Public Access to
U.S. Critical Energy Data Closed
Environment News
Service (ENS) 21feb03
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.
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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)
Pat Wood, III
Patrick Henry
Wood III is Chairman of the Federal Energy Regulatory Commission. He was
nominated to the Commission by President George W. Bush and confirmed by
the Senate in 2001. His term expires June 30, 2005.
Before joining
the Commission, Mr. Wood, a Republican, was Chairman of the Public Utility
Commission of Texas. He has worked as an engineer with Arco Indonesia and
as an attorney with the Baker & Botts law firm in Washington, DC. He
also served as legal counsel to the Chairman of the Texas Railroad
Commission. In the early 1990s, he was legal advisor to FERC Commissioner
Jerry J. Langdon. Throughout his career, he has worked to advance a
pro-customer, market-oriented vision of utility regulation.
Born: July 4,
1962, Port Arthur, Texas.
Education: Texas
A&M University, BS in Civil Engineering, 1985; Harvard Law School,
J.D., 1989.
source: FERC |
"I'm just sorry that we need a rule like this," said FERC chair Pat
Wood, announcing the new regulations at a monthly meeting of FERC commissioners
Thursday.
"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.
Among the types of information to which FERC will restrict access are
pipeline inspection reports, pipeline maps, detailed blueprints for energy
facilities, and emergency action plans describing how power plants would respond
to a crisis such as a terrorist attack.
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.
source: http://ens-news.com/ens/feb2003/2003-02-21-06.asp
22feb03
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