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In This Issue

  1. Critical Energy Infrastructure Information: Final rule
  2. Federal Advisory Committee Meeting: Electronic Transmission and Storage of Drug Testing Information
  3. O&M Manual Up-To-Date?
  4. Cost-Benefit Study of Excess Flow Valve Installation on Gas Service Lines – Notice of study availability and request for public comments
  5. Oil and Gas Construction Activity Storm Water NPDES Permit Deadline Extension
  6. Air Permit Needs?
  7. Revised Texas Community Liaison Rule
  8. Texas Pipeline Construction – Proposed Notification Rule
  9. RCP’s Fantastic 1-Page Version of New SPCC Regulation
  10. Texas Proposed Rule – Discontinuation of Service
  11. Texas Proposed Rule – Direct Assessment Approval
  12. Pipeline Integrity Management in High Consequence Areas (Gas Transmission Pipelines) – notice of extension of comment period
  13. Integrity Management Plan Up-to-Date?
  14. Pipeline Safety Definitions – Louisiana Department of Natural Resources; Office of Conservation
  15. Louisiana DEQ – Postponement of Permit Deadline for Oil and Gas Construction Activities
  16. Interested in Web-Based Compliance Management Systems?
  17. Final rule – Security Requirements for Offerors and Transporters of Hazardous Materials
  18. Offshore Crane Operations and Safety Conference 2003
  19. Acquiring a pipeline?

Critical Energy Infrastructure Information: Final rule

The Federal Energy Regulatory Commission (Commission) has issued a final rule establishing a procedure for gaining access to critical energy infrastructure information (CEII) that would otherwise not be available under the Freedom of Information Act (FOIA). These restrictions and the final rule were necessitated by the terrorist acts committed on September 11, 2001, and the ongoing terrorism threat. The final rule adopts a definition of critical infrastructure that explicitly covers proposed facilities, and does not distinguish among projects or portions of projects. The rule also 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. Finally, the rule modifies the proposed CEII process and delegates responsibility to the CEII Coordinator to process requests for CEII and to determine what information qualifies as CEII.

The final rule will affect the way in which companies submit some information, and will add a new process in addition to the FOIA for requesters to use to request information that is not already publicly available. These new steps will help keep sensitive infrastructure information out of the public domain, decreasing the likelihood that such information could be used to plan or execute terrorist attacks.

The rule will become effective April 2, 2003. For further information, contact Carol C. Johnson, Wilbur T. Miller, Office of the General Counsel, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. (202) 502-6457. The full rule can be downloaded from RCP’s website here through the DOT Gateway.