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[Federal Register Volume 89, Number 225 (Thursday, November 21, 2024)]
[Notices]
[Pages 92117-92119]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-27163]

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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 (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 Investigation Files 
(FERC-24)'' previously titled ``Commission Miscellaneous Investigation 
File.''

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 ``Commission Investigation Files (FERC-
24).''

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, [email protected], (202) 502-6432.

SUPPLEMENTARY INFORMATION: In accordance with the Privacy Act of 1974, 
FERC is updating this notice and republishing it in its entirety. This 
notice has one new routine use, routine use 12, and changes to routine 
uses 6, 9, 11, and 13. In addition, FERC is amending the following 
sections to reflect changes made since the publication of the last 
notice in the Federal Register: dates; addresses; for further 
information contact; system

[[Page 92118]]

name; system manager(s); purpose(s) of the system; categories of 
individuals covered by the system; categories of records in the system; 
records source categories; policies and practices for storage of 
records; policies and practices for retention and disposal of records; 
administrative, technical, and physical safeguards; records access 
procedures; contesting records procedures; notification procedures; 
exemptions promulgated for the system; and history.

SYSTEM NAME AND NUMBER:
    Commission Investigation File (FERC-24).

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    Federal Energy Regulatory Commission, Office of the Executive 
Director, Chief Human Capital Officer (CHCO), Workforce Relations 
Division, 888 First Street NE, Washington, DC 20426.

SYSTEM MANAGER(S):
    Director, Workforce Relations Division, Chief Human Capital Officer 
(CHCO), Office of the Executive Director, Federal Energy Regulatory 
Commission, 888 First Street NE, Washington, DC 20426, (202) 502-6475.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    The Rehabilitation Act, 29 U.S.C. 791 et. seq.
    Title VII of the Civil Rights Act, 42 U.S.C. 2000e et. seq.
    Executive Order 13164.
    Executive Order 13991.
    29 CFR part 1614--Federal Sector Equal Employment Opportunity.
    5 CFR part 735--Employee responsibilities and conduct.

PURPOSE(S) OF THE SYSTEM:
    The purpose of the system is to maintain documentation on internal 
investigations that require collection of information by management to 
process requests and/or render decisions in accordance with applicable 
law, rule, or regulations. This may include, among other 
considerations, documentation related to requests for reasonable 
accommodation, medical or religious accommodation, religious 
compensatory time off; documentation for administrative investigations 
related to anti-harassment allegations, ethical violations, and other 
allegations of misconduct; as well as documentation to render decisions 
and appeals stemming from any other type of investigation conducted 
internally.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    The categories of individuals on whom records are maintained are: 
(1) employees requesting exception to agency policy, adjustment to the 
job or adjustment to the work environment under applicable law, rules 
or regulations; (2) employees petitioning for informal inquiry into 
allegations of workplace harassment or other misconduct that are not 
covered under Title VII, employees that are the subject of such 
allegations, or employees with knowledge of such allegations; (3) 
employees' beneficiaries and dependents; (4) employees with members of 
the public such as contractors and business entities; (5) applicants 
and members of the public requesting reasonable accommodation; (6) 
attorneys representing litigants; and (7) other litigants.

CATEGORIES OF RECORDS IN THE SYSTEM:
    The categories of records maintained in the system include name, 
employee ID number; contact information (such as address, email 
address, and telephone number); signature; role; office; formal reports 
of inquiry and supporting documentation; records of actions taken 
resulting from the inquiry and supporting documentation for the inquiry 
and the response; medical forms; medical documents; documentation from 
healthcare providers; religious affiliation information; pleadings; 
opinions; briefs; decisions; type of accommodation; determination of 
the accommodation, which includes name, date, and signature; other 
related supporting documents; and evidentiary and non-evidentiary 
information relating to a case or controversy in an administrative or 
litigation proceeding.

RECORD SOURCE CATEGORIES:
    Records are obtained from employees; contractors; supervisors; 
office directors; Office of the General Counsel staff; Workforce 
Relations Division Director; and/or Workforce Relations Specialists. 
Records are derived from information supplied by the employee; or 
created by management officials to summarize findings and/or develop 
recommendations for action.

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 (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,

[[Page 92119]]

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 Office of Personnel Management (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.
    13. To Office of Personnel Management (OPM) and Government 
Accountability Office (GAO) during the course of on-site inspections or 
human resources audits.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    Records are maintained in paper or electronic format. Electronic 
records are stored on a Shared Drive. Access to electronic records is 
controlled by the organization's Single Sign-On and Multi-Factor 
Authentication solution. Paper records are maintained in lockable file 
cabinets in a lockable room. 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. Access to electronic and paper records is 
restricted to those employees whose official duties require access.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Records may be retrieved by employee's name or employee ID number.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    Records are retained and disposed of in accordance with the 
schedule approved under the National Archives and Records 
Administration's General Records' Schedule 2.3: Employee Relations 
Records--as follows:
     Item 010: Disposition Authority: DAA-GRS2022-0001-0001. 
Temporary. Destroy when 3 years old, but longer retention is authorized 
if required for business use.
     Item 020: Disposition Authority: DAA-GRS2022-0001-0002. 
Temporary. Destroy 3 years after employee separation from the agency or 
all appeals are concluded, whichever is later, 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:
    This system of records is exempted from certain provisions of the 
Privacy Act under Exemption 2 of the Freedom of Information Act which 
exempts from mandatory disclosure records that are ``related solely to 
the internal personnel rules and practices of an agency. The exemptions 
claimed for this system are pursuant to 5 U.S.C. 552a(k)(2).

HISTORY:
    65 FR 21748 (April 24, 2000); 86 FR 64923 (November 19, 2021).

    Dated: November 14, 2024.
Carlos D. Clay,
Acting Deputy Secretary.
[FR Doc. 2024-27163 Filed 11-20-24; 8:45 am]
BILLING CODE 6717-01-P
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