[Federal Register Volume 85, Number 169 (Monday, August 31, 2020)]
[Notices]
[Pages 53900-53902]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-19170]


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TENNESSEE VALLEY AUTHORITY


Privacy Act of 1974: Notice of Systems of Records

AGENCY: Tennessee Valley Authority (TVA).

ACTION: Notice of a new System of Records.

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SUMMARY: In accordance with the Privacy Act of 1974, as amended, the 
Tennessee Valley Authority (TVA) proposes to establish a new system of 
records entitled Freedom of Information Act (FOIA) Requests and 
Administrative Appeals Files to cover both electronic and paper files 
created during the processing of access requests and appeals under the 
FOIA.

DATES: This notice will be effective without further notice on October 
30, 2020. unless modified by a subsequent notice to incorporate 
comments received from the public. Written or electronic comments must 
be received on or before September 30, 2020 to be assured 
consideration.

ADDRESSES: Comments should be directed to the Senior Privacy Program 
Manager: Christopher A. Marsalis, Tennessee Valley Authority, 400 W. 
Summit Hill Dr. (WT 5D), Knoxville, Tennessee 37902-1401; telephone 
(865) 632-2467 or by email at [email protected].

FOR FURTHER INFORMATION CONTACT: Christopher A. Marsalis at (865) 632-
2467 or [email protected].

SUPPLEMENTARY INFORMATION: The FOIA system contains electronic 
information of each request and administrative appeal made to TVA 
pursuant to the FOIA, as well as correspondence related to the requests 
and appeals. In addition, the system allows the public to submit FOIA 
requests and appeals.

[[Page 53901]]

    The system includes a public access link on the TVA website where 
the public can submit a request. It also has interoperability with the 
National FOIA Portal which is required for all federal agencies no 
later than 2023.

SYSTEM NAME AND NUMBER:
    Freedom of Information Act (FOIA) Requests and Appeals Files. TVA-
40.

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    The records in this system are maintained at the Tennessee Valley 
Authority, Knoxville, Tennessee.

SYSTEM MANAGER(S):
    TVA FOIA Officer, Tennessee Valley Authority, 400 W Summit Hill Dr. 
SW, Knoxville, TN 37902.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    FOIA, 5 U.S.C. 552, as amended.

PURPOSE(S) OF THE SYSTEM:
    Only authorized FOIA officials will utilize this system to 
effectively monitor and track access requests and administrative 
appeals under the FOIA; and to satisfy TVA's reporting obligations 
under the FOIA.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    This system contains records on individuals or their 
representatives who have submitted FOIA requests for records and/or 
FOIA administrative appeals with TVA, and individuals whose FOIA 
requests for records have been referred to TVA by other Federal 
agencies.

CATEGORIES OF RECORDS IN THE SYSTEM:
    This system consists of records created or compiled in response to 
FOIA requests for records or subsequent administrative appeals to 
include: the requester's name, home phone, home address, home email, 
work address, work phone, and work email; the original requests and 
administrative appeals; responses to such requests and appeals; all 
related memoranda, correspondence, notes, and other related or 
supporting documentation, summary of log; and in some instances copies 
of requested records.

