CRITICAL ENERGY / ELECTRIC INFRASTRUCTURE INFORMATION

CONSULTANT NON-DISCLOSURE AGREEMENT

1. These provided to a Consultant who files a request for access to Critical Energy / Electric

Infrastructure Information (CEII) pursuant to 18 C.F.R. § 388.113.

2. Definitions - For purposes of these provisions:

o 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.

o 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.

o The term "Recipient" means someone who is approved to receive CEII in

accordance with the provisions of 18 C.F.R. § 388.113.

o The term "Consultant" means one who is hired to provide advice to another.

o The term "Client" means one who hires a Consultant for advice.

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

Consultant has been approved as a Recipient, and has executed a consultant nondisclosure agreement.

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

CEII. A Recipient may check with the CEII Coordinator to determine whether another

individual is an authorized Recipient of the identical CEII.

5. If any Recipient submits information to the Commission that includes CEII obtained

under these provisions, portions of the filing containing CEII must be submitted in

accordance with 18 C.F.R. § 388.112(b).

6. A Consultant who is a Recipient of CEII may use CEII as foundation for advice provided

to his or her Clients, but may not disclose CEII to a Client unless the Client is an

approved Recipient of the same CEII.

7. A Consultant may only use CEII for the purpose for which it was requested and must not

use CEII to provide advice to a client for an illegal or illegitimate purpose.

8. All CEII shall be maintained by the Recipient in a secure place in a manner that would

prevent unauthorized access. Access to those materials shall be limited to other authorized

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

become CEII and subject to these same restrictions. Recipients may make notes of CEII,

which shall be treated as CEII, if they contain CEII.

Initials:___________

Date:_____________
9. CEII provided pursuant to the agreement is not subject to release under either the 

Freedom of Information Act or other Sunshine Laws.

10. 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 8, 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 8. 

11. The Recipient is obligated to protect the CEII, even after the designation period has 

lapsed, until the CEII Coordinator determines that 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. 

12. The Commission may audit the Recipient's compliance with the non-disclosure 

agreement. 

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

Commission.

14. Violation of the non-disclosure agreement may result in criminal or civil sanctions 

against the Recipient. 

15. I hereby certify my understanding that access to CEII is provided to me pursuant to the 

terms and restrictions of the attached CEII Consultant Provisions, that I have been given 

a copy of and have read the above 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 my clients, coworkers, or anyone other than another person who has been granted access to these same 

materials by the Commission. I acknowledge that a violation of this agreement may result 

in criminal or civil sanctions, including suspension of my ability to appear before the 

Commission pursuant to 18 C.F.R. § 385.2102. 

By: __________________________________

Signature

Print Name: __________________________________

Title: __________________________________

Representing: __________________________________

Date: __________________________________