[Federal Register Volume 71, Number 241 (Friday, December 15, 2006)]
[Notices]
[Pages 75520-75521]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-21369]


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DEPARTMENT OF ENERGY

Energy Information Administration


Energy Information Administration Policy for Publicly Releasing 
Planned Electric Generating Unit Information for Years 1998-2000; 
Policy Statement

AGENCY: Energy Information Administration (EIA), DOE.

ACTION: Policy Statement. Energy Information Administration Policy for 
Publicly Releasing Planned Electric Generating Unit Information for 
Years 1998-2000.

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SUMMARY: The EIA has modified its policy and will publicly release EIA 
survey information collected regarding planned electric generating 
units for the years 1998, 1999, and 2000.

DATES: This policy becomes effective on January 12, 2007.

ADDRESSES: Requests for information or questions about this policy 
should be directed to Mr. Kevin Lillis of EIA's Electric Power 
Division. Mr. Lillis may be contacted by phone (202-287-1757), FAX 
(202-287-1934), or e-mail ([email protected]). His mailing 
address is Electric Power Division, EI-53, Forrestal Building, U.S. 
Department of Energy, 1000 Independence Ave., SW., Washington, DC 
20585.

FOR FURTHER INFORMATION CONTACT: Requests for additional information 
about this policy should be directed to Mr. Lillis at the address 
listed above. Information on EIA's Electric Power Program is available 
on EIA's Internet site at http://www.eia.doe.gov/fuelelectric.html.

SUPPLEMENTARY INFORMATION:

I. Background
II. Discussion of Comments
III. Current Actions

I. Background

    The Federal Energy Administration Act of 1974 (Pub. L. 93-275, 15 
U.S.C. 761 et seq.) and the DOE Organization Act (Pub. L. 95-91, 42 
U.S.C. 7101 et seq.) require the EIA to carry out a centralized, 
comprehensive, and unified energy information program. This program 
collects, evaluates, assembles, analyzes, and disseminates information 
on energy resource reserves, production, demand, technology, and 
related economic and statistical information. This information is used 
to assess the adequacy of energy resources to meet near and longer term 
domestic demands.
    The purpose of EIA's Electric Power Program is to collect and 
disseminate basic and detailed data to meet EIA's mandates and energy 
data users' needs for credible, reliable, and timely information on 
U.S. electric capacity, generation, sales, trade, transmission, and 
pricing. Prior to 1998, information collected by EIA on planned 
electric power generating units was considered as nonconfidential and 
was publicly available. With increasing competition and restructuring 
of the electric power industry, EIA collected information on planned 
electric generating units for the years 1998, 1999, and 2000 and stated 
that it would treat that information as confidential. After 
reconsidering the need to treat planned electric generating unit 
information as confidential, consulting with EIA survey respondents and 
customers, and obtaining Office of Management and Budget approval, EIA 
changed its policy. Planned electric generating unit information for 
calendar years 2001 and later has been collected as nonconfidential and 
is publicly available.
    EIA received a request under the Freedom of Information Act (5 
U.S.C. 552) for the planned generating unit information for calendar 
years 1998-2000. Given that such information prior to 1998 and after 
2000 is publicly available, EIA undertook a process to determine 
whether the planned unit data for 1998-2000 should continue to be 
withheld or should be publicly released. EIA sent a letter to 963 
respondents who reported having planned generating units in the 1998-
2000 time period on Form EIA-860A, ``Annual Electric Generating 
Report--Utility,'' and/or Form EIA-860B, ``Annual Electric Generating 
Report--Non-Utility,'' on this issue. The letters were mailed on August 
24 and August 28, 2006.
    The letter asked respondents whether they objected to the public 
release of the information on planned electric generating units for the 
years 1998-2000. Respondents were asked to reply by September 29, 2006. 
Any respondent objecting to the release was requested to provide ``EIA 
with specific details on why your information for 1998-2000 on planned 
generating units/facilities is sensitive and proprietary and how public 
release of the information would cause substantial competitive harm to 
your company.''
    As of October 18, 2006, EIA received 52 responses to its letter. Of 
the 52 responses, 47 stated that they had no objection to the release 
of the information from 1998-2000 on planned electric generating units. 
Five respondents objected to the release of the planned electric 
generating unit information. Thus, less than one percent of the 
companies that reported planned

[[Page 75521]]

electric generating unit information for 1998-2000 objected to the 
public release of that information.

II. Discussion of Comments

    Five companies objected to the release of the 1998-2000 information 
on planned electric generating units but none specifically addressed 
how public release of the information would cause substantial 
competitive harm to the company.

III. Current Actions

    The information at issue is planned electric generating unit data 
for 1998, 1999 and 2000. As of October 2006, that information is over 
six years old. Planned electric generating unit information collected 
after 2000 is currently treated as non-confidential and is publicly 
available. Each survey respondent was provided with an opportunity to 
provide specific details on why its information for 1998-2000 on 
planned electric generating units was sensitive and proprietary and how 
public release of the information would cause substantial competitive 
harm to the company. Based on the fact that most of the responding 
companies support this change and the fact that the small number of 
companies who objected provided no details to show that releasing this 
historical information would cause substantial competitive harm, EIA's 
policy regarding the planned electric generating unit information for 
the period 1998-2000 will be considered as non-confidential and the 
planned electric generating unit information for the 1998-2000 time 
period will be made publicly available.
    Statutory Authority: Section 52 of the Federal Energy 
Administration Act (Pub. L. 93-275, 15 U.S.C. 790a).

    Issued in Washington, DC, December 11, 2006.
Jay H. Casselberry,
Agency Clearance Officer, Energy Information Administration.
 [FR Doc. E6-21369 Filed 12-14-06; 8:45 am]
BILLING CODE 6450-01-P