).
\22\ 18 CFR 157.10(c).
\23\ 18 CFR 157.14(a)(7)-(9).
\24\ 18 CFR 157.14(a)(10).
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3. Hydropower Provisions
13. Part 4 of the Commission's regulations, which governs licenses,
permits, exemptions and other applications under the Federal Power Act,
contains a number of provisions that require applicants to make
information about their projects available to the public. Under 18 CFR
4.32(a)(3), an applicant for a preliminary license, permit or exemption
must provide notification to affected property owners. The notification
must include Exhibit G to the application.\25\ 18 CFR 4.32(b)(3) and
(b)(4) require the applicant to make information, including a copy of
the application and all exhibits, available to the public for
inspection and reproduction at specified locations.\26\ Under 18 CFR
4.34(i)(4)(i) and (i)(6)(iii), an applicant using alternative
procedures must distribute an information package and maintain a public
file of all relevant documents, including scientific studies. Finally,
18 CFR 4.38(g), which provides for pre-filing consultation in the case
of an original license, requires the applicant to make available for
public inspection various items, including detailed maps \27\ and a
general engineering design.\28\ All of these provisions likely will
require the public disclosure of CEII.
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\25\ 18 CFR 4.32(a)(3)(ii).
\26\ 18 CFR 4.32(b)(3)(i), (b)(4)(ii)-(iv).
\27\ 18 CFR 4.38(b)(1)(i).
\28\ 18 CFR 4.38(b)(1)(ii).
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14. Part 16, which specifies procedures for the takeover and
relicensing of existing projects, also
[[Page 18541]]
contains public notification requirements. An applicant for a new
license, at the time it notices its intention to apply for relicensing,
must make available for public inspection \29\ a number of items,
including the original application, as-built drawings, diagrams,
emergency action plans, and operation and maintenance reports.\30\ In
addition, the provisions regarding pre-filing consultation require that
items including detailed maps and a general engineering design be made
available for public inspection.\31\ These regulations would require
the disclosure of CEII.
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\29\ See 18 CFR 16.7(e).
\30\ 18 CFR 16.7(d)(1)-(2).
\31\ 18 CFR 16.8(i); see 18 CFR 16.8(b)(1)(i)-(ii).
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15. Parts 4 and 16, apart from containing provisions requiring that
CEII be made available to the public, also in several instances require
applicants to serve CEII on Indian tribes, resource agencies and other
government offices. Such provisions are found at 18 CFR 4.32(b)(1)-(2);
4.38(b)(1), (c)(4), (d); 16.8(b)(1), (c)(4), (d). In Order No. 630, the
Commission noted that the Federal Records Act \32\ effectively requires
a Federal agency receiving information from another Federal agency to
treat it in the same manner that the originating agency would have
treated it.\33\ This requirement would not apply to the provisions
listed above, however, because the resource agency would be receiving
the CEII directly from the applicant, not from the Commission.
Consequently, to ensure consistent treatment of CEII, the Commission
proposes to add provisions for instances where information must be
provided to other agencies and to tribes that would parallel the
proposed provisions applicable to information made available to the
public. The Commission notes that neither the proposals contained in
this NOPR nor Order No. 630 is intended to require companies to
withhold CEII. Instead, they are intended to ensure that the
Commission's regulations do not require companies to reveal CEII.
Consequently, the Commission anticipates that, in most instances,
companies will share CEII with other Federal agencies without requiring
other agencies to request access to CEII.
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\32\ 44 U.S.C. 3510(b).
\33\ 68 FR 9857, at p. 9866.
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II. Discussion
16. The Commission in this NOPR proposes to reconcile the
requirements for making information available to the public with Order
No. 630 by providing that companies subject to the disclosure
requirements of Form No. 715 and parts 4, 16 and 157 omit CEII from the
information made available. Instead, the company would include a
statement briefly describing the omitted information, without revealing
CEII, and referring the reader to the procedures for challenging CEII
claims and for requesting CEII. Such challenges and requests would take
place under the procedures adopted in Order No. 630 and found in 18 CFR
388.112 and 388.113, employing the definition of CEII found at 18 CFR
388.113(c). Therefore, a member of the public could still obtain the
information, but would have to follow procedures different from those
applicable now.
