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15 December 2006


[Federal Register: December 15, 2006 (Volume 71, Number 241)]

[Notices]               

[Page 75520-75521]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr15de06-45]                         



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DEPARTMENT OF ENERGY



Energy Information Administration



 

Energy Information Administration Policy for Publicly Releasing 

Planned Electric Generating Unit Information for Years 1998-2000; 

Policy Statement



AGENCY: Energy Information Administration (EIA), DOE.



ACTION: Policy Statement. Energy Information Administration Policy for 

Publicly Releasing Planned Electric Generating Unit Information for 

Years 1998-2000.



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SUMMARY: The EIA has modified its policy and will publicly release EIA 

survey information collected regarding planned electric generating 

units for the years 1998, 1999, and 2000.



DATES: This policy becomes effective on January 12, 2007.



ADDRESSES: Requests for information or questions about this policy 

should be directed to Mr. Kevin Lillis of EIA's Electric Power 

Division. Mr. Lillis may be contacted by phone (202-287-1757), FAX 

(202-287-1934), or e-mail (kevin.lillis@eia.doe.gov). His mailing 

address is Electric Power Division, EI-53, Forrestal Building, U.S. 

Department of Energy, 1000 Independence Ave., SW., Washington, DC 

20585.



FOR FURTHER INFORMATION CONTACT: Requests for additional information 

about this policy should be directed to Mr. Lillis at the address 

listed above. Information on EIA's Electric Power Program is available 

on EIA's Internet site at http://www.eia.doe.gov/fuelelectric.html.





SUPPLEMENTARY INFORMATION:



I. Background

II. Discussion of Comments

III. Current Actions



I. Background



    The Federal Energy Administration Act of 1974 (Pub. L. 93-275, 15 

U.S.C. 761 et seq.) and the DOE Organization Act (Pub. L. 95-91, 42 

U.S.C. 7101 et seq.) require the EIA to carry out a centralized, 

comprehensive, and unified energy information program. This program 

collects, evaluates, assembles, analyzes, and disseminates information 

on energy resource reserves, production, demand, technology, and 

related economic and statistical information. This information is used 

to assess the adequacy of energy resources to meet near and longer term 

domestic demands.

    The purpose of EIA's Electric Power Program is to collect and 

disseminate basic and detailed data to meet EIA's mandates and energy 

data users' needs for credible, reliable, and timely information on 

U.S. electric capacity, generation, sales, trade, transmission, and 

pricing. Prior to 1998, information collected by EIA on planned 

electric power generating units was considered as nonconfidential and 

was publicly available. With increasing competition and restructuring 

of the electric power industry, EIA collected information on planned 

electric generating units for the years 1998, 1999, and 2000 and stated 

that it would treat that information as confidential. After 

reconsidering the need to treat planned electric generating unit 

information as confidential, consulting with EIA survey respondents and 

customers, and obtaining Office of Management and Budget approval, EIA 

changed its policy. Planned electric generating unit information for 

calendar years 2001 and later has been collected as nonconfidential and 

is publicly available.

    EIA received a request under the Freedom of Information Act (5 

U.S.C. 552) for the planned generating unit information for calendar 

years 1998-2000. Given that such information prior to 1998 and after 

2000 is publicly available, EIA undertook a process to determine 

whether the planned unit data for 1998-2000 should continue to be 

withheld or should be publicly released. EIA sent a letter to 963 

respondents who reported having planned generating units in the 1998-

2000 time period on Form EIA-860A, ``Annual Electric Generating 

Report--Utility,'' and/or Form EIA-860B, ``Annual Electric Generating 

Report--Non-Utility,'' on this issue. The letters were mailed on August 

24 and August 28, 2006.

    The letter asked respondents whether they objected to the public 

release of the information on planned electric generating units for the 

years 1998-2000. Respondents were asked to reply by September 29, 2006. 

Any respondent objecting to the release was requested to provide ``EIA 

with specific details on why your information for 1998-2000 on planned 

generating units/facilities is sensitive and proprietary and how public 

release of the information would cause substantial competitive harm to 

your company.''

    As of October 18, 2006, EIA received 52 responses to its letter. Of 

the 52 responses, 47 stated that they had no objection to the release 

of the information from 1998-2000 on planned electric generating units. 

Five respondents objected to the release of the planned electric 

generating unit information. Thus, less than one percent of the 

companies that reported planned



[[Page 75521]]



electric generating unit information for 1998-2000 objected to the 

public release of that information.



II. Discussion of Comments



    Five companies objected to the release of the 1998-2000 information 

on planned electric generating units but none specifically addressed 

how public release of the information would cause substantial 

competitive harm to the company.



III. Current Actions



    The information at issue is planned electric generating unit data 

for 1998, 1999 and 2000. As of October 2006, that information is over 

six years old. Planned electric generating unit information collected 

after 2000 is currently treated as non-confidential and is publicly 

available. Each survey respondent was provided with an opportunity to 

provide specific details on why its information for 1998-2000 on 

planned electric generating units was sensitive and proprietary and how 

public release of the information would cause substantial competitive 

harm to the company. Based on the fact that most of the responding 

companies support this change and the fact that the small number of 

companies who objected provided no details to show that releasing this 

historical information would cause substantial competitive harm, EIA's 

policy regarding the planned electric generating unit information for 

the period 1998-2000 will be considered as non-confidential and the 

planned electric generating unit information for the 1998-2000 time 

period will be made publicly available.

    Statutory Authority: Section 52 of the Federal Energy 

Administration Act (Pub. L. 93-275, 15 U.S.C. 790a).



    Issued in Washington, DC, December 11, 2006.

Jay H. Casselberry,

Agency Clearance Officer, Energy Information Administration.

 [FR Doc. E6-21369 Filed 12-14-06; 8:45 am]



BILLING CODE 6450-01-P