119 ferc ¶ 62,093
Federal Energy Regulatory Commission
Washington, D.C. 20426
Re: Docket Nos. CE07-20-000
CE07-21-000, and CE07-22-000
Dated: May 2, 2007
Mr. James Rumley
Ms. Lynn Rumley
Mr. Greg Turner
Cooleemee Historical Association
P.O. Box 667
Cooleemee, NC 27041
Dear Ms. Rumley and Messrs. Rumley and Turner:
This letter is in response to your requests, filed on October 26, 2006, under the
Federal Energy Regulatory Commission’s (Commission) Critical Energy Infrastructure
Information (CEII) regulations at 18 C.F.R. § 388.113(d)(3) (2006). Specifically, you
requested the document identified by Accession No. 200611006-0305, found in Docket
No. P-11264.
The document you have requested contains CEII. CEII is defined in 18 C.F.R.
§ 388.113(c)(1) 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 [FOIA],
5 U.S.C. § 552; and (iv) Does not simply give the location of the critical infrastructure.”
This document contains detailed information on repairs necessary to alleviate evidence of
a weak spot in the embankment near the project facility. As such, it could be useful to
someone planning an attack on the infrastructure, is exempt from disclosure under FOIA
Exemption 7(F), and does not simply give locational information. Therefore, the
document contains CEII. FOIA Exemption 7(F) protects law enforcement records where
release of the information “could reasonably be expected to endanger the life or physical
safety of any individual.” 5 U.S.C. § 552(b)(7)(F) (2006). Release of information
regarding the weakness in the embankment adjacent to the facility could be used to
compromise the project, placing lives at risk.
Although the information requested is CEII, it may be released to requesters with a
legitimate need for the information. The Commission must balance the requester’s need
for the information against the sensitivity of the information. While the Commission’s
Docket Nos. CE07-20-000,
CE07-21-000, et al.
-2-
regulation at 18 C.F.R. § 388.113(d)(3)(i) requires that requesters assert the particular
need for and intended use of the information, the primary purpose of the rule is to ensure
that information deemed CEII stays out of the possession of terrorists. Accordingly,
assessing a requester’s legitimacy and securing an executed non-disclosure agreement are
paramount factors in determining whether to grant a request for CEII.
In this case, it is my opinion that you are bona fide requesters. Your request
provides that you are members of the Cooleemee Historical Association and would use
the information to assist in preserving the historical nature of the project lands and the
surrounding park. Further, each of you has agreed to adhere to the terms of the enclosed
non-disclosure agreements. Thus, in adhering with the terms of the non-disclosure
agreement, you are prohibited from either disclosing or sharing any CEII with any person
not otherwise covered by an agency non-disclosure agreement covering this same
information.
For the foregoing reasons, I have determined that you are legitimate requesters
with a need for the specified information. The information is provided to you under the
terms of the non-disclosure agreements executed by each of you November 17, 2006.
Authority to act on this matter is delegated to the Critical Energy Infrastructure
Information Coordinator pursuant to 18 C.F.R. § 375.313. This order is subject to
rehearing pursuant to 18 C.F.R. § 385.713.
Sincerely,
Andrew J. Black
Director
Office of External Affairs
Enclosures (4)