What does the FERC-603 renewal mean for anyone who needs critical infrastructure data?

How the request works today

A person who wants access to Critical Energy/Electric Infrastructure Information files a request under 18 CFR 388.113. The form asks for the requester's name, title, address, and telephone number. It also asks for the name, address, and telephone number of the person or entity on whose behalf the information is requested. A detailed Statement of Need must accompany the request. An executed non-disclosure agreement completes the package.

The non-disclosure agreement binds the recipient to several conditions. The information will only be used for the purpose for which it was requested. Discussion is permitted only with authorized recipients. Information utilized for modelling will not be disclosed. The material must be kept in a secure place in a manner that would prevent unauthorized access. It must be destroyed or returned to the Commission upon request. Disclosure to anyone outside the United States is strictly prohibited. The information is not subject to release under either FOIA or Sunshine Laws.

Audits of recipient compliance are permitted. The obligation to protect the information continues even after a designation has lapsed until the CEII Coordinator determines the information should no longer be designated as CEII. The recipient is required to promptly report all unauthorized disclosures to the Commission.

What the numbers say about burden

The Commission estimates 100 respondents per year. Each respondent files one response annually. That yields 100 total responses. The average burden per response is 0.3 hours. The cost per response is $30.60. Total annual burden across all respondents is 30 hours. Total annual cost is $3,060. Cost per respondent works out to $30.60.

The hourly cost figure comes from the Commission's FY 2026 average salary plus benefits of $213,003 per year, or $102 per hour. Burden covers the total time, effort, or financial resources expended by persons to generate, maintain, retain, disclose, or provide information to or for a federal agency.

Why this exists instead of FOIA

Section 215A(d) of the Federal Power Act authorizes the collection. The Freedom of Information Act would normally govern such requests. Two FOIA exemptions are likely to apply to critical infrastructure data. Exemption 3 allows withholding of information prohibited from disclosure by another statute. Exemption 7 protects certain law enforcement information, including information the disclosure of which could jeopardize a person's life or safety. Applying one of them frequently results in a decision to withhold the information from the FOIA requester.

After the September 11, 2001 terrorist attacks, the Commission determined it was important to improve the appropriate treatment of CEII. The goal was to assist requesters with a legitimate need while restricting access due to the ongoing terrorism threat. The regulation at 18 CFR 388.113 was promulgated to achieve those goals. A designation lasts up to five years unless it is re-designated. The Commission can remove a designation at any time if it determines that unauthorized disclosure can no longer impair the security or reliability of the bulk-power system, distribution facilities, or any other form of energy infrastructure.

Where to send comments

Comments on the collection of information are due November 5, 2026. Written comments on FERC-603 go to OMB through the portal referenced in the notice. The same portal lists open opportunities under "Currently under Review" for the Federal Energy Regulatory Commission. A copy of comments should also be emailed to DataClearance@FERC.gov with the Docket No. IC26-33-000 and the FERC Information Collection number FERC-603 specified. If electronic filing is not possible, comments may be mailed via U.S. Postal Service to Federal Energy Regulatory Commission, Secretary of the Commission, 888 First Street NE, Washington, DC 20426. All other delivery methods go to Federal Energy Regulatory Commission, Secretary of the Commission, 12225 Wilkins Avenue, Rockville, MD 20852. The docket is viewable through the Commission's eLibrary system. For further information contact Kayla Williams at (202) 502-6468 or DataClearance@FERC.gov. The request form and three versions of the non-disclosure agreement are posted on the Commission's website.