Comments of Duke Energy Corp re Rule Regarding Critical Energy Infrastructure Information et al under RM02-4 et al.

Jnofflclal FERC-Generated PDF of 20021115-0247 Received by FERC OSEC 11/14/2002 in Docket#: PL02-1-000 P ORIGINALCOPY %,, UNITED STATES OF AMERICA BEFORE THE ..'zo ~Q FEDERAL ENERGY REGULATORY COMMISSION Rule Regarding Critical Energy Docket No. RM02-4-000 >3.:*, Infrastructure Information "z/dr Policy Statement on the Treatment Docket No. PL02-1-000 % Of Previously Public Documents C O M M E N T S OF DUKE E N E R G Y C O R P O R A T I O N Pursuant to the September 5, 2002 Critical Energy Infrastructure Information Notice of Proposed Rulemaking and Revised Statement of Policy (the "CEll NOPR") of the Federal Energy Regulatory Commission ("Commission" or 'TERC'), I Duke Energy Corporation ("Duke") submits the following comments. I. COMMUNICATIONS The names, titles, and mailing addresses of the persons to whom correspondence and communications concerning these comments should be addressed are: *William F. Hall, III *Richard J. ICruse Senior Vice President Senior Vice President Energy Policy and Strategy Industry Initiatives, Pricing and Regulatory Affairs Duke Energy Corporation Duke Energy Gas Transmission 526 South Church Street 5400 Westheimer CL Charlotte, NC 28202 Houston, TX 77056 (704) 382-3940 (713) 62%5368 i Critical Energy Infrastructure Information, "Notice of P r o ~ Rulemaking and Revised Statementof Policy," I00 FERC 61,256 (2002). Jnofflclal FERC-Generated P D F o f 20021115-0247 Received by FERC OSEC 11/14/2002 in D o c k e t # : PL02-1-000 *Henry S. May, Jr. Daniel W. Sanborn Vinson & Elkins L.L.P. 2300 First City Tower 1001 Fannin Street Houston, TX 77002-6760 (713) 758-2554 * Persons designated to receive service pursuant to Rule 2010 o f the Commission's Rules o f Practice and Procedure. If. BACKGROUND A. Description of the C E l l NOPR The Commission issued the CEIl NOPR to establish roles and policy to govern the treatment of critical energy infrastructure information ("CEIF') in the aftermath o f the September 11, 2001 terrorist attacks on the United States. In the CEIl NOPR, the FERC seeks to balance, on the one hand, the Commission's responsibilities under its enabling statutes and the federal environmental laws and, on the other hand, the need to protect the public safety from terrorist attacks on the nation's energy infrastructure. To strike this balance, the Commission decided to remove from immediate public ~ those documents that detail the specifications o f proposed energy facilities and to establish procedures that would give efficient access to those individuals who have a legitimate need to know that informatiorL The new procedures are intended ...