17. The treatment of CEII under the proposed procedures should
largely parallel the treatment of the same information filed with the
Commission. Form No. 715 and parts 4, 16 and 157 require that companies
make available certain portions of information that they are submitting
to the Commission. Consequently, the company should simply omit, from
the information made available to the public, all materials designated
as CEII in its submission to the Commission. The proposed revisions
require that the company adhere to any previous determinations by the
Commission or the CEII Coordinator as to the status of any information
claimed to constitute CEII.\34\ Thus, if information designated as CEII
in the submission to the Commission is later determined not to
constitute CEII, the company should make that information available as
specified in the pertinent regulation. This approach should be
relatively simple and straightforward. The Commission invites comments,
however, on any other approach that might function better.
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\34\ Sections 157.6(d)(3)(iv), 157.22(e)(4), and 157.203(d)
require information to be made available that would not necessarily
be identical to information submitted to the Commission. For
example, 18 CFR 157.6(d)(3)(iv) requires that an applicant include
in a notice to landowners a description of the proposed project.
This description would not necessarily be contained in the
application submitted to the Commission. As explained below, the
Commission believes that, as a practical matter, these three
provisions will seldom if ever require an applicant to make CEII
available. Should such a situation arise, it would be the
applicant's responsibility to determine what information constituted
CEII and omit it from the information made available.
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18. Besides Sec. 157.10, other provisions in part 157 could
conceivably be interpreted as requiring the disclosure by a company of
CEII. Section 157.6(d) requires notification to affected landowners,
including a description of ``the proposed project [and] its location
(including a general location map).''\35\ Where the Commission approves
a pre-filing collaborative process, the applicant must maintain a
public file of all relevant documents.\36\ Finally, in the case of
blanket certificates, an applicant must provide notice to landowners,
including a brief description of facilities to be constructed or
replaced.\37\ In each of these cases, the Commission believes it should
ordinarily be unnecessary for the applicant to release CEII. Where maps
or other descriptions are required, it should be possible for the
applicant to meet the requirement without including information so
detailed or sensitive that it would require the inclusion of CEII,
particularly given that Order No. 630 omitted location information from
the definition of CEII. Where a NEPA Pre-Filing process or
collaborative process is approved, there are no specific requirements
that should lead to the disclosure of CEII. The regulation simply
requires that the applicant make available all ``relevant documents.''
The Commission does not interpret this provision as requiring the
disclosure of CEII. Nevertheless, in the interest of caution the
Commission is proposing to amend all three provisions to provide for
the protection of CEII.
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\35\ 18 CFR 157.6(d)(3)(iv).
\36\ 18 CFR 157.22(e)(4).
\37\ 18 CFR 157.203(d).
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19. The Commission invites comment on provisions in its rules and
regulations other than those specifically discussed in this NOPR that
may require revisions to ensure consistency with Order No. 630.
20. The Commission notes that it does not intend to revisit issues
already addressed in Order No. 630. Such issues include the need for
protecting CEII, the definition of CEII, and the procedures for
submitting and obtaining access to CEII.\38\ The Commission also notes
that FOIA has no bearing on the matters discussed in this NOPR, as it
concerns only requirements that companies make information available,
not requests to obtain information from the Commission.
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\38\ Those issues are still subject to rehearing as part of
Docket No. RM02-4-000. That proceeding remains the appropriate forum
for their resolution.
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III. Information Collection Statement
21. Office of Management and Budget (OMB) regulations require OMB
to approve certain information collection requirements imposed by
agency rule.\39\ The public disclosure of information originally
supplied by an agency to the recipient is, however, excluded from the
[[Page 18542]]
coverage of the regulations.\40\ The only information collection
requirement contained in this proposed rulemaking is a requirement that
companies include a statement outlining the procedures for seeking
access to CEII. Because that statement would be supplied by the
Commission, the information collection regulations do not apply to this
proposed rulemaking.
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\39\ 5 CFR 1320.12.
\40\ 5 CFR 1320.3(c)(2).
