Privacy Act of 1974; System of Records, 36308-36310 [2023-11766]

Agencies

• DEPARTMENT OF ENERGY
• Federal Energy Regulatory Commission

[Federal Register Volume 88, Number 106 (Friday, June 2, 2023)]
[Notices]
[Pages 36308-36310]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-11766]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission


Privacy Act of 1974; System of Records

AGENCY: Federal Energy Regulatory Commission, Department of Energy.

ACTION: Notice of a modified system of records.

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SUMMARY: As required by the Privacy Act of 1974, notice is hereby given 
that the Federal Energy Regulatory Commission (FERC) is amending the 
system of records entitled ``FERC-62, Public Information Request'' by 
revising the System Location; System Manager; Purpose; Categories of 
Individuals; Categories of Records; Record Source

[[Page 36309]]

Categories; Policies and Practices for Retrieval of Records; and 
Administrative, Technical, and Physical Safeguards. FERC is publishing 
the system notice in its entirety.

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 Public Information Request. (FERC-62).

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 changes are made to reflect combining 
SORN FERC 61--Requests for Commission Publications and Information with 
this SORN and to include records collected through surveys. The notice 
is also being modified to add 11 new routine uses, including two 
prescribed routine uses that will permit FERC to disclose information 
as necessary in response to an actual or suspected breach of its own 
records or to assist another agency in its efforts to respond to a 
breach.

SYSTEM NAME AND NUMBER:
    Public Information Request (FERC-62).

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    Federal Energy Regulatory Commission, Offices of External Affairs 
and Public Participation, Office of the Executive Secretary, 888 First 
Street NE, Washington, DC 20426.

SYSTEM MANAGER(S):
    Federal Energy Regulatory Commission, 888 First Street NE, 
Washington, DC 20426.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    5 U.S.C. 302, 18 CFR 388.104 and 18 CFR 388.106.

PURPOSE(S) OF THE SYSTEM:
    To allow FERC to track information requests; to monitor status of 
public inquiries and average turn-around times for processing requests; 
to provide statistics to management on services provided; to identify 
trends in types of information being requested; to determine whether 
the responses to individual requesters were sufficient; to monitor 
trends in the volume of inquiries submitted to FERC based on assessed 
categories; and to enhance customer service by FERC staff and improve 
the types and quality of educational and informational materials 
available for distribution to the public.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Members of the general public, FERC staff, including FERC employees 
and contractors, Federal, State and local governments, Tribes, 
regulated entities, and public and private interest groups.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Name, address, affiliation, telephone number, email address, 
company, description of information being requested, receipt of 
request, completion dates, resolution of the request, and method of 
payment.

RECORD SOURCE CATEGORIES:
    Members of the general public, FERC staff, including FERC employees 
and contractors, Federal, State and local governments, tribes, 
regulated entities, and public and private interest groups.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND 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 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, 
Tribe, 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

[[Page 36310]]

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 Office of Personnel Management rules and 
regulations, and investigations of alleged or possible prohibited 
personnel practices.
    11. To appropriate Federal, State, Tribe, 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 stored in paper (assorted documents) or electronic 
media. Data center buildings are guarded and monitored by security 
personnel, cameras, ID checks, and other physical security measures. 
Physical access to the server rooms is limited to authorized personnel 
only. Records are maintained in lockable file cabinets in a lockable 
room with access limited to those employees whose official duties 
require access; servers are stored in secured facilities in cipher 
locked server rooms. Computer data is secured by password. The system 
is secured with the safeguards required by FedRAMP and NIST SP 800-53.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Records are retrieved by date, name, company name, email address, 
telephone number or address.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    Records are retained under the National Archives and Records 
Administration's General Records Schedule 4.2: Information Access and 
Protection Records; Disposition Authority: DAA-GRS-2013-0007-0001: 
Temporary. Destroy when 90 days old, but longer retention is authorized 
if required for business use.

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 Office of External Affairs. The Freedom of 
Information Act website is located at https://ferc.gov/freedom-information-act-foia-and-privacy-act. Requests may be submitted by 
email to [email protected]. 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:
    None.

HISTORY:
    The previous Federal Register notice citation is 79 FR 17533.

    Issued: May 26, 2023.
Kimberly D. Bose,
Secretary.
[FR Doc. 2023-11766 Filed 6-1-23; 8:45 am]
BILLING CODE 6717-01-P