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Home > 18 CFR 3a.23 - Review of classified material for declassification purposes |
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18 CFR 3a.23 - Review of classified material for declassification purposes
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CFR > Title 18 > Chapter I > Part 3a > § 3a.23. Review of classified material for declassification purposes
Current as of: Apr. 2010
(a) All information and material classified after June 1, 1972, and determined in accordance with Chapter 21, title 44, United States Code, to be of sufficient historical or other value to warrant preservation shall be systematically reviewed on a timely basis for the purpose of making such information and material publicly available according to the declassification determination at the time of classification. During each calendar year the FPC shall segregate to the maximum extent possible all such information and material warranting preservation and becoming declassified at or prior to the end of such year. Promptly after the end of such year the FPC, or the Archives of the United States if transferred thereto, shall make the declassified information and material available to the public to the extent permitted by law.
(b) Departments and agencies and members of the public may direct requests for review for declassification, as described in Sec. 3a.22(f), to:Office of the Secretary, Federal Power Commission, 1 Washington, DC 20426.---------------------------------------------------------------------------
1 Now known as the Federal Energy Regulatory Commission.The Office of the Secretary will assign the request to the appropriate Bureau or Office for action and will acknowledge in writing the receipt of the request. If the request requires the rendering of services for which fair and equitable fees should be charged pursuant to Title 5 of the Independent Offices Appropriations Act, 1952, 31 U.S.C. 483a, the requester shall be so notified. The Bureau or Office which is assigned action will make a determination within 30 days of receipt or explain why further time is necessary. If at the end of 60 days from receipt of the request for review no determination has been made, the requester may apply to the FPC Review Committee (paragraph (g) of this section) for a determination. Should the Bureau or Office assigned the action on a request for review determine that under the criteria set forth in section 5(B) of E.O. 11652 continued classification is required, the requester will be notified promptly and, whenever possible, provided with a brief statement as to why the requested information or material cannot be declassified. The requester may appeal any such determination to the FPC Review Committee and the notice of determination will advise him of this right.
(c) The FPC Review Committee will establish procedures to review and act within 30 days upon all applications and appeals regarding requests for declassification. The chairman, acting through the committee, is authorized to overrule previous determinations in whole or in part when, in its judgment, continued protection is no longer required. If the committee determines that continued classification is required under the criteria of section 5(B) of E.O. 11652, it will promptly so notify the requester and advise him that he may appeal the denial to the Interagency Classification Review Committee.
(d) A request by a department or agency or a member of the public to review for declassification documents more than 30 years old shall be referred directly to the Archivist of the United States, and he shall have the requested documents reviewed for declassification. If the information or material requested has been transferred to the General Services Administration for accession into the Archives, the Archivist shall, together with the chairman, have the requested documents reviewed for declassification. Classification shall be continued in either case only when the chairman makes the personal determination indicated in Sec. 3a.22(g)(1). The Archivist shall notify the requester promptly of such determination and of his right to appeal the denial to the Interagency Classification Review Committee.
(e) For purposes of administrative determinations under paragraph (b), (c), or (d) of this section, the burden is on the FPC to show that continued classification is warranted. Upon a determination that the classified material no longer warrants classification, it will be declassified and made available to the requester if not otherwise exempt from disclosure under section 552(b) of Title 5, U.S.C. (Freedom of Information Act) or other provisions of law.
(f) A request for classification review must describe the document with sufficient particularity to enable the FPC to identify it and obtain it with a reasonable amount of effort. Whenever a request is deficient in its description of the record sought, the requester will be asked to provide additional identifying information whenever possible. Before denying a request on the ground that it is unduly burdensome, the requester will be asked to limit his request to records that are reasonably obtainable. If the requester then does not describe the records sought with sufficient particularity, or the record requested cannot be obtained with a reasonable amount of effort, the requester will be notified of the reasons why no action will be taken and of his right to appeal such decision.
(g) The FPC Review Committee will consist of the Executive Director, as Committee Chairman, the Secretary, and the Director, Office of Public Information, as members. In addition to the activities described in this paragraph, the Review Committee has authority to act on all suggestions and complaints with respect to administration of E.O. 11652 and this part 3a.
