[Federal Register Volume 74, Number 60 (Tuesday, March 31, 2009)]
[Notices]
[Pages 14608-14610]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-7204]


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TENNESSEE VALLEY AUTHORITY


Privacy Act of 1974: Notice of System of Records

AGENCY: Tennessee Valley Authority (TVA).

ACTION: Notice; correction of system of records.

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SUMMARY: In accordance with 5 U.S.C. 552a(e)(4), the Tennessee Valley 
Authority (TVA) republished in full a notice of the existence and 
character of each TVA system of records. The notices were published at 
73 FR 62788-62814, Oct. 21, 2008.
    TVA is correcting the system of records notice, TVA-31, OIG 
Investigative Records-TVA.

DATES: This correction is effective March 31, 2009.

ADDRESSES: Address all comments concerning this notice to Mark R. 
Winter, Privacy Coordinator, TVA, 1101 Market Street (MP 3C), 
Chattanooga, TN 37402-2801.

FOR FURTHER INFORMATION CONTACT: Mark R. Winter at (423) 751-6004.

SUPPLEMENTARY INFORMATION: In accordance with 5 U.S.C. 552a(e)(4),

[[Page 14609]]

TVA republished in full a notice of the existence and character of each 
TVA system of records. The notices were published at 73 FR 62788-62814, 
Oct. 21, 2008.
    TVA is correcting the system of records notice, TVA-31, OIG 
Investigative Records-TVA. The notice was last published at 73 FR 
62807-62808. TVA is publishing the corrected notice in its entirety.
    TVA is correcting the section entitled ``SYSTEMS EXEMPTED FROM 
CERTAIN PROVISIONS OF THE ACT'' to read ``This system is exempt from 
subsections (c)(3), (d), (e)(1), (e)(4)(G), (H), and (I) and (f) of 5 
U.S.C. 552a (section 3 of the Privacy Act of 1974) pursuant to 5 U.S.C. 
552a(k)(2) and TVA regulations at 18 CFR 1301.24. This system is exempt 
from subsections (c)(3), (d), (e)(1), (e)(2), (e)(3), (e)(4)(G), (H), 
and (I), (e)(5), (e)(8), and (g) of 5 U.S.C. 552a (section 3 of the 
Privacy Act of 1974) pursuant to 5 U.S.C. 552a(j)(2) and TVA 
regulations at 18 CFR 1301.24.''
    This exemption appeared as a proposed rule amending 18 CFR part 
1301 at 58 FR 57972-57974, Oct. 28, 1993. It was published as a final 
rule at 61 FR 2111, Jan. 25, 1996.
TVA-31

SYSTEM NAME:
    OIG Investigative Records--TVA.

SYSTEM LOCATION:
    Office of the Inspector General, TVA, Knoxville, TN 37902-1499. 
Duplicate copies of certain documents may also be located in the files 
of other offices and divisions.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Individuals and entities who are or have been the subjects of 
investigations by the Office of the Inspector General (OIG), or who 
provide information in connection with such investigations, including 
but not limited to: Employees; former employees; current or former 
contractors and subcontractors and their employees; consultants; and 
other individuals and entities which have or are seeking to obtain 
business or other relations with TVA.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Information relating to investigations, including information 
provided by known or anonymous complainants; information provided by 
the subjects of investigations; information provided by individuals or 
entities with whom the subjects are associated (e.g., coworkers, 
business associates, relatives); information provided by Federal, 
State, or local investigatory, law enforcement, or other Government or 
non-Government agencies; information provided by witnesses and 
confidential sources; information from public source materials; 
information from commercial data bases or information resources; 
investigative notes; summaries of telephone calls; correspondence; 
investigative reports or prosecutive referrals; and information about 
referrals for criminal prosecutions, civil proceedings, and 
administrative actions taken with respect to the subjects.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Tennessee Valley Authority Act of 1933, 16 U.S.C. 831-831ee; 
Executive Order 10450; Executive Order 11222; Hatch Act, 5 U.S.C. 7324-
7327; 28 U.S.C. 535; Proposed Plan for the Creation, Structure, 
Authority, and Function of the Office of Inspector General, Tennessee 
Valley Authority, approved by the TVA Board of Directors on October 18, 
1985; TVA Code XIII INSPECTOR GENERAL, approved by the TVA Board of 
Directors on February 19, 1987; Inspector General Act Amendments of 
1988, Public Law 100-504, 102 Stat. 2515, and 2000 amendments to the 
Inspector General Act, Public Law 106-422, 114 Stat. 1872.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    To refer, where there is an indication of a violation of statute, 
regulation, order, or similar requirement, whether criminal, civil, or 
regulatory in nature, to the appropriate entity, including Federal, 
State, or local agencies or other entities charged with enforcement, 
investigative, or oversight responsibility.
    To provide information to a Federal, State, or local entity (1) in 
connection with the hiring or retention of an individual, the letting 
of a contract, or issuance of a license, grant, or other benefit by the 
requesting entity to the extent that the information is relevant to a 
decision on such matters, or (2) in connection with any other matter 
properly within the jurisdiction of such other entity and related to 
its prosecutive, investigatory, regulatory, administrative, or other 
responsibilities.
    To the appropriate entity, whether Federal, State, or local, in 
connection with its oversight or review responsibilities or authorized 
law enforcement activities.
    To respond to a request from a Member of Congress regarding an 
individual, or to report to a Member on the results of investigations, 
audits, or other activities of OIG.
    To the parties or complainants, their representatives, and 
impartial referees, examiners, administrative judges, or other decision 
makers in proceedings under the TVA grievance adjustment procedures, 
Equal Employment Opportunity procedures, Merit Systems Protection 
Board, or similar procedures.
    To the subjects of an investigation and their representatives in 
the course of a TVA investigation of misconduct; to any other person or 
entity that has or may have information relevant to the investigation 
to the extent necessary to assist in the conduct of the investigation, 
such as to request information.
    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 of a court of competent 
jurisdiction.
    To a consultant, private firm, or individual who contracts or 
subcontracts with TVA, to the extent necessary to the performance of 
the contract.
    To request information from a Federal, State, or local agency 
maintaining civil, criminal, or other relevant or potentially relevant 
information; and to request information from private individuals or 
entities, if necessary, to acquire information pertinent to the hiring, 
retention, or promotion of an employee; the issuance of a security 
clearance; the conduct of a background or other investigation; or other 
matter within the purposes of this system of records.
    To the public when: (1) The matter under investigation has become 
public knowledge, or (2) when the Inspector General determines that 
such disclosure is necessary (a) to preserve confidence in the 
integrity of the OIG investigative process, or (b) to demonstrate the 
accountability of TVA officers, or employees, or other individuals 
covered by this system; unless the Inspector General determines that 
disclosure of the specific information in the context of a particular 
case would constitute an unwarranted invasion of personal privacy.
    To the news media and public when there exists a legitimate public 
interest (e.g., to provide information on events in the criminal 
process, such as indictments), or when necessary for protection from 
imminent threat to life or property.

