CRITICAL ENERGY / ELECTRIC INFRASTRUCTURE INFORMATION STATE

AGENCY EMPLOYEE - NON-DISCLOSURE AGREEMENT

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

Information (CEII) provided to a State agency 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 "State agency Requester" means someone who requests 

access to CEII as an employee of a State agency in accordance with 

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

3. A State agency Requester shall not be permitted to inspect or gain access to CEII 

unless the State agency Requester has first executed a State agency NonDisclosure Agreement.

4. Any information provided under this agreement is on loan to the State agency, and 

must be returned to the Federal Energy Regulatory Commission upon request. 

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

the Freedom of Information Act or other Sunshine Laws.

5. The State agency Requester agrees to notify the Federal Energy Regulatory 

Commission’s Associate General Counsel for General and Administrative Law 

immediately upon State agency receipt of a request for the information provided 

under this agreement.
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6. This information will be returned to the Federal Energy Regulatory Commission 

prior to the State agency Requester leaving the employment of the State agency.

7. 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.

8. If a Recipient submits information to the Commission that includes CEII obtained 

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

accordance with 18 C.F.R. § 388.113(d)(1).

9. All CEII shall be maintained by 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.

10.Recipients must return CEII to the CEII Coordinator or destroy CEII within fifteen 
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days of a written request by the CEII Coordinator to do so. 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 its knowledge, all CEII has 

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

destroyed.

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 Recipient is required to promptly report all unauthorized disclosures of CEII 

to the Commission.

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

agreement.

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

sanctions against the Recipient.
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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: __________________________________
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Representing: __________________________________

Date: __________________________________

Date: