Federal Register / Vol. 74, No. 121 / Thursday, June 25, 2009 / Notices 30361 

of retail rate design, recognizing that 

energy efficiency must be balanced with 

other objectives; 

(iv) Adopting rate designs that 

encourage energy efficiency for each 

customer class; 

(v) Allowing timely recovery of 

energy efficiency-related costs; and 

(vi) Offering home energy audits, 

offering demand response programs, 

publicizing the financial and 

environmental benefits associated with 

making home energy efficiency 

improvements, and educating 

homeowners about all existing Federal 

and State incentives, including the 

availability of low-cost loans, that make 

energy efficiency improvements more 

affordable. 

(3) Consideration of Smart Grid 

Investments.— 

(A) In General.—Each State shall 

consider requiring that, prior to 

undertaking investments in 

nonadvanced grid technologies, an 

electric utility of the State demonstrate 

to the State that the electric utility 

considered an investment in a qualified 

smart grid system based on appropriate 

factors, including— 

(i) Total costs; 

(ii) Cost-effectiveness; 

(iii) Improved reliability; 

(iv) Security; 

(v) System performance; and 

(vi) Societal benefit. 

(B) Rate Recovery.—Each State shall 

consider authorizing each electric utility 

of the State to recover from ratepayers 

any capital, operating expenditure, or 

other costs of the electric utility relating 

to the deployment of a qualified smart 

grid system, including a reasonable rate 

of return on the capital expenditures of 

the electric utility for the deployment of 

the qualified smart grid system. 

(C) Obsolete Equipment.—Each State 

shall consider authorizing any electric 

utility or other party of the State to 

deploy a qualified smart grid system to 

recover in a timely manner the 

remaining book-value costs of any 

equipment rendered obsolete by the 

deployment of the qualified smart grid 

system, based on the remaining 

depreciable life of the obsolete 

equipment. 

(4) Smart Grid Information.— 

(A) Standard.—All electricity 

purchasers shall be provided direct 

access, in written or electronic machinereadable form as appropriate, to 

information from their electricity 

provider as provided in subparagraph 

(B). 

(B) Information.—Information 

provided under this section, to the 

extent practicable, shall include: 

(i) Prices.—Purchasers and other 

interested persons shall be provided 

with information on (I) time-based 

electricity prices in the wholesale 

electricity market; and (II) time-based 

electricity retail prices or rates that are 

available to the purchasers. 

(ii) Usage.—Purchasers shall be 

provided with the number of electricity 

units, expressed in kwh, purchased by 

them. 

(iii) Intervals and projections.— 

Updates of information on prices and 

usage shall be offered on not less than 

a daily basis, shall include hourly price 

and use information, where available, 

and shall include a day-ahead 

projection of such price information to 

the extent available. 

(iv) Sources.—Purchasers and other 

interested persons shall be provided 

annually with written information on 

the sources of the power provided by 

the utility, to the extent it can be 

determined, by type of generation, 

including greenhouse gas emissions 

associated with each type of generation, 

for intervals during which such 

information is available on a costeffective basis. 

(C) Access.—Purchasers shall be able 

to access their own information at any 

time through the Internet and on other 

means of communication elected by that 

utility for Smart Grid applications. 

Other interested persons shall be able to 

access information not specific to any 

purchaser through the Internet. 

Information specific to any purchaser 

shall be provided solely to that 

purchaser. 

Procedures: Written data, views, and 

comments on the standards and the 

TVA staff report are requested from the 

public. All material relating to the 

standards or TVA staff report must be 

received by 5 p.m. EST on July 27, 2009. 

All materials received by TVA before 

this designated time will be considered 

by TVA. The TVA staff report, and 

comments on the report concerning the 

standards, will also be made part of the 

official record. In order to assist 

interested consumers in preparing 

written data, views, and comments for 

the record, TVA operates a Web site 

(http://www.tva.com/purpa) on which 

interested parties can be informed about 

the standards set out in this notice and 

on which interested parties can access 

the TVA staff report and submit 

comments and materials on the 

standards or the report. The official 

record will consist of the TVA staff 

report and all comments and materials 

submitted electronically and all written 

materials submitted within the time set 

forth above. A summary of the record 

will be prepared by TVA staff and will 

be transmitted to the TVA Board of 

Directors along with the complete 

record. The record will be used by the 

Board in making the determinations 

required by section 111(d) of the Public 

Utility Regulatory Policies Act of 1978 

(Pub. L. 95–617) as amended by the 

Energy Independence and Security Act 

of 2007 (Pub. L. 110–140) and in 

fulfilling its obligation under the 

Tennessee Valley Authority Act. 

