COVERUP UPDATE: CIP Violation Database and FOIA Lawsuit
FOIA Lawsuit and CIP Violation Database: Exposing the NERC CIP Coverup
I created the CIP violation database to disclose to the public the identities of violators of Critical Infrastructure Protection (CIP) standards as my investigation continues. These identities have been covered up by the North American Electric Reliability Corporation (NERC) and the Federal Energy Regulatory Commission (FERC) since 2010. [Read details of the coverup and my investigation HERE.] Unfortunately, I have been forced to file a lawsuit against FERC under the Freedom of Information Act (FOIA) due to FERC’s delay and denial of my FOIA requests. Details on my FOIAs and the lawsuit are all posted below.
Here is the current status of the CIP coverup and my FOIAs
Date Updated: | 1/31/2022 |
Total URE Dockets: | 295 |
FOIAs Filed for: | 270 |
Total UREs *: | 1534 |
Dockets in Lawsuit: | 253 |
FOIA URE Names Released: | 141 |
FOIA URE Names Denied: | 1,349 |
* Note: As of 2019 NERC is also hiding the number of UREs covered in spreadsheet NOPs, so we can no longer accurately determine the number of URE’s involved. As of August of 2020 NERC is no longer allowing the public any data whatsoever on CIP Notices of Penalty.
SCROLL DOWN FOR CIP VIOLATION DATABASE!
Background
I have filed 7 FOIA requests (so far) for the names of UREs (“Unidentified Registered Entities”) which is the industry euphemism for “covered up company name.” In addition, I was also forced to file a FOIA to get NERC’s and the utility industry’s objections to my FOIAs (ridiculous, I know). I also had to file a FOIA to disprove the electric industry’s assertion that FERC has officially blessed off on withholding the names of CIP violators – and there were no responsive documents. So the industry is misrepresenting this (or lying, depending on how charitable you’d like to be).
As a result of my December 2018 FOIA request, January 2019 FOIA Request and August 2019 FOIA request I will be getting the names a few at a time from FERC and will update the database as I get them. (Read FERC’s first response letter HERE.) Note that I have objected to FERC’s “rolling” treatment of my FOIA requests which appear to be a delay tactic to appease the industry.
It has taken FERC over 3 years and a lawsuit to process my FOIAs – and they are still stonewalling us.
Unfortunately, I do not think this unacceptable delay is anything other than an attempt by FERC to constructively deny the FOIA. The Court agreed and on January 28, 2020 issued an order requiring FERC to process 10-15 dockets per month until production is complete. FERC is processing the bare minimum of exactly 10 dockets per month. The Court recently granted FERC an extension until January 31, 2022 to complete their production (We opposed this extension).
I will continue to work in FERC rulemaking and Motions to intervene (see HERE, HERE, HERE and HERE) to fix this NERC coverup permanently.
It is also important to note that the entire electric utility industry is actively fighting these FOIAs. This is an extraordinary level of objection to disclosure of regulatory actions that the American people have the right to know about!
I will only be posting the names that are confirmed. For example, you will find that in Docket NP18-7 the violator is Pacific Gas and Electric Company (PG&E). This was confirmed by a previous FOIA I filed.
The Database gives you details on all the covered up CIP violations to date and will be updated with the names of “UREs” as I receive them.
FOIA Documents
I will post the FOIAs and all responses, disclosures, denials and appeals below.
