[Federal Register Volume 72, Number 182 (Thursday, September 20, 2007)]
[Notices]
[Pages 53797-53801]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-18564]
[[Page 53797]]
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NUCLEAR REGULATORY COMMISSION
[EA-07-231 Docket Nos. 52-001, 52-003, 52-006, 52-010, and Project Nos.
0733 and 0751]
In the Matter of Westinghouse Electric Company, General Electric-
Hitachi Nuclear Energy, Mitsubishi Nuclear Energy Systems, Inc., AREVA
NP, and All Other Persons Who Seek or Obtain Access to Safeguards
Information Described Herein; Order Imposing Safeguards Information
Protection Requirements and Fingerprinting and Criminal History Records
Check Requirements for Access to Safeguards Information (Effective
Immediately)
I
Westinghouse Electric Company, LLC. (WEC), holds certificates for
the AP600 and AP1000 reactor designs issued by the U.S. Nuclear
Regulatory Commission (NRC) in accordance with the Atomic Energy Act of
1954, as amended (AEA). General Electric-Hitachi Nuclear Energy (GEH)
holds a certificate for the ABWR reactor designed and has submitted an
application for design certification for the Economic and Simplified
Boiling Water Reactor design in accordance with the AEA and Title 10,
Part 52, ``Early Site Permits; Standard Design Certifications; and
Combined Licenses for Nuclear Power Plants,'' of the Code of Federal
Regulations (10 CFR Part 52), which the NRC staff is currently
considering. Mitsubishi Nuclear Energy Systems, Inc. (Mitsubishi), and
AREVA NP (AREVA) have both indicated to the NRC that they plan to
submit applications for design certifications in the near future. WEC,
GEH, Mitsubishi, and AREVA will be referred to herein as ``the affected
vendors.''
The Commission has decided to require, through rulemaking, that
nuclear power plant designers perform a rigorous assessment of design
features that could provide additional inherent protection to avoid or
mitigate the effects of a large commercial aircraft impact, while
reducing or eliminating the need for operator actions, where
practicable. In anticipation of this requirement, and to assist
designers in completing this assessment, the Commission has decided to
provide the detailed aircraft