Individual copies of the record will be 

available to the public at cost of 

reproduction. Copies will also be kept 

on file for public inspection at the 

following locations: Tennessee Valley 

Authority, 400 W. Summit Hill Drive, 

WT3D–K, Knoxville, TN 37902, and on 

the Web at http://www.tva.com/purpa. 

Dated: June 19, 2009. 

Maureen H. Dunn, 

Executive Vice President and General 

Counsel. 

[FR Doc. E9–14990 Filed 6–24–09; 8:45 am] 

BILLING CODE 8120–08–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

Privacy Act of 1974; System of 

Records 

AGENCY: Department of Veterans Affairs 

(VA). 

ACTION: Notice of amendment to system 

of records. 

SUMMARY: As required by the Privacy 

Act of 1974 (5 U.S.C. 552a(e)(4)), notice 

is hereby given that the Department of 

Veterans Affairs (VA) is amending the 

system of records entitled 

‘‘Administrator’s Official 

Correspondence Records-VA’’ 

(75VA001B),’’ as set forth in the Federal 

Register on August 29, 1989. VA is 

amending the system by updating its 

name, and revising the routine uses of 

records maintained in the system, 

including categories of users and the 

purposes of such uses. VA is 

republishing the system notice in its 

entirety. 

DATES: Comments on the amendment of 

this system of records must be received 

no later than July 27, 2009. If no public 

comment is received, the amended 

system will become effective July 27, 

2009. 

ADDRESSES: Written comments may be 

submitted through http:// 

www.Regulations.gov; by mail or handdelivery to the Director, Regulations 

Management (02REG), Department of 

Veterans Affairs, 810 Vermont Avenue, 

NW., Room 1068, Washington, DC 

20420; or by fax to (202) 273–9026. 

Comments should indicate that they are 

submitted in response to the 


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30362 Federal Register / Vol. 74, No. 121 / Thursday, June 25, 2009 / Notices 

amendment of ‘‘Department of Veterans 

Affairs Secretary’s Official 

Correspondence Records-VA’’ 

(75VA001B). Copies of comments 

received will be available for public 

inspection in the Office of Regulation 

Policy and Management, Room 1063B, 

between the hours of 8 a.m. and 4:30 

p.m. Monday through Friday (except 

holidays). Please call (202) 461–4902 for 

an appointment. In addition, during the 

comment period, comments may be 

viewed online through the Federal 

Docket Management System (FDMS) at 

http://www.Regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Gemma Button, Deputy Executive 

Secretary, Office of the Executive 

Secretary, Office of the Secretary, 

Department of Veterans Affairs, 810 

Vermont Avenue, NW., Washington, DC 

20420; (202) 461–4869. 

SUPPLEMENTARY INFORMATION: A Notice 

to amend this System of Records was 

published in the Federal Register of 

August 29, 1989 (75VA001B). 

I. Description of the System of Records 

This System of Records, now known 

as ‘‘Department of Veterans Affairs 

Secretary’s Official Correspondence 

Records-VA,’’ is the Secretary’s Official 

Correspondence Records, which include 

the name, address and other identifying 

information pertaining to the 

correspondent, as well as background 

information concerning matters which 

the correspondent has brought to the 

Department’s attention. The System of 

Records also contains documents 

generated within VA which may contain 

the names, addresses and other 

identifying information of individuals 

who conduct business with VA, as well 

as material received, background 

information compiled and/or response 

sent. 