FOIA Lawsuit: Mabee v. Federal Energy Regulatory Commission
(NOTE: Lawsuit covers FOIAs 2019-0019, 2019-0030 and 2019-0099 below)
Click HERE For Press Release On Lawsuit
- Document 1 – Complaint
- Document 2 – Summonses
- Document 3 – FOIA Order and Guidelines
- Document 4 – Notice of Appearance (AUSA)
- Document 5 – Proof of Service (AG)
- Document 6 – Proof of Service (AUSA)
- Document 7 – Proof of Service (FERC)
- Document 8 – Answer
- Document 9 – Joint Status Report January 13, 2020
- Court Order January 28, 2020
- Document 10 – Defendant’s Monthly Status Report February 7, 2020
- Document 11 – Joint Status Report March 9, 2020
- Document 12 – Notice of Appearance (AUSA)
- Document 13 – Defendant’s Monthly Status Report April 7, 2020
- Document 14 – Defendant’s Monthly Status Report May 7, 2020
- Court Order May 11, 2020
- Document 15 – Joint Status Report June 8, 2020
- Court Order July 3, 2020
- Document 16 – Defendant’s Monthly Status Report July 7, 2020
- Document 17 – Defendant’s Monthly Status Report August 6, 2020
- Document 18 – Joint Status Report September 8, 2020
- Document 19 – Defendant’s Monthly Status Report October 7, 2020
- Document 20 – Defendant’s Monthly Status Report November 9, 2020
- Document 21 – Joint Status Report December 7, 2020
- Document 22 – Defendant’s Monthly Status Report January 12, 2021
- Document 23 – Defendant’s Monthly Status Report February 8, 2021
- Document 24 – Joint Status Report March 8, 2021
- Document 25 – Defendant’s Monthly Status Report April 7, 2021
- Document 26 – Defendant’s Monthly Status Report May 7, 2021
- Document 27 – Joint Status Report June 7, 2021
- Document 28 – Defendant’s Monthly Status Report July 10, 2021
- Document 29 – Defendant’s Monthly Status Report August 5, 2021
- Document 30 – Joint Status Report September 7, 2021
- Document 31 – Defendant’s Monthly Status Report October 7, 2021
- Document 32 – FERC Notice of Substitution of Counsel
- Document 33 – FERC Emergency Motion to Amend Order
- Document 34 – Opposition to FERC’s Emergency Motion
- Document 35 – Court Order Granting FERC Motion
- Document 36 – Defendant’s Monthly Status Report November 8, 2021
- Document 37 – Joint Status Report December 7, 2021
- Court Order – December 9, 2021
- Document 38 – Joint Status Report February 14, 2022
- Court Order – February 15, 2022
- Document 39 – FERC Motion to Modify Briefing Schedule, April 29, 2022
- Document 40 – FERC’s Motion Modify Briefing Schedule
- Court Order – May 2, 2022
- Document 41 – FERC Motion for Summary Judgement
- Document 42 – Plaintiff’s Opposition to FERC’s Motion for Summary Judgement
- Document 43 – Plaintiff’s Cross-Motion for Summary Judgement
- Document 44 – FERC Motion for Extension
- Court Order – July 7, 2022
- Document 45 – FERC Motion for Extension (filed in error)
- Document 46 – FERC Motion for Extension
- Court Order – July 28, 2022
- Document 47 – FERC Reply Brief
- Document 48 – FERC Reply Brief
- Document 49 – Plaintiff Reply Brief
FOIA 2019-0099 (For FERC “URE” Dockets from January-July 2019)
Click HERE for my August 3, 2019 FOIA request to FERC
Click HERE for FERC’s September 17, 2019 determination Letter (Denial)
Click HERE for my September 24, 2019 FOIA appeal to FERC (2019-0099)
Click HERE for FERC’s November 7, 2019 denial of my appeal
FOIA 2019-0019 (for FERC “URE” Dockets from 2014-2018)
Click HERE for my December 18, 2018 FOIA request to FERC
Click HERE for FERC’s January 18, 2019 “Submitter’s Rights Letter.”
