[Federal Register Volume 88, Number 152 (Wednesday, August 9, 2023)]
[Notices]
[Pages 53875-53877]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-16974]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission


Privacy Act of 1974; System of Records

AGENCY: Federal Energy Regulatory Commission (FERC), Department of 
Energy.

ACTION: Notice of a modified system of records.

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SUMMARY: In accordance with the Privacy Act of 1974, all agencies are 
required to publish in the Federal Register a notice of their systems 
of records. Notice is hereby given that the

[[Page 53876]]

Federal Energy Regulatory Commission (FERC) is publishing notice of 
modifications to an existing FERC System of records titled ``Commission 
Freedom of Information Act and Privacy Act Request Files'' (FERC 46).

DATES: Comments on this modified system of records must be received no 
later than 30 days after date of publication in the Federal Register. 
If no public comment is received during the period allowed for comment 
or unless otherwise published in the Federal Register by FERC, the 
modified system of records will become effective a minimum of 30 days 
after date of publication in the Federal Register. If FERC receives 
public comments, FERC shall review the comments to determine whether 
any changes to the notice are necessary.

ADDRESSES: Comments may be submitted in writing to Federal Energy 
Regulatory Commission, Office of External Affairs, 888 First Street NE, 
Washington, DC 20426, or electronically to [email protected]. Comments 
should indicate that they are submitted in response to Commission 
Freedom of Information Act and Privacy Act Request Files (FERC-46).

FOR FURTHER INFORMATION CONTACT: Mittal Desai, Chief Information 
Officer & Senior Agency Official for Privacy, Office of the Executive 
Director, Federal Energy Regulatory Commission, 888 First Street NE, 
Washington, DC 20426, (202) 502-6432.

SUPPLEMENTARY INFORMATION: The Freedom of Information Act (FOIA), 
enacted on July 4, 1966, is a statutory law requiring Federal agencies 
to provide, to the fullest extent possible, release of agency 
information to the public, except to the extent that such records (or 
portions of them) are protected from public disclosure by one of nine 
exemptions or by one of three special law enforcement record 
exclusions. The law provides individuals with a statutory right of 
access to certain Federal agency records.
    As required by the Privacy Act of 1974, notice is hereby given that 
the Commission is adding additional routine uses and expanding on the 
categories of records that FERC collects on individuals to an existing 
system of records entitled ``Freedom of Information Act and Privacy Act 
Request Files (FERC 46).'' This modification adds five (5) routine uses 
and expands on the categories of records collected to include email 
address, fax number, legal representation, guardian relationships. The 
current SORN has seven categories of Personally Identifiable 
Information (PII) that FERC's OEA collects as part of the Freedom of 
Information Act (FOIA) and Privacy Act (PA).

SYSTEM NAME AND NUMBER:
    Commission Freedom of Information Act and Privacy Act Request 
Files: FERC-46

SECURITY CLASSIFICATION:
    Unclassified

SYSTEM LOCATION:
    Federal Energy Regulatory Commission, Office of External Affairs, 
888 First Street NE, Washington, DC. 20426

SYSTEM MANAGER(S):
    FOIA Liaison, Office of External Affairs, Federal Energy Regulatory 
Commission, 888 First Street NE, Washington, DC 20426.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    The Privacy Act of 1974 (5 U.S.C. 552a); the Freedom of Information 
Act as amended (5 U.S.C. 552)

PURPOSE(S) OF THE SYSTEM:
    Records in this system of records are maintained for the purpose of 
processing an individual's record request made under FOIA and the 
Privacy Act. The proposed system of records will assist the Commission 
in carrying out its responsibilities under FOIA and the Privacy Act. 
The records maintained in the proposed system can originate in both 
paper and electronic format.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    The following categories of individuals are covered by this system: 
all individuals, including legal representatives/guardians, who have 
requested records from FERC under the provisions of FOIA and the 
Privacy Act; all individuals about whom information has been requested 
under FOIA or the Privacy Act; and all individuals whose information 
may otherwise be responsive to request for records under FOIA.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Commission records include all documents or records created or 
obtained by an agency of the government that are in FERC's possession 
and control at the time a FOIA request is received; and information 
maintained by FERC pursuant to a government contract for the purposes 
of records management. This system of records contains correspondence 
and other documents related to requests made by individuals to FERC for 
information under the provisions of FOIA, including request for review 
of initial denials of such requests; information covered under 
provisions of the Privacy Act; requests for review of initial denials 
of FOIA or Privacy Act requests; a requester's name telephone number, 
physical address, email address, fax number, request number, 
description of request, billing information, FOIA/PA tracking number; 
FOIA requests and appeals, responses to requests (including unredacted 
and redacted responsive records), determination of appeals, 
correspondence with requesters and with other persons who have 
contacted FERC in connection with requests or appeals.

RECORD SOURCE CATEGORIES:
    Records in the system are obtained from the following: requests and 
administrative appeals submitted by individuals and organizations 
pursuant to the FOIA and Privacy Act; FERC personnel and officials that 
process such requests and appeals.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    In addition to those disclosures generally permitted under 5 U.S.C. 
552a(b) of the Privacy Act, information maintained in this system may 
be disclosed to authorized entities outside FERC for purposes 
determined to be relevant and necessary as a routine use pursuant to 5 
U.S.C. 552a(b)(3) as follows:
    1. To appropriate agencies, entities, and persons when (1) FERC 
suspects or has confirmed that there has been a breach of the system of 
records; (2) FERC has determined that as a result of the suspected or 
confirmed breach there is a risk of harm to individuals, the Commission 
(including its information systems, programs, and operations), the 
Federal Government, or national security; and (3) the disclosure made 
to such agencies, entities, and persons is reasonably necessary to 
assist in connection with the Commission's efforts to respond to the 
suspected or confirmed breach or to prevent, minimize, or remedy such 
harm.
    2. To another Federal agency or Federal entity, when FERC 
determines that information from this system of records is reasonably 
necessary to assist the recipient agency or entity in (1) responding to 
a suspected or confirmed breach or (2) preventing, minimizing, or 
remedying the risk of harm to individuals, the recipient agency or 
entity (including its information systems, programs, and operations), 
the