(h) The FPC Review Committee is also responsible for recommending to the chairman appropriate administrative action to correct abuse or violation of any provision of E.O. 11652 or NSC directives thereunder, including notifications by warning letter, formal reprimand, and to the extent permitted by law, suspension without pay and removal.
(i) The Chairman of the Review Committee will submit through the chairman, FPC, a report quarterly to the Interagency Classification Review Committee, NSC, of actions on classification review requests, classification abuses, and unauthorized disclosures.
Classification Markings and Special Notations________________________________________________________________________
Questions & Answers: Utilities
See also:
U.S. Code Provisions: UtilitiesState Laws: Utilities| Alabama | Alabama Code > Title 9 > Chapter 18A - Southern States Energy Compact | | Alabama Code > Title 37 > Chapter 4 - Public Utilities Other Than Transportation Companies Or Motor Vehicle Carriers | | Alabama Code > Title 37 > Chapter 12 - Development Of Cogeneration Facilities | | Alabama Code > Title 37 > Chapter 15 - Notification Of Excavation Or Demolition Operations | | Alabama Code > Title 41 > Chapter 6A - Department Of Energy | | Alaska | Alaska Statutes Chapter 10.25 - Electric And Telephone Cooperative Act | | Alaska Statutes Title 42 - Public Utilities And Carriers And Energy Programs | | Alaska Statutes Chapter 44.83 - Alaska Energy Authority | | Arizona | Arizona Laws > Title 9 > Chapter 5 - Public Utilities | | Arizona Laws > Title 30 | | California | California Business and Professions Code > Division 1 > Chapter 7 - Licensee | | California Public Resources Code > Division 16.2 - Property Assessed Clean Energy (Pace) Financing Assistance | | California Public Utilities Code | | Connecticut | Connecticut General Statutes > Title 7 > Chapter 101 - Municipal Gas and Electric Plants | | Connecticut General Statutes > Title 16a - Planning and Energy Policy | | Delaware | Delaware Code Title 26 - Public Utilities | | Florida | Florida Statutes > Chapter 153 - Water and Sewer Systems | | Florida Statutes > Title XXVII - Railroads And Other Regulated Utilities | | Florida Regulations > Chapter 28-35 - Coastal Energy Impact Program | | Florida Regulations > Division 5O - Office of Energy | | Florida Regulations Chapter 62-16 - Renewable Energy Technologies and Energy Efficiency | | Florida Regulations > Division 27N - Florida Energy and Climate Commission | | Florida Regulations - Public Service Commission | | Florida Regulations - Regional Utility Authorities | | Hawaii | Hawaii Revised Statutes Title 15 - Transportation And Utilities | | Idaho | Idaho Code Title 50 > Chapter 25 - Underground Conversion Of Utilities | | Idaho Code Title 61 - Public Utility Regulation | | Idaho Code Title 62 - Railroads And Other Public Utilities | | Illinois | Illinois Compiled Statutes > Chapter 20 > Illinois Power Agency | | Illinois Compiled Statutes > Chapter 220 - Utilities | | Indiana | Indiana Code > Title 8 > Article 1 - Utilities Generally | | Indiana Code > Title 8 > Article 1.5 - Municipal Utilities | | Iowa | Iowa Code Chapter 388 - City utilities | | Iowa Code Title XI > Subtitle 4 - Energy | | Iowa Code Title XI > Subtitle 5 - Public Utilities | | Iowa Code Chapter 554B - Secured transactions of transmitting utilities | | Kansas | Kansas Statutes > Chapter 12 > Article 8 - Public Utilities | | Kansas Statutes > Chapter 13 > Article 12 - Public Utilities | | Kansas Statutes > Chapter 15 > Article 8 - Public Utilities | | Kansas Statutes > Chapter 66 - Public Utilities | | Louisiana | Louisiana Revised Statutes > Title 33 > Chapter 10 - Public Utilities | | Louisiana Revised Statutes > Title 33 > Chapter 10-A - Louisiana Energy And Power Authority | | Louisiana Revised Statutes > Title 33 > Chapter 10-C - Performance-Based Energy Efficiency Contracts | | Louisiana Revised Statutes > Title 45 - Public utilities and carriers | | Louisiana Revised Statutes > Title 51 > Chapter 4 - Southern States Energy Compact | | Maine | Maine Revised Statutes Title 35-A - Public Utilities | | Maryland | Maryland Code > Public Utility Companies | | Massachusetts | Massachusetts General Laws > Part I > Title II > Chapter 25 - Department Of Public Utilities | | Massachusetts General Laws > Part I > Title II > Chapter 25A - Division Of Energy Resources | | Massachusetts General Laws > Part I > Title XXII > Chapter 164 - Manufacture And Sale Of Gas And Electricity | | Massachusetts General Laws > Part I > Title XXII > Chapter 164A - New England Power Pool | | Michigan | Michigan Laws > Chapter 10 > Act 191 of 1982 - Declaration Of State Of Energy Emergency | | Michigan Laws > Chapter 17 > Act 98 of 1929 - Sewage, Light, Water, Fire Protection, Or Other Facilities | | Michigan Laws > Chapter 123 > Act 28 of 1935 - Public Utility Franchises; Validation | | Michigan Laws > Chapter 123 > Act 301 of 1969 - Gifts From Municipal Utilities | | Michigan Laws > Chapter 460 | | Michigan Laws > Chapter 473 | | Michigan Laws > Chapter 486 | | Minnesota | Minnesota Statutes - Utilities | | Minnesota Statutes Chapter 336B - Financing Statements of Utilities and Certain Mining Companies | | Minnesota Statutes - Local Public Utilities, Enterprises | | Missouri | Missouri Laws > Title III > Chapter 18 - Energy Compact | | Missouri Laws > Title VII > Chapter 91 - Municipally Owned Utilities | | Missouri Laws > Title XXV | | Montana | Montana Code Title 7 > Chapter 13 - Utility Services | | Montana Code Title 35 > Chapter 18 - Rural Cooperative Utilities | | Montana Code Title 35 > Chapter 18 - Rural Cooperative Utilities | | Montana Code Title 69 - Public Utilities And Carriers | | Montana Code Title 69 - Public Utilities And Carriers | | Montana Code Title 75 > Chapter 25 - Alternative Energy Loans | | Montana Code Title 75 > Chapter 25 - Alternative Energy Loans | | Montana Code Title 90 > Chapter 4 - Energy Development And Conservation | | Montana Code Title 90 > Chapter 4 - Energy Development And Conservation | | Nevada | Nevada Revised Statutes > Title 58 - Energy; Public Utilities And Similar Entities | | New Hampshire | New Hampshire Revised Statutes > Chapter 38 - Municipal Electric, Gas, Or Water Systems | | New Hampshire Revised Statutes > Chapter 162-H - Energy Facility Evaluation, Siting, Construction And Operation | | New Hampshire Revised Statutes > Title XXXIV - Public Utilities | | New Jersey | New Jersey Statutes > Title 48 | | New Mexico | New Mexico Statutes Chapter 3 > Article 23 - Public Utilities | | New Mexico Statutes Chapter 3 > Article 28 - Water or Natural Gas Associations | | New Mexico Statutes Chapter 61 > Article 33 - Utility Operators | | New Mexico Statutes Chapter 62 - Electric, Gas and Water Utilities | | New York | New York Laws - Energy | | New York Laws - General Municipal > Article 5-L - Municipal Sustainable Energy Loan Program | | New York Laws - General Municipal > Article 14-A - Gas and Electric Service | | New York Laws - Public Authorities > Article 5 - Public Utility Authorities | | New York Laws - Public Service | | New York Laws - Transportation Corporations | | New York | New York Laws > Energy | | New York Laws > General Municipal > Article 14-A - Gas And Electric Service | | New York Laws > Public Authorities > Article 5 - Public Utility Authorities | | New York Laws > Public Service | | New York Laws > Transportation Corporations | | North Carolina | North Carolina General Statutes Chapter 62 - Public Utilities | | North Carolina General Statutes > Chapter 104D - Southern States Energy Compact | | North Carolina General Statutes Chapter 113B - North Carolina Energy Policy Act of 1975 | | North Carolina General Statutes Chapter 159B - Joint Municipal Electric Power and Energy Act | | North Dakota | North Dakota Code > Title 17 - Energy | | North Dakota