Click HERE for NERC’s January 28, 2019 objections to my FOIA
Click HERE for the electric industry Trade Associations objections to my FOIA
Click HERE for FERC’s February 28, 2019 “Notice of Intent to Release” Letter
Click HERE for FERC’s March 18, 2019 determination (with disclosed documents)
Click HERE for March 21, 2019 Modification Agreement in FOIA 2019-0019 and 2019-0030
Click HERE for FERC’s April 2, 2019 second determination (denial)
Click HERE for my April 17, 2019 FOIA appeal to FERC
Click here for NERC’s April 23, 2019 objections to my FOIA
Click HERE for FERC’s June 12, 2019 denial of my appeal
Click HERE for my August 3, 2019 estimated completion date request to FERC
Click HERE for my September 13, 2019 FOIA appeal to FERC (2019-0019)
Click HERE for FERC’s October 21, 2019 denial letter
Click HERE for FERC’s January 16, 2020 denial letter
Click HERE for FERC’s January 29, 2021 denial letter
Click HERE for FERC’s March 29, 2021 denial letter
Click HERE for FERC’s April 29, 2021 denial letter
Click HERE for FERC’s May 26, 2021 denial letter
Click HERE for FERC’s July 23, 2021 denial letter
Click HERE for FERC’s September 21, 2021 denial letter
FOIA 2019-0030 (for FERC “URE” Dockets from 2010-2013)
Click HERE for my January 12, 2019 FOIA request to FERC
Click HERE for NERC’s February 15, 2019 objections to my FOIA
Click HERE for the electric industry Trade Associations objections to my FOIA
Click HERE for FERC’s March 20, 2019 “Notice of Intent to Release” Letter
Click HERE for March 21, 2019 Modification Agreement in FOIA 2019-0019 and 2019-0030
Click HERE for FERC’s May 17, 2019 determination (with disclosed documents)
Click HERE for FERC’s June 13, 2019 “Notice of Intent to Release” Letter
Click HERE for my August 3, 2019 estimated completion date request to FERC
Click HERE for FERC’s September 3, 2019 determination (with disclosed documents)
Click HERE for my September 13, 2019 FOIA appeal to FERC (2019-0030)
Click HERE for FERC’s October 25, 2109 denial letter
Click HERE for FERC’s December 12, 2019 determination letter (with disclosed documents)
Click HERE for FERC’s February 26, 2020 denial letter
Click HERE for FERC’s March 30, 2020 denial letter
Click HERE for FERC’s April 28, 2020 denial letter
Click HERE for FERC’s May 19, 2020 “Notice of Intent to Release” letter
Click HERE for FERC’s May 27, 2020 denial letter
Click HERE for FERC’s June 26, 2020 denial letter
Click HERE for FERC’s July 15, 2020 determination letter (with disclosed documents)
Click HERE for FERC’s July 28, 2020 denial letter
Click HERE for FERC’s August 27, 2020 denial letter
Click HERE for FERC’s September 23, 2020 “Submitter’s Rights Letter”
Click HERE for FERC’s September 25, 2020 denial letter
Click HERE for FERC’s October 29, 2020 denial letter
Click HERE for FERC’s November 25, 2020 denial letter
Click HERE for FERC’s December 4, 2020 “Notice of Intent to Release” letter
Click HERE for FERC’s December 18, 2020 determination letter (with disclosed documents)
Click HERE for FERC’s December 21, 2020 denial letter
Click HERE for FERC’s January 29, 2021 denial letter
Click HERE for FERC’s February 12, 2021 “Submitter’s Rights Letter”
Click HERE for FERC’s February 26, 2021 denial letter
Click HERE for FERC’s March 25, 2021 determination letter (with disclosed documents)
Click HERE for FERC’s March 29, 2021 denial letter
Click HERE for FERC’s April 1, 2021 “Submitter’s Rights Letter”
Click HERE for EFRC’s April 20, 2021 “Notice of Intent to release” letter
Click HERE for FERC’s April 27, 2021 “Submitter’s Rights Letter”
Click HERE for FERC’s April 29, 2021 determination letter (with disclosed documents)
Click HERE for FERC’s May 19, 2021 “Notice of Intent to Release” letter
Click HERE for FERC’s May 21, 2021 denial letter
Click HERE for FERC’s May 21, 2021 “Notice of Intent to Release” letter
Click HERE for FERC’s May 26, 2021 denial letter
Click HERE for FERC’s May 28, 2021 determination letter (with disclosed documents)
