§ 1301.72 Review and clearance by TVA's Office of the General Counsel.  

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  • The Office of the General Counsel (OGC)'s review and clearance of all TVA guidance documents shall ensure that each guidance document proposed to be issued by TVA satisfies the following requirements:

    (a) The guidance document complies with all relevant statutes and regulations;

    (b) The guidance document identifies or includes:

    (1) The term “guidance” or its functional equivalent in the title of the document;

    (2) A unique identifier, including, at a minimum, the date of issuance and title of the document, if applicable;

    (3) The activity or entities to which the guidance applies;

    (4) Citations to applicable statutes and regulations;

    (5) A statement noting whether the guidance is intended to revise or replace any previously issued guidance and, if so, sufficient information to identify the previously issued guidance; and

    (6) A short summary of the subject matter covered at the beginning of the guidance document.

    (c) The guidance document generally avoids using mandatory language, such as “shall,” “must,” “required,” or “requirement,” unless the language of the document is describing an established statutory or regulatory requirement or is addressed to TVA staff, and will not foreclose consideration of positions advanced by affected private parties;

    (d) The guidance document is written in plain and understandable English; and

    (e) The guidance document includes a clear and prominent statement declaring that the contents of the document do not have the force and effect of law and are not meant to bind the public in any way, and the document is intended only to provide clarity to the public regarding existing requirements under the law or TVA policies.