[[Page 14610]]

    To members of the President's Council on Integrity and Efficiency, 
for the preparation of reports to the President and Congress on the 
activities of the Inspectors General.
    To members of the President's Council on Integrity and Efficiency, 
the Department of Justice, the Federal Bureau of Investigation, or the 
U.S. Marshals Service, as necessary, for the purpose of conducting 
qualitative assessment reviews of the investigative operations of TVA 
OIG to ensure that adequate internal safeguards and management 
procedures are maintained.
    To appropriate agencies, entities, and persons when (a) TVA 
suspects or has confirmed that the security or confidentiality of 
information in the system of records has been compromised; (b) TVA has 
determined that as a result of the suspected or confirmed compromise 
there is a risk of harm to economic or property interest, identity 
theft or fraud, or harm to the security or integrity of this system or 
other systems or programs (whether maintained by TVA or another agency 
or entity) that rely upon the compromised information; and (c) 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 compromise and prevent, minimize, or remedy such 
harm.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    Records are maintained on automated data storage devices, hard-copy 
printouts, and in file folders.

RETRIEVABILITY:
    Records are indexed and retrieved by individual name or case file 
number.

SAFEGUARDS:
    Access to and use of records is limited to authorized staff in OIG 
and to other authorized officials and employees of TVA on a need-to-
know basis as determined by OIG management. Security will be provided 
by physical, administrative, and computer system safeguards. Files will 
be kept in secured facilities not accessible to unauthorized 
individuals.

RETENTION AND DISPOSAL:
    Records are maintained in accordance with established TVA record 
retention schedules.

SYSTEM MANAGER(S) AND ADDRESS:
    Inspector General, TVA, Knoxville, TN 37902-1499.

NOTIFICATION PROCEDURE:
    This system of records is exempt from this requirement pursuant to 
5 U.S.C. 552a(k)(2) and TVA regulations at 18 CFR 1301.24.

RECORD ACCESS PROCEDURES:
    This system of records is exempt from this requirement pursuant to 
5 U.S.C. 552a(k)(2) and TVA regulations at 18 CFR 1301.24.

CONTESTING RECORD PROCEDURES:
    This system of records is exempt from this requirement pursuant to 
5 U.S.C. 552a(k)(2) and TVA regulations at 18 CFR 1301.24.

SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:
    This system is exempt from subsections (c)(3), (d), (e)(1), 
(e)(4)(G), (H), and (I) and (f) of 5 U.S.C. 552a (section 3 of the 
Privacy Act of 1974) pursuant to 5 U.S.C. 552a(k)(2) and TVA 
regulations at 18 CFR 1301.24. This system is exempt from subsections 
(c)(3), (d), (e)(1), (e)(2), (e)(3), (e)(4)(G), (H), and (I), (e)(5), 
(e)(8), and (g) of 5 U.S.C. 552a (section 3 of the Privacy Act of 1974) 
pursuant to 5 U.S.C. 552a(j)(2) and TVA regulations at 18 CFR 1301.24.

James W. Sample,
Director of Cyber Security.
[FR Doc. E9-7204 Filed 3-30-09; 8:45 am]
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