II. Proposed Routine Use Disclosures of 

Data in the System 

VA is rewriting existing routine uses 

in the System using plain language. The 

use of plain language in these routine 

uses does not, and is not intended to, 

change the disclosures authorized under 

these routine uses. VA is amending, 

deleting, rewriting and reorganizing the 

order of the routine uses in this system 

of records, as well as adding new 

routine uses. Accordingly, the following 

changes are made to the current routine 

uses and are incorporated in the 

amended system of records notice. 

Current routine use number 1 is 

amended to more accurately reflect VA’s 

authorization to disclose individuallyidentifiable information to Members of 

Congress, or a staff person acting for the 

Member, when the Member or staff 

person requests the records on behalf of 

and at the written request of the 

individual. This amendment clarifies 

that a written request is required. 

Current routine use number 2 is 

deleted in its entirety and the 

information contained therein is 

clarified with the addition of routine 

use number 6. 

New routine uses number 2 through 

number 7 are added. New routine use 

number 2 addresses disclosure to the 

National Archives and Records 

Administration in records management 

inspections conducted under authority 

of title 44 U.S.C. 

New routine use number 3 addresses 

disclosure of information in legal 

proceedings and to the Department of 

Justice. In determining whether to 

disclose records under this routine use, 

VA will comply with the guidance 

promulgated by the Office of 

Management and Budget (OMB) in a 

May 24, 1985, memorandum entitled: 

‘‘Privacy Act Guidance—Update’’ 

currently posted at: http:// 

www.whitehouse.gov/omb/inforeg/ 

guidance1985.pdf. 

New routine use number 4 addresses 

the disclosure of relevant information to 

individuals, organizations, private or 

public agencies, or other entities with 

which VA has a contract or agreement. 

New routine use number 5 addresses 

that VA may disclose information in the 

system, except the names and home 

addresses of veterans and their 

dependents, that is relevant to a 

suspected or reasonably imminent 

violation of the law. VA may also 

disclose the names and addresses of 

veterans and their dependents to a 

Federal agency charged with the 

responsibility of investigating or 

prosecuting civil, criminal, or regulatory 

violations of law. 

New routine use number 6 addresses 

when VA may disclose to other Federal 

agencies to assist such agencies in 

preventing and detecting possible fraud 

or abuse by individuals in their 

operations and programs. 

New routine use number 7 addresses 

the circumstances, and to whom, VA 

may disclose records to respond to, and 

minimize possible harm to, individuals 

as a result of a data breach. This routine 

use is promulgated to meet VA’s 

statutory duties under 38 U.S.C. 5724 

and The Privacy Act, 5 U.S.C. 552a, as 

amended. 

III. Compatibility of the Proposed 

Routine Uses 

Release of information from these 

records, pursuant to routine uses, will 

be made only in accordance with the 

Privacy Act of 1974. The Privacy Act of 

1974 permits agencies to disclose 

information about individuals, without 

their consent, for a routine use when the 

information will be used for a purpose 

that is compatible with the purpose for 

which the information was collected. 

VA has determined that the disclosure 

of information for the above-stated 

purposes in the proposed amendment to 

routine uses is a proper and necessary 

use of the information collected by the 

electronic document tracking system, 

and is compatible with the purpose for 

which VA collected the information. 

The notice of intent to publish an 

advance copy of the system notice has 

been sent to the appropriate 

Congressional committees and to the 

Director of the Office of Management 

and Budget (OMB) as required by 5 

U.S.C. 552a(r) (Privacy Act) and 

guidelines issued by OMB (65 FR 

77677), December 12, 2000. 

Approved: June 9, 2009. 

John R. Gingrich, 

Chief of Staff, Department of Veterans Affairs. 

System Number 

75VA001B 

SYSTEM NAME: 

‘‘Department of Veterans Affairs 

Secretary’s Official Correspondence 

Records-VA’’ 

SYSTEM LOCATION: 

Paper records are maintained in the 

Office of the Executive Secretary (001B), 

Office of the Secretary, Department of 

Veterans Affairs (VA) Central Office 

(VACO), 810 Vermont Avenue, NW., 

Washington, DC 20420. Copies of some 

documents may be located in other 

offices throughout VACO and 

occasionally at field facilities, i.e. 

