Monday, March 16, 2020

DOE Publishes CEII Admin Final Rule

Today the Department of Energy (DOE) published a final rule in the Federal Register (85 FR 14756-14772) concerning “Critical Electric Infrastructure Information; New Administrative Procedures”. The rule establishes procedures for the designation of critical electric infrastructure  information (CEII) under section 215A(d) of the Federal Power Act (16 USC 824o-1). The notice of proposed rulemaking (NPRM) for this action was published in October 2018. OMB approved this final rule on January 28th, 2020.

Changes from NPRM

Changes that were made in the final rule include:

Added definition of ‘confidential business information’;
Added definition of ‘CEII Coordinator’;
Specified that the CEII Coordinator or Coordinator's designee can designate certain information sought by DOE as CEII;
Expanded the coordination of implementation of DOE's CEII authority to include all CEII Coordinators;
Added dual marking requirement for material that is both confidential business information and CEII;
Clarified that a conference call will be scheduled within five days of when the CEII submitter is notified of the request;
Added DHS and NRC to the list of federal agencies that the CEII Coordinator will meet with annually to discuss CEII issues;
Added requirement that the designation decision be communicated “promptly” to the requestor;
Removed all references to “pre-designation” in the Final Rule;
Clarified that there are two methods for initiation of the re-designation process;
Clarified that  reconsideration requests can be made through a secure electronic submission or by mail;
Clarified that inadvertent disclosure does not affect the disclosed material's CEII status

Effective Date

The effective date on this rule is May 15th, 2020.

No comments:

/* Use this with templates/template-twocol.html */