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PA Bulletin, Doc. No. 07-519

NOTICES

Implementation of the Public Utility Confidential Security Information Disclosure Protection Act

[37 Pa.B. 1392]
[Saturday, March 24, 2007]

   Governor Edward Rendell signed into law the act of November 29, 2006 (P. L. No. 1435, No. 156) (Act 156). Act 156 provides safeguards for confidential security information of public utilities that is provided to State agencies such as the Pennsylvania Public Utility Commission (Commission) from disclosure that may compromise security against sabotage or criminal or terrorist acts. At the March 1, 2007, public meeting at M-00072014, this Commission adopted an Implementation Order to provide guidance to all jurisdictional public utilities of their Act 156 responsibilities and the Commission's expectations for transmittal letters and for the proper identification and marking of confidential security information. This Implementation Order provides guidance on how and when the Commission will meet its obligations to develop the rules and regulations and other associated actions necessary to implement Act 156.

   The purpose of this notice is to advise all jurisdictional public utilities of the adoption of this Implementation Order and to direct any public utility that has not received a copy in the mail to our website to obtain a copy. The Commission has posted this Implementation Order at www.puc.state.pa.us/PcDocs/651604.doc.

   In brief, Act 156 directs the Commission to develop: (1) filing protocols and procedures for public utilities to follow when submitting records containing confidential security information; (2) protocols and procedures to address challenges to the designations or requests to examine records containing confidential security information; and (3) protocols and procedures to protect public utility records or portions thereof that contain confidential security information from prohibited disclosure by Commission employees. Section 3(b)--(d) of Act 156. Commission employees who improperly disclose confidential security information are subject to criminal penalties as enumerated in Act 156 and to termination of employment. Section 6 of Act 156.

   As a general rule, Act 156 mandates that agencies such as the Commission shall not release, publish or otherwise disclose a public utility record or portion thereof that contains confidential security information. Section 5(a) of Act 156. ''Confidential security information'' is defined in the act as any information contained within a record maintained by an agency, the disclosure of which would compromise security against sabotage or criminal or terrorist acts and the nondisclosure of which is necessary for the protection of life, safety, pubic property or public utility facilities. The Act then specifically defines confidential security information to include:

   (1)  Vulnerability assessments.

   (2)  Portions of emergency response plans that would reveal vulnerability assessments, specific tactics or specific emergency or security procedures.

   (3)  A plan, map or other drawing or data which shows the location or reveals location data on community drinking water wells and surface water intakes.

   (4)  Security plans or procedures prepared specifically for the purpose of preventing or for protection against sabotage or criminal or terrorist acts.

   (5)  Specific information, including portions of financial statements, about security devices or personnel, designed to protect against sabotage or criminal or terrorist acts.

   To learn more on how the Commission plans to implement Act 156 requirements, any public utility or interested party that has not received a copy of the Implementation Order may visit the Commission's website listed previously to obtain a copy of it. Persons who have any questions should contact Carl Hisiro, (717) 783-2812, in the Commission's Law Bureau.

JAMES J. MCNULTY,   
Secretary

[Pa.B. Doc. No. 07-519. Filed for public inspection March 23, 2007, 9:00 a.m.]


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