Federal Register / Vol. 88, No. 167 / Wednesday, August 30, 2023 / Notices 59895 

1 The CEII request form and five versions of the 

non-disclosure agreement (General Non-Disclosure 

Agreement, Media Non-Disclosure Agreement, 

Federal Agency Acknowledgement and Agreement, 

State Agency Employee Non-Disclosure Agreement, 

and Consultant Non-Disclosure Agreement) are 

posted at https://www.ferc.gov/legal/ceii-foia/ 

ceii.asp. 

2 16 U.S.C. 824o–1(d). 

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. 

within 15 days of the issuance of this 

order. 

7. In the event that any of the abovecaptioned market-based rate sellers have 

already filed its Electric Quarterly 

Reports in compliance with the 

Commission’s requirements, its 

inclusion herein is inadvertent. Such 

market-based rate seller is directed, 

within 15 days of the date of issuance 

of this order, to make a filing with the 

Commission identifying itself and 

providing details about its prior filings 

that establish that it complied with the 

Commission’s Electric Quarterly Report 

filing requirements. 

8. If any of the above-captioned 

market-based rate sellers do not wish to 

continue having market-based rate 

authority, that seller may file a notice of 

cancellation with the Commission 

pursuant to section 205 of the FPA to 

cancel its market-based rate tariff. 

The Commission orders: 

(A) Within 15 days of the date of 

issuance of this order, each public 

utility listed in the caption of this order 

shall file with the Commission all 

delinquent Electric Quarterly Reports. If 

a public utility subject to this order fails 

to make the filings required in this 

order, the Commission will revoke that 

public utility’s market-based rate 

authorization and will terminate its 

electric market-based rate tariff. The 

Secretary is hereby directed, upon 

expiration of the filing deadline in this 

order, to promptly issue a notice, 

effective on the date of issuance, listing 

the public utilities whose tariffs have 

been revoked for failure to comply with 

the requirements of this order and the 

Commission’s Electric Quarterly Report 

filing requirements. 

(B) The Secretary is hereby directed to 

publish this order in the Federal 

Register. 

By the Commission. 

Issued: August 24, 2023. 

Debbie-Anne A. Reese, 

Deputy Secretary. 

[FR Doc. 2023–18742 Filed 8–29–23; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

[Docket No. IC23–10–000] 

Commission Information Collection 

Activities (Ferc-603); Comment 

Request; Extension 

AGENCY: Federal Energy Regulatory 

Commission. 

ACTION: Notice of information collection 

and request for comments. 

SUMMARY: In compliance with the 

requirements of the Paperwork 

Reduction Act of 1995, the Federal 

Energy Regulatory Commission 

(Commission or FERC) is soliciting 

public comment on the currently 

approved information collection, FERC– 

603 (Critical Energy/Electric 

Infrastructure Information Data 

Request), which will be submitted to the 

Office of Management and Budget 

(OMB) for a review of the information 

collection requirements. 

DATES: Comments on the collection of 

information are due September 29, 

2023. 

ADDRESSES: Send written comments on 

FERC–603 to OMB through 

www.reginfo.gov/public/do/PRAMain, 

Attention: Federal Energy Regulatory 

Commission Desk Officer. Please 

identify the OMB control number 

(1902–0197) in the subject line. Your 

comments should be sent within 30 

days of publication of this notice in the 

Federal Register. 

Please submit copies of your 

comments (identified by Docket No. 

IC23–10–000) to the Commission as 

noted below. Electronic filing through 

https://www.ferc.gov is preferred. 

• Electronic Filing: Documents must 

be filed in acceptable native 

applications and print-to-PDF, but not 

in scanned or picture format. 

• For those unable to file 

electronically, comments may be filed 

by USPS mail or by hand (including 

courier) delivery. 

Æ Mail via U.S. Postal Service Only: 

Addressed to: Federal Energy 

Regulatory Commission, Secretary of the 

Commission, 888 First Street NE, 

Washington, DC 20426. 

Æ Hand (including courier) delivery: 

Deliver to: Federal Energy Regulatory 

Commission, 12225 Wilkins Avenue, 

Rockville, MD 20852. 

Instructions 

OMB submissions must be formatted 

and filed in accordance with submission 

guidelines at www.reginfo.gov/public/ 

do/PRAMain. Using the search function 

under the ‘‘Currently Under Review 

field,’’ select Federal Energy Regulatory 

Commission; click ‘‘submit’’ and select 

‘‘comment’’ to the right of the subject 

collection. 

