Federal Energy Regulatory Commission (FERC) 

Chief Freedom of Information Act Officer Report 

Chief FOIA Officer - Julia Bovey 

March 15, 2010 

I. Steps Taken to Apply the Presumption of Openness

1. Describe below the steps your agency has taken to ensure that that 

presumption is being applied to all decisions involving the FOIA. This section 

should include a discussion of the range of steps taken by your agency to 

apply this presumption, from publicizing the President's FOIA Memorandum 

and Attorney General's FOIA Guidelines and providing training on them, to 

implementing the presumption in response to FOIA requests and 

administrative appeals, with examples or statistics illustrating your agency's 

action in making discretionary releases of records or partial releases when full 

disclosure is not possible. 

President Obama’s FOIA Memorandum and Attorney General Holder’s FOIA Guidelines 

have been posted to the FERC web page as an indicator to members of the public that 

FERC embraces the spirit of these directives wholeheartedly. The Chief FOIA Officer 

implemented mandatory training for all FERC employees to emphasize the important role 

of each employee in the FOIA process. Each employee was provided with copies of the 

directives and advised that they must be attentive, conduct extensive searches and were 

reminded that we are bound by timelines that are imposed by FOIA Statutory regulations. 

Staff was advised that documents relating to Exemption 5 material would only be 

withheld in instances when “foreseeable harm” is a factor. 

During FY2009 three partial releases and one full discretionary release were made of 

Exemption 5 material. The determination regarding the full release was based upon the 

fact that the material was dated in 1982 and no reasonable expectation of foreseeable 

harm could be justified. During FY2008 five requests were withheld in full based upon 

Exemption 5 material. 

Internal processing procedures were amended to involve each Office Director in the 

FOIA process. Office Directors are now notified of each request that is sent to their 

Department and are required is provide their signature indicating that they are aware of 

the responsive material that has been provided for the request. 

2. Report whether your agency shows an increase in the number of requests 

where records have been released in full or where records have been released 
in part when compared with those numbers in the previous year's Annual 

FOIA Report. 

A comparison of the statistics in FERC’s FY2008 and FY2009 Annual FOIA 

report do not indicate an increase the number of documents that were released in 

full. However it does indicate that 24% of requests were partially granted in 

FY2009. This is a 3% increase over the number of requests that were partially 

granted in FY2008. While the Commission has always strived to be transparent 

and make as many releases as possible, this increase can be directly attributed to 

FERC’s more focused efforts to evaluate documents that contain Exemption 5 

material. FERC now routinely takes the age of the material into consideration 

when rendering a determination regarding the release of documents. 

Breakdown of disclosures: 

FY2008: Full - 39 Partial - 21 

FY2009 - Full - 23 Partial - 27 

II. Steps Taken to Ensure that Your Agency has an Effective System for 

Responding to Requests

Daily briefings are conducted with the Chief FOIA Officer to discuss new requests, 

upcoming timelines and other pertinent FOIA issues. 

FERC currently has an effective system in place to process and respond to FOIA 

requests. This includes having an online FOIA request form on our webpage. Requests 

may also be submitted via e-mail, fax and mail. All incoming requests are reviewed by 

the FOIA Liaison for the agency to ensure that it is a proper request. When necessary, 

the requester is contacted to clarify or provide additional information regarding the 

request. In instances when requesters have provided specific information, such as a 

document accession number, company name, docket number or date, the FOIA Liaison 

will conduct a preliminary search in the FERC E-Library to confirm that the material can 

only be obtained through the FOIA process. If the material is identified as public 

material, the requester is notified via e-mail and provided a link to the material. If the 

request is a valid FOIA request, a record is created in the Microsoft Access database. 

The database is also used to assign a unique tracking number. The request is sent via email to the appropriate search office. Several enhancements have been added to this 

process which includes utilizing an additional agency database, the Activity Management 

Tracking System (ATMS), to properly identify the appropriate office and also requiring 

that the Office Director be notified via e-mail of each new request. The request is 

forwarded via e-mail to the FOIA point of contact for the search office and the review 
office. The search office is directed to provide responsive material and a 

recommendation within three business days along with a cover memo that must signed by 

the Office Director. Responsive documents are provided to the FOIA Liaison for a 

quality review. The FOIA package is then provided to the Office of General Counsel, 

General Administrative Law, for legal review. Upon completion of an extensive review 

the GAL staff prepares notifications to submitters of responsive material, prepare 

redactions, as necessary and provide recommendations regarding the release of 

documents and advise Chief FOIA Officer of applicable FOIA exemptions. The Chief 

FOIA Officer conducts a final review of the FOIA package and meets with GAL staff to 

discuss requests, as necessary. The FOIA Liaison completes the processing of each 

request by sending information to via e-mail, sending a hard copy or DVD to the 

requester via the U.S. Postal Service. During FY2009 approximately 50% of the responsive 

material was provided electronically to requesters. We continue to strive to increase the amount 

of material that we provide to requesters in electronic format and then add documents to the 

FERC webpage. 

 

III. Steps Taken To Increase Proactive Disclosures

In an effort to increase proactive disclosures FERC has posted many documents of 

interest on the FERC webpage. The list below is a partial listing of material that has been 

posted since January 1, 2009. 