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IV. Environmental Analysis
22. The Commission is required to prepare an Environmental
Assessment or an Environmental Impact Statement for any action that may
have a significant adverse effect on the human environment.\41\ The
Commission has categorically excluded certain actions from this
requirement as not having a significant effect on the human
environment. Included in the exclusion are rules that are clarifying,
corrective, or procedural or that do not substantially change the
effect of the regulations being amended.\42\ This proposed rule, if
finalized, is procedural in nature and therefore falls under this
exception; consequently, no environmental consideration would be
necessary.
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\41\ Order No. 486, Regulations Implementing the National
Environmental Policy Act, 52 FR 47897 (Dec. 17, 1987), FERC Stats. &
Regs. Preambles 1986-1990 ]30,783 (1987).
\42\ 18 CFR 380.4(a)(2)(ii).
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V. Regulatory Flexibility Act Certification
23. The Regulatory Flexibility Act of 1980 (RFA) \43\ generally
requires a description and analysis of final rules that will have
significant economic impact on a substantial number of small entities.
The Commission is not required to make such analyses if a rule would
not have such an effect. The Commission certifies that this proposed
rule, if finalized, would not have such an impact on small entities.
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\43\ 5 U.S.C. 601-612.
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VI. Comment Procedure
24. The Commission invites interested persons to submit written
comments on the matters and issues proposed in this notice to be
adopted, including any related matters or alternative proposals that
commenters may wish to discuss. Comments are due May 16, 2003. Comments
must refer to Docket No. RM03-6-000, and may be filed either in
electronic or paper format. Those filing electronically do not need to
make a paper filing.
25. Documents filed electronically via the Internet can be prepared
in a variety of formats, including WordPerfect, MS Word, Portable
Document Format, Rich Text Format, or ASCII format, as listed on the
Commission's Web site at http://ferc.gov, under the e-Filing link. The
e-Filing link provides instructions for how to Login and complete an
electronic filing. First time users will have to establish a user name
and password. The Commission will send an automatic acknowledgment to
the sender's E-Mail address upon receipt of comments. User assistance
for electronic filing is available at 202-502-8258 or by E-Mail to
[email protected]. Comments should not be submitted to the E-Mail
address.
26. For paper filings, the original and 14 copies of such comments
should be submitted to the Office of the Secretary, Federal Energy
Regulatory Commission, 888 First Street, NE., Washington DC 20426.
27. All comments will be placed in the Commission's public files
and will be available for inspection in the Commission's Public
Reference Room at 888 First Street, NE., Washington DC 20426, during
regular business hours. Additionally, all comments may be viewed,
printed, or downloaded remotely via the Internet through FERC's home
page using the FERRIS link.
VII. Document Availability
28. In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
Internet through FERC's home page (http://www.ferc.gov) and in FERC's
Public Reference Room during normal business hours (8:30 a.m. to 5 p.m.
eastern time) at 888 First Street, NE., Room 2A, Washington, DC 20426.
29. From FERC's home page on the Internet, this information is
available in the Federal Energy Regulatory Records Information System
(FERRIS). The full text of this document is available on FERRIS in PDF
and WordPerfect format for viewing, printing, and/or downloading. To
access this document in FERRIS, type the docket number excluding the
last three digits of this document in the docket number field.
30. User assistance is available for FERRIS and the FERC's Web site
during normal business hours by contacting, FERC Online Support at
[email protected] or toll-free at (866) 208-3676, for TTY
(202) 502-8659.
List of Subjects
18 CFR Part 4
Administrative practice and procedure, Electric power, Reporting
and recordkeeping requirements.
18 CFR Part 16
Administrative practice and procedure, Electric power, Reporting
and recordkeeping requirements.
18 CFR Part 141
Electric power, Reporting and recordkeeping requirements.
18 CFR Part 157
Administrative practice and procedure, Natural Gas, Reporting and
recordkeeping requirements.
By direction of the Commission.
Magalie R. Salas,
Secretary.
0
In consideration of the foregoing, the Commission proposes to amend
parts 4, 16, 141 and 157, chapter I, title 18, Code of Federal
Regulations, as follows.
