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FERC Issues NOPR on Filing of Privileged Materials and Answers to Motions

On December 16, 2011, in Docket No. RM12-2, FERC issued a Notice of Proposed Rulemaking (NOPR) addressing the Filing of Privileged Materials and Answers to Motions.  The NOPR proposes to establish two categories of privileged material for filing purposes: (1) privileged material and (2) Critical Energy Infrastructure Information material. The Commission’s proposed changes would result in a single set of uniform procedures for filing privileged materials.  The NOPR would require that filers claiming privileged treatment would be required to include a self-implementing protective agreement along with the filing and would also be required to provide the material for which privilege is claimed to intervening parties who sign the agreement.  The proposed regulations include a few exceptions to this requirement such as those relating to landowner lists, certain cultural resources and liquefied natural gas facility information, and proceedings set for hearing for settlement procedures in accordance with the Commission’s Rules of Practice and Procedure.  To view FERC’s NOPR, click here.