ACN 157/19 - DEC 2019 ACKNOWLEDGEMENT AND AGREEMENT AS TO THE RECEIPT OF LNG APPLICATION MATERIALS RECEIVED FROM FERC

united states coast guard

ALCOAST COMMANDANT NOTICE                               CANCEL DATE  22 DEC 2020


R 231109 DEC 19
FM COMDT COGARD WASHINGTON DC//CG-5P//
TO ALCOAST
UNCLAS //N05570//
ACN 157/19
SUBJ:  ACKNOWLEDGEMENT AND AGREEMENT AS TO THE RECEIPT OF LNG APPLICATION MATERIALS
RECEIVED FROM FERC
A. Interagency Agreement Among the Federal Energy Regulatory Commission, United States Coast
Guard, and Research and Special Programs Administration of February 2004
B. Acknowledgement and Agreement as to the Receipt of LNG Application Materials from FERC and
Treated as Critical Energy/Electric Infrastructure Information, Privileged Information, and/or
Sensitive Security Information of September 2019
1. The Coast Guard, Federal Energy Regulatory Commission (FERC or the Commission), and
Research and Special Projects Administration (RSPA a precursor to the Pipeline and Hazardous
Materials Safety Administration; PHMSA) signed REF (A) in 2004 and which pertains to the Safety
and Security Review of Waterfront Import/Export LNG Facilities. Under this Interagency Agreement,
FERC has traditionally shared information they received in applications for new and modified
LNG facilities. Information shared by FERC included items identified in their comprehensive
review of facilities that they felt may not meet Coast Guard regulations in 33 CFR Part 127 for
LNG facilities or when they desired our expertise on a particular item under their review.
2. In June 2019, FERC notified the Coast Guard of a regulatory change that impacted REF (A)
and did not allow for continued sharing of information of controlled unclassified information
under existing agreements. Information that FERC has shared with the Coast Guard
that is CUI includes Critical Energy/Electric Infrastructure Information (CEII), privileged
(PRIV) information, or Sensitive Security Information (SSI).
3. FERC entered into an updated MOU with PHMSA in 2018 that covered sharing of information
with them and FERC holds a Non-Disclosure Agreement that permits the Coast Guard to share SSI
information with FERC.
4. On 11 September 2019, the Assistant Commandant for Prevention Policy (CG-5P) signed an
"Acknowledgement and Agreement as to the Receipt of LNG Application Materials from FERC and
Treated as Critical Energy/Electric Infrastructure Information, Privileged Information, and/or
Sensitive Security Information" on behalf of the Coast Guard. This permits FERC to share CEII,
PRIV, and SSI with all necessary Coast Guard personnel. The signed agreement is available
at: http://cglink.uscg.mil/25925e7c.
5. All personnel that handle or may handle CUI from FERC must review this agreement and abide
by its requirements. The key requirements within the document are:
    a. The USCG agrees that if it receives a FOIA request for information in documents provided
to it by the Commission, consistent with Department of Justice guidance, the USCG will refer
the request to the Commission's FOIA office for processing. The USCG also agrees to consult
with the Commission’s Associate General Counsel for Energy Projects or the Associate General
Counsel for General and Administrative Law or their designee prior to making any other release
of this information.
    b. All CUI material, including CEII, PRIV, and SSI, shall be maintained by the USCG in a
secure place and in a manner that would prevent unauthorized access.
    c. The USCG agrees to report any inadvertent or unauthorized disclosures of CUI to the
Commission.
    d. If a determination is made to dispose of CUI, the USCG agrees to destroy the CUI
completely and in a way that prevents recognition or reconstruction of the information.
6. This change will be promulgated in the Coast Guard Regulated Facility Compliance Program
manual that is currently being drafted, and will be released within a year of this ACN.
7. Released by RDML Richard V. Timme, Assistant Commandant for Prevention Policy.
8. Internet release is authorized.