[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.225]

[Page 64-65]
 
           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.225  Written consent for disclosure.

    (a) The Commission will not disclose any record which is contained 
in a system of records by any means of communication to any person, or 
to any other agency, unless it has the written request by, or the prior 
written consent of, the individual to whom the record pertains and under 
whose individual name, or some other identifying particular, the record 
is filed. The written request or consent should include, at a minimum, 
the general purposes for or the types of recipients to whom disclosure 
may be made. The fact that an individual is informed of the purposes for 
which information will be used when information is collected pursuant to 
Sec. 3b.202(b)(2) will not constitute consent.
    (b) A written request or consent is not required if the disclosure 
is:
    (1) To those officers and employees of the Commission who have a 
need for the record in the performance of their duties;
    (2) Required under the provisions of the Freedom of Information Act, 
5 U.S.C. 552, as amended;
    (3) For a routine use as defined in Sec. 3b.2(g) of this part and 
as described in the public notice for each system of records;
    (4) To the Bureau of the Census for purposes of planning or carrying 
out a census or survey or related activity pursuant to the provisions of 
title 13 of the United States Code;
    (5) To a recipient who has provided the appropriate system manager 
specified for each system of records with advance adequate written 
assurance that the record will be used solely as a statistical research 
or reporting record, and the record is to be transferred in a form that 
is not individually identifiable. The written statement of assurance 
should include at a minimum:
    (i) A statement of the purpose for requesting the record; and
    (ii) Certification that the record will only be used for statistical 
purposes.

In addition to stripping personally identifying information from records 
released for statistical purposes, the system manager will ensure that 
the identity of the individual cannot reasonably be deduced or 
determined by combining various statistical records, or by reference to 
public records or other available sources of information;
    (6) To the National Archives of the United States, pursuant to 44 
U.S.C. 2103, as a record which has sufficient historical or other value 
to warrant its continued preservation by the United States Government, 
or for the evaluation by the Administrator of General Services or his 
designee to determine whether the record has such value;
    (7) To another agency or to an instrumentality of any governmental 
jurisdiction within or under the control of the United States for a 
civil or criminal law enforcement activity if the activity is authorized 
by law, and if the head of the agency or instrumentality, or his 
delegated official, has made a written request to the appropriate system 
manager specifying the particular portion of the record desired and the 
law enforcement activity for which the record is being sought;
    (8) To a person pursuant to a showing of compelling circumstances 
affecting the health or safety of an individual (not necessarily the 
individual to whom the record pertains), if, upon disclosure, 
notification of such is sent to the last known address of the individual 
to whom the record pertains;
    (9) To either House of Congress, or to any committee or subcommittee 
thereof, on a matter within its jurisdiction;
    (10) To the Comptroller General, or any of his authorized 
representatives, in the course of the performance of the duties of the 
General Accounting Office; or
    (11) Pursuant to the order of a court of competent jurisdiction.
    (c) When a record is disclosed under compulsory legal process and 
such process becomes a matter of public record, the system manager will 
make reasonable efforts to notify the individual to whom the record 
pertains. A notice will be sent to the individual's last known address 
noted in the Commission's files.
    (d) The appropriate system manager shall notify all prior recipients 
of

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 records, disclosure to whom an accounting was made pursuant to Sec. 
3b.226, of any amendments made to the records, including corrections, 
amendments and notations of dispute made pursuant to Sec. Sec. 
3b.224(c)(1) and 3b.224(e)(1) and (2)(v), within ten days of receipt of 
the corrected information or notation of dispute (excluding Saturdays, 
Sundays, and legal public holidays), except under unusual circumstances 
[see circumstances described in Sec. 3b.220(d)].
    (e) The content of the records disclosed under this section shall be 
maintained pursuant to the standards established in Sec. 3b.201(c).