Notice of Gulfstream Natural Gas System, LLC's 5/2/05 filing of First Revised Sheet 4 to FERC Gas Tariff, Original Volume 1, to become effective on 6/1/05 under RP05-320.

# UNITED STATES OF AMERICA 111 FERC * 62,148 FEDERAL ENERGY REGULATORY COMMISSION Mr. Patrick Willging Docket No. CE05-120- 000 ORDER GRANTING ACCESS TO CRITICAL ENERGY INFRASTRUCTURE INFORMATION (Issued May 6, 2005) 1. On January 24, 2005, Mr. Patrick Willging of the Office of Energy Assurance in U.S. Department of Energy submitted a request under the Commissions Critical Energy Infrastructure Information (CEII) regulations at 18 C.F.R. * 388.113(d)(3) (2004), for copies of system flow diagrams (FERC Form No. 567s) for the Iroquois Gas Transmission System (Iroquois). By letter dated February 10, 2005, Lawrence D. Crocker, Associate General Counsel for General & Administrative Law, notified the submitter of the request and provided Iroquois with seven (7) calendar days in which to comment on the request. 2. On February 15, 2005, Iroquois stated that it did not object to the request provided that an appropriate non-disclosure agreement is executed by and between the Department of Energy and the Commission. 3. 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." The FERC Form No. 567s include system flow diagrams. These documents qualify as CEII because they contain information that could be useful to someone planning an attack on the energy infrastructure; is exempt from mandatory disclosure under FOIA exemption 7(F), and does not merely reveal the location of the facility. 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). These flow diagrams could aid terrorists in planning attacks on the infrastructure, thus endangering the life or safety of citizens living in the vicinity of these facilities. 4. Although the information requested is CEII, it may be released to requesters with a legitimate need for the information. As CEII Coordinator, I must balance the requesters need for the information against the sensitivity of the information. While the Commissions regulation at 18 C.F.R. * 388.113(d)(3)(i) requires that requesters assert a need 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, ...