 FERC staff publishes a special 2010 edition of The FERC ADR News Newsletter 

 FERC approves settlement on FRCC’s role in Florida Blackout News Release | Order

 Item E-4: FERC explores efficient integration of renewables into the grid News Release | 

Chairman's Statement | Commissioner's Statement: Moeller's and Spitzer's | NOI

 » Visit our Renewable Energy section 

 Item E-3: FERC seeks information on broader transparency in electric markets News 

Release | NOI

 » Visit our EQR section 

 Item M-1 and M-2: FERC makes enforcement process transparent, accessible to public 

News Release | Chairman's Statement | Commissioner's Statement: Kelly's, Moeller's and 

Spitzer's | Decision M-1 | Policy Statement M-2

 » Visit our Enforcement section 

 2009 Report on Enforcement

 Items G-3, G-4, G-5: FERC launches investigations into pipeline rates News Release | 

Chairman's Statement | Chairman's Statement | Decisions: G-3 , G-4 and G-5
 Item E-27: FERC approves stimulus financing arrangement for Montana-Alberta tie News 

Release | Decision

 FERC clears reliability penalty orders News Release | Notice | Decision

 FERC approves settlement, $25 million fine for FPL's 2008 Blackout News Release | 

Decision

 FERC approves record $30 million settlement in ETP market manipulation case News 

Release | Settlement | Notice of Settlement

 Item E-1: FERC acts to expand demand response with new measurement standards News 

Release | NOPR

 » Visit our Demand Response section 

 FERC signs agreement with India's Central Electricity Regulatory Commission News 

Release | MOU

 State of the Markets 2008 Report

 FERC, Maine sign first East coast hydrokinetics agreement News Release | MOU 

 FERC approves $7.5 million civil penalty in Amaranth case News Release | Decision

 Item E-3: FERC adopts policy for development of Smart Grid News Release | Chairman's 

Statement | Commissioner's Statement: Kelly's and Spitzer's | Policy Statement

 » Visit our Smart Grid Section 

 FERC orders NYISO, neighboring markets to develop loop flow solutions News Release | 

Decision

 New FERC study assesses state-by-state potential for demand response News Release | 

Chairman's Statement | Commissioner's Statement: Kelly's, Moeller's and Spitzer's | 

Presentation | Report Visit our National Assessment of Demand Response Potential

Section 

 FERC, Washington sign MOU for Hydrokinetic Energy Projects News Release | MOU

 Item E-33: FERC approves funding plan for major international transmission project News 

Release | Chairman's Statement | Commissioner's Statement: Moeller's and Spitzer's | 

Decision

 Secretary Salazar, FERC Chairman Wellinghoff sign agreement to spur renewable energy on 

the U.S. Outer Continental Shelf News Release | MOU

The FERC e-library is a database on our webpage that provides a listing of all filings and 

submittals for proceedings. It provides access to over two million documents with over 10 

million pages that have been archived over more than 20 years. It contains electronic versions of 
documents issued by FERC from 1989 to present, microfilm of documents for 1981 to 1995, 

native files electronically submitted from November 2000 to present. Members of the public can 

readily access public material in the e-library. http://www.ferc.gov/docs-filing/elibrary.asp

The FERC webpage includes grouping by various industries, new releases, Policy Statements, 

Memorandums of Understanding, Staff reports, Federal Statutes, Major Orders and Regulations, 

settlements, and court cases. http://www.ferc.gov/

Members of the public may also register and sign up for eSubscription to receive real time 

notification of issuances, filings, news releases and correspondence in docketed proceedings at 

FERC. http://www.ferc.gov/docs-filing/esubscription.asp

IV. Steps Taken To Greater Utilize Technology

1. Does your agency currently receive requests electronically. 

Yes, requests can be submitted by utilizing the FERC online FOIA request form: 

http://www.ferc.gov/legal/ceii-foia/foia/efoia.asp

Or requests can be submitted via e-mail by sending requests to: 

FOIA-CEII@ferc.gov

2. If not, what are the current impediments to your agency establishing a 

mechanism to receive requests electronically. 

N/A

3. Does your agency track requests electronically. 

Yes. However, we have negotiated a contract with FOIA Public Tracker. This FOIA 

software will permit FERC to conduct electronic tracking and other FOIA tasks more 

efficiently. 

4. If not, what are the current impediments to your agency utilizing a system to 

track requests electronically. 

N/A

5. Does your agency use technology to process requests. 

Yes. Redactions are currently being made utilizing Adobe redactions software and 

manually. FERC is currently utilizing Microsoft Access to track FOIA requests. 

However, we have negotiated a contract with FOIA Public Tracker that will greatly 

enhance our ability to process requests electronically. 
6. If not, what are the current impediments to your agency utilizing technology 

to process requests. 

N/A

7. Does your agency utilize technology to prepare you agency Annual FOIA 

Report. 

Yes. We currently use Microsoft Access database and convert the data into Excel 

spreadsheets to prepare statistics for the Annual FOIA report. We have negotiated a 

contract with FOIA Public Tracker that will provide software to automate the creation of 

the Annual report. 

8. If not, what are the current impediments to your agency utilizing technology 

in preparing your Annual FOIA Report. 

N/A 

V. Steps Taken to Reduce Backlogs and Improve Timeliness in Responding to 

Requests

1. If you have a backlog, report here whether your backlog is decreasing. That 

reduction should be measured both in terms of the numbers of backlogged 

requests and administrative appeals that remain pending at the end of the 

fiscal year, and in terms of the age of those requests and appeals. 

FERC had no backlog of requests or appeals for FY2008 or FY2009. 

2. If there has not been a reduction in the backlog describe why that has 

occurred and what steps your agency is taking to bring about a reduction. 

N/A

3. Describe the steps your agency is taking to improve timeliness in 

responding to requests and to administrative appeals. 

FERC is continuing its efforts to offer agency wide training to convey the importance of 

providing responsive documents in a timely manner. All submitters are notified of FOIA 

requests via e-mail, as well as regular mail, and are strongly encouraged to provide 

responses within five business days via e-mail.