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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