[Federal Register Volume 89, Number 100 (Wednesday, May 22, 2024)]
[Notices]
[Pages 44973-44975]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-11243]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission


Privacy Act of 1974; System of Records

AGENCY: Federal Energy Regulatory Commission (FERC), DOE.

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 Federal Energy Regulatory 
Commission (FERC) is publishing a notice of modifications to an 
existing FERC system of records titled ``Commission Correspondence 
Records (FERC--51).

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, 888 First Street NE, Washington, DC 20426, or 
electronically to [email protected]. Comments should indicate that they 
are submitted in response to ``Commission Correspondence Records 
(FERC--51).''

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: In accordance with the Privacy Act of 1974, 
and to comply with the Office of Management and Budget (OMB) Memorandum 
M-17-12, Preparing for and Responding to a Breach of Personally 
Identifiable Information, January 3, 2017, this notice has twelve (12) 
new routine uses, including two routine uses that will permit FERC to 
disclose information as necessary in response to an actual or suspected 
breach that pertains to a breach of its own records or to assist 
another agency in its efforts to respond to a breach that was 
previously published separately at 87 FR 35543 (June 10, 2022).
    The following sections have been updated to reflect changes made 
since the publication of the last notice in the Federal Register: 
dates; addresses; for further contact information; system location; 
system manager; purpose of the system; categories of individuals 
covered by the system; categories of records in the system; record 
source categories; routine uses of records maintained in the system, 
including categories of users and the purpose of such; policies and 
practices for storage

[[Page 44974]]

of records; policies and practices for retrieval of records; policies 
and practices for retention and disposal of records; administrative, 
technical, physical safeguards; records access procedures; contesting 
records procedures; notification procedures; and history.

SYSTEM NAME AND NUMBER:
    Commission Correspondence Records (FERC--51).

SECURITY CLASSIFICATION:
    Unclassified.

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

SYSTEM MANAGER(S):
    Office Administrative Coordinator, Congressional Affairs Division, 
Office of External Affairs, Federal Energy Regulatory Commission, 888 
First Street NE, Washington, DC 20426.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    42 U.S.C. 7172.

PURPOSE(S)
    The purpose of this system of records is to process incoming and 
outgoing correspondence; to maintain records of correspondences between 
the Commission and Congress, State and Local Officials, other Federal 
Officials, constituents, vendors, and members of the public; and to 
maintain a tracking system to ensure responses are completed in a 
timely manner and are forwarded to the appropriate offices.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM
    The categories of individuals covered by the system are: members of 
the United States Congress, Congressional constituents who have 
requested information from the Commission, State and Local Officials, 
other Federal Officials, vendors, and members of the public who send 
correspondence to or receive correspondence from the Commission.

CATEGORIES OF RECORDS IN THE SYSTEM
    The categories of records in the system include: name, address, 
email address, log/control number, telephone number, office, date, 
signature, title, company name and contact information (such as company 
address, company website, company telephone number), description, and 
type of request, docket number, tracking information, and incoming and 
outgoing correspondence. On rare occasions, the Commission receives 
correspondence that includes constituents' personal information such as 
social security numbers.

RECORD SOURCE CATEGORIES
    Records are obtained from corresponding Senators, Representatives 
and Congressional constituents, State and Local Officials, other 
Federal Officials, vendors, members of the public and Commission staff 
who prepare responses and correspondence.

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 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

[[Page 44975]]

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 stored electronically on a SharePoint site, a shared 
drive, and an activity tracking management system. The Commission 
occasionally receives paper records. Paper records are scanned upon 
receipt and destroyed. Access to electronic records is controlled by 
the organizations Single Sign-On and Multi-Factor Authentication 
solution. Access is restricted to those individuals whose official 
duties require access.

POLICIES AND PRACTICES FOR THE RETRIEVAL OF RECORDS:
    Records are retrieved by name and log number.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    Records are retained in accordance with the applicable National 
Archives and Records Administration schedules, with the following 
applicable General Records Schedules:
    1. General Records Schedule (GRS) 4.1: Records Management Records, 
Item 010 available at https://www.archives.gov/files/records-mgmt/grs/grs04-1.pdf.
    2. Genera Records Schedule (GRS) 6.4: General Public Records, Item 
010 available at https://www.archives.gov/files/records-mgmt/grs/grs06-4.pdf.
    3. Congressional Correspondence, State Files and Constituent 
Records, N1-138-00-007, Item 16 available at https://www.archives.gov/files/records-mgmt/rcs/schedules/departments/department-of-energy/rg-0138/n1-138-00-007_sf115.pdf.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    See Policies and Practices for Storage of Records.

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 Affairs, Federal Energy Regulatory Commission, 888 
First Street NE, Washington, DC 20426.

CONTESTING RECORD PROCEDURES:
    See Records 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:
    None.

HISTORY:
    65 FR 21761 (April 24, 2000).

    Dated: May 16, 2024.
Debbie-Anne A. Reese,
Acting Secretary.
[FR Doc. 2024-11243 Filed 5-21-24; 8:45 am]
BILLING CODE 6717-01-P