Resources File CEII or Privileged Material
The Critical Energy/Electric Infrastructure Information (CEII) process is not intended as a mechanism for companies to withhold from public access information that does not pose a risk of attack on the energy infrastructure. Therefore, in an effort to achieve proper designation while avoiding misuse of the CEII designation, the Commission requires submitters to segregate public information from CEII and to file as CEII only information that truly warrants being kept from ready public access. To this end, the Commission emphasizes that 18 CFR § 388.113(d)(1)(i) requires that submitters provide justifications for CEII treatment. The way to properly justify CEII treatment is by describing the information for which CEII treatment is requested and explaining the legal justification for such treatment.
The Commission has continuing concern for CEII filing abuses and will take action against applicants or parties who knowingly misfile information as CEII, including rejection of applications in which information is mislabeled as CEII. The Commission offers the following guidance for how various types of documents should be filed. We note that this guidance is for prospective filings. All documents currently filed at the Commission will retain their current designations. Below are clarifying guidelines regarding CEII.
Further, we want to re-iterate that the labeling and treatment of non-public material discussed here pertains only to how the Commission handles such material. Materials provided voluntarily to or requested by persons outside the Commission's process are not necessarily subject to the same requirements or protections. Filers should contact those entities directly to inquire about the treatment of non-public material.
CEII Filing Guide for: