Commission Information Collection Activities (FERC-603); Comment Request; Extension

Issuing agencies

Abstract

In compliance with the requirements of the Paperwork Reduction Act of 1995, the Federal Energy Regulatory Commission (Commission or FERC) is submitting its currently approved information collection, FERC-603: Critical Energy/Electric Infrastructure Information Data Request (OMB Control No 1902-0197), to the Office of Management and Budget (OMB) for review of the information collection requirements. There are no proposed changes to the reporting requirements.

Full Text

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<title>Federal Register, Volume 91 Issue 192 (Tuesday, October 6, 2026)</title>
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[Federal Register Volume 91, Number 192 (Tuesday, October 6, 2026)]
[Notices]
[Pages 63544-63545]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-20416]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. IC26-33-000]


Commission Information Collection Activities (FERC-603); Comment 
Request; Extension

AGENCY: Federal Energy Regulatory Commission.

ACTION: Notice of information collection renewal and request for 
comments.

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SUMMARY: In compliance with the requirements of the Paperwork Reduction 
Act of 1995, the Federal Energy Regulatory Commission (Commission or 
FERC) is submitting its currently approved information collection, 
FERC-603: Critical Energy/Electric Infrastructure Information Data 
Request (OMB Control No 1902-0197), to the Office of Management and 
Budget (OMB) for review of the information collection requirements. 
There are no proposed changes to the reporting requirements.

DATES: Comments on the collection of information are due November 5, 
2026.

ADDRESSES: Send written comments on FERC-603 to OMB through <a href="https://www.reginfo.gov/public/do/PRA/icrPublicCommentRequest?ref_nbr=202608-1902-004">https://www.reginfo.gov/public/do/PRA/icrPublicCommentRequest?ref_nbr=202608-1902-004</a>. You can also visit <a href="https://www.reginfo.gov/public/do/PRAMain">https://www.reginfo.gov/public/do/PRAMain</a> 
and use the drop-down under ``Currently under Review'' to select the 
``Federal Energy Regulatory Commission'' where you can see the open 
opportunities to provide comments. Comments should be sent within 30 
days of publication of this notice.
    Please submit a copy of your comments to the Commission via email 
to <a href="/cdn-cgi/l/email-protection#d296b3a6b391beb7b3a0b3bcb1b79294978091fcb5bda4"><span class="__cf_email__" data-cfemail="5b1f3a2f3a18373e3a293a35383e1b1d1e0918753c342d">[email&#160;protected]</span></a>. You must specify the Docket No. (IC26-33-
000) and the FERC Information Collection number (FERC-603) in your 
email. If you are unable to file electronically, comments may be filed 
by USPS mail or by hand (including courier) delivery:
    <bullet> Mail via U.S. Postal Service Only: Federal Energy 
Regulatory Commission, Secretary of the Commission, 888 First Street 
NE, Washington, DC 20426.
    <bullet> All other delivery methods: Federal Energy Regulatory 
Commission, Secretary of the Commission, 12225 Wilkins Avenue, 
Rockville, MD 20852.
    Docket: To view comments and issuances in this docket, please visit 
<a href="https://elibrary.ferc.gov/eLibrary/search">https://elibrary.ferc.gov/eLibrary/search</a>.

FOR FURTHER INFORMATION CONTACT: Kayla Williams, (202) 502-6468. 
<a href="/cdn-cgi/l/email-protection#7e3a1f0a1f3d121b1f0c1f101d1b3e383b2c3d50191108"><span class="__cf_email__" data-cfemail="591d382d381a353c382b38373a3c191f1c0b1a773e362f">[email&#160;protected]</span></a>

