Public Access to U.S. Critical Energy Data Closed

WASHINGTON, DC, February 21, 2003 (ENS) - The Federal Energy Regulatory Commission has finalized a plan that would restrict public access to a variety of information regarding power plants, natural gas pipelines and other energy infrastructure.

The final rule is intended to protect the American public by safeguarding certain information about the nation's energy infrastructure, said the Federal Energy Regulatory Commission (FERC). Within a month of the terrorist attacks of September 11, 2001, the Commission began examining its policies regarding critical energy infrastructure information, as did other agencies including the U.S. Environmental Protection Agency and the Nuclear Regulatory Commission.

FERC has now become the first government agency to develop formal rules on how to handle its more sensitive information and records.

Patrick Henry Wood III is chairman of the Federal Energy Regulatory Commission. Before joining the Commission, Wood, a Republican, was chairman of the Public Utility Commission of Texas. (Photo courtesy FERC)

"I do think that it's very clear that information has become a weapon in our society, and one of the more vulnerable places for that is the very visible energy infrastructure," he said.

The final rule defines critical infrastructure 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." It includes proposed and existing systems.

To qualify as critical energy infrastructure information, information must relate to critical infrastructure, be potentially useful to terrorists, and be exempt from disclosure under the Freedom of Information Act (FOIA). Information that identifies the location of energy infrastructure is not considered to be critical energy infrastructure information.

The rule establishes a procedure for members of the public to request and obtain such information. For the first time, the rules give FERC the authority to question whether those people requesting access to sensitive information have a "legitimate need" for the records, which could make it more difficult for journalists and watchdog groups to gain access to the data.

A portion of the Trans-Alaska Oil Pipeline (Photo courtesy U.S. Army Corps of Engineers)

The Commission said it would release project location information needed by parties participating in the National Environmental Policy Act (NEPA) process, while protecting more detailed information that the agency said is "not typically needed" by those participating in the NEPA process.

A new position of Critical Energy Infrastructure Coordinator will be created to process requests for critical energy infrastructure information that does not fall under the Freedom of Information Act.

The final rule becomes effective 30 days after publication in the Federal Register.