​NRECA, along with the American Public Power Association and Edison Electric Institute, moved to intervene in multiple Federal Energy Regulatory Commission (FERC) proceedings where NERC has filed notices of penalties for registered entity violations of NERC's critical infrastructure protection reliability standards. Other parties have moved to intervene and asked FERC to publicly release non-public information contained in NERC's filings. We argue that these motions are not the right procedure to seek disclosure of such information, and, in any event, the sought-for information should not be disclosed because FERC’s reliability standards enforcement regulations and FERC’s critical energy infrastructure information (CEII) regulations both protect against public disclosure to protect bulk-power system reliability and national security. If FERC believes it needs to change these procedures, we argue that FERC should conduct a public rulemaking rather than make ad hoc policy changes in these proceedings. FULL FILING

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