18 CFR 1301.55 - Responding to demands.

§ 1301.55 Responding to demands.

Generally, authorization to provide the requested material or testimony shall not be withheld unless their disclosure is prohibited by law or for other compelling reasons, provided the request is reasonable and in compliance with the requirements of this part, and subject to the following conditions:

(a)Demands for testimony. TVA's practice is to provide requested testimony of TVA employees by affidavit only. TVA will provide affidavit testimony in response to demands for such testimony, provided all requirements of this part are met and there is no compelling factor under paragraph (c) of this section that requires the testimony to be withheld. The General Counsel may waive this restriction when necessary.

(b)Demands for production of records or official information. TVA's practice is to provide requested records or official information, provided all requirements of this part are met and there is no compelling factor under paragraph (c) of this section that requires the records or official information to be withheld.

(c)Factors to be considered in determining whether requested testimony or records or official information must be withheld. The General Counsel shall consider the following factors, among others, in deciding whether requested testimony or materials must be withheld:

(1) Whether production is appropriate in light of any relevant privilege;

(2) Whether production is appropriate under the applicable rules of discovery or the procedures governing the case or matter in which the demand arose;

(3) Whether the material requested is relevant to the matter at issue;

(4) Whether allowing such testimony or production of records would be necessary to prevent a miscarriage of justice;

(5) Whether disclosure would violate a statute, Executive Order, or regulation, including, but not limited to, the Privacy Act of 1974, as amended, 5 U.S.C. 552a;

(6) Whether disclosure would impede or interfere with an ongoing law enforcement investigation or proceeding, or compromise constitutional rights or national security interests;

(7) Whether disclosure would improperly reveal trade secrets or proprietary confidential information without the owner's consent;

(8) Whether disclosure would unduly interfere with the orderly conduct of TVA's functions;

(9) Whether the records or testimony can be obtained from other sources;

(10) Whether disclosure would result in TVA appearing to favor one litigant over another;

(11) Whether the demand or request is within the authority of the party making it; and

(12) Whether a substantial Government interest is implicated.

(d)Restrictions on testimony or production of records or official information. When necessary or appropriate, the General Counsel may impose restrictions or conditions on the production of testimony or records or official information. These restrictions may include, but are not limited to:

(1) Limiting the area of testimony;

(2) Requiring that the requester and other parties to the legal proceeding agree to keep the testimony under seal;

(3) Requiring that the testimony be used or made available only in the legal proceeding for which it was requested;

(4) Requiring that the parties to the legal proceeding obtain a protective order or execute a confidentiality agreement to limit access and any further disclosure of produced records or official information.

(e)Fees for Production. Fees will be charged for production of TVA records and information. The fees will be the same as those charged by TVA pursuant to its Freedom of Information Act regulations, 16 CFR 1301.10.

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.

United States Code
U.S. Code: Title 16 - CONSERVATION

§ 831 - Creation; short title

§ 831a - Membership, operation, and duties of the Board of Directors

§ 831b - Officers and employees; wages of laborers and mechanics; application of employees’ compensation provisions

§ 831b-1

§ 831c - Corporate powers generally; eminent domain; construction of dams, transmission lines, etc.

§ 831c-1

§ 831c-2

§ 831c-3

§ 831d - Directors; maintenance and operation of plant for production, sale, and distribution of fertilizer and power

§ 831e - Officers and employees; nonpolitical appointment; removal for violation

§ 831f - Control of plants and property vested in Corporation; transfer of other property to Corporation

§ 831g - Principal office of Corporation; books; directors’ oath

§ 831h - Annual financial statement; purchases and contracts; audit by Comptroller General

§ 831h-1

§ 831h-2

§ 831i - Sale of surplus power; preferences; experimental work; acquisition of existing electric facilities

§ 831j - Equitable distribution of surplus power among States and municipalities; improvement in production of fertilizer

§ 831k - Transmission lines; construction or lease; sale of power over other than Government lines; rates when sold for resale at profit

§ 831k-1

§ 831l - Financial assistance to States and local governments in lieu of taxation; apportionment; limitation on contracts for sale of power to municipalities; report to Congress

§ 831m - Allocation and charge of value and cost of plants to particular objects; cost accounting; reports of costs of operation; sale of surplus power at profit

§ 831m-1

§ 831n - Bonds for future construction; amount, terms, and conditions

§ 831n-1

§ 831n-2

§ 831n-3

§ 831n-4

§ 831o - Completion of unfinished plants authorized

§ 831p - Repealed. Pub. L. 89–554, § 8(a), Sept. 6, 1966, 80 Stat. 648

§ 831q - Eminent domain; contracts for relocation of railroads, highways, industrial plants, etc.

§ 831r - Patents; access to Patent and Trademark Office and right to copy patents; compensation to patentees

§ 831s - Possession by Government in time of war; damages to contract holders

§ 831t - Offenses; fines and punishment

§ 831u - Surveys; cooperation with States or other agencies

§ 831v - Legislation to carry out purposes of chapter; recommendation by President

§ 831w - Acquisition of real or personal property; payment by delivery of power; sale or lease of vacant land for industrial purposes

§ 831x - Condemnation proceedings; institution by Corporation; venue

§ 831y - Net proceeds over expense payable into Treasury

§ 831y-1

§ 831z - Authorization of appropriations

§ 831aa - Laws repealed

§ 831bb - Reservation of right to amend or repeal

§ 831cc - Separability

§ 831dd - Liberal construction of chapter; sale of surplus lands


Title 18 published on 15-Jun-2017 04:02

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 18 CFR Part 1301 after this date.

  • 2016-12-09; vol. 81 # 237 - Friday, December 9, 2016
    1. 81 FR 88998 - Tennessee Valley Authority Procedures
      GPO FDSys XML | Text
      Final rule.
      Effective: December 9, 2016.
      18 CFR Part 1301