The [agency] has requested certain documents from the Federal Energy Regulatory
Commission (the Commission) that contain critical energy infrastructure information as defined in 18 C.F.R. §388.113.
The undersigned acknowledges on behalf of the [agency] that 44 U.S.C. § 3510(b)
protects interagency disclosures as follows:
- (b)(1) If information obtained by an agency [e.g. the Commission] is released by that agency to another agency [e.g. agency name],
all the provisions of law (including penalties) that relate to the unlawful disclosure of information apply to the officers and
employees of the agency to which information is released to the same extent and in the same manner as the provisions apply to the
officers and employees of the agency which originally obtained the information.
- (2) The officers and employees of the agency to which the information is released, in addition, shall be subject to the same provisions
of law, including penalties, relating to the unlawful disclosure of information as if the information had been collected directly by that agency.
In addition, if the [agency] receives a Freedom of Information Act (FOIA) request under 5 U.S.C. § 552
for any documents provided to it by the Commission, consistent with Department of Justice guidance, the request will be referred to the Commission's
FOIA office for processing. The [agency] also agrees to consult with the Commission's Associate General Counsel for General and Administrative Law
or his designee prior to making any other release of this information.