[Federal Register Volume 89, Number 153 (Thursday, August 8, 2024)]
[Notices]
[Pages 64906-64908]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-17490]


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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 ``Department of Energy (DOE) 
Inspector General Investigative Records Relating to the Federal Energy 
Regulatory Commission (FERC-48)''.

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 ``Department of Energy (DOE) Inspector 
General Investigative Records Relating to the Federal Energy Regulatory 
Commission (FERC-48)''.

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 nineteen 
(19) routine uses, including twelve new

[[Page 64907]]

routine uses, two of which 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; authority for maintenance of the system; 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 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:
    Department of Energy (DOE) Inspector General Investigative Records 
Relating to the Federal Energy Regulatory Commission (FERC-48).

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    Federal Energy Regulatory Commission, Chief Security Officer 
Directorate, Office of the Executive Director, 888 First Street NE, 
Washington, DC 20426.

SYSTEM MANAGER(S):
    Security Specialist, Chief Security Officer Directorate, Office of 
the Executive Director, Federal Energy Regulatory Commission, 888 First 
Street NE, Washington, DC 20426.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Public Law 95-452, as amended; 5 U.S.C. 401-424.

PURPOSE(S) OF THE SYSTEM:
    The system is used to collect and maintain records concerning FERC 
investigations and documentation on investigations conducted by the DOE 
Inspector General. FERC uses the system to manage referrals to and from 
DOE Inspector General; and to provide authorized assistance to lawful 
administrative, civil, counterintelligence, and criminal 
investigations.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    The following categories of individuals are covered by this system: 
present and former FERC employees, contractors, assignees, interns, 
visitors, and guests. In addition, persons who report concerns, 
witnesses, relatives, or parties who have been identified by DOE 
Inspector General for further investigation, and individuals with other 
relevant personal associations with FERC insider are covered by the 
system of records notice.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Records include: full name, title, office, type of violation, 
laptop assignment number, IP address, case name, time and attendance 
records, building access logs, contact information, correspondence 
relevant to the investigation; internal staff correspondence, subpoenas 
issued during the investigation, affidavits, statements from witnesses, 
transcripts of testimony taken in the course of the investigation and 
accompanying exhibits; documents and records or copies obtained during 
the investigation; working papers of the staff and other documents and 
records relating to the investigation; opening reports, progress 
reports and closing reports; and any other information gathered in the 
course of or relating to an inquiry, review, inspection, or 
investigation of a criminal, civil, or administrative nature.

RECORD SOURCE CATEGORIES:
    Records are obtained from (1) software that monitors FERC's user's 
activity on U.S. Government computer networks; (2) information supplied 
by individuals to FERC or by the individual's employer; (3) information 
provided to FERC to gain access to FERC facilities, information, 
equipment, networks, or systems; (4) publicly available information 
obtained from open source platforms, including publicly available 
social media; (5) any departmental records for which the individual has 
been granted authorized access to; (6) any federal, state, tribal, 
local government, or private sector records for which the individual 
has been given authorized access to; (7) individuals who are the 
subject of the investigation or inquiry, employer, law enforcement 
organizations, and detention facilities; (8) individuals including, 
where practicable, those to whom the information relates; (9) 
witnesses, corporations and other entities; (10) records of individuals 
and of the Commission; (11) records of other entities; (12) Federal, 
foreign, state or local bodies and law enforcement agencies; (13) 
documents, correspondence relating to litigation, and transcripts of 
testimony; and (14) miscellaneous other sources. FERC also receives 
tips and leads by other means, such as email or telephone.

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

[[Page 64908]]

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.
    13. Where there is an indication of a violation or a potential 
violation of law, whether civil, criminal or regulatory in nature, 
whether arising by general statute or particular program statute, or by 
regulation, rule or order issued pursuant thereto, the relevant records 
in the system of records may be referred to the appropriate agency, 
whether federal, foreign, state, or local, charged with enforcing or 
implementing the statute, or rule, regulation or order.
    14. To Federal, foreign, state, or local authorities in order to 
obtain information or records relevant to an Inspector General 
investigation.
    15. To Federal, foreign, state, or local governmental authorities 
maintaining civil, criminal, or other relevant enforcement information 
or other pertinent information to obtain information relevant to an 
agency decision concerning the hiring or retention of an employee, the 
issuance of a security clearance, the letting of a contract, or the 
issuance of a license, grant or other benefit.
    16. To Federal, foreign, state, or local governmental authorities 
in response to their request in connection with the hiring or retention 
of an employee, discriminatory or other administrative action 
concerning an employee, the issuance of a security clearance, the 
reporting of an investigation of an employee, the letting of a 
contract, or the issuance of a license, grant or other benefit by the 
requesting agency, to the extent that the information is relevant and 
necessary to the requesting agency's decision in the matter.
    17. To non-governmental parties where those parties may have 
information the Inspector General seeks to obtain in connection with an 
investigation.
    18. To independent auditors or other private firms with which the 
Inspector General has contracted to carry out an independent audit, or 
to collate, aggregate or otherwise refine data collected in the system 
of records.
    19. To respond to subpoenas in any litigation or other proceeding.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    Records are stored in electronic and paper format. Electronic 
records are stored on a restricted shared drive, and some records are 
in the individual's human resources file. Paper records are stored in 
lockable file room. Access to electronic records is controlled by the 
organizations Single Sign-On and Multi-Factor Authentication solution. 
Agency buildings and Data center buildings are guarded and monitored by 
security personnel, cameras, ID checks, and other physical security 
measures. Access to electronic and hard copy files is restricted to 
those individuals whose official duties require access.

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

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    Records are retained and disposed of in accordance with the 
schedule approved under the Department of Energy Administration Records 
Schedule 22: Audit/Investigative Records (October 2021, Rev. 4) 
available at https://www.energy.gov/sites/default/files/2023-01/ADM%2022%20Rev%204%20Oct%202021.pdf; and General Records Schedule 5.6: 
Security Management Records (March 2022), item 210-240 available at 
https://www.archives.gov/files/records-mgmt/grs/grs05-6.pdf.

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

CONTESTING RECORD PROCEDURES:
    See Record Access Procedures.

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

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

HISTORY:
    65 FR 21759 (April 24, 2000).

    Dated: August 1, 2024.
Debbie-Anne A. Reese,
Acting Secretary.
[FR Doc. 2024-17490 Filed 8-7-24; 8:45 am]
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