I understand that the automated systems need to disclose the balances properly with the actual balance and the overdraft funds with systems, but what if our system is not currently disclosing both balances on a telephone banking system? It only discloses the actual balance now...would we need to modify it to now disclose the actual balance plus an overdraft balance? I don't know that we can pick and choose and it appears that it is an all or nothing thing and want to make sure.....

If you supply a balance, it must be the actual balance. The second balance (including overdraft funds) is an option under the regulation. But if you supply the second balance, it has to be labeled to identify it as including overdraft funds.

Based on your question, I don't think you have to make any changes.

We only supply the actual balance on the the internet, ATMs, and telephone banking systems. I am now questioning that fact that on ATMs when the customer goes to the ATM the home screen states that clients may me able to access addtional funds from the overdraft protection plan. However, if you check the balance, the addtional funds are not included in the balance. We implemented our ODP in 2006 and the FDIC has seen it in 2007.
Under the new regulations, does it matter if the disclosure is there informing customers that they may be able to access their ODP?

No, that's not a problem. In fact, I think it's informative. In essence, it is an alert that the customer may (depending on his/her bank's policies and practices) be able to use the ATM to withdraw $100 even though the balance is only $50, and may incur an overdraft fee as a result.