[Code of Federal Regulations]
[Title 18, Volume 1]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 18CFR3b.221]

[Page 60-61]
 
           TITLE 18--CONSERVATION OF POWER AND WATER RESOURCES
 
  CHAPTER I--FEDERAL ENERGY REGULATORY COMMISSION, DEPARTMENT OF ENERGY
 
PART 3b_COLLECTION, MAINTENANCE, USE, AND DISSEMINATION OF RECORDS OF 
IDENTIFIABLE PERSONAL INFORMATION--Table of Contents
 
                Subpart C_Rules for Disclosure of Records
 
Sec. 3b.221  Access of records to individuals concerned.

    (a) Upon written request, either in person or by mail, to the 
appropriate system manager specified for each system of records, any 
individual may gain access to records or information in a system of 
records pertaining to him and filed under his individual name, or some 
other identifying particular, to review and to have a copy made of all 
or any portion thereof in a form comprehensible to him.
    (b) A person of his own choosing may accompany the individual to 
whom the record pertains when the record is disclosed [see Sec. 
3b.222(e)].
    (c) Before disclosure, the following procedure may apply:

    Medical or psychological records will be disclosed directly to the 
individual to whom they pertain unless, in the judgment of the system 
manager, in consultation with a medical doctor or a psychologist, access 
to such records could have an adverse effect upon the individual. When 
the system manager and a doctor determine that the disclosure of such 
information could have an adverse effect upon the individual to whom it 
pertains, the system manager may transmit such information to a medical 
doctor named by the requesting individual.

    (d) The system manager will provide a written acknowledgement of the 
receipt of a request for access within ten days of receipt (excluding 
Saturdays, Sundays, and legal public holidays). Such acknowledgement 
may, if necessary, request any additional information needed to locate 
the record which the individual may reasonably be expected to know, and 
may require appropriate identification pursuant to Sec. 3b.222 of this 
part. No acknowledgment is required if access can be granted within the 
ten-day period.
    (1) If access can be granted, the system manager will notify the 
individual, in writing, as to when, and whether access will be granted 
in person or by mail, so that access will be provided within twenty days 
of the receipt of the request (excluding Saturdays, Sundays, and legal 
public holidays). If the system manager is unable to provide access 
within twenty days of receipt of the request, he will inform the 
individual in writing as to the reasons therefor (for good cause shown), 
and when it is anticipated that access will be granted. If the expected 
date of access indicated in the written notification to the individual 
cannot be met, the system manager will advise the individual in writing 
of the delay, the reasons therefor (for good cause shown), and of a 
revised date when access will be granted. Such extensions will not 
exceed thirty days from receipt of the request (excluding Saturdays, 
Sundays, and legal public holidays).
    (2) If access cannot be granted, the system manager will inform the 
individual, in writing, within twenty days of receipt of the request 
(excluding Saturdays, Sundays, and legal public holidays) of the refusal 
of his request; the reasons for the refusal; the right of the 
individual, within thirty days of receipt of the refusal, to request in 
writing a review of the refusal by the Chairman of the Federal Power 
Commission, 825 North Capitol Street, NE., Washington, DC 20426, or by 
an officer designated by the Chairman pursuant to Sec. 3b.224(f); and 
the right of the individual to seek advice or assistance

[[Page 61]]

from the system manager in obtaining such a review.
    (e) The Chairman, or officer designated pursuant to Sec. 3b.224(f), 
not later than thirty days (excluding Saturdays, Sundays, and legal 
public holidays) from the date of receipt of the individual's request 
for review will complete such review, unless, for good cause shown, the 
Chairman, or designated officer, extends the thirty-day period in 
writing to the individual with reasons for the delay and the approximate 
date on which the review is expected to be completed. Such an extension 
will not exceed thirty-five days from receipt of the request for review 
(excluding Saturdays, Sundays and legal public holidays). The Chairman, 
or designated officer, will make one of the following determinations:
    (1) Grant the individual access to the requested record and notify 
the individual, in writing, as to when, and whether access will be 
granted in person or by mail; or
    (2) Inform the individual in writing of the refusal, the reasons 
therefor, and the right of the individual to seek judicial review of the 
refusal of his request for access.
    (f)(1) The Commission will deny an individual access to the 
following records pertaining to him:
    (i) Information compiled in reasonable anticipation of a civil 
action or proceeding;
    (ii) Records listed in the Federal Register as exempt from certain 
provisions of the Privacy Act of 1974, pursuant to subpart D of this 
part; and
    (iii) Records which may be required to be withheld under other 
statutory provisions.
    (2) The Commission will not deny an individual access to a record 
pertaining to him because that record is permitted to be withheld from 
members of the public under the Freedom of Information Act, 5 U.S.C. 
552, as amended.
    (g) Disclosure of an original record will take place in the presence 
of the Commission representative having physical custody of the record.