Notice2024-11243
Privacy Act of 1974; System of Records
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
May 22, 2024
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 a notice of modifications to an existing FERC system of records titled "Commission Correspondence Records (FERC--51).
Full Text
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<title>Federal Register, Volume 89 Issue 100 (Wednesday, May 22, 2024)</title>
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[Federal Register Volume 89, Number 100 (Wednesday, May 22, 2024)]
[Notices]
[Pages 44973-44975]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="/cdn-cgi/l/email-protection#2454564d5245475d64424156470a434b52"><span class="__cf_email__" data-cfemail="87f7f5eef1e6e4fec7e1e2f5e4a9e0e8f1">[email protected]</span></a>. 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 <a href="https://www.archives.gov/files/records-mgmt/grs/grs04-1.pdf">https://www.archives.gov/files/records-mgmt/grs/grs04-1.pdf</a>.
2. Genera Records Schedule (GRS) 6.4: General Public Records, Item
010 available at <a href="https://www.archives.gov/files/records-mgmt/grs/grs06-4.pdf">https://www.archives.gov/files/records-mgmt/grs/grs06-4.pdf</a>.
3. Congressional Correspondence, State Files and Constituent
Records, N1-138-00-007, Item 16 available at <a href="https://www.archives.gov/files/records-mgmt/rcs/schedules/departments/department-of-energy/rg-0138/n1-138-00-007_sf115.pdf">https://www.archives.gov/files/records-mgmt/rcs/schedules/departments/department-of-energy/rg-0138/n1-138-00-007_sf115.pdf</a>.
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: <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 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
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</html>Indexed from Federal Register on May 22, 2024.
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.