PART 4--LICENSES, PERMITS, EXEMPTIONS AND DETERMINATION OF PROJECT
COSTS
0
1. The authority citation for part 141 continues to read as follows:
Authority: 16 U.S.C. 791a-825r, 2601-2645; 42 U.S.C. 7101-7352.
0
2. Section 4.32 is amended by adding paragraph (k) as follows:
Sec. 4.32 Acceptance for filing or rejection; information to be made
available to the public; requests for additional studies.
* * * * *
(k) Critical Energy Infrastructure Information.
(1) If this section requires an applicant to reveal Critical Energy
Infrastructure Information (CEII), as defined in Sec. 388.113(c) of
this chapter, to any person, the applicant shall omit the CEII from the
information made available and insert the following in its place:
(i) A statement that CEII is being withheld;
(ii) A brief description of the omitted information that does not
reveal any CEII; and
(iii) This statement: ``Procedures for obtaining access to Critical
Energy Infrastructure Information (CEII) may be found at 18 CFR Sec.
388.113. Requests for access to CEII should be made to the Commission's
CEII Coordinator.''
(2) The applicant, in determining whether information constitutes
CEII, shall treat the information in a manner consistent with any
filings that applicant has made with the
[[Page 18543]]
Commission and shall adhere to any previous determinations by the
Commission or the CEII Coordinator involving the same or like
information.
(3) The procedures contained in Sec. Sec. 388.112 and 388.113 of
this chapter regarding designation of, and access to, CEII, shall apply
in the event of a challenge to a CEII designation or a request for
access to CEII. If it is determined that information is not CEII or
that a requester should be granted access to CEII, the applicant will
be directed to make the information available to the requester.
0
3. Section 4.34 is amended by adding paragraph (i)(10) as follows:
Sec. 4.34 Hearings on applications; consultation on terms and
conditions; motions to intervene; alternative procedures.
* * * * *
(i) Alternative procedures. * * *
(10) If this section requires an applicant to reveal Critical
Energy Infrastructure Information (CEII), as defined by Sec.
388.113(c) of this chapter, to the public, the applicant shall follow
the procedures set out in Sec. 4.32(k).
0
4. Section 4.38 is amended by adding paragraph (i) as follows:
Sec. 4.38 Consultation requirements.
* * * * *
(i) Critical Energy Infrastructure Information. If this section
requireS an applicant to reveal Critical Energy Infrastructure
Information (CEII), as defined by Sec. 388.113(c) of this chapter, to
any person, the applicant shall follow the procedures set out in Sec.
4.32(k) of this subpart.
PART 16--PROCEDURES RELATING TO TAKEOVER AND RELICENSING OF
LICENSED PROJECTS
0
5. The authority citation for part 16 continues to read as follows:
Authority: 16 U.S.C. 791a-825r; 42 U.S.C. 7101-7352.
0
6. Section 16.7 is amended by adding paragraph (d)(7) as follows:
Sec. 16.7 Information to be made available to the public at the time
of notification of intent under section 15(b) of the Federal Power Act.
* * * * *
(d) Information to be made available. * * *
(7) If paragraph (d) of this section requires an applicant to
reveal Critical Energy Infrastructure Information (CEII), as defined in
Sec. 388.113(c) of this chapter, to the public, the applicant shall
omit the CEII from the information made available and insert the
following in its place:
(i) A statement that CEII is being withheld;
(ii) A brief description of the omitted information that does not
reveal any CEII; and
(iii) This statement: ``Procedures for obtaining access to Critical
Energy Infrastructure Information (CEII) may be found at 18 CFR Sec.
388.113. Requests for access to CEII should be made to the Commission's
CEII Coordinator.''
(A) The applicant, in determining whether information constitutes
CEII, shall treat the information in a manner consistent with any
filings that applicant has made with the Commission and shall adhere to
any previous determinations by the Commission or the CEII Coordinator
involving the same or like information.
(B) The procedures contained in Sec. Sec. 388.112 and 388.113 of
this chapter regarding designation of, and access to, CEII, shall apply
in the event of a challenge to a CEII designation or a request for
access to CEII. If it is determined that information is not CEII or
that a requester should be granted access to CEII, the applicant will
be directed to make the information available to the requester.
