; and (ii) the date that is 21 days after the date on which the Secretary or Commission, as applicable, provides written notice to the eligible entity that submitted the request that the request is denied. (2) Effect (A) Effect of request for public disclosure The submission of a request to the Secretary or the Commission under subsection (b) after a request for public disclosure of the relevant information has been made shall not prejudice any decision with respect to whether the information should be designated as critical electric infrastructure information. (B) Effect of failure to timely act on submission If the Secretary or the Commission, as applicable, fails to grant or deny a request submitted under subsection (b) by the date that is 1 year after the date on which the request is submitted, the information that is the subject of the request shall be designated as critical electric infrastructure information for a period of 10 years beginning on the date on which the request is submitted. (3) Future information A submission to the Secretary or the Commission under subsection (b) may concern— (A) existing information; or (B) information that is expected to be created after the date of the submission, including any information that is expected to be created on a periodic or ongoing basis. (d) Responsibility for a defense An eligible entity for which the Secretary or the Commission, as applicable, has granted a request to designate certain information as critical electric infrastructure information under this section, or for which information has been designated as critical electric infrastructure information for a period of 10 years under subsection (c)(2)(B)— (1) shall not request that the Secretary or the Commission provide a defense against any claim for disclosure of the designated information; and (2) shall be entirely responsible for a defense, including by paying for a defense, against any claim for disclosure of the designated information under— (A) section 552 of title 5, United States Code