- These provisions govern the use of Critical Energy Infrastructure Information (CEII) provided to a State agency Requester who files a request for access to CEII pursuant to 18 C.F.R. § 388.113.
- Definitions - For purposes of these provisions:
- The term "CEII Coordinator" refers to the Federal Energy Regulatory Commission official designated as Critical Energy Infrastructure Information Coordinator, with delegated authority under 18 C.F.R. 375.313 to make determinations with respect to requests for CEII.
- The terms "Non-Disclosure Agreement" and "NDA" mean this agreement by which requesters certify their understanding that access to CEII is provided pursuant to the terms and restrictions of these provisions, and that such requesters have read the provisions and agree to be bound by them.
- The term "Recipient" means someone who receives CEII in accordance with the provisions of 18 C.F.R. § 388.113.
- The term "State agency Requester" means someone who requests access to CEII as an employee of a State agency in accordance with the provisions of 18 C.F.R. § 388.113(d).
- A State agency Requester shall not be permitted to inspect or gain access to CEII unless the State agency Requester has first executed a State agency Non-Disclosure Agreement.
- Any information provided under this agreement is on loan to the State agency, and must be returned to the Federal Energy Regulatory Commission upon request. This information is not the property of the State and is not subject to State Freedom of Information/Public Records acts or similar statutes.
- The State agency Requester agrees to notify the Federal Energy Regulatory Commission's Associate General Counsel for General and Administrative Law immediately upon State agency receipt of a request for the information provided under this agreement.
- This information will be returned to the Federal Energy Regulatory Commission prior to the State agency Requester leaving the employment of the State agency.
- A Recipient may only discuss CEII with another Recipient of the identical CEII. A Recipient may check with the CEII Coordinator to determine whether another individual is a Recipient of the identical CEII.
- If a Recipient submits information to the Commission that includes CEII obtained under these provisions, portions of the filing containing CEII must be submitted in accordance with 18 C.F.R. § 388.112(b).
- All CEII shall be maintained by Recipient in a secure place. Access to those materials shall be limited to other Recipients of the identical material. Recipients may make copies of CEII, but such copies become CEII and subject to these same procedures and restrictions. Recipients may make notes of CEII, which shall be treated as CEII if they contain CEII.
- Recipients must return CEII to the CEII Coordinator or destroy CEII within fifteen days of a written request by the CEII Coordinator to do so. Within such time period, each Recipient, if requested to do so, shall also submit to the CEII Coordinator an affidavit stating that, to the best of its knowledge, all CEII has been returned or destroyed and that CEII notes have either been returned, or destroyed.
- The Recipient remains bound by these provisions unless the CEII Coordinator or the Commission rescinds the provisions or a court of competent jurisdiction finds that the information does not qualify as CEII.
- The Commission may audit the Recipient's compliance with this non-disclosure agreement.
- Violation of this non-disclosure agreement may result in criminal or civil sanctions against the Recipient.
- I hereby certify my understanding that access to Critical Energy Infrastructure Information (CEII) is provided to me pursuant to the terms and restrictions of the above State agency CEII provisions, that I have been given a copy of and have read the State agency CEII provisions, and that I agree to be bound by them. I understand that the contents of the CEII, any notes or other memoranda, or any other form of information that copies or discloses CEII is subject to the provisions and shall not be disclosed to anyone other than another person who has been granted access to these same materials by the Federal Energy Regulatory Commission. I acknowledge that a violation of this agreement may result in negative consequences, including criminal or civil sanctions, including suspension of my ability to appear before the Commission pursuant to 18 C.F.R. § 385.2102.