* * * * *
0
7-8. Section 16.8 is amended by adding paragraph (k) as follows:
Sec. 16.8 Consultation requirements.
* * * * *
(k) Critical Energy Infrastructure Information. If this section
requires an applicant to reveal Critical Energy Infrastructure
Information (CEII), as defined by Sec. 388.113(c) of this chapter, to
any person, the applicant shall follow the procedures set out in Sec.
16.7(d)(7) of this subpart.
PART 141--STATEMENTS AND REPORTS (SCHEDULES)
0
9. The authority citation for part 141 continues to read as follows:
Authority: 15 U.S.C. 79; 16 U.S.C. 791a-828c, 2601-2645; 31
U.S.C. 9701; 42 U.S.C. 7101-7352.
0
10. Section 141.300 is amended by adding paragraph (d) as follows:
Sec. 141.300 FERC Form No. 715, Annual Transmission Planning and
Evaluation Report.
* * * * *
(d) Critical Energy Infrastructure Information.
(1) If the instructions in Form No. 715 require a utility to reveal
Critical Energy Infrastructure Information (CEII), as defined in Sec.
388.113(c) of this chapter, to the public, the utility shall omit the
CEII from the information made available and insert the following in
its place:
(i) A statement that CEII is being withheld;
(ii) A brief description of the omitted information that does not
reveal any CEII; and
(iii) This statement: ``Procedures for obtaining access to Critical
Energy Infrastructure Information (CEII) may be found at 18 CFR Sec.
388.113. Requests for access to CEII should be made to the Commission's
CEII Coordinator.''
(2) The utility completing Form No. 715, in determining whether
information constitutes CEII, shall treat the information in a manner
consistent with any filings that utility has made with the Commission
and shall adhere to any previous determinations by the Commission or
the CEII Coordinator involving the same or like information.
(3) The procedures contained in Sec. Sec. 388.112 and 388.113 of
this chapter regarding designation of, and access to, CEII, shall apply
in the event of a challenge to a CEII designation or a request for
access to CEII. If it is determined that information is not CEII or
that a requester should be granted access to CEII, the utility will be
directed to make the information available to the requester.
PART 157--APPLICATIONS FOR CERTIFICATES OF PUBLIC CONVENIENCE AND
NECESSITY AND FOR ORDERS PERMITTING AND APPROVING ABANDONMENT UNDER
SECTION 7 OF THE NATURAL GAS ACT
0
11. The authority citation for part 157 continues to read as follows:
Authority: 15 U.S.C. 717-717w, 3301-3432; 42 U.S.C. 7101-7352.
0
12. Section 157.6 is amended by adding paragraph (d)(6) as follows:
Sec. 157.6 Applications; general requirements.
* * * * *
(d) Landowner notification. * * *
(6) If paragraph (d)(3) of this section requires an applicant to
reveal Critical Energy Infrastructure Information (CEII), as defined by
Sec. 388.113(c) of this chapter, to a landowner, the applicant shall
follow the procedures set out in Sec. 157.10(d).
0
13. Section 157.10 is amended by adding paragraph (d) as follows:
Sec. 157.10 Interventions and protests.
* * * * *
(d) Critical Energy Infrastructure Information.
(1) If this section requires an applicant to reveal Critical Energy
Infrastructure Information (CEII), as
[[Page 18544]]
defined in Sec. 388.113(c) of this chapter, to the public, the
applicant shall omit the CEII from the information made available and
insert the following in its place:
(i) A statement that CEII is being withheld;
(ii) A brief description of the omitted information that does not
reveal any CEII; and
(iii) This statement: ``Procedures for obtaining access to Critical
Energy Infrastructure Information (CEII) may be found at 18 CFR Sec.
388.113. Requests for access to CEII should be made to the Commission's
CEII Coordinator.''
(2) The applicant, in determining whether information constitutes
CEII, shall treat the information in a manner consistent with any
filings that applicant has made with the Commission and shall adhere to
any previous determinations by the Commission or the CEII Coordinator
involving the same or like information.