RECORD SOURCE CATEGORIES:
    Information in this system of records is obtained from the 
individual submitting the request, TVA officials, and other Federal 
agencies, if appropriate.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND PURPOSES OF SUCH USES:
    TVA may disclose information contained in a record in this system 
of records under the routine uses listed in this system of records 
without the consent of the individual if the disclosure is compatible 
with a purpose for which the record was collected.
    (1) To respond to a request from a Member of Congress regarding an 
individual's request.
    (2) When a record on its face, or in conjunction with other 
records, indicates a violation or potential violation of law, whether 
civil, criminal or regulatory in nature, and whether arising by general 
statute or particular program statute, or by regulation, rule, or order 
issued pursuant thereto, disclosure may be made to the appropriate 
agency, whether Federal, foreign, State, local, or tribal, or other 
public authority responsible for enforcing, investigating or 
prosecuting such violation or charged with enforcing or implementing 
the statute, or rule, regulation, or order issued pursuant thereto, if 
the information disclosed is relevant to any enforcement, regulatory, 
investigative or prosecute responsibility of the receiving entity.
    (3) To the National Archives and Records Administration for 
purposes of records management inspections conducted under the 
authority of 44 U.S.C. 2904 and 2906.
    (4) To the National Archives and Records Administration, Office of 
Government Information Services (OGIS), to the extent necessary to 
fulfill its responsibilities in 5 U.S.C. 552(h), to review 
administrative agency policies, procedures, and compliance with the 
Freedom of Information Act, and to facilitate OGIS' offering of 
mediation services to resolve disputes between persons making FOIA 
requests and administrative agencies.
    (5) To contractors, grantees, experts, consultants, students, and 
others performing or working on a contract, service, grant, cooperative 
agreement, or other assignment for the Federal government, when 
necessary to accomplish an agency function related to this system of 
records.
    (6) To an agency, organization, or individual for the purpose of 
performing audit or oversight operations as authorized by law, but only 
such information as is necessary and relevant to such audit or 
oversight function.
    (7) To a Federal agency in order to obtain advice and 
recommendations concerning matters on which the agency has specialized 
experience or particular competence, for use in making required 
determinations under the FOIA.
    (8) To a submitter or subject of a record or information in order 
to obtain assistance to TVA in making a determination as to access or 
amendment.
    (9) In litigation to which TVA is a party or in which TVA provides 
legal representation for a party by TVA attorneys or otherwise, for use 
for any purpose including the presentation of evidence and disclosure 
in the course of discovery. In all other litigation, to respond to 
process issued under color of authority or a court of competent 
jurisdiction.
    (10) To appropriate agencies, entities, and persons when (1) TVA 
suspects or has confirmed that there has been a breach of the system of 
records, (2) TVA has determined that as a result of the suspected or 
confirmed breach there is a risk of harm to individuals, TVA (including 
its information systems, programs, and operations), the Federal 
Government, or national security; and (3) the disclosure made to such 
agencies, entities, and persons is reasonably necessary to assist in 
connection with TVA's efforts to respond to the suspected or confirmed 
breach or to prevent, minimize, or remedy such harm.
    (11) To another Federal agency or Federal entity, when TVA 
determines that information from this system of records is reasonably 
necessary to assist the recipient agency or entity in (1) responding to 
a suspected or confirmed breach or (2) preventing, minimizing, or 
remedying the risk of harm to individuals, the recipient agency or 
entity (including its information systems, programs, and operations), 
the Federal Government, or national security, resulting from a 
suspected or confirmed breach.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    Hardcopy records are stored in secure locations. Electronic records 
are maintained in various computer databases and in electronic files 
maintained by TVA component offices.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Electronic and paper records are generally retrieved by the name of 
the requester, tracking number, or the subject of the request.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    Records are retained and disposed of in accordance with the 
National Archives and Records Administration's General Records Schedule 
4.2, but may

[[Page 53902]]

be retained for a longer period as required by litigation, open 
investigation, and/or audit.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    Information in this system is safeguarded in accordance with 
applicable laws, rules, and policies including TVA's automated systems 
security and access policies. In general, records and technical 
equipment are maintained in buildings with restricted access. The 
required use of password protection identification features and other 
system protection methods also restrict access. Access is limited to 
those employees who have an official need for access in order to 
perform their duty.

RECORD ACCESS PROCEDURES:
    Individuals seeking to gain access to information about them in 
this system of records should contact the system manager. Your full 
name and current address should accompany requests for access.

CONTESTING RECORD PROCEDURES:
    Individuals desiring to contest or amend information about them 
maintained in this system should direct their request to the system 
manager. Please state clearly and concisely what information is being 
contested, the reasons for contesting it, and the proposed amendment to 
the information sought.

NOTIFICATION PROCEDURES:
    Individuals wishing to learn if information on them is maintained 
in this system of records should address inquires to system manager.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    During the course of a FOIA action, material from other Privacy Act 
systems of records may become part of the case records in this system 
of records. To the extent that copies of these records from these other 
systems of records are entered into these case records, TVA hereby 
claims the same status for the records as claimed in the original, 
primary system of records from which they originated, or in which they 
are maintained.

HISTORY:
    This is a new system of record notice.

Andrea S. Brackett,
Vice President, TVA Cybersecurity.
[FR Doc. 2020-19170 Filed 8-28-20; 8:45 am]
BILLING CODE 8120-08-P