Veterans Health Administration VA 

medical centers and Veterans Integrated 

Service Network offices; Veterans 

Benefits Administration regional offices 

and Area Offices; National Cemetery 

Administration national cemeteries and 

Memorial Service Network offices; etc. 

Address locations for VA field facilities 

are listed in Appendix 1 of the biennial 

publication of the VA Privacy Act 

Issuances. 

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM: 

Individuals who voluntarily provide 

personal contact information when 

submitting correspondence or other 

documents to the Department, 

including, but not limited to: Members 

of Congress and their staff, officials and 

representatives of other Federal 

agencies, State, local and tribal 

governments, foreign governments, and 


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Federal Register / Vol. 74, No. 121 / Thursday, June 25, 2009 / Notices 30363 

veterans service organizations; 

representatives of private or commercial 

entities; veterans and other VA 

beneficiaries; VA employees; and other 

individuals who correspond with the 

VA Secretary and Deputy Secretary and 

other VA officials. 

CATEGORIES OF RECORDS IN THE SYSTEM: 

Full name, postal address, e-mail 

address, phone and fax numbers of 

individuals corresponding with the 

Department, the name of the 

organization or individual being 

represented, as well as supporting 

documents. Information provided may 

include personal information. 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

Title 38, United States Code, section 

501. 

PURPOSE: 

To permit VA to identify individuals 

and/or organizations who have 

submitted correspondence or 

documents to VA. The System of 

Records also contains documents 

generated within VA which may contain 

the names, addresses and other 

identifying information of individuals 

who conduct business with VA. 

ROUTINE USES OF RECORDS MAINTAINED IN THE

SYSTEM, INCLUDING CATEGORIES OF USERS AND

THE PURPOSES OF SUCH USERS: 

1. The record of an individual who is 

covered by a system of records may be 

disclosed to a Member of Congress, or 

a staff person acting for the Member, 

when the Member or staff person 

requests the records on behalf of and at 

the written request of the individual. 

2. Disclosure may be made to the 

National Archives and Records 

Administration in records management 

inspections conducted under authority 

of title 44 U.S.C. 

3. VA may disclose information from 

this system of records to the Department 

of Justice (DoJ), either on VA’s initiative 

or in response to DoJ’s request for the 

information, after either VA or DoJ 

determines that such information is 

relevant to DoJ’s representation of the 

United States or any of its components 

in legal proceedings before a court or 

adjudicative body, provided that, in 

each case, the agency also determines 

prior to disclosure that release of the 

records to the DoJ is a use of the 

information contained in the records 

that is compatible with the purpose for 

which VA collected the records. VA, on 

its own initiative, may disclose records 

in this system of records in legal 

proceedings before a court or 

administrative body after determining 

that the disclosure of the records to the 

court or administrative body is a use of 

the information contained in the records 

that is compatible with the purpose for 

which VA collected the records. 

4. Disclosure of relevant information 

may be made to individuals, 

organizations, private or public 

agencies, or other entities with whom 

VA has a contract or agreement or where 

there is a subcontract to perform such 

services as VA may deem practicable for 

the purposes of laws administered by 

VA, in order for the contractor or 

subcontractor to perform the services of 

the contract or agreement. 

5. VA may disclose on its own 

initiative any information in the system, 

except the names and home addresses of 

veterans and their dependents, that is 

relevant to a suspected or reasonably 

imminent violation of the law whether 

civil, criminal, or regulatory in nature 

and whether arising by general or 

program statute or by regulation, rule, or 

order issued pursuant thereto, to a 

Federal, State, local, tribal, or foreign 

agency charged with the responsibility 

of investigating or prosecuting such 

violation, or charged with enforcing or 

implementing the statute, regulation, 

rule, or order. VA may also disclose on 

its own initiative the names and 

addresses of veterans and their 

dependents to a Federal agency charged 

with the responsibility of investigating 

or prosecuting civil, criminal, or 

regulatory violations of law, or charged 

with enforcing or implementing the 

statute, regulation, or order issued 

pursuant thereto. 

6. Disclosure to other Federal agencies 

may be made to assist such agencies in 

preventing and detecting possible fraud 

or abuse by individuals in their 

operations and programs. 

