Document 7 - Attachment 1
March 21, 2025
The Honorable Ktisti Noem Secretary of Homeland Security Washington, DC 20528
The Honorable Chris Wright Secretary of Energy Washington, DC 20024
Dear Secretaries Noem and Wright:
On behalf of the undersigned trade associations representing members of the electricity and oil and gas sectors, we are writing regarding the termination of federal advisory councils as directed by the President's Executive Order, Commencing the Reduction of the Federal Bureaucracy. As representatives of owners and operators of critical U.S. energy infrastructure, the associations would like to express the important role that Federal Advisory Committee Act (FACA) exemptions have in securing our nation's critical infrastructure and convey a desire to explore alternatives to Critical Infrastructure Partnership Advisory Council (CIPAC) authorities that will preserve these exemptions.
As you know, our associations and members participate in the CEO-led Electricity Subsector Coordinating Council (ESCC) and Oil and Natural Gas Subsector Coordinating Council (ONGSCC), which serve as the principal liaisons between the federal government and our respective industries on efforts to prepare for, and respond to, national-level disasters or threats to critical infrastructure.
Securing our nation's critical infrastructure requires that industry and government be able to share sensitive information and speak candidly before, during, and after major incidents. Conversations on security-related topics, like cybersecurity, often include details that could be leveraged by our adversaries if they were available to the public, as would be the case under FACA's open meetings requirements. Absent an exception to FACA, hostile state and non-state actors will be able to exploit transparency and sunshine laws to gain valuable information from meetings between government and sector coordinating councils that could be used to target domestic energy infrastructure. As such, FACA exemptions are essential authorities that allow critical infrastructure owners and operators to speak openly about security and resilience challenges without fear of public disclosure.
We understand the Administration's desire to reduce the number of federal advisory committees and agree with DHS's goal of reducing redundancies and inefficiencies associated with existing frameworks. We would like to work with the Administration to review existing authorities and identify the protections and provisions that are necessary to enable the sector coordinating councils to work effectively and efficiently with government agencies, including appropriate exceptions to FACA.
Secure, reliable, and affordable energy drives global competition and serves as the backbone for our national defense and economy, including winning the artificial intelligence race, strengthening domestic manufacturing, supporting advanced military capabilities, and achieving
Sierra Club v. Dept of Energy, 4:25-cv-5027
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energy dominance. Timely, open discussion between government and the private sector is critical for these efforts. We look forward to working with you to improve information sharing and collaboration and maintain a forum where we can engage directly with government leaders to ensure secure, reliable, and affordable energy for the American people.
Sincerely,
American Fuel & Petrochemical Manufacturers Association (AFPM) American Gas Association (AGA) American Petroleum Institute (API) American Public Gas Association (APGA) American Public Power Association (APPA) Edison Electric Institute (EEI) Energy Marketers of America (EMA) GPA Midstream International Association of Drilling Contractors (IADC) International Liquid Terminals Association (ILTA) Interstate Natural Gas Association of America (INGAA) Louisiana Midcontinent Oil & Gas Association (LMOGA) Liquid Energy Pipeline Association (LEPA) National Propane Gas Association (NPGA) National Rural Electric Cooperative Association (NRECA)
Sierra Club v. Dept of Energy, 4:25-cv-5027
SC_EVERSPLIT0021197