Notice2023-16974
Privacy Act of 1974; System of Records
Primary source
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Published
August 9, 2023
Issuing agencies
Energy DepartmentFederal Energy Regulatory Commission
Abstract
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 notice of modifications to an existing FERC System of records titled "Commission Freedom of Information Act and Privacy Act Request Files" (FERC 46).
Full Text
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<title>Federal Register, Volume 88 Issue 152 (Wednesday, August 9, 2023)</title>
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[Federal Register Volume 88, Number 152 (Wednesday, August 9, 2023)]
[Notices]
[Pages 53875-53877]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="/cdn-cgi/l/email-protection#68181a011e090b11280e0d1a0b460f071e"><span class="__cf_email__" data-cfemail="7707051e0116140e371112051459101801">[email protected]</span></a>. 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: <a href="https://www.ferc.gov/foia">https://www.ferc.gov/foia</a>. Requests may
be submitted through the following portal: <a href="https://www.ferc.gov/enforcement-legal/foia/electronic-foia-privacy-act-request-form">https://www.ferc.gov/enforcement-legal/foia/electronic-foia-privacy-act-request-form</a>.
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
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</html>Indexed from Federal Register on August 9, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.