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Federal Government, or national security, resulting from a suspected or 
confirmed breach.
    3. To a congressional office from the record of an individual in 
response to an inquiry from that congressional office made at the 
request of that individual.
    4. To the Equal Employment Opportunity Commission (EEOC) when 
requested in connection with investigations of alleged or possible 
discriminatory practices, examination of Federal affirmative employment 
programs, or other functions of the Commission as authorized by law or 
regulation.
    5. To the Federal Labor Relations Authority or its General Counsel 
when requested in connection with investigations of allegations of 
unfair labor practices or matters before the Federal Service Impasses 
Panel.
    6. To disclose information to another Federal agency, to a court, 
or a party in litigation before a court or in an administrative 
proceeding being conducted by a Federal agency, when the Government is 
a party to the judicial or administrative proceeding. In those cases 
where the Government is not a party to the proceeding, records may be 
disclosed if a subpoena has been signed by a judge.
    7. To the Department of Justice (DOJ) for its use in providing 
legal advice to FERC or in representing FERC in a proceeding before a 
court, adjudicative body, or other administrative body, where the use 
of such information by the DOJ is deemed by FERC to be relevant and 
necessary to the advice or proceeding, and such proceeding names as a 
party in interest: (a) FERC; (b) any employee of FERC in his or her 
official capacity; (c) any employee of FERC in his or her individual 
capacity where DOJ has agreed to represent the employee; or (d) the 
United States, where FERC determines that litigation is likely to 
affect FERC or any of its components.
    8. To non-Federal Personnel, such as contractors, agents, or other 
authorized individuals performing work on a contract, service, 
cooperative agreement, job, or other activity on behalf of FERC or 
Federal Government and who have a need to access the information in the 
performance of their duties or activities.
    9. To the National Archives and Records Administration in records 
management inspections and its role as Archivist.
    10. To the Merit Systems Protection Board or the Board's Office of 
the Special Counsel, when relevant information is requested in 
connection with appeals, special studies of the civil service and other 
merit systems, review of OPM rules and regulations, and investigations 
of alleged or possible prohibited personnel practices.
    11. To appropriate Federal, State, or local agency responsible for 
investigating, prosecuting, enforcing, or implementing a statute, rule, 
regulation, or order, if the information may be relevant to a potential 
violation of civil or criminal law, rule, regulation, order.
    12. To appropriate agencies, entities, and person(s) that are a 
party to a dispute, when FERC determines that information from this 
system of records is reasonably necessary for the recipient to assist 
with the resolution of the dispute; the name, address, telephone 
number, email address, and affiliation; of the agency, entity, and/or 
person(s) seeking and/or participating in dispute resolution services, 
where appropriate.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    Records are maintained in electronic and paper format. Electronic 
records are stored in computerized databases and/or on computer disc. 
Paper records and records on computer disc are stored in locked file 
rooms and/or file cabinets. In addition, all FERC employees and 
contractors with authorized access have undergone a thorough background 
investigation. Data access is restricted to agency personnel or 
contractors whose responsibilities require access. Access to electronic 
records is controlled by Personal Identity Verification (PIV) cards or 
multi-factor authentication and/or other network access or security 
controls. Role based access is used to restrict electronic data access 
and the organization employs the principle of least privilege, allowing 
only authorized users with access (or processes acting on behalf of 
users) necessary to accomplish assigned tasks in accordance with 
organizational missions and business functions.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Records are retrieved by the names of the individual requester, 
FOIA/PA tracking number, affiliation (where applicable), and subject.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    Records are retained in accordance with the applicable National 
Archives and Records Administration schedules, General Records Schedule 
(GRS) 4.2: Information Access and Protection Records Item 020. 
Temporary. Destroy six (6) years after final agency action or three (3) 
years after final adjudication by the courts, whichever is later, but 
longer retention is authorized if required for business use.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    See Policies and Practices.

RECORD ACCESS PROCEDURES:
    Individuals requesting access to the contents of records must 
submit a request through the Freedom of Information Act (FOIA) office. 
The FOIA website is located at: https://www.ferc.gov/foia. Requests may 
be submitted through the following portal: https://www.ferc.gov/enforcement-legal/foia/electronic-foia-privacy-act-request-form. 
Written requests for access to records should be directed to: Director, 
Office of External Affair, Federal Energy Regulatory Commission, 888 
First Street NE, Washington, DC 20426.

CONTESTING RECORD PROCEDURES:
    See Record Access Procedures.

NOTIFICATION PROCEDURES:
    Generalized notice is provided by the publication of this notice. 
For specific notice, see Records Access Procedure, above.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    During the course of reviewing a FOIA request, exempt materials 
from other systems of records may in turn become part of the case 
records. To the extent that copies of exempt records from those other 
systems of records are entered into this system of records, FERC hereby 
claims the same exemptions for the records from those other systems 
that are entered into this system, as claimed for the original primary 
systems of records of which they are a part. In addition, FOIA lists 
the following exemptions, which are provided in 5 U.S.C 552(b).

HISTORY:
    81 FR 61681

    Dated: August 2, 2023.
Kimberly D. Bose,
Secretary.
[FR Doc. 2023-16974 Filed 8-8-23; 8:45 am]
BILLING CODE 6717-01-P