(3) The procedures contained in Sec. Sec. 388.112 and 388.113 of
this chapter regarding designation of, and access to, CEII, shall apply
in the event of a challenge to a CEII designation or a request for
access to CEII. If it is determined that information is not CEII or
that a requester should be granted access to CEII, the applicant will
be directed to make the information available to the requester.
0
14. Section 157.14 is amended by revising paragraph (a) to read as
follows:
Sec. 157.14 Exhibits.
(a) To be attached to each application. All exhibits specified must
accompany each application when tendered for filing. Together with each
exhibit applicant must provide a full and complete explanation of the
data submitted, the manner in which it was obtained, and the reasons
for the conclusions derived from the exhibits. If the Commission
determines that a formal hearing upon the application is required or
that testimony and hearing exhibits should be filed, the Secretary will
promptly notify the applicant that submittal of all exhibits and
testimony of all witnesses to be sponsored by the applicant in support
of his case-in-chief is required. Submittal of these exhibits and
testimony must be within 20 days from the date of the Secretary's
notice, or any other time as the Secretary will specify. Exhibits,
except exhibits F, F-1, G, G-I, G-II, and H(iv), must be submitted to
the Commission on electronic media as prescribed in Sec. 385.2011 of
this chapter. Interveners and persons becoming interveners after the
date of the Secretary's notice must be advised by the applicant of the
afore-specified exhibits and testimony, and must be furnished with
copies upon request. If this section requires an applicant to reveal
Critical Energy Infrastructure Information (CEII), as defined by Sec.
388.113(c) of this chapter, to an intervener, the applicant shall
follow the procedures set out in Sec. 157.10(d).
* * * * *
0
15. Section 157.16 is amended by revising the introductory text to read
as follows:
Sec. 157.16 Exhibits relating to acquisitions.
In addition to the exhibits required by Sec. 157.14, every
application involving acquisition of facilities must be accompanied by
the exhibits listed below. Together with each exhibit applicant must
provide a full and complete explanation of the data submitted, the
manner in which it was obtained, and the reasons for the conclusions
derived from the exhibits, unless the applicant includes a statement
identifying the schedule and rate containing the required information
and data filed as prescribed in Sec. 385.2011 of this chapter. If the
Commission determines that a formal hearing upon the application is
required or that testimony and hearing exhibits should be filed, the
Secretary will promptly notify the applicant that submittal of all the
exhibits and testimony of all witnesses to be sponsored by the
applicant in support of his case-in-chief is required. Submittal of
these exhibits and testimony must be within 20 days from the date of
the Secretary's notice, or any other time specified by the Secretary in
the notice. Sections 157.6(a) and 385.2011 of this chapter will govern
the submissions required to be furnished to the Commission. Interveners
and persons becoming interveners after the date of the Secretary's
notice must be advised by the applicant of the afore-specified exhibits
and testimony, and must be furnished with copies upon request. If this
section requires an applicant to reveal Critical Energy Infrastructure
Information (CEII), as defined by Sec. 388.113(c) of this chapter, to
an intervener, the applicant shall follow the procedures set out in
Sec. 157.10(d).
* * * * *
0
16. Section 157.22 is amended by adding paragraph (e)(9) as follows:
Sec. 157.22 Collaborative procedures for applications for
certificates of public convenience and necessity and for orders
permitting and approving abandonment.
* * * * *
(e) * * *
(9) If paragraph (e)(3) or (e)(4) requires an applicant to reveal
Critical Energy Infrastructure Information (CEII), as defined by Sec.
388.113(c) of this chapter, to the public, the applicant shall follow
the procedures set out in Sec. 157.10(d) of this subpart.
* * * * *
15. Section 157.203 is amended by adding paragraph (d)(4) as
follows:
Sec. 157.203 Blanket certification.
* * * * *
(d) Landowner notification. * * *
(4) If paragraph (d)(1) or (d)(2) of this section require an
applicant to reveal Critical Energy Infrastructure Information (CEII),
as defined by Sec. 388.113(c) of this chapter, to landowners, the
applicant shall follow the procedures set out in Sec. 157.10(d).
[FR Doc. 03-9267 Filed 4-15-03; 8:45 am]
BILLING CODE 6717-01-P