Click HERE for FERC’s June 11, 2021 “Submitter’s Rights Letter”
Click HERE for FERC’s June 24, 2021 “Notice of Intent to release” letter
Click HERE for FERC’s June 30, 2021 denial letter #1
Click HERE for FERC’s June 30, 2021 denial letter #2
Click HERE for FERC’s June 30, 2021 denial letter #3
Click HERE for FERC’s June 30, 2021 determination letter (with disclosed documents)
Click HERE for FERC’s July 28, 2021 denial letter
Click HERE for FERC’s August 6, 2021 “Submitter’s Rights Letter”
Click HERE for FERC’s August 10, 2021 “Notice of Intent to Release” letter
Click HERE for FERC’s August 17, 2021 denial letter
Click HERE for FERC’s August 17, 2021 “Submitter’s Rights Letter”
Click HERE for FERC’s August 20, 2021 “Notice of Intent to Release” letter
Click HERE for FERC’s first August 30, 2021 determination letter (with disclosed documents)
Click HERE for FERC’s second August 30, 2021 determination letter (with disclosed documents)
Click HERE for FERC’s August 31, 2021 denial letter
Click HERE for FERC’s September 2, 2021 denial letter
Click HERE for FERC’s October 19, 2021 “Submitter’s Rights Letter” (RC13-3)
Click HERE for FERC’s October 19, 2021 “Submitter’s Rights Letter” (RC12-15)
Click HERE for FERC’s October 19, 2021 Notice of Intent to release (NP11-199)
Click HERE for FERC’s October 29, 2021 determination (with disclosed documents)
Click HERE for FERC’s November 5, 2021 “Submitter’s Rights Letter” (RC12-8)
Click HERE for FERC’s November 5, 2021 “Submitter’s Rights Letter” (RC13-10)
Click HERE for FERC’s November 10, 2021 “Submitter’s Rights Letter” (RC12-7)
Click HERE for FERC’s November 10, 2021 “Submitter’s Rights Letter” (RC12-13)
Click HERE for FERC’s November 10, 2021 “Submitter’s Rights Letter” (RC12-16)
Click HERE for FERC’s November 10, 2021 Notice of Intent to release (RC13-3)
Click HERE for FERC’s November 12, 2021 “Submitter’s Rights Letter” (RC13-6)
Click HERE for FERC’s November 12, 2021 “Submitter’s Rights Letter” (RC13-2)
Click HERE for FERC’s November 19, 2021 “Submitter’s Rights Letter” (RC12-10)
Click HERE for FERC’s November 19, 2021 “Submitter’s Rights Letter” (RC13-6)
Click HERE for FERC’s November 22, 2021 Notice of Intent to Release (RC12-15)
Click HERE for FERC’s November 23, 2021 Notice of Intent to Release (RC12-16)
Click HERE for FERC’s November 30, 2021 Notice of Intent to Release (RC12-13)
Click HERE for FERC’s November 30, 2021 Notice of Intent to Release (RC12-8)
Click HERE for FERC’s December 1, 2021 “Submitter’s Rights Letter” (RC12-14)
Click HERE for FERC’s December 3, 2021 Notice of Intent to Release (RC12-7)
Click HERE for FERC’s December 9, 2021 Notice of Intent to Release (RC12-10)
Click HERE for FERC’s December 10, 2021 “Submitter’s Rights Letter” (RC12-12)
Click HERE for FERC’s December 14, 2021 Notice of Intent to Release (RC12-14)
Click HERE for FERC’s December 14, 2021 Notice of Intent to Release (RC13-2)
Click HERE for FERC’s December 15, 2021 Notice of Intent to Release (RC13-10)
Click HERE for FERC’s December 16, 2021 Notice of Intent to Release (RC13-6)
Click HERE for FERC’s December 17, 2021 Notice of Intent to Release (RC13-1)
Click HERE for FERC’s December 21, 2021 “Submitter’s Rights Letter” (RC13-8)
Click HERE for FERC’s December 21, 2021 “Submitter’s Rights Letter” (RC12-1)
Click HERE for FERC’s December 22, 2021 determination (RC12-7 with disclosed documents)
Click HERE for FERC’s December 22, 2021 determination (RC12-10 with disclosed documents)
Click HERE for FERC’s December 22, 2021 determination (RC12-8 with disclosed documents)
Click HERE for FERC’s December 22, 2021 determination (RC13-1 with disclosed documents)
Click HERE for FERC’s December 22, 2021 determination (RC12-13 with disclosed documents)
Click HERE for FERC’s December 23, 2021 determination (RC12-16 with disclosed documents)
Click HERE for FERC’s December 23, 2021 Notice of Intent to Release (RC12-12)
Click HERE for FERC’s December 21, 2021 “Submitter’s Rights Letter” (RC12-6)
