The Federal Energy Regulatory Commission on Thursday issued a final rule restricting the general public’s easy access to sensitive information about critical energy infrastructure information (CEII) over the Internet. At the same time, however, it established an optional process for the public and other participants in FERC proceedings to request data that might otherwise be unavailable on FERC’s web site and under the Freedom of Information Act (FOIA).

Information about the “general location” of pipeline, transmission, distribution, generation and production facilities still will be available to the public under the final rule, but access to more detailed data — diagrams of valve and pipeline details, or flow diagrams — might not be as accessible if the party requesting the information cannot justify the need for the data to FERC, a staff member said [PL02-1].

This is at odds with the FOIA process, which bars the government from making inquiries into why information is being sought.

The rule sets up a process that would allow participants in FERC proceedings (such as landowners) to obtain certain categories of CEII that might not be available to them under the FOIA. It further creates the position of CEII coordinator, who would act on public requests for information about CEII. Parties seeking certain CEII data would file requests at the Commission, and would be required to sign non-disclosure agreements.

The Commission proposed the alternative process for requesting documents, given that much of the information that falls with the definition of CEII is exempt from mandatory disclosure under the FOIA.

The final rule mirrors the notice of proposed rulemaking (NOPR) addressing CEII, which was issued last summer. FERC has defined CEII as those facilities, which if destroyed by a terrorist or others, “would negatively affect security, economic security, public health or safety.”

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