Administrative Policies

The Privacy Act of 1974, as amended (5 U.S.C. § 552a), prohibits the disclosure without consent of information about individuals that the Federal government maintains in a system of records.

Agencies are required to give the public notice of their systems of records by publication in the Federal Register. You may access each System of Records Notice (SORN) that FERC publishes in the Federal Register by accessing the Privacy Compliance tab on the left. The Act also provides individuals with a means by which to seek access to and amendment of their records, although such requests are subject to exemptions as set forth in the Privacy Act. In addition, the Act allows individuals to bring suit against an agency for violating the Privacy Act.

If we store information about you in a system of records from which we retrieve that information by personal identifier (e.g., name, social security number, personal email address, home mailing address, personal or mobile phone number, etc.), we will safeguard your information in accordance with the Privacy Act. FERC adheres to Privacy Act requirements with respect to all information about individuals that it collects, maintains, uses, or disseminates in a system of records, regardless of whether the information pertains to a U.S. Citizen, lawful permanent resident, or a non-U.S. Citizen. However, the rights to seek access to and amendment of covered records, and to bring suit for alleged violations of the Privacy Act, only extend to U.S. citizens and legal permanent residents (as defined in 5 U.S.C. § 552a(a)(2)) and citizens of designated foreign countries or regional economic organizations (as defined under the Judicial Redress Act of 2015, 5 U.S.C. § 552a note).

As a general rule, FERC does not collect Personally Identifiable Information (PII) about you when you visit our website, unless you decide to provide such information to us. Submitting PII through our website is voluntary, and by doing so, you are giving FERC your permission to use the information for a specific, stated purpose. However, failure to provide certain information may result in the Commission’s inability to provide you with the service you desire.

If you choose to provide us with PII through the FERC website, by such methods as sending an email inquiry, registering for a FERC online service (e.g., electronic filing), or completing a FERC Online web application, we will use that information to help provide you the information or service you have requested. Required fields for FERC’s voluntary online forms are marked with an asterisk. If you do not fill out a required field, your request will not be processed. You automatically grant consent for use of this information when you enter the information online.

If we store your PII in a system of record designed to retrieve information about you by personal identifier (name, email address, home mailing address, personal or mobile phone number, etc.), so that we may contact you, we will safeguard the information you provide to us in accordance with the Privacy Act of 1974, as amended (5 U.S.C. § 552a). The Act requires all public-facing sites or forms that request PII to prominently display a privacy notice.

The FERC website and many of our programs allow you to correspond with us by email. We will use the information you provide to process your request or respond to your inquiry. Your email message may be forwarded to other Commission employees who are better able to help you. We will only send you general information via email. You should be aware that email is not necessarily secure against interception. Therefore, we suggest that you refrain from sending sensitive personally identifiable information (PII) (such as a social security number) to us through email.

Email does not constitute official communication with the Commission and is not normally entered into the public record of a formal Commission proceeding. However, email containing communication about a specific Commission proceeding, particularly if addressed to an individual Commission staff member, may be entered into the public record. Please read “Contact Us” for more information about how to communicate your needs properly, avoid impermissible ex parte communication, and ensure prompt service.

FERC does not share your email with any other outside organizations except if release is required by law, e.g., for authorized law enforcement investigations.

Electronic mail messages that meet the definition of records in the Federal Records Act (44 U.S.C. § 3301) are covered under the same disposition schedules as other Federal records. See 36 C.F.R. Part 1225. This means that emails you send us will be preserved and maintained for varying periods of time if those emails meet the definition of Federal records. Electronic messages that are not records are deleted when no longer needed.

When you visit or browse our website to read, print or download information, such as a filing or issuance, we do not collect your name, email, mailing address or similar identifying information without your knowledge. However, we will automatically collect and use certain information about your visit in the aggregate.

We automatically collect the following information about your visit:

• Domain from which you access the Internet;
• Internet Protocol (IP) address (an IP address is a number that is automatically assigned to a computer and establishes its location on the Internet and allows communications with other computers to send it content and other information);
• Type of Internet traffic associated with a specific IP address;
• Type of Internet traffic associated with a specific time or event;
• Type of technology used to access the website (such as the type of Internet browser and type of operating system;
• Date and time of a website visit;
• Content you visited or downloaded;
• The location associated with an event (such as apparent nation of origin); and,
• Website (such as google.com or bing.com) or referral source (email notice or social media site) that connected you to the website.

We use the above information to measure the number of visitors to the different pages of our website, assess system performance and to help us make the website more useful to our visitors.