FERC submissions must be formatted 

and filed in accordance with submission 

guidelines at: https://www.ferc.gov. For 

user assistance, contact FERC Online 

Support by email at ferconlinesupport@

ferc.gov, or by phone at: (866) 208–3676 

(toll-free). 

Docket: Users interested in receiving 

automatic notification of activity in this 

docket or in viewing/downloading 

comments and issuances in this docket 

may do so at https://www.ferc.gov. 

FOR FURTHER INFORMATION CONTACT: 

Ellen Brown may be reached by email 

at DataClearance@FERC.gov and 

telephone at (202) 502–8663. 

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

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. 

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 to 

CEII,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. 

In the aftermath of the September 11, 

2001 terrorist attacks, the Commission 


lotter on DSK11XQN23PROD with NOTICES1
59896 Federal Register / Vol. 88, No. 167 / Wednesday, August 30, 2023 / Notices 

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 bulkpower 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. 

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 The Commission staff thinks that the average 

respondent for this collection is similarly situated 

to the Commission, in terms of salary plus benefits. 

Based upon the FERC’s 2022 average cost for salary 

plus benefits, the average hourly cost is $91/hour. 

9 The Request Form (and sample non-disclosure 

agreements) and additional information about the 

CEII program are posted at: https://www.ferc.gov/ 

enforcement-legal/ceii/overview. 

1The Rio Bravo Pipeline Project was amended, as 

approved by the Commission on April 21, 2023, in 

docket no. CP20–481–000. 

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: 

• The requester’s name, title, address, 

and telephone number; 

• The name, address, and telephone 

number of the person or entity on whose 

behalf the information is requested; 

• A detailed Statement of Need; and 

• An executed non-disclosure 

agreement. 

Under 18 CFR 388.133(h)(2), the nondisclosure 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: 

• Will only be used for the purpose 

for which it was requested; 

• May only be discussed with 

authorized recipients; 

• Must be kept in a secure place in a 

manner that would prevent 

unauthorized access; 

• Must be destroyed or returned to 

the Commission upon request; and 

• 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. 

Type of Respondents: Persons seeking 

access to CEII. 

Estimate of Annual Burden: The 

Commission estimates the total annual 

burden 7 and cost 8 for this information 

collection as follows. 

Number of 

respondents 

Annual 

number of 

responses per 

respondent 

Total 

number of 

responses 

(column 1 × 

column 2) 

Average burden & cost 

per response 

Total annual burden hours & total 

annual cost 

(column 3 × column 4) 

Cost per 

respondent 

($) 

(column 5 

÷ column 1) 

(1) (2) (3) (4) (5) (6) 

50 ................... 1 50 0.3 hrs.; $27.30 ................................ 15 hrs.; $1,365 ................................. $27.30 

The Request Form 9 is attached to this 

notice but will not be published in the 

Federal Register. It will be posted in the 

Commission’s eLibrary system with this 

Notice. 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: August 24, 2023. 

Debbie-Anne A. Reese, 

Deputy Secretary. 

[FR Doc. 2023–18753 Filed 8–29–23; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

[Docket No. CP23–519–000] 

Rio Bravo Pipeline Company, LLC; 

Notice of Scoping Period Requesting 

Comments on Environmental Issues 

for the Proposed Rio Bravo Pipeline 

Route Amendment 

The staff of the Federal Energy 

Regulatory Commission (FERC or 

Commission) will prepare an 

environmental document that will 

discuss the environmental impacts of 

the Rio Bravo Pipeline Route 

Amendment (Route Amendment), 

which involves four minor route 

adjustments to the previously 

authorized pipeline alignment, as well 

as a pipe thickness design modification 

to use an alternative maximum 

allowable operating pressure (MAOP) 

calculation, as compared to the 

previously authorized Rio Bravo 

Pipeline Project, which was approved 

by the Commission on November 22, 

2019, in Docket No. CP16–455–000.1

Please note that the previously 

approved Rio Bravo Pipeline Project and 

Rio Bravo Pipeline Project Amendment 

are not under re-consideration in this 

Route Amendment. The Commission 

will use the environmental document 

referred to in this notice in its decisionmaking process to determine whether 

the four minor route adjustments and 

alternative MAOP proposed in the 

Route Amendment are in the public 

convenience and necessity. 

This notice announces the opening of 

the scoping process the Commission 

will use to gather input from the public 

and interested agencies regarding the 

Route Amendment. As part of the 

National Environmental Policy Act 

(NEPA) review process, the Commission 

takes into account concerns the public 

may have about proposals and the 

environmental impacts that could result 

from its action whenever it considers 

the issuance of a Certificate of Public 

Convenience and Necessity. This 

gathering of public input is referred to 


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