[Federal Register Volume 68, Number 73 (Wednesday, April 16, 2003)]
[Rules and Regulations]
[Pages 18538-18544]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-9267]


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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