The Office of Management and Budget (OMB) Memo M-10-22, Guidance for Online Use of Web Measurement and Customization Technologies  allows Federal agencies to use session and persistent cookies.

FERC uses web measurement and customization technologies, commonly known as “cookies,” to collect information about users’ visits to our site. When you visit the FERC website, our server may generate a “cookie” to place on your computer. Placing cookie text allows websites to “remember” visitors’ preferences, surging patterns and behavior while they are connected.

Cookies make it easier for you to use the dynamic features of webpages. Cookies from FERC.gov webpages only collect information about your browser’s visit to the site; they do not collet any personal information about you.

There are two types of cookies, single session (temporary), and multi-session (persistent). Session cookies last only as long as your Web browser is open. Once you close your browser, the cookies disappears. Persistent cookies are stored on your computer for longer periods.

Session Cookies: FERC uses “session cookies” also known as “Tier 1- single session web measurement and customization technologies,” to enable better navigation through our site. These cookies let our server know that you are continuing a visit to our site. These cookies do not collect personal information on users. Session cookies are stored in memory during an active browser session, and they are erased when you close your browser after visiting our website.

Persistent Cookies: FERC uses persistent cookies to differentiate between new and returning visitors to our site. Persistent cookies can remain on your computer between visits unless a user deletes them.

If you do not wish to have session or persistent cookies stored on your machine, you can opt out or disable cookies  in your browser. You will still have access to all information and resources at FERC. However, turning off cookies may affect the functioning of some Commission websites. Disabling cookies in your browser will affect cookie usage at all other websites you visit as well.

Google Analytics: FERC uses Google Analytics, a third-party analytics tool to collect and analyze anonymous statistical data. This data helps FERC meet user needs, understand web traffic patterns and identify opportunities to improve the quality of the site. FERC uses anonymous, aggregated data for internal purposes and discloses it to FERC employees and contractors who have a “need-to-know” in the performance of their official duties.

Google Analytics uses a persistent cookie to store a unique, randomly assigned identifier for each user. The persistent cookie remains on users’ computers for two years or until it is deleted. Additionally, Google Analytics uses session cookies to facilitate sending data to Google Analytics. Google Analytics does not receive Personally Identifiable Information (PII) through these cookies and does not combine, match, or cross-reference FERC.gov information with any other information. The data is automatically sent from your machine or device to the provider’s system which immediately aggregates that data.

By using this site, you are agreeing to security monitoring and auditing. For security purposes, and to ensure that the public service remains available to users, this government computer system employs programs to monitor network traffic to identify unauthorized attempts to upload or change information or to otherwise cause damage, including attempts to deny service to users

Unauthorized attempts to upload information and/or change information on any portion of this site are strictly prohibited and are subject to prosecution under the Computer Fraud and Abuse Act of 1986 and the National Information Infrastructure Protection Act of 1996 (see Title 18 U.S.C. §§1001 and 1030).

To ensure our website performs well for all users, FERC monitors the frequency of requests for FERC.gov content. We reserve the right to block Internet Protocol (IP) addresses that submit excessive requests.

Note that our policies are subject to change without notification to ensure this site performs efficiently and meet our mission statement.

FERC uses social media sites as information sharing tools to engage in discussion, share information and media, and collaborate with the public. Access to FERC’s social media sites are available at https://www.ferc.gov/. Your activity on these social media sites is governed by the security and privacy policies of the third-party sites. FERC does not control, moderate or endorse the comments or opinions provided by visitors to these sites. You should review the privacy policies of all websites before using them and ensure that you understand how your information may be used. You should also adjust privacy settings on your account on any third-party website to match your preferences.

If you have an account with a third-party website, and choose to follow, like, friend, or comment on a FERC page on the third-party website, certain personal information associated with your account may be made available to us based on the privacy policies of the third-party website and your own privacy settings within that website. We do not disclose Personally Identifiable Information (PII) made available through these websites, unless required for law enforcement purposes or by statute consistent with the Privacy Act.

FERC is committed to ensuring compliance with all privacy laws, regulations, and policies related to the protection of personally identifiable information (PII) entrusted to this Commission by its customers, the public and its employees. The Senior Agency Official for Privacy (SAOP) is responsible for maintaining agency-wide compliance with all applicable statutes, regulations, and policies regarding the creation, collection, use, processing, storage, maintenance, dissemination, disclosure, and disposal of PII.

The following is a summary of FERC’s privacy compliance process and documentation

Privacy Threshold Analysis (PTA)

FERC’s privacy compliance process begins with completing a PTA on all Federal Information Security Management Act (FISMA) reportable systems. A PTA is a required document that serves as the official determination as to whether a system, subsystem, component, or application has privacy implications and if additional privacy compliance documentations are required, such as a PIA and a SORN.

