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File CEII or Privileged Material
Normally, Resource Reports 1, 11 and 13 contain public information, CEII, and privileged information. It is imperative that the information submitted be filed with the proper designation. Pursuant to 388.112(b) of the Commission’s regulations, each designation must be clearly labeled and filed as a separate volume. Further, submitters must file as CEII or privileged only information that truly warrants exemption from ready public access.
- Public - The filing of Resource Reports 1, 11 and 13 should include a public volume for posting on eLibrary. In general, narratives such as descriptions of facilities and processes are public. However, if there are specific engineering details or design details of a critical infrastructure in narrative form, the information may be CEII or privileged. Except as described in the CEII section below, all of Resource Report 1 should be public. Examples of public aspects of Resource Report 11 include information demonstrating compliance with the siting requirements of Title 49 CFR, Part 193. Examples of public aspects of Resource Report 13 include design, engineering, and operating philosophies, as well as general descriptions of hazard detection and control.
- CEII - CEII is limited and includes specific engineering and detailed design information about liquefied natural gas facilities, components, tanks, and systems. Examples of CEII include: for pipelines, diagrams of valve and piping details at compressor stations, meter stations, and pipeline interconnections; and for LNG facilities, detailed piping and instrumentation diagrams, equipment and tank detail drawings, detailed hazard detection and control location specifics, and some sections of Emergency Response Plans.
- Privileged - In general, manufacturers’ proprietary or business confidential design information, and cultural resource reports are examples of privileged documents. Privileged documents are generally exempt from release pursuant to an act of Congress. For example, cultural resources may be exempt from release pursuant to the National Historic Preservation Act and should be filed as privileged. Also, material that a submitter can justify as exempt from public release pursuant to Freedom of Information Act (FOIA) Exemption 4 should be filed under this criterion. To qualify for Exemption 4 protection, the information must be (1) commercial or financial, (2) obtained from a person, and (3) privileged or confidential. Generally, to be “confidential” for purposes of Exemption 4, disclosure of the information must either impair the government’s ability to obtain similar information in the future, or cause substantial harm to the competitive position of the submitter of the information. See National Parks & Conservation Ass'n v. Morton, 498 F.2d 765, 770 (D.C. Cir. 1974).
