15 U.S.C. § 773

Public disclosure of information

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(a) Analyses, data, information, reports, and summaries; objectives of disclosure

The Administrator shall make public, on a continuing basis, any statistical and economic analyses, data, information, and whatever reports and summaries are necessary to keep the public fully and currently informed as to the nature, extent, and projected duration of shortages of energy supplies, the impact of such shortages, and the steps being taken to minimize such impacts.

(b) Freedom of Information Act applicable; disclosure of confidential information or trade secrets; disclosure of matter included in public annual reports to Securities and Exchange Commission and matter excepted from such disclosure

Subject to the provisions of this chapter, section 552 of title 5 shall apply to public disclosure of information by the Administrator: Provided, That notwithstanding said section, the provisions of section 1905 of title 18, or any other provision of law, (1) all matters reported to, or otherwise obtained by, any person exercising authority under this chapter containing trade secrets or other matter referred to in section 1905 of title 18, may be disclosed to other persons authorized to perform functions under this chapter solely to carry out the purposes of the chapter, or when relevant in any proceeding under this chapter, and (2) the Administrator shall disclose to the public, at a reasonable cost, and upon a request which reasonably describes the matter sought, any matter of the type which could not be excluded from public annual reports to the Securities and Exchange Commission pursuant to section 78m or 78o(d) of this title by a business enterprise exclusively engaged in the manufacture or sale of a single product, unless such matter concerns or relates to the trade secrets, processes, operations, style of work, or apparatus of a business enterprise.

(c) Guidelines and procedures for handling information pertaining to individuals; access of individuals to such personal information

To protect and assure privacy of individuals and confidentiality of personal information, the Administrator is directed to establish guidelines and procedures for handling any information which the Administration obtains pertaining to individuals. He shall provide, to the extent practicable, in such guidelines and procedures a method for allowing any such individual to gain access to such information pertaining to himself.

(Pub. L. 93–275, § 14, May 7, 1974, 88 Stat. 108.)Statutory Notes and Related SubsidiariesTransfer of Functions

Federal Energy Administration terminated and functions vested by law in Administrator thereof transferred to Secretary of Energy (unless otherwise specifically provided) by sections 7151(a) and 7293 of Title 42, The Public Health and Welfare.

Notes of Decisions

Cited in 5 cases, 1976–1985 · leading case: Coastal States Gas Corp. v. Dep't of Energy, 609 F.2d 736 (5th Cir. 1979).

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Coastal States Gas Corp. v. Dep't of Energy, 609 F.2d 736 (5th Cir. 1979). · cites it 5× “” Coastal States also contends that the DOE contract with Alexander Grant & Company, contemplates an illegal disclosure of confidential data in violation of 15 U.S.C. § 773 (b). Congress has stated, however, that 15 U.”

Shell Oil Co. v. Dep't of Energy, 477 F. Supp. 413 (D. Del. 1979). · cites it 2× “15 U.S.C. § 773 (b). In August of 1976, Congress added a sub-chapter II to the Act which established an Office of Energy Information and Analysis headed by a Director who was to establish a “National Energy Information System”.”

Canal Refining Co. v. Corrallo, 616 F. Supp. 1035 (D.D.C. 1985). · cites it 2× “§ 552 , ERA at oral argument identified statutory language codified at 15 U.S.C. § 773 (b) as giving it the affirmative authority to disclose the information at issue here.”

Am. Pub. Gas Ass'n v. Fed. Energy Admin., 408 F. Supp. 640 (D.D.C. 1976). “[ 15 U.S.C. § 773 (a) (Supp.1974)] Much of what appears in The Natural Gas Story comes under this duty and has no lobbying intent or effect.”

Coastal States Gas Corp. v. Dep't of Energy, 480 F. Supp. 813 (S.D. Tex. 1979). · cites it 4× “The Plaintiff contends, however, that Section 14(b) of the Federal Energy Administration Act, 15 U.S.C. § 773 (b) (1976), which speaks directly to the han *817 dling of confidential information, overrides the general contract power provision in 42 U.”

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