Code > Chapter 40-33 - Municipal Utilities | | North Dakota Code > Chapter 40-33.1 - Municipal Steam Heating Authorities | | North Dakota Code > Chapter 40-33.2 - Municipal Power Agencies | | North Dakota Code > Chapter 40-33.3 - Municipal Pipeline Authorities | | North Dakota Code > Title 49 - Public Utilities | | North Dakota Code > Chapter 54-63 - Renewable Energy Council | | Ohio | Ohio Code > Title 7 > Chapter 743 - Utilities -- Electric; Gas; Water | | Ohio Code > Title 15 > Chapter 1551 - Energy | | Ohio Code > Title 41 > Chapter 4163 - Atomic Energy | | Ohio Code > Title 49 | | Oregon | Oregon Statutes > Chapter 225 - Municipal Utilities | | Oregon Statutes > Chapter 261 - People’s Utility Districts | | Oregon Statutes > Chapter 262 - Joint Operating Agencies for Electric Power | | Oregon Statutes > Chapter 469 - Energy; Conservation Programs; Energy Facilities | | Oregon Statutes > Chapter 469A - Renewable Portfolio Standards | | Oregon Statutes > Chapter 470 - Small Scale Local Energy Projects | | Oregon Statutes > Title 57 - Utility Regulation | | Rhode Island | Rhode Island General Laws > Title 39 - Public Utilities And Carriers | | Rhode Island General Laws > Chapter 42-14.3. Public Utilities Commission | | Rhode Island General Laws > Chapter 42-60. Energy Crisis Management | | Rhode Island General Laws > Chapter 42-98. Energy Facility Siting Act | | Rhode Island General Laws > Chapter 42-140. Rhode Island Energy Resources Act | | Rhode Island General Laws > Chapter 42-140.1. The Rhode Island Energy Efficiency and Resource Management Council | | Rhode Island General Laws > Chapter 45-58. Pascoag Utility District | | South Carolina | South Carolina Code > Title 58 - Public Utilities, Services and Carriers | | South Dakota | South Dakota Laws > Title 1 > Chapter 16I - South Dakota Energy Infrastructure Authority | | South Dakota Laws > Title 49 - Public Utilities And Carriers | | Tennessee | Tennessee Code > Title 7 > Chapter 34 - Municipal Utilities | | Tennessee Code > Title 7 > Chapter 54 - Energy Production Facilities | | Tennessee Code > Title 7 > Chapter 82 - Utility Districts | | Tennessee Code > Title 65 - Public Utilities And Carriers | | Texas | Texas Agriculture Code > Title 3 > Chapter 50D - Texas Bioenergy Policy Council And Texas Bioenergy Research Committee | | Texas Government Code > Title 7 > Chapter 761 - Southern States Energy Compact | | Texas Local Government Code > Title 13 - Water And Utilities | | Texas Natural Resources Code > Title 5 - Geothermal Energy And Associated Resources | | Texas Special District Local Laws Code > Title 6 > Subtitle C - Special Utility Districts | | Texas Special District Local Laws Code > Title 6 > Subtitle F - Municipal Utility Districts | | Texas Utilities Code | | Texas Civil Statutes > Title 32 > Chapter 10 - Public Utilities | | Utah | Utah Code > Title 9 > Chapter 12 - Home Energy Assistance Target (HEAT) Program Act | | Utah Code > Title 54 - Public Utilities | | Vermont | Vermont Statutes Title 30 - Public Service | | Virginia | Virginia Code Title 2.2 > Chapter 56 - Southern States Energy Compact | | Virginia Code Title 30 > Chapter 25 - Virginia Coal and Energy Commission | | Virginia Code Title 56 - Public Service Companies | | Virginia Code Title 67 - Virginia Energy Plan | | West Virginia | West Virginia Code > Chapter 5D - Public Energy Authority Act | | West Virginia Code > Chapter 24 - Public Service Commission | | West Virginia Code > Chapter 24C - Underground Facilities Damage Prevention | | Wisconsin | Wisconsin Statutes Chapter 196 - Regulation of public utilities | | Wisconsin Statutes Chapter 197 - Municipal acquisition of utilities | | Wisconsin Statutes Chapter 198 - Municipal power and water districts | | Wisconsin Statutes Chapter 199 - Citizens utility board | | Wisconsin Statutes Chapter 201 - Securities of public service corporations |
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