Click HERE for FERC’s December 21, 2021 “Submitter’s Rights Letter” (RC11-6)
Click HERE for FERC’s December 27, 2021 determination (RC13-6 with disclosed documents)
Click HERE for FERC’s December 28, 2021 determination (RC13-3 with disclosed documents)
Click HERE for FERC’s December 29, 2021 determination (RC13-10 with disclosed documents)
Click HERE for FERC’s January 4, 2022 determination (RC12-12 with disclosed documents)
Click HERE for FERC’s January 5, 2022 determination (RC12-14 with disclosed documents)
Click HERE for FERC’s January 7, 2022 “Submitter’s Rights Letter” (RC13-9)
Click HERE for FERC’s January 7, 2022 Notice of Intent to Release (RC13-8)
Click HERE for FERC’s January 10, 2022 Notice of Intent to Release (RC12-1)
Click HERE for FERC’s January 11, 2022 Notice of Intent to Release (RC12-6)
Click HERE for FERC’s January 13, 2022 determination (RC13-2 with disclosed documents)
Click HERE for FERC’s January 13, 2022 determination (NP13-23 with disclosed documents)
Click HERE for FERC’s January 13, 2022 determination (RC12-15 with disclosed documents)
Click HERE for FERC’s January 13, 2022 Notice of Intent to Release (RC11-6)
Click HERE for FERC’s January 14, 2022 “Submitter’s Rights Letter” (RC12-2)
Click HERE for FERC’s January 20, 2022 determination (RC12-6 with disclosed documents)
Click HERE for FERC’s January 20, 2022 determination (RC12-1 with disclosed documents)
Click HERE for FERC’s January 20, 2022 Notice of Intent to Release (RC13-9)
Click HERE for FERC’s January 21, 2022 determination (RC13-8 with disclosed documents)
Click HERE for FERC’s January 21, 2022 determination (RC13-5 Denial)
Click HERE for FERC’s January 25, 2022 determination (RC11-6 with disclosed documents)
Click HERE for FERC’s January 25, 2022 Notice of Intent to Release (RC12-2)
Click HERE for FERC’s January 28, 2022 determination (NP11-199 Denial)
Click HERE for FERC’s January 25, 2022 determination (RC13-9 with disclosed documents)
Click HERE for FERC’s January 25, 2022 determination (RC12-2 with disclosed documents)
FOIA 2019-0056 (FOIA for the objections to my FOIAs)
Click HERE for my March 15, 2019 FOIA to get the objections to my previous FOIAs
Click HERE for FERC’s April 26, 2019 “Notice of Intent to Release” Letter
Click HERE for FERC’s May 17, 2019 determination (with disclosed documents)
Click HERE for Trade Associations objections to my FOIAs (Filed with Docket NP19-4-000)
FOIA 2019-0061 (For alleged “agreement” between FERC and NERC)
Click HERE for my FOIA for the alleged “agreement” between FERC and NERC to withhold identities
Click HERE for FERC’s Response (no responsive documents – in other words, the industry lied)
FOIA 2018-0075 (for FERC Docket NP18-7-000)
Click HERE for my April 13, 2018 FOIA request to FERC
Click HERE for FERC’s May 25, 2018 denial letter
Click HERE for my June 16, 2018 FOIA appeal to FERC
Click HERE for August 2, 2018 letter from FERC
Click HERE for August 24, 2018 letter and disclosed documents from FERC
FOIA 2020-0043 (For FERC “URE” Dockets from August-December 2019)
Click HERE for my January 1, 2020 FOIA Request to FERC
Click HERE for FERC’s February 19, 2020 denial letter
Click HERE for my May 3, 2020 Appeal in FOIA 2020-0043
Click HERE for FERC’s June 16, 2020 appeal denial letter
FOIA 2021-0007 (For FERC “URE” Dockets from January-December 2020)
Click HERE for January 1, 2021 FOIA Request to FERC
Click HERE for FERC’s February 25, 2021 Initial Response Letter
FOIA 2021- (For FERC “URE” Dockets from January – July 2021)
Click HERE for August 2, 2021 FOIA Request to FERC
CIP Violation Database – Disclosed Names:
The following names have been disclosed as a result of my FOIA requests. Click on the “Docket” to go to the FERC file. Click on “Entity” to go to the FOIA disclosure documents.
CIP Violation Database – Docket Numbers
Note: There can be multiple entity names for some docket numbers. (Only the single entities are identified below. for multiples, see chart above.)
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