Exemption 1: Protects information that is properly classified in the interest of national security pursuant to Executive Order 13526.

This exemption is not used by BPA.

Exemption 2: Protects information related solely to the internal personnel rules and practices of an agency.

This exemption is rarely invoked by BPA.

Exemption 3: Protects information exempted from release by statute.

Examples of information BPA may withhold under Exemption 3 include:  

• 16 U.S.C. § 824o-1 – Critical Electric Infrastructure Information. The term “critical electric infrastructure’’ means a system or asset of the bulk-power system, whether physical or virtual, the incapacity or destruction of which would negatively affect national security, economic security, public health or safety, or any combination of such matters.
  
• 16 U.S.C. § 470hh - The nature and location of archaeological resources. BPA may withhold the locations of sensitive cultural resource information belonging to tribes in BPA’s service area. 
  
• 41 U.S.C. § 4702 – Information from contractors who do business with BPA. The agency is required by statute to withhold:
  
  • Unsuccessful bidder submittal records.
    
  • Awarded submittal records if the awarded bidders submittal information was not incorporated into the awarded contracts. 
    
• 41 U.S.C. § 2102 - Contractor bid or proposal information or source selection information before the award of a procurement contract to which the information relates.
  

Exemption 4: Protects trade secrets and commercial or financial information obtained from a person which is privileged or confidential.

Examples of information BPA may withhold under Exemption 4 include:

• Commercially valuable formulas or other proprietary information not customarily released to the public entity from whom the information is obtained.
  
• Price information.

Before invoking Exemption 4, BPA provides a written submitter notice to the person who created the formation. This process may delay the response time, and we notify all FOIA requesters of our activities involving the submitter.

Exemption 5: Protects information that concerns communications within (intra-) or between (inter-) agencies that are protected by legal privileges.

Examples of information BPA may withhold under Exemption 5 include:

• Draft documents.
  
• Portions of emails discussing preliminary results, theories, hypotheses, thoughts, ideas, or suggestions on items to test or study.
• Attorney advice
  

Exemption 6: Protects information that would constitute a clearly unwarranted invasion of personal privacy of the individual(s) involved.

Examples of information BPA may withhold under Exemption 6 include:

• Signatures
  
• Dates of birth
  
• Home addresses
  
• Social Security Numbers
  

Exemption 7: Protects records or information compiled for law enforcement purposes if one of the following harms would occur.  Exemption 7 is not limited solely to law enforcement information; it also applies to administrative (i.e., regulatory) proceedings.

This exemption is not used by BPA.

Exemption 8: Information that concerns the supervision of financial institutions.

This exemption is not used by BPA.

Exemption 9: Geological and geophysical information and data, including maps, concerning wells (oil, gas and water). 

This exemption is rarely invoked by BPA.