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CRITICAL ENERGY / ELECTRIC INFRASTRUCTURE INFORMATION

MEDIA NON-DISCLOSURE AGREEMENT

1. These provisions govern the use of Critical Energy / Electric Infrastructure Information 

(CEII) provided to a Media Requester who files a request for access to CEII pursuant 

to 18 C.F.R. § 388.113.

2. Definitions – For purposes of these provisions:

a. The term "CEII Coordinator" refers to the Federal Energy Regulatory Commission 

(Commission) official designated as the CEII Coordinator, with delegated authority 

under 18 C.F.R. 375.313 to make determinations with respect to requests for CEII

and make determination as to whether particular information fits within the 

definition of CEII.

b. The terms "non-disclosure agreement" and "NDA" mean this agreement by which 

requesters certify their understanding that access to CEII is provided pursuant to 

the terms and restrictions of these provisions, and that such requesters have read 

the provisions and agree to be bound by them.

c. The term "Recipient" means someone who receives CEII in accordance with the 

provisions of 18 C.F.R. § 388.113.

d. The term "Media Recipient" means a Recipient who is a representative of the news 

media as defined in 18 C.F.R. § 388.109(b)(1)(iv).

e. The term "Requester" means someone who requests access to CEII in accordance 

with the provisions of 18 C.F.R. § 388.113(d).

f. The term "Media Requester" means a Requester who is a representative of the 

news media as defined in 18 C.F.R. § 388.109(b)(1)(iv).

3. A Media Requester shall not be permitted to inspect or gain access to CEII unless the 

Media Requester has first executed a Media non-disclosure agreement.

4. A Media Recipient may only discuss CEII with another authorized Recipient of the 

identical CEII. A Media Recipient may check with the CEII Coordinator to determine 

whether another individual is an authorized Recipient of the identical CEII.
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5. Before publishing any story using CEII obtained under these provisions, a Media 

Recipient is strongly encouraged to consult with the Federal Energy Regulatory 

Commission’s General and Administrative Law legal staff to insure against 

inadvertent disclosure of CEII.

6. All CEII shall be maintained by Media Recipient in a secure place in a manner that 

would prevent unauthorized access. Access to those materials shall be limited to 

Recipients of the identical material. Media Recipients may make copies of CEII, but 

such copies become CEII and subject to these same procedures. Media Recipients 

may make notes of CEII, which shall be treated as CEII notes if they contain CEII.

7. CEII provided pursuant to the agreement is not subject to release under either the 

Freedom of Information Act or other Sunshine Laws.

8. Recipients must return CEII to the CEII Coordinator or destroy CEII within fifteen 

days of a written request by the CEII Coordinator to do so, except that CEII notes 

may be retained in accordance with Paragraph 6, above. Within such time period, 

each Recipient, if requested to do so, shall also submit to the CEII Coordinator an 

affidavit stating that, to the best of his or her knowledge, all CEII has been returned or 

destroyed and that CEII notes have either been returned, destroyed or are being 

maintained by Recipient in accordance with Paragraph 6.

9. The Media Recipient is obligated to protect the CEII, even after the designation period 

has lapsed, until the CEII Coordinator determines the information should no longer be 

designated as CEII under 18 C.F.R. § 388.113(e)(2), or a court of competent 

jurisdiction finds that the information does not qualify as CEII.

10.The Commission may audit the Recipient’s compliance with this non-disclosure 

agreement.

11.The Recipient is required to promptly report all unauthorized disclosures of CEII to the 

Commission.

12.Violation of this non-disclosure agreement may result in criminal or civil sanctions 

against the Recipient.
11. I hereby certify my understanding that access to CEII is provided to me pursuant to 

the terms and restrictions of the above provisions, that I have been given a copy of 

and have read the provisions, and that I agree to be bound by them. I understand that 

the contents of the CEII, any notes or other memoranda, or any other form of 

information that copies or discloses CEII shall not be disclosed to anyone other than 

another person who has been granted access to these same materials by the 

Commission. 

By: ________________

Signature

Name:

Title:

Representing:

Date: