[Federal Register Volume 75, Number 48 (Friday, March 12, 2010)]
[Rules and Regulations]
[Pages 11735-11737]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-5297]


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TENNESSEE VALLEY AUTHORITY

18 CFR Part 1301


Tennessee Valley Authority Procedures

AGENCY: Tennessee Valley Authority (TVA).

ACTION: Final rule.

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SUMMARY: The Tennessee Valley Authority is amending its regulations 
which contain TVA's procedures for the Freedom of Information Act 
(FOIA), the Privacy Act, and the Government in the Sunshine Act. These 
amendments reflect changes in position titles and addresses; for FOIA 
purposes, update the definitions of ``news media'' and ``news media 
requesters'' to reflect changes in the way news is delivered; conform 
references to Privacy Act systems of records to the most current 
publication of TVA's Privacy Act Systems Notices in the Federal 
Register; clarify special procedures for the release of certain medical 
records in response to Privacy Act requests; pursuant to amendments to 
the TVA Act, reflect changes in the number of TVA Board members 
required for a quorum; and make other editorial changes.

DATES: Effective Date: March 12, 2010.

FOR FURTHER INFORMATION CONTACT: Nicholas P. Goschy, Assistant General 
Counsel, Tennessee Valley Authority, 400 W. Summit Hill Drive, 
Knoxville, Tennessee 37902-1401, (865) 632-8960.

SUPPLEMENTARY INFORMATION: This rule was not published in proposed form 
since it relates to agency procedure and practice. TVA considers this 
rule to be a procedural rule which is exempt from notice and comment 
under 5 U.S.C. 533(b)(3)(A). This rule is not a significant rule for 
purposes of Executive Order 12866 and has not been reviewed by the 
Office of Management and Budget. As required by the Regulatory 
Flexibility Act, TVA certifies that these regulatory amendments will 
not have a significant impact on small business entities. Since this 
rule is nonsubstantive, it is being made effective March 12, 2010.

List of Subjects in 18 CFR Part 1301

    Freedom of Information, Government in the Sunshine, Privacy.


0
For the reasons stated in the preamble, TVA amends 18 CFR Part 1301 as 
follows:

PART 1301--PROCEDURES

Subpart A--Freedom of Information Act

0
1. The authority citation for part 1301, Subpart A, is revised to read 
as follows:

     Authority: 16 U.S.C. 831-831ee, 5 U.S.C. 552.


0
2. In Sec.  1301.3, revise paragraphs (a) and (b) to read as follows:


Sec.  1301.3  Requirements for making requests.

    (a) How made and addressed. You may make a request for records of 
TVA by writing to the Tennessee Valley Authority, FOIA Officer, 400 W. 
Summit Hill Drive (WT 7D), Knoxville, Tennessee 37902-1401. You may 
find TVA's ``Guide to Information About TVA''--which is available 
electronically at http://www.tva.gov, and is available in paper form as 
well--helpful in making your request. For additional information about 
the FOIA, you may refer directly to the statute. If you are making a 
request for records about yourself, see Subpart B Privacy Act for 
additional requirements. If you are making a request for records about 
another individual, either a written authorization signed by that 
individual permitting disclosure of those records to you or proof that 
that individual is deceased (for example, a copy of a death certificate 
or an obituary) will help the processing of your request. Your request 
will be considered received as of the date it is received by the FOIA 
Officer. For the quickest possible handling, you should mark both your 
request letter and the envelope ``Freedom of Information Act Request.''
    (b) Descriptions of records sought. You must describe the records 
that you seek in enough detail to enable TVA personnel to locate them 
with a reasonable amount of effort. Whenever possible, your request 
should include specific information about each record sought, such as 
the date, title or name, author, recipient, and subject matter of the 
record. If known, you should include any file designations or 
descriptions for the records that you want. As a general rule, the more 
specific you are about the records or type of records that you want, 
the more likely TVA will be able to locate those records in response to 
your request. If TVA determines that your request does not reasonably 
describe records, you will be informed what additional information is 
needed or why your request is otherwise insufficient. TVA shall also 
give you an opportunity to discuss your request so that you may modify 
it to meet the requirements of this section. If your request does not 
reasonably describe the records you seek, the agency's response to your 
request may be delayed.
* * * * *


0
3. In Sec.  1301.5, revise paragraph (b) introductory text to read as 
follows:


Sec.  1301.5  Timing of responses to request.

* * * * *
    (b) Multi-track processing procedures. TVA has established three 
tracks for handling requests and the track to which a request is 
assigned will depend on the nature of the request and the estimated 
processing time, including a consideration of the number of pages 
involved. If TVA places a request in a track other than Track 1, it 
will advise requesters of the limits of its faster track(s). TVA may 
provide requesters in its tracks 2 and 3 with an opportunity to limit 
the scope of their requests in order to qualify for faster processing 
within the specified limits of TVA's faster track(s). When doing so, 
TVA may contact the requester either by telephone, e-mail, or letter, 
whichever is most efficient in each case.
* * * * *


0
4. In Sec.  1301.9, revise paragraph (a) to read as follows:


Sec.  1301.9  Appeals.

    (a) Appeals of adverse determinations. If you are dissatisfied with 
TVA's response to your request, you may appeal an adverse determination 
denying your request, in any respect, to TVA's FOIA Appeal Official, 
Tennessee Valley Authority, 400 W. Summit Hill Drive (WT 7D), 
Knoxville, Tennessee 37902-1401. You must make your appeal in writing, 
and it must be received by the FOIA Appeal Official within 30 days of 
the date of the letter denying your request. Your appeal letter may 
include as much or as little related information as you wish, as long 
as it clearly identifies the TVA determination (including the assigned 
request number, if known) that you are appealing. An adverse 
determination by the TVA FOIA Appeal Official will be the final action 
of TVA.
* * * * *


0
5. In Sec.  1301.10, revise paragraph (b)(6) to read as follows:


Sec.  1301.10  Fees.

* * * * *
    (b) * * *
    (6) Representative of the news media, or news media requester, 
means any

[[Page 11736]]

person or entity that gathers information of potential interest to a 
segment of the public, uses its editorial skills to turn the raw 
materials into a distinct work, and distributes that work to an 
audience. In this subsection, the term ``news'' means information that 
is about current events or that would be of current interest to the 
public. Examples of news media entities include television or radio 
stations broadcasting to the public at large and publishers of 
periodicals (but only in those instances where they can qualify as 
disseminators of ``news'') who make their products available for 
purchase by or subscription by or free distribution to the general 
public. These examples are not all-inclusive. Moreover, as methods of 
news delivery evolve (for example, the adoption of the electronic 
dissemination of newspapers through telecommunications services), such 
alternative media shall be considered to be new media entities. For 
``freelance'' journalists to be regarded as working for a news 
organization, they must demonstrate a solid basis for expecting 
publication through that organization. A publication contract would be 
the clearest proof, but TVA shall also look to the past publication 
record of a requester in making this determination. To be in this 
category, a requester must not be seeking the requested records for a 
commercial or private use. However, a request for records supporting 
the news-dissemination function of the requester shall not be 
considered to be for a commercial use.
* * * * *

Subpart B--Privacy Act

0
6. The authority citation for part 1301, Subpart B, is revised to read 
as follows:

    Authority:  16 U.S.C. 831-831ee, 5 U.S.C. 552a.


0
7. In Sec.  1301.12, revise paragraphs (d) and (f) to read as follows:


Sec.  1301.12  Definitions.

* * * * *
    (d) The term TVA system notice means a notice of a TVA system 
published in the Federal Register pursuant to the Act. TVA has 
published TVA system notices about the following TVA systems:

Apprentice Training Records--TVA.
Personnel Files--TVA.
Discrimination Complaint Files--TVA.
Work Injury Illness System--TVA.
Employee Accounts Receivable--TVA.
Employee Alleged Misconduct Investigatory Files--TVA.
Health Records--TVA.
Payroll Records--TVA.
Travel History Records--TVA.
Employment Applicant Files--TVA.
Grievance Records--TVA.
Employee Supplementary Vacancy Announcement Records--TVA.
Consultant and Contractor Records--TVA.
Nuclear Quality Assurance Personnel Records--TVA.
Questionnaire--Land Use Surveys in Vicinity of Proposed or Licensed 
Nuclear Power Plant--TVA.
Radiation Dosimetry Personnel Monitoring Records--TVA.
Retirement System Records--TVA.
Woodland Resource Analysis Program Input Data--TVA.
Energy Program Participant Records--TVA.
OIG Investigative Records--TVA.
Call Detail Records--TVA.
Project/Tract Files--TVA.
Section 26a Permit Application Records--TVA.
U.S. TVA Police Records--TVA.
Wholesale, Retail, and Emergency Data Files--TVA.
* * * * *
    (f) The term reviewing official means TVA's Vice President, Human 
Resources Shared Services & Employee Relations (or incumbent of a 
successor position), or another TVA official designated by the Vice 
President in writing to decide an appeal pursuant to Sec.  1301.19;
* * * * *

0
8. In Sec.  1301.14, revise paragraph (g) to read as follows:


Sec.  1301.14  Times, places, and requirements for identification of 
individuals making requests.

* * * * *
    (g) In general, TVA offices located in the Eastern Time zone are 
open 8 a.m. to 4:45 p.m., and those in the Central Time zone 7:30 a.m. 
to 4:15 p.m. Offices are closed on Saturdays, Sundays, and the 
following holidays: New Year's Day, Birthday of Martin Luther King, 
Jr., Presidents' Day, Memorial Day, Independence Day, Labor Day, 
Columbus Day, Veterans Day, Thanksgiving Day, and Christmas Day.

0
9. Revise Sec.  1301.16 to read as follows:


Sec.  1301.16  Special procedures--medical records.

    If, in the judgment of TVA, the transmission of medical records, 
including psychological records, directly to a requesting individual 
could have an adverse effect upon such individual, TVA may refuse to 
disclose such information directly to the individual. TVA will, 
however, disclose this information to a licensed health care provider 
or legal representative designated by the individual in writing who 
should then provide the records to the individual along with any 
necessary interpretations.

0
10. In Sec.  1301.19, revise paragraph (a) introductory text to read as 
follows:


Sec.  1301.19  Appeals on initial adverse agency determination or 
correction or amendment.

    (a) An individual may appeal an initial determination refusing to 
amend that individual's record in accordance with this section. An 
appeal must be taken within 20 days of receipt of notice of TVA's 
initial refusal to amend the record and is taken by delivering a 
written notice of appeal to the Privacy Act Reviewing Official, 
Tennessee Valley Authority, Knoxville, Tennessee 37902-1401. Such 
notice shall be signed by the appellant and shall state:
* * * * *

0
11. Revise Sec.  1301.23 to read as follows:


Sec.  1301.23  General exemptions.

    Individuals may not have access to records maintained by TVA but 
which were provided by another agency which has determined by 
regulation that such information is subject to general exemption under 
5 U.S.C. 552a(j). If such exempt records are within a request for 
access, TVA will advise the individual of their existence and of the 
name and address of the source agency. For any further information 
concerning the record and the exemption, the individual must contact 
that source agency.

0
12. In Sec.  1301.24, revise paragraphs (b)(1) and (c)(1) to read as 
follows:


Sec.  1301.24  Specific exemptions.

* * * * *
    (b)(1) The TVA systems ``Apprentice Training Record System-TVA,'' 
``Consultant and Contractor Records-TVA,'' ``Employment Applicant 
Files-TVA,'' ``Personnel Files-TVA,'' and ``Nuclear Quality Assurance 
Personnel Records-TVA'' are exempted from subsections (d); (e)(4)(H); 
(f)(2), (3), and (4) of 5 U.S.C. 552a and corresponding sections of 
these rules to the extent that disclosure of material would reveal the 
identity of a source who furnished information to the Government under 
an express promise that the identity of the source would be held in 
confidence, or prior to September 27, 1975, under an implied promise 
that the identity of the source would be held in confidence. These TVA 
systems are exempted pursuant to section (k)(5) of 5 U.S.C. 552a 
(section 3 of the Privacy Act).
* * * * *
    (c)(1) The TVA systems ``Apprentice Training Record System-TVA,'' 
``Consultant and Contractor Records-

[[Page 11737]]

TVA,'' ``Employment Applicant Files-TVA,'' and ``Personnel Files-TVA,'' 
are exempted from subsections (d); (e)(4)(H); (f)(2), (3), and (4) of 5 
U.S.C. 552a and corresponding sections of these rules to the extent 
that disclosure of testing or examination material used solely to 
determine individual qualifications for appointment or promotion in the 
Federal service would compromise the objectivity or fairness of the 
testing or examination process. These systems are exempted pursuant to 
section (k)(6) of 5 U.S.C. 552a (section 3 of the Privacy Act).
* * * * *

Subpart C--Government in the Sunshine Act

0
13. The authority citation for part 1301, Subpart C, is revised to read 
as follows:

    Authority: 16 U.S.C. 831-831ee, 5 U.S.C. 552b.


0
14. In Sec.  1301.42, revise paragraph (b) to read as follows:


Sec.  1301.42  Definitions.

* * * * *
    (b) The term meeting means the deliberations of five or more 
members of the TVA Board where such deliberations determine or result 
in the joint conduct or disposition of official TVA business, but the 
term does not include deliberations required or permitted by Sec.  
1301.44 or Sec.  1301.45;
* * * * *

0
15. In Sec.  1301.44, revise paragraphs (b) and (c) to read as follows:


Sec.  1301.44  Notice of meetings.

* * * * *
    (b) Such public announcement shall be made at least one week before 
the meeting unless a majority of the members determines by a recorded 
vote that TVA business requires that such meeting be called at an 
earlier date. If an earlier date is so established, TVA shall make such 
public announcement at the earliest practicable time.
    (c) Following a public announcement required by paragraph (a) of 
this section, the time or place of the meeting may be changed only if 
TVA publicly announces the change at the earliest practicable time. The 
subject matter of a meeting or the determination to open or close a 
meeting or portion of a meeting to the public may be changed following 
the public announcement required by paragraph (a) of this section only 
if a majority of the entire membership determines by a recorded vote 
that TVA business so requires and that no earlier announcement of the 
change was possible and if TVA publicly announces such change and the 
vote of each member upon such change at the earliest, practicable time.
* * * * *

0
16. In Sec.  1301.45, revise paragraph (a) to read as follows:


Sec.  1301.45  Procedure for closing meetings.

    (a) Action under Sec.  1301.46 to close a meeting shall be taken 
only when a majority of the members vote to take such action. A 
separate vote shall be taken with respect to each meeting a portion or 
portions of which are proposed to be closed to the public pursuant to 
Sec.  1301.46 or with respect to any information which is proposed to 
be withheld under Sec.  1301.46. A single vote may be taken with 
respect to a series of meetings, a portion or portions of which are 
proposed to be closed to the public, or with respect to any information 
concerning such series of meetings, so long as each meeting in such 
series involves the same particular matters and is scheduled to be held 
no more than 30 days after the initial meeting in such series. The vote 
of each member participating in such vote shall be recorded and no 
proxies shall be allowed.
* * * * *

0
17. In Sec.  1301.48, revise paragraphs (a), (c), and (d) to read as 
follows:


Sec.  1301.48  Public availability of transcripts and other documents.

    (a) Public announcements of meetings pursuant to Sec.  1301.44, 
written copies of votes to change the subject matter of meetings made 
pursuant to Sec.  1301.44(c), written copies of votes to close meetings 
and explanations of such closings made pursuant to Sec.  1301.45(c), 
and certifications of the General Counsel made pursuant to Sec.  
1301.45(d) shall be available for public inspection during regular 
business hours in the TVA Research Library, 400 W. Summit Hill Drive, 
Knoxville, Tennessee 37902-1401.
* * * * *
    (c) In the event the person making a request under paragraph (b) of 
this section has reason to believe that all transcripts, electronic 
recordings, or minutes or portions thereof requested by that person and 
required to be made available under paragraph (b) of this section were 
not made available, the person shall make a written request to the 
Senior Manager, Media Relations, for such additional transcripts, 
electronic recordings, or minutes or portions thereof as that person 
believes should have been made available under paragraph (b) of this 
section and shall set forth in the request the reasons why such 
additional material is required to be made available with sufficient 
particularity for the Senior Manager, Media Relations, to determine the 
validity of such request. Promptly after a request pursuant to this 
paragraph is received, the Senior Manager, Media Relations, or his/her 
designee shall make a determination as to whether to comply with the 
request, and shall immediately give written notice of the determination 
to the person making the request. If the determination is to deny the 
request, the notice to the person making the request shall include a 
statement of the reasons for the denial, a notice of the right of the 
person making the request to appeal the denial to TVA's Senior Vice 
President, Communications, and the time limits thereof.
    (d) If the determination pursuant to paragraph (c) of this section 
is to deny the request, the person making the request may appeal such 
denial to TVA's Senior Vice President, Communications. Such an appeal 
must be taken within 30 days after the person's receipt of the 
determination by the Senior Manager, Media Relations, and is taken by 
delivering a written notice of appeal to the Senior Vice President, 
Communications, Tennessee Valley Authority, Knoxville, Tennessee 37902-
1401. Such notice shall include a statement that it is an appeal from a 
denial of a request under Sec.  1301.48(c) and the Government in the 
Sunshine Act and shall indicate the date on which the denial was issued 
and the date on which the denial was received by the person making the 
request. Promptly after such an appeal is received, TVA's Senior Vice 
President, Communications, or the Senior Vice President's designee 
shall make a final determination on the appeal. In making such a 
determination, TVA will consider whether or not to waive the provisions 
of any exemption contained in Sec.  1301.46. TVA shall immediately give 
written notice of the final determination to the person making the 
request. If the final determination on the appeal is to deny the 
request, the notice to the person making the request shall include a 
statement of the reasons for the denial and a notice of the person's 
right to judicial review of the denial.
* * * * *

    Dated: March 5, 2010.
Maureen H. Dunn,
General Counsel and Secretary.
[FR Doc. 2010-5297 Filed 3-11-10; 8:45 am]
BILLING CODE 8120-08-P