Federal Register / Vol. 76, No. 41 / Wednesday, March 2, 2011 / Notices 11435 

On February 20, 2009, another vendor 

in the selection process filed a grievance 

with the SLA contesting the 

Complainant’s award of the USPS 

facility contract. On the same date, the 

SLA notified Complainant that the 

implementation of her vending contract 

at the USPS facility was being 

suspended pending the outcome of the 

other vendor’s grievance. 

On May 14, 2009, the SLA held a state 

fair hearing for the vendor contesting 

Complainant’s award of the USPS 

facility. On June 4, 2009, the hearing 

officer ruled that the January 28, 2009 

interview process, in which 

Complainant participated, was not 

impartial or objective. Thus, the hearing 

officer ordered that the January 28, 2009 

interview process be invalidated and 

that another interview process be held. 

On June 9, 2009, Complainant filed a 

grievance with the SLA of the hearing 

officer’s decision in the other vendor’s 

state fair hearing. Complainant 

participated in the new interview 

process on July 2, 2009. However, she 

was not awarded the USPS facility 

contract. 

On July 22, 2009, Complainant filed a 

grievance with the SLA challenging the 

SLA’s decision to award the contract for 

the USPS facility to the other vendor 

after the conclusion of the new 

interview process. On July 24, 2009, the 

SLA filed a motion with the hearing 

officer to dismiss Complainant’s 

grievance. On July 27, 2009, 

Complainant filed a written objection to 

the SLA’s motion. 

On August 12, 2009, a state fair 

hearing was held on the award of the 

contract to another vendor. The hearing 

officer directed both the Complainant 

and the SLA to submit briefs regarding 

the SLA’s Motion to Dismiss. On 

September 23, 2009, the hearing officer 

issued a Memorandum recommending 

that the SLA’s motion be granted, ruling 

that the Complainant did not have the 

right to appeal a decision to award a 

contract to another vendor. However, 

the hearing officer noted that 

Complainant had the right to challenge 

the SLA’s decision to terminate her 

contract at the USPS facility in a 

separate process under the SLA’s 

administrative rules. 

On September 25, 2009, the SLA 

director issued a decision as final 

agency action adopting the hearing 

officer’s recommendation and dismissed 

Complainant’s grievance on the grounds 

that she sought to appeal a nonappealable issue—namely, the final 

decision in the grievance of another 

vendor in violation of the SLA’s 

administrative rules. Complainant 

sought review by a federal arbitration 

panel of the SLA’s final decision. On 

July 21, 2010, a federal arbitration panel 

heard this complaint. According to the 

arbitration panel, the central issue was 

whether the Illinois Department of 

Human Services, Division of 

Rehabilitative Services wrongfully 

dismissed the attempt by the 

Complainant to appeal a decision 

rendered in another blind vendor’s state 

fair hearing. 

Arbitration Panel Decision 

After hearing testimony and 

reviewing all of the evidence, the panel 

ruled to uphold the state fair hearing 

officer’s decision to summarily dismiss 

the Complainant’s appeal of another 

vendor’s state fair hearing decision. 

Specifically, the panel relied on the 

Illinois Administrative Code (IAC) Title 

89; Social Services, Chapter IV, 

Department of Human Services, 

Subchapter a: General Program 

Provisions, Part 510, Appeals and 

Hearings Sections 510.20 and 510.l30 

which states that a vendor cannot 

appeal another vendor’s decision. 

However, the panel noted that the IAC 

does allow Complainant to file her own 

grievance in opposition to the other 

vendor being awarded the USPS facility 

contract. The panel further denied 

Complainant’s request for costs and 

attorneys’ fees concluding that these 

expenses were incurred by the 

Complainant when she pursued the 

wrong course of action instead of filing 

her own grievance regarding the 

decision to award the other vendor the 

contract for the USPS facility. 

The views and opinions expressed by 

the panel do not necessarily represent 

the views and opinions of the 

Department. 

Electronic Access to This Document: 

You can view this document, as well as 

all other Department of Education 

documents published in the Federal 

Register, in text or Adobe Portable 

Document Format (PDF) on the Internet 

at the following site: http://www.ed.gov/ 

news/fedregister. To use PDF you must 

have Adobe Acrobat Reader, which is 

available free at this site. 

Note: The official version of this document 

is the document published in the Federal 

Register. Free Internet access to the official 

edition of the Federal Register and the Code 

of Federal Regulations is available on GPO 

Access at: http://www.gpoaccess.gov/nara/ 

index.html. 

Dated: February 25, 2011. 

Alexa Posny, 

Assistant Secretary for Special Education and 

Rehabilitative Services. 

