Legal Resources CEII Regulations
The Commission has established procedures for gaining access to critical energy/electric infrastructure information (CEII) that would otherwise not be available under the Freedom of Information Act (FOIA):
- CEII is defined as infrastructure explicitly covers proposed facilities, and does not distinguish among projects or portions of projects.
- These procedures details which location information is excluded from the definition of CEII and which is included.
- The rule addresses some issues that are specific to state agencies, and clarifies that energy market consultants should be able to get access to the CEII they need.
- The rule modifies the proposed CEII process and delegatesí responsibility to the CEII Coordinator to process requests for CEII and to determine what information qualifies as CEII.
Order No. 833 , issued November 17, 2016
The FAST Act, signed into law by President Barack Obama in December 2015, adds section 215A to the Federal Power Act to improve security and resilience of energy infrastructure in the face of emergencies. The FAST Act required FERC to issue regulations aimed at securing and sharing CEII. Specifically, the Order includes the following amendments to the CEII regulations:
- Establishes criteria and procedures to designate information as CEII;
- Prohibits unauthorized disclosure of CEII;
- Establishes sanctions for FERC employees and certain other individuals who knowingly and willfully make unauthorized disclosures; and
- Facilitates voluntary sharing of CEII among federal, state, political subdivision and tribal authorities; the Electric Reliability Organization; regional entities; owners, operators and users of critical electric infrastructure; and other entities deemed appropriate by the Commission.
Order No. 702 , issued October 30, 2007- This Order:
- Modifies non-disclosure agreements and modifies the Commission's process to allow the CEII Coordinator to respond to CEII requests by letter.
- This rule provides landowners access to alignment sheets for the routes across or in the vicinity of their properties.
- This rule includes a provision for assessing fees for requests.
- This rule limits the portions of forms and reports the Commission defines as containing CEII.
- The rule eliminates as a category of documents the Non-Internet Public designation.
- The rule provides that the Commission will seek a requester's date and place of birth on a case-by-case basis rather than require that information with every request for CEII and the request for social security numbers is being eliminated.
Order No. 683 , issued September 21, 2006 - This Order:
- Clarifies CEII as specific engineering, vulnerability, or detailed design information about proposed or existing critical infrastructure;
- Details which location information is excluded from the definition of CEII and which is included; and
- Modifies the CEII process by requiring requesters to submit an executed non-disclosure agreement with their requests.
Order No. 662 , issued June 21, 2005 - This Order:
- Removes federal agency requesters from the sope of the rule;
- Modifies the application of non-Internet public (NIP) treatment; and
- Clarifies obligations of requesters.
Order No. 649 , issued August 3, 2004 - This Order:
- Primarily eases the burden on owners/operators of energy facilities that are seeking CEII relating to the their own facility, and
- Simplifies federal agencies' access to CEII.
These changes will facilitate legitimate access to CEII without increasing vulnerability of the
Order No. 643 , issued July 23, 2003
This Order requires companies to make information directly available to the public under certain circumstances.
Order No. 630-A , issued July 23, 2003
The Commission amended Order No. 630:
- To increase the numbers of copies filed;
- Clarified the filing process for submitting CEII; and
- The instructions for requesting rehearing of the CEII Coordinator's decision
Order No. 630 , issued February 21, 2003- This Order:
- Adopts the definition of critical infrastructure that explicitly covers proposed facilities;
- Does not distinguish among projects or portions of projects;
- Details which location information is excluded from the definition of CEII and which is included;
- Addresses some issues that are specific to state agencies;
- Clarifies that energy market consultants should be able to get access to the CEII they need; and
- Adopts a CEII process and delegates responsibility to the CEII Coordinator to process requests for CEII and to determine what information qualifies as CEII.
PL02-1-000 , issued October 11, 2001
The September 11, 2001 terrorist attacks on America prompted the Commission to reconsider its treatment of certain documents that have previously been made available to the public through various means. The Commission removed from the public viewing certain documents, such as oversized maps, that detail the specifications of energy facilities licensed or certificated under Part I of the Federal Power Act, and Section 7(c) of the Natural Gas Act.