Privacy Act of 1974; System of Records, 77131-77133 [2024-21477]

Agencies

• DEPARTMENT OF ENERGY
• Federal Energy Regulatory Commission

[Federal Register Volume 89, Number 183 (Friday, September 20, 2024)]
[Notices]
[Pages 77131-77133]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-21477]


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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 Labor and Employee 
Relations Case Files (FERC-15)''.

DATES: Comments on this modified system of records must be received no 
later than 30 days after the 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 Labor and Employee Relations 
Case Files (FERC-15)''.

FOR FURTHER INFORMATION CONTACT: Mittal Desai, Chief Information 
Officer & Senior Agency Official for Privacy, Office of the Executive 
Director, Federal Energy Regulatory Commission, 888

[[Page 77132]]

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 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 Labor and Employee Relations Case Files (FERC-15).

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    Federal Energy Regulatory Commission, Workforce Relations Division, 
Office of the Executive Director, 888 First Street NE, Washington, DC 
20426.

SYSTEM MANAGER(S):
    Director, Workforce Relations Division, Office of the Executive 
Director, Federal Energy Regulatory Commission, 888 First Street NE, 
Washington, DC 20426.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    5 CFR parts 430, 432, 752, 771; 5 U.S.C. 7121.

PURPOSE(S) OF THE SYSTEM:
    The purpose of this system of records is to maintain data and 
records on labor and employee relations cases that may be used: to 
support progressive discipline actions, including in response to 
grievances; to support findings in inquiries into alleged workplace 
harassment; to support actions before other government entities such 
as, but not limited to, the Merit System Protection Board, Equal 
Employment Opportunity Commission, and the Federal Labor Relations 
Authority; to support actions in U.S. Federal District Court; and to 
support progressive discipline actions, and anti-harassment inquiries.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    The categories of individuals on whom records are maintained are 
FERC employees who are the subject of any one of the following actions: 
disciplinary/adverse action, performance-based action, and/or grievance 
or have filed a petition of inquiry into alleged workplace harassment.

CATEGORIES OF RECORDS IN THE SYSTEM:
    The categories of records maintained in the system include name, 
email address, telephone number, address, employee ID number, office, 
grade, signature, reference number, and various agency forms, decision 
documents, grievances, denials, appeals, requests for reconsideration, 
and briefs.

RECORD SOURCE CATEGORIES:
    Records are obtained from subject employee, supervisors, office 
directors, Workforce Relations Division Director, Workforce Relations 
Specialists, Office of the General Counsel staff, the Federal Labor 
Relations Authority, Equal Employment Opportunity Commission, and the 
Merit Systems Protection Board.

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.

[[Page 77133]]

    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 stored in paper and electronic format. Electronic 
records are stored on a SharePoint site within FERC's network. Data 
access is restricted to agency personnel whose responsibilities require 
access. Access to electronic records is controlled by the 
organization's Single Sign-On and Multi-Factor Authentication Solution. 
Paper records are stored in a lockable file cabinet. Access to the 
lockable file cabinet is badge-activated. Role based access is used to 
restrict 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 may be retrieved by the individual's name or by type of 
action.

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 Schedule:
    (1.) General Records Schedule (GRS) 2.3: Employee Relations 
Records, Item 050, DAA-GRS-2018-0002-0005. Temporary. Destroy 7 years 
after case is closed or final settlement on appeal, as appropriate, but 
longer retention is authorized if required for business use.
    (2.) General Records Schedule (GRS) 2.3: Employee Relations 
Records, Item 060, DAA-GRS-2018-0002-0006. Temporary. Destroy no sooner 
than 4 years but no later than 7 years (see note 2) after case is 
closed or final settlement on appeal, as appropriate.
    (3.) General Records Schedule (GRS) 2.3: Employee Relations 
Records, Item 080, DAA-GRS-2018-0002-0009. Temporary. Destroy after 3 
years of final resolution of case, but longer retention is authorized 
if required for business use.
    (4.) General Records Schedule (GRS) 2.3: Employee Relations 
Records, Item 090, DAA-GRS-2018-0002-0010. Temporary. Destroy after 3 
years of final resolution of case, but longer retention is authorized 
if required for business use.
    (5.) General Records Schedule (GRS) 2.3: Employee Relations 
Records, Item 100, DAA-GRS-2018-0002-0011. Temporary. Destroy 3 years 
after final resolution of case, but longer retention is authorized if 
required for business use.
    (6.) General Records Schedule (GRS) 2.3: Employee Relations 
Records, Item 110, DAA-GRS-2018-0002-0012. Temporary. Destroy 3 years 
after final resolution of case, but longer retention is authorized if 
required for business use.
    (7.) General Records Schedule (GRS) 2.3: Employee Relations 
Records, Item 111, DAA-GRS-2018-0002-0013. Temporary. Destroy 7 years 
after final resolution of case, 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 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 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 21743 (April 24, 2000).

    Dated: September 13, 2024.
Debbie-Anne A. Reese,
Acting Secretary.
[FR Doc. 2024-21477 Filed 9-19-24; 8:45 am]
BILLING CODE 6717-01-P