A PTA determines whether a FERC system collects, stores, maintains, shares, disseminates, retains or disposes of PII. Once it is determined a system collects PII, a PIA may be required.

Privacy Impact Assessment (PIA)

A PIA is a decision-making tool used to identify and mitigate privacy risks at the beginning of and throughout the system development life cycle. A PIA is a publically available document that informs the public about what PII FERC collects, why it’s collected, and how it will be used, stored, maintained, retained, disseminated, shared, disposed of, and secured.

Once the SAOP reviews the PTA questionnaire and determines a PIA is required, an individual from the CIO’s office will work collaboratively with the system owner to prepare a PIA.

To view the PIA for a FERC automated system listed below, click on the system name:

• Automated Acquisition Management Solution (AAMS) 
• eLibrary 
• FERC Enterprise Messaging System 2 (FEMS2) 
• FERC Online (FOL) 
• General Support System (GSS) 
• PeopleSoft PTA/PIA

System of Records Notice (SORN)

The Privacy Act of 1974, as amended, defines a system of records as a group of any records under the control of any Federal agency from which information is retrieved by a unique personal identifier, such as the name of the individual or by some identifying number, symbol, or other identifying distinction assigned to the individual. Records retrieved by a unique personal identifier, requires FERC to publish a SORN (formal notice) in the Federal Register, notifying the public about the purpose for which PII is collected, from whom it is collected, what type of PII is collected, how the PII is shared externally (through routine use(s)), and who to contact to access and amend records maintained by FERC. When a significant change occurs in a system of records, then, its SORN will need to be revised and republished in the Federal Register.

• List of FERC System of Records Notice (SORN)

Select the following FERC's exemptions to the Privacy Act

• FERC-58 – Critical Energy Infrastructure Information Records 
• FERC 59 – Enforcement Investigations 
• FERC 60 – Hotline Records 

Privacy Act Statement

The Privacy Act of 1974 (5 U.S.C. 552a) provides protection to individuals by ensuring that personal information collected by Federal agencies is limited to that which is legally authorized and necessary and is maintained in a manner that prohibits unwarranted intrusions on individual privacy.

Pursuant to 5 U.S.C. §552a(e)(3), agencies are required to provide what is commonly referred to as a Privacy Act statement to individuals prior to the collection of Personally Identifiable Information (PII) that will be entered into a system of records (i.e., information that will be stored and retrieved using the individual’s name or other personal identifier, such as a social security number).

• The Privacy Act (5 U.S.C. 552a) 
• Department of Justice Overview of the Privacy Act 
• The E-Government Act of 2002, Sec. 208 on Privacy Provisions 
• Office of Management and Budget (OMB) Circular No. A-130: Management Information as a Strategic 
• OMB Circular No. A-108: Federal Agency Responsibilities for Review, Reporting, and Publication under the Privacy Act 
• Policy for auditing FERC’s compliance with its Public Websites

A FERC employee:

Information and Communications

• May not disclose nonpublic information, including draft orders and internal discussions, to the public.
• Must follow the guidelines on Accessing and Handling Nonpublic Information.
• May not disclose the nature or the time of any proposed action by the Commission to anyone outside the Commission.
• Must adhere to the rules on prohibited off-the-record communications, including but not limited to, (1) not discussing the merits of a contested proceeding with anyone outside the Commission and (2) following the procedures for placing prohibited and exempt communications in the record.
• Must adhere to the rules on communications between decisional and non-decisional staff members.

Gifts

• May not accept (1) a gift from any person, company, or organization that is regulated by, does business before or with, or whose interests are otherwise affected by FERC, or (2) a gift given because of the employee's position at the agency.
• Such gifts include, but are not limited to, meals, transportation, lodging, and tickets, as well as free or reduced tuition or attendance at industry-sponsored events (seminars, conferences, receptions, etc.).
• This rule applies to any donor, not just regulated companies. It also applies to environmental site reviews.
• There are some exceptions. An employee may accept an unsolicited gift of $20 or less per source per occasion, subject to a $50 annual limit. An employee may generally not accept any other gift absent a determination from the Designated Agency Ethics Official (DAEO) that another exception applies. Note: an employee may not make that determination on his or her own. Also, absent a generic decision by the DAEO, permission that one employee may attend an event does not apply to anyone else unless so determined by the DAEO.
• May not accept reimbursement from an outside source for official travel without the DAEO's determination that such reimbursement is permitted under the law. That determination must be made before the scheduled travel; it may not be made retroactively.

Financial Matters

• May not work on any case in which he or she has a financial interest.
• May not own stock in a company that has FERC-regulated interests.
• Must file timely required financial disclosure statements.

Training

• Must attend required ethics training.

FERC Policy on Reasonable Accommodation:
It is FERC’s policy to comply fully with the reasonable accommodation requirements of the Rehabilitation Act of 1973. FERC will process requests for reasonable accommodation, and, where appropriate, provide reasonable accommodation in a prompt, fair, and efficient manner.
 

How to Make a Request for Reasonable Accommodation:
Contact the Disability Program Manager at Disability.Manager@ferc.gov or through the following:

Toll-free: 1-866-208-3372
TTY: 202-208-8659
Fax: 202-208-2106

Identify the specific accommodation you are requesting, and provide information on how to contact you. You may consult with the Disability Program Manager to obtain further information or assistance in connection with requesting or processing a request for reasonable accommodation.
 

Time Frames for Processing Requests and Providing Reasonable Accommodation:
FERC will process requests for reasonable accommodation and provide accommodations, where they are appropriate, in as short a time frame as reasonably possible. The request shall be processed and the accommodation, if granted, provided in no more than 30 business days from the date the Disability Program Manager receives the request, and sooner, if possible. Requests to provide expedited processing will also be considered in certain circumstances.
 

Granting a Reasonable Accommodation Request:
As soon as the Disability Program Manager determines that a reasonable accommodation will be provided, that decision will be immediately communicated to you in writing. If the accommodation cannot be provided within 30 business days, the Disability Program Manager will inform you, in writing, of the projected time frame for providing the accommodation and the reasons for delay.
 

Denial of Accommodation Request:
FERC will make every reasonable effort to accommodate your request. The Disability Program Manager may also offer an alternative means of access to allow you to use the information or data you have requested. However, as soon as the Disability Program Manager determines that it would impose an undue burden on the agency to provide the information or data through electronic or information technology, you will be notified in writing why your request has been denied, with a clear statement of the reasons for the denial. The notice will also explain FERC’s procedures available for informal dispute resolution.
 

Reconsideration:
Individuals with disabilities can request prompt reconsideration within 10 business days of a denial of reasonable accommodation, by contacting the Disability Program Manager. The requestor should include a statement and any new information. The Disability Program Manager will acknowledge receipt of the requestor’s reconsideration request within three (3) business days and forward the request to the EEOCR Director (“deciding official”). The deciding official will render a decision within twenty (20) business days of receipt of the reconsideration request absent extenuating circumstances.

Informal Resolution Process:

Employees and applicants are encouraged to participate in informal resolution processes available to address reasonable accommodation decisions. To request informal resolution, the requestor must email Disability.Manager@ferc.gov within three (3) business days of receiving the decision.  The Disability Program Manager will forward the request to the EEOCR Director, or a designated official not involved in processing the original request. The EEOCR Director will review the original materials included with the initial request. The EEOCR Director will either affirm or reverse the decision of the Disability Program Manager. Absent extenuating circumstances, the EEOCR Director shall render a decision within ten (10) business days. If the EEOCR Director reverses the decision, the Disability Program Manager shall grant the accommodation in accordance with this guidance. If the EEOCR Director affirms the decision, the Disability Program Manager shall promptly notify the requestor and provide a written response in accordance with this guidance.

The informal process does not affect the time frame for filing under the EEO procedures set forth at 29 CFR Part 1614 or under any other dispute resolution process.

EEO Complaint

To file an EEO complaint, the requestor must contact an EEO counselor within forty-five (45) calendar days from the date of receipt of the reasonable accommodation determination. The forty-five (45) calendar-day filing period may not be applicable where there is an unreasonable delay in making a decision regarding an accommodation and the applicant or employee files a challenge before the decision is made.

Collective Bargaining Claims

Bargaining unit employees may file a grievance in accordance with their applicable Collective Bargaining Agreement.

Merit System Protection Board (MSPB) Appeal

For adverse actions over which the MSPB has jurisdiction, initiate an appeal to the MSPB within thirty (30) calendar days of the appealable adverse action as defined in 5 C.F.R. §1201.3.

For more information on reasonable accommodation process, please email the Disability Program Manager at Disability.Manager@ferc.gov.

• Order No. 778 - Continuity of Operations Plan 
• Order No. 765 - Continuity of Operations Plan 
• Order No. 738 - Emergency Procedures 
• Order No. 680 - Emergency Procedures