7. VA may, on its own initiative, 

disclose any information or records to 

appropriate agencies, entities, and 

persons when (1) VA suspects or has 

confirmed that the integrity or 

confidentiality of information in the 

system of records has been 

compromised; (2) the Department has 

determined that as a result of the 

suspected or confirmed compromise, 

there is a risk of embarrassment or harm 

to the reputations of the record subjects, 

harm to economic or property interests, 

identity theft or fraud, or harm to the 

security, confidentiality, or integrity of 

this system or other systems or 

programs (whether maintained by the 

Department or another agency or entity) 

that rely upon the potentially 

compromised information; and (3) the 

disclosure is to agencies, entities, or 

persons whom VA determines are 

reasonably necessary to assist or carry 

out the Department’s efforts to respond 

to the suspected or confirmed 

compromise and prevent, minimize, or 

remedy such harm (have already 

determined this does not make sense; 

see my possible solution in the 

preamble). This routine use permits 

disclosures by the Department to 

respond to a suspected or confirmed 

data breach, including the conduct of 

any risk analysis or provision of credit 

protection services as provided in 38 

U.S.C. 5724, as the terms are defined in 

38 U.S.C. 5727. 

POLICIES AND PRACTICES FOR STORING, 

RETRIEVING, ACCESSING, RETAINING, AND

DISPOSING OF RECORDS IN THE SYSTEM: 

(a) Storage: 

Records are maintained on paper in 

the Office of the Executive Secretary 

(001B), Department of Veterans Affairs, 

810 Vermont Avenue, NW., 

Washington, DC 20420. 

(b) Retrievability: 

Records are maintained by subject 

and unique number generated by an 

automated system. In addition, records 

for Members of Congress are maintained 

in alphabetical order by last name. 

(c) Safeguards: 

Hard copy records are maintained in 

a controlled facility, where physical 

entry is restricted by the use of locks, 

guards, and/or administrative 

procedures. Access to records is limited 

to those employees who require the 

records to perform their official duties 

consistent with the purpose for which 

the information was collected. All 

personnel whose official duties require 

access to the information are trained in 

the proper safeguarding and use of the 

information. 

(d) Retention and Disposal: 

Records will be maintained and 

disposed of, in accordance with records 

disposition authority, approved by the 

Archivist of the United States. 

System Manager(s) and Addresses: 

Gemma Button, Deputy Executive 

Secretary, Office of the Executive 

Secretary (001B), Office of the Secretary, 

Department of Veterans Affairs, 810 

Vermont Avenue, NW., Washington, DC 

20420. 

NOTIFICATION PROCEDURES: 

Individuals seeking to determine 

whether this System of Records contains 

information about them should address 

written inquiries to the Office of the 

Executive Secretary (001B), Department 

of Veterans Affairs, 810 Vermont 

Avenue, NW., Washington, DC 20420. 

RECORD ACCESS PROCEDURE: 

Individuals seeking access to or 

contesting the contents of records about 

themselves contained in this System of 

Records should address a written 


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30364 Federal Register / Vol. 74, No. 121 / Thursday, June 25, 2009 / Notices 

request, including full name, address 

and telephone number to the Office of 

the Executive Secretary (001B), 

Department of Veterans Affairs, 810 

Vermont Avenue, NW., Washington, DC 

20420. 

CONTESTING RECORD PROCEDURES: 

(See record access procedures above.) 

RECORD SOURCE CATEGORIES: 

Records in this system are derived 

from processing replies to 

correspondence, and other inquiries that 

originate from Members of Congress; 

other Federal agencies; State, local and 

tribal governments; foreign 

governments, veterans service 

organizations; representatives of private 

or commercial entities; veterans and 

their beneficiaries; VA employees; and 

other individuals who correspond with 

VA or one of its components. Records 

maintained include material received, 

background information compiled and/ 

or response sent. 

EXEMPTIONS CLAIMED FOR THE SYSTEM: 

There are no exemptions being 

claimed for this system. 

[FR Doc. E9–14965 Filed 6–24–09; 8:45 am] 

BILLING CODE P 


sroberts on PROD1PC70 with NOTICES