SUPPLEMENTARY INFORMATION: 
    Title: FERC-603, Critical Energy/Electric Infrastructure 
Information Data Request.
    OMB Control No.: 1902-0197.
    Type of Request: Three-year extension of the FERC-603 information 
collection requirements with no changes to the current reporting and 
recordkeeping requirements.\1\
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    \1\ The CEII request form and three versions of the non-
disclosure agreement (General Non-Disclosure Agreement, Federal 
Agency Acknowledgement and Agreement, and State Agency Employee Non-
Disclosure Agreement) are posted at <a href="https://www.ferc.gov/legal/ceii-foia/ceii.asp">https://www.ferc.gov/legal/ceii-foia/ceii.asp</a>.
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    Abstract: In accordance with section 215A(d) of the Federal Power 
Act \2\ and 18 CFR 388.113, this collection of information provides 
that persons may seek Critical Energy/Electric Infrastructure 
Information (CEII). To receive CEII, they must show they have a 
legitimate need for such information, and they must submit a non-
disclosure agreement that decreases the likelihood that such 
information could be used to plan or execute terrorist attacks.
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    \2\ 16 U.S.C. 824o-1(d).
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    This collection of information provides an alternative to seeking 
CEII in accordance with the Freedom of Information Act (FOIA).\3\ That 
statute requires federal agencies to disclose the requested information 
unless one or more of several FOIA exemptions justifies withholding of 
the requested information. In the case of CEII, two FOIA exemptions are 
likely to apply,\4\ and applying one of them frequently results in a 
decision to withhold the information from the FOIA requester. The 
Commission realizes that this process could prevent persons with a 
legitimate need for CEII from obtaining such information. For example, 
market participants seeking to develop new or expanded energy resources 
may have such a need.
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    \3\ 5 U.S.C. 552 (2018).
    \4\ The relevant FOIA exemptions are Exemption 3, which allows 
the withholding of information prohibited from disclosure by another 
statute and Exemption 7, which protects from disclosure certain law 
enforcement information, including information the disclosure of 
which might jeopardize a person's life or safety.
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    In the aftermath of the September 11, 2001 terrorist attacks, the 
Commission determined that it was important to improve the appropriate 
treatment of CEII, both to assist requesters with a legitimate need for 
CEII, and to restrict access to the sensitive information due to the 
ongoing terrorism threat. The Commission promulgated 18 CFR 388.113 to 
achieve those goals.
    Under 18 CFR 388.13(g)(5), a request for CEII must contain:
    <bullet> The requester's name, title, address, and telephone 
number;
    <bullet> The name, address, and telephone number of the person or 
entity on whose behalf the information is requested;
    <bullet> A detailed Statement of Need; and
    <bullet> An executed non-disclosure agreement.
    Under 18 CFR 388.133(h)(2), the non-disclosure agreement indicates 
the individual's willingness to adhere to limitations on the use and 
disclosure of the information requested, and stipulates at minimum that 
the CEII:
    <bullet> Will only be used for the purpose for which it was 
requested;
    <bullet> May only be discussed with authorized recipients;
    <bullet> Information utilized for modelling will not be disclosed;
    <bullet> Must be kept in a secure place in a manner that would 
prevent unauthorized access;
    <bullet> Must be destroyed or returned to the Commission upon 
request;
    <bullet> Is strictly prohibited from disclosure to anyone outside 
the United States; and
    <bullet> Is not subject to release under either FOIA or Sunshine 
Laws.
    In addition, the non-disclosure agreement provides that the 
Commission may audit the recipient's compliance with the non-disclosure 
agreement; that a recipient is obligated to protect the CEII even after 
a designation has lapsed \5\ until the CEII Coordinator \6\ determines 
the information should no longer be designated as CEII; and the 
recipient is required to promptly report all unauthorized disclosures 
of CEII to the Commission.
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    \5\ The Commission's regulation at 18 CFR 388.113 provides 
criteria and procedures to designate information as CEII. A 
designation may last for up to five years, unless it is re-
designated. A designation may be removed at any time, in whole in 
part, if the Commission determines that the unauthorized disclosure 
of CEII can no longer be used to impair the security or reliability 
of the bulk-power system or distribution facilities or any other 
form of energy infrastructure.
    \6\ The regulation at 18 CFR 375.313 delegates authority to a 
CEII Coordinator to receive and review all requests for CEII, make 
determinations regarding such requests, establish reasonable 
conditions on the release of CEIII, and release CEII to requesters 
who agree in writing to abide by the conditions set forth by the 
Coordinator.
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    Type of Respondents: Persons seeking access to CEII.
    Estimate of Annual Burden: The Commission estimates the total 
annual

[[Page 63545]]

burden \7\ and cost \8\ for this information collection as follows.
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    \7\ ``Burden'' is the total time, effort, or financial resources 
expended by persons to generate, maintain, retain, or disclose or 
provide information to or for a federal agency. For further 
explanation of what is included in the information collection 
burden, refer to 5 CFR 1320.3.
    \8\ FERC estimates that industry hourly costs are similar to the 
Commission FY 2026 average salary plus benefits of $213,003 per year 
(or $102/hour).

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                                                                                    (5) Total
                                 (2) Annual       (3) Total                       annual burden    (6) Cost per
                                  number of       number of       (4) Average     hours & total   respondent ($)
  (1) Number of respondents     responses per     responses      burden & cost     annual cost      (column 5 /
                                 respondent      (column 1 x     per response      (column 3 x       column 1)
                                                  Column 2)                         column 4)
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100..........................               1             100  0.3 hrs.; $30.60  30 hrs.; $3,060          $30.60
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    Comments are invited on: (1) whether the collection of information 
is necessary for the proper performance of the functions of the 
Commission, including whether the information will have practical 
utility; (2) the accuracy of the agency's estimate of the burden and 
cost of the collection of information, including the validity of the 
methodology and assumptions used; (3) ways to enhance the quality, 
utility and clarity of the information collection; and (4) ways to 
minimize the burden of the collection of information on those who are 
to respond, including the use of automated collection techniques or 
other forms of information technology.

    Dated: September 30, 2026.
Carlos D. Clay,
Deputy Secretary.
[FR Doc. 2026-20416 Filed 10-5-26; 8:45 am]
BILLING CODE 6717-01-P


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