[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.224]

[Page 62-64]
 
           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.224  Requests to amend records and disputes thereon.

    (a) Upon written request, either in person or by mail, to the 
appropriate system manager specified for each system of records, any 
individual may amend records in a system of records pertaining to him 
and filed under his individual name or some other identifying 
particular. Such requests should contain identifying information needed 
to locate the record, a brief description of the item or items of 
information to be amended, and information in support of the request for 
amendment. The individual may obtain assistance in preparing his request 
to amend a record from the appropriate system manager.
    (b) The system manager will provide a written acknowledgement of the 
receipt of a request to amend within ten days of receipt (excluding 
Saturdays, Sundays, and legal public holidays). Such an acknowledgement 
may, if necessary, request any additional information needed to make a 
determination which the individual may reasonably be expected to know, 
and verification of identity consistent with Sec. 3b.222. The 
acknowledgement will clearly describe the request and advise the 
individual requesting the amendment when he may expect to be notified of 
action taken on the request. No acknowledgement is required if the 
request can be reviewed, processed, and the individual notified of 
compliance or denial within the ten-day period.
    (c) The system manager will complete the review and advise the 
individual in writing of the results within twenty days of the receipt 
of the request (excluding Saturdays, Sundays, and legal public 
holidays). If the system manager is unable to complete the review within 
twenty days of the 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 the review

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will be completed. If the completion date for the review indicated in 
the acknowledgement 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 the review may be expected to be 
completed. Such extensions will not exceed thirty days from receipt of 
the request (excluding Saturdays, Sundays, and legal public holidays). 
The system manager will take one of the following actions:
    (1) Make the requested correction or amendment; so advise the 
individual in writing; and, where an accounting of the disclosure of the 
record was made pursuant to Sec. 3b.226, advise all previous recipients 
of the record in writing of the fact that the amendment was made and the 
substance of the amendment [see Sec. 3b.225(d)]; or
    (2) Inform the individual in writing of the refusal to amend the 
record in accordance with the request; the reasons for the refusal 
including any of the standards which were employed pursuant to paragraph 
(d) of this section in conducting the review; 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 paragraph (f) of this 
section; and the right of the individual to seek advice or assistance 
from the system manager in obtaining such a review.
    (d) In reviewing a record in response to a request to amend, the 
system manager and the Chairman, or the officer he designates pursuant 
to paragraph (f) of this section, shall assess the accuracy, relevance, 
timeliness and completeness of the record. They shall consider the 
record in terms of the criteria established in Sec. 3b.201 of this 
part.
    (e) The Chairman, or officer designated pursuant to paragraph (f) of 
this section, 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 a 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) Make the correction in accordance with the individual's request 
and proceed as in paragraph (c)(1) of this section; or
    (2) Inform the individual in writing of:
    (i) The refusal to amend the record in accordance with the request,
    (ii) The reasons therefor, including any of the standards which were 
employed pursuant to paragraph (d) of this section in conducting the 
review;
    (iii) The right of the individual to file with the Chairman, or 
designated officer, a concise written statement setting forth the 
reasons for his disagreement with the decision;
    (iv) The fact that the statement of disagreement will be made 
available to anyone to whom the record is subsequently disclosed, 
together with the portion of the record which is disputed clearly noted, 
and, with, at the discretion of the Chairman, or designated officer, a 
brief statement by the Chairman, or designated officer, summarizing the 
reasons for refusing to amend the record;
    (v) Where an accounting of the disclosure of the record was made 
pursuant to Sec. 3b.226 of this part, the fact that prior recipients of 
the disputed record will be provided a copy of the individual's 
statement of disagreement, with the portion of the record which is 
disputed clearly noted, and, at the Chairman's or designated officer's 
discretion, the statement summarizing the refusal to amend [see Sec. 
3b.225(d)]; and
    (vi) The individual's right to seek judicial review of the refusal 
to amend.
    (f) The Chairman may designate, in writing, another officer of the 
Commission to act in his capacity for the purposes of this part. The 
officer will be organizationally independent of or senior to the system 
manager who made

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the initial determination and will conduct a review independent of the 
initial determination.