The Critical Electric Infrastructure Information (CEII) designation protects and secures critical information about the nation’s electric infrastructure as part of the Department of Energy’s (DOE) commitment to improve energy security while ensuring a reliable and resilient flow of energy to America’s communities and businesses. In the CEII final rule, DOE establishes administrative procedures for how the Department will designate, protect, and share CEII. The rule also provides procedures for DOE coordination with other federal agency partners and industry to facilitate mutual understanding and information sharing as it may relate to CEII.
CEII is a category of controlled unclassified information about a system or asset of the bulk-power system, whether physical or virtual, that if destroyed or incapacitated, would negatively affect the United States’ national security, economic security, public health or safety, or any combination of such effects. A CEII designation exempts the information about physical and virtual assets of the bulk-power system from public release under the Freedom of Information Act and other laws requiring government disclosure of certain information or records. As a general principle, DOE will not designate information as CEII if it has been made publicly available by an owner or generator of the CEII previously.
- The Fixing America’s Surface Transportation Act (FAST Act) added section 215A to the Federal Power Act, which authorizes both the Secretary of Energy and the Federal Energy Regulatory Commission (FERC) to designate information as CEII. FERC and DOE each developed their own regulations covering CEII.
- The rule supports and encourages information sharing between government and industry by ensuring the security of CEII. It also provides procedures for DOE coordination with other federal agency partners (e.g., the Department of Homeland Security, FERC) to facilitate mutual understanding and implementation among federal information classification programs as it may relate to CEII.
- DOE previously released a Notice of Proposed Rulemaking on October 29, 2018, and received fourteen sets of comments over a 60-day comment period.
- CEII designation lasts for five years and can be renewed, at the Department’s discretion. The designation exempts data or information from disclosure under the Freedom of Information Act (FOIA) and other laws requiring government disclosure of certain information or records.
- The CEII final rule is effective as of May 15, 2020.
Submitting Information for CEII Designation:
If you are In the course of doing business with a DOE employee, DOE contractor, or agent of DOE and you need to submit documents that warrant CEII handling, submit the document(s) to that individual with the following request:
“The enclosed documents include information about a system or asset of the bulk-power system, whether physical or virtual, the incapacity or destruction of which would negatively affect national security, economic security, public health or safety, or any combination of such matters. As such, we, name of company, are requesting that [INSERT NAME OF DOE OFFICE FROM WHICH CEII DESIGNATION IS REQUESTED (THIS MUST BE IN BOLD CAPITAL LETTERING)] DOE designate and protect the enclosed data as Critical Electric Infrastructure Information pursuant to its regulations at 10 CFR 1004.13.”
The submitter should also include their name, title, mailing address, work phone number, and a publicly releasable version with the CEII removed.
CEII Submission Information:
If you are a DOE employee, DOE contractor, or agent of DOE who receives a document for consideration for CEII designation, please fill out the CEII Review Request form and send it to CEIICoordination@hq.doe.gov
CEII Specific Reference Documents:
Related Reference Documents:
- 2015 Fixing America’s Surface Transportation Act (114-94)
- Division F – Energy Security. Sec. 61003. Critical electric infrastructure security
- 2019 Worldwide Threat Assessment of the US Intelligence Community
For additional information regarding the CEII Final Rule, please email CEIICoordination@hq.doe.gov