FERC Filings
COMMENTS OF THE ELECTRIC POWER SUPPLY ASSOCIATION re: CRITICAL ENERGY INFRASTRUCTURE INFORMATION AND POLICY STATEMENT ON THE TREATMENT OF PREVIOUSLY PUBLIC DOCUMENTS
COMMENTS
EPSA believes that the Commission has largely accomplished its objectives in the NOPR by proposing a process that will prevent those with hostile intent from obtaining CEII, while granting access to others with legitimate need for that information. As EPSA stated in its comments, “[T]he Commission must assess specific actions that may be necessary to ensure that it fulfills its regulatory responsibilities while helping prevent attacks on our nation’s energy infrastructure.” To the extent that the Commission’s proposed changes to its regulations accommodate reasonable, legitimate requests for CEII, this policy initiative will be a success.
The fundamental changes outlined in the NOPR reflect a thorough and methodical approach to remedying the multiple problems associated with exclusive reliance on FOIA for access to CEII. The proposed amendments to parts 375 and 388, Chapter I, Title 18 Code of Federal Regulations appear to provide a comprehensive solution to this challenge. Particularly, the creation of a “Critical Energy Infrastructure Information Coordinator” in new section 375.313 to subpart C appears to be a workable approach. The new CEII Coordinator is to “review all requests for CEII” and “make determinations whether a particular requestor’s need for and ability and willingness to protect critical energy infrastructure information warrants limited disclosure” subject to “reasonable conditions.”
While this approach appears workable, EPSA urges the Commission to ensure that requests for CEII are processed expeditiously. Also, the Commission should consider reviewing its decision to require requestors to submit separate requests for CEII relating to different proceedings. It may be possible to establish generic clearance procedures that minimize the time and effort required to obtain access without jeopardizing the safeguards. Finally, it may be appropriate to review and revise the definition of CEII going forward. Accordingly, EPSA supports the inclusion of the opportunity to do this contained in the NOPR.