[FR Doc. 2011–4668 Filed 3–1–11; 8:45 am] 

BILLING CODE 4000–01–P 

DEPARTMENT OF EDUCATION 

Privacy Act of 1974; Computer 

Matching Program 

AGENCY: Department of Education. 

ACTION: Notice—Computer Matching 

between the U.S. Department of 

Education and the Social Security 

Administration. 

SUMMARY: Pursuant to the Computer 

Matching and Privacy Protection Act of 

1988, Public Law 100–503, the 

Computer Matching and Privacy 

Protections Amendments of 1990, Pub. 

L. 101–508, and Office of Management 

and Budget (OMB) guidance on the 

conduct of computer matching 

programs, notice is hereby given of the 

renewal of the computer matching 

program between the U.S. Department 

of Education (ED) (recipient agency), 

and the Social Security Administration 

(SSA) (source agency). This renewal of 

the computer matching program 

between SSA and ED will become 

effective as explained in this notice. 

In accordance with the Privacy Act of 

1974 (5 U.S.C. 552a), as amended, OMB 

Final Guidance Interpreting the 

Provisions of Public Law 100–503, the 

Computer Matching and Privacy 

Protection Act of 1988, published in the 

Federal Register on June 19, 1989 (54 

FR 25818), and OMB Circular No. A– 

130, Transmittal Memorandum #4, 

Management of Federal Information 

Resources (November 28, 2000) we 

provide the following information: 

1. Names of Participating Agencies 

The U.S. Department of Education 

and the Social Security Administration. 

2. Purpose of the Match 

The purpose of this matching program 

between ED and SSA is to assist the 

Secretary of Education with verification 

of immigration status and Social 

Security numbers (SSNs) under 20 

U.S.C. 1091(g) and (p). SSA will verify 

the issuance of an SSN to, and will 

confirm the citizenship status, as 

recorded in SSA’s records, of those 

students and parents applying for aid 

under a student financial assistance 

program authorized under Title IV of 

the Higher Education Act of 1965, as 

amended (HEA). Verification of this 

information by SSA will help ED satisfy 

its obligation to ensure that individuals 

applying for financial assistance meet 

eligibility requirements imposed by the 

HEA. 

Verification by this computer 

matching program effectuates the 

purpose of the HEA because it provides 

an efficient and comprehensive method 


emcdonald on DSK2BSOYB1PROD with NOTICES
11436 Federal Register / Vol. 76, No. 41 / Wednesday, March 2, 2011 / Notices 

of verifying the accuracy of each 

individual’s SSN and claim to a 

citizenship status that permits that 

individual to qualify for Title IV, HEA 

assistance. 

3. Authority for Conducting the 

Matching Program 

ED is authorized to participate in the 

matching program under sections 484(p) 

(20 U.S.C. 1091(p)); 484(g) (20 U.S.C. 

1091(g)); 483(a)(12) (20 U.S.C. 

1090(a)(12)); and 428B(f)(2) (20 U.S.C. 

1078–2(f)(2)) of the HEA. 

SSA is authorized to participate in the 

matching program under section 1106(a) 

of the Social Security Act (42 U.S.C. 

1306(a)) and the regulations 

promulgated pursuant to that section 

(20 CFR part 401). 

4. Categories of Records and 

Individuals Covered by the Match 

The Federal Student Aid Application 

File (18–11–01), which contains the 

information to determine an applicant’s 

eligibility for Federal student financial 

assistance, and the ED personal 

information number (PIN) Registration 

System of Records (18–11–12), which 

contains the applicant’s information to 

receive an ED PIN, will be matched 

against SSA’s Master Files of Social 

Security Number Holders and SSN 

Applications System, SSA/OS, 60–0058, 

which maintains records about each 

individual who has applied for and 

obtained an SSN. 

5. Effective Dates of the Matching 

Program 

This matching program must be 

approved by the Data Integrity Board of 

each agency. The computer matching 

agreement will become effective on the 

last of the following dates: (1) April 10, 

2011; (2) 40 days after the approved 

agreement and report on the matching 

program are sent to Congress and OMB 

(or later if OMB objects to some or all 

of the agreement) unless OMB waives 10 

days of this 40-day period for 

compelling reasons shown, in which 

case 30 days after transmission of the 

report to Congress and OMB; or (3) 30 

days after publication of this notice in 

the Federal Register. 

The matching program will continue 

for 18 months after the effective date 

and may be extended for an additional 

12 months thereafter, if the conditions 

specified in 5 U.S.C. 552a(o)(2)(D) have 

been met. 

6. Address for Receipt of Public 

Comments or Inquiries 

Individuals wishing to comment on 

this matching program, or to obtain 

additional information about the 

program, including a copy of the 

computer matching agreement between 

ED and SSA, should contact Leroy 

Everett, Management and Program 

Analyst, U.S. Department of Education, 

Union Center Plaza, 830 First Street, 

NE., Washington, DC 20202–5454. 

Telephone: (202) 377–3265. If you use a 

telecommunications device for the deaf 

(TDD), call the Federal Relay Service 

(FRS), toll free, at 1–800–877–8339. 

Individuals with disabilities can 

obtain this document in an accessible 

format (e.g., braille, large print, 

audiotape, or computer diskette) by 

contacting the contact person listed in 

the preceding paragraph. 

Electronic Access to This Document 

You can view this document, as well 

as all other documents of this 

Department published in the Federal 

Register, in text or Adobe Portable 

Document Format (PDF) on the Internet 

at the following site: http://www.ed.gov/ 

news/fedregister. 

To use PDF you must have Adobe 

Acrobat Reader, which is available free 

at this site. 

Note: The official version of this document 

is the document published in the Federal 

Register. Free Internet access to the official 

edition of the Federal Register and the Code 

of Federal Regulations is available on GPO 

Access at: http://www.gpoaccess.gov/nara/ 

index.html. 

Dated: February 25, 2011. 

James W. Runcie, 

Deputy Chief Operating Officer, Federal 

Student Aid, U.S. Department of Education. 

[FR Doc. 2011–4669 Filed 3–1–11; 8:45 am] 

BILLING CODE 4000–01–P 

DEPARTMENT OF ENERGY 

[OE Docket No. EA–290–B] 

Application to Export Electric Energy; 

Ontario Power Generation 

AGENCY: Office of Electricity Delivery 

and Energy Reliability, DOE. 

ACTION: Notice of Application. 

SUMMARY: Ontario Power Generation 

Inc. (OPG) has applied to renew its 

authority to transmit electric energy 

from the United States to Canada 

pursuant to section 202(e) of the Federal 

Power Act (FPA). 

DATES: Comments, protests, or requests 

to intervene must be submitted to DOE 

and received on or before April 1, 2011. 

ADDRESSES: Comments, protests, or 

requests to intervene should be 

addressed to: Christopher Lawrence, 

Office of Electricity Delivery and Energy 

Reliability, Mail Code: OE–20, U.S. 

Department of Energy, 1000 

Independence Avenue, SW., 

Washington, DC 20585–0350. Because 

of delays in handling conventional mail, 

it is recommended that documents be 

transmitted by overnight mail, by 

electronic mail to 

Christopher.Lawrence@hq.doe.gov, or by 

facsimile to 202–586–8008. 

FOR FURTHER INFORMATION CONTACT: 

Christopher Lawrence (Program Office) 

202–586–5260. 

SUPPLEMENTARY INFORMATION: Exports of 

electricity from the United States to a 

foreign country are regulated by the 

Department of Energy (DOE) pursuant to 

sections 301(b) and 402(f) of the 

Department of Energy Organization Act 

(42 U.S.C. 7151(b), 7172(f)) and require 

authorization under section 202(e) of 

the FPA (16 U.S.C.824a(e)). 

On June 23, 2004 the Department of 

Energy (DOE) issued Order No. EA–290, 

which authorized OPG to transmit 

electric energy from the United States to 

Canada as a power marketer for a twoyear term using existing international 

transmission facilities. DOE renewed 

the OPG export authorization on June 

21, 2006 in Order No. EA–290–A. Order 

No. EA–290–A will expire on June 21, 

2011. On January 10, 2011, OPG filed an 

application with DOE for renewal of the 

export authority contained in Order No. 

EA–290–A for a five-year term. 

The electric energy that OPG proposes 

to export to Canada would be surplus 

energy purchased from electric utilities, 

Federal power marketing agencies, and 

other entities within the United States. 

The existing international transmission 

facilities to be utilized by OPG have 

previously been authorized by 

Presidential permits issued pursuant to 

Executive Order 10485, as amended, 

and are appropriate for open access 

transmission by third parties. 

Procedural Matters: Any person 

desiring to become a party to these 

proceedings or to be heard by filing 

comments or protests to this application 

should file a petition to intervene, 

comment, or protest at the address 

provided above in accordance with 

§§ 385.211 or 385.214 of the Federal 

Energy Regulatory Commission’s Rules 

of Practice and Procedures (18 CFR 

385.211, 385.214). Fifteen copies of each 

petition and protest should be filed with 

DOE and must be received on or before 

the date listed above. 

Comments on the OPG application to 

export electric energy to Canada should 

be clearly marked with OE Docket No. 

290–B. Additional copies (one each) are 

to be filed directly with Andrew Barret, 

VP, Regulatory Affairs and Corporate 

Strategy, Ontario Power Generation Inc., 


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