Freedom of Information Act (FOIA)

Freedom of Information Act (FOIA)

The Federal Energy Regulatory Commission administers policies, programs, and procedures to ensure compliance with the Freedom of Information Act (FOIA) , 5 U.S.C. § 552, and the Privacy Act (PA), 5 U.S.C. § 552a, as amended.

Under FOIA any person has the right to request public access to federal agency records or information. The agency must release the records upon receiving a written request unless the records fall within the nine exemptions and three exclusions outlined in the Act.

The PA is a companion to the FOIA, which establishes a presumption that any person has the right to request access to records in the possession of the Executive Branch of the Federal Government. The PA and the FOIA have different procedures and exemptions. Consequently, information that is exempt from disclosure under one Act may be disclosable under the other. The PA allows individuals to learn how the Federal Government collects, maintains, uses, and disseminates records containing personal information. It also safeguards confidentiality by limiting or restricting disclosure of personally identifiable records maintained by Federal agencies. The PA allows individuals to gain access to their own personal records (unless the requested records are exempted from disclosure) and to seek correction or amendment of Federally maintained records that are inaccurate, incomplete, untimely, or irrelevant.

How to File a FOIA Request:

1. Email the request directly to FOIA's Public Liaison at [email protected].
2. National FOIA Portal: https://www.foia.gov/ 
3. Mail:

FOIA Public Liaison
Office of External Affairs
888 First Street, NE
Washington, DC 20426

How to file an FOIA Expedited Process Request

How to file an FOIA Administrative Appeal

Exemptions

1. Classified national defense and foreign relations information;
2. Internal agency rules and practices;
3. Information that is prohibited from disclosure by another federal law;
4. Trade secrets and other confidential business information;
5. Inter-agency or intra-agency communications that are protected by legal privileges;
6. Information involving matters of personal privacy;
7. Certain types of information compiled for law enforcement purposes;
8. Information relating to the supervision of financial institutions; and
9. Geological information on wells.

Exclusions

The three exclusions pertain to especially sensitive law enforcement and national security matters. Even if the information may be withheld under FOIA, the Commission still may disclose it as a matter of administrative discretion under some circumstances. However, the Commission is not legally obligated to do so.

Limitations

FOIA does not provide a right of access to the following records:

1. Records held by Congress;
2. The Federal courts;
3. State or local government agencies; and
4. Private businesses, organizations or individuals.

Contact state authorities for further information regarding their own laws governing public access to state and local government records.

Other Resources

• Electronic Resources of Information: Before you file an FOIA request, review our online resources to learn more about what and where we have information available. Read More
• Frequently Requested Processed Records: Check the list to see if the FOIA information you want has previously been processed. Read More
• FOIA Logs
• FOIA Annual Reports
• FOIA Quarterly Reports
• Federal Procurement Data System – Next Generation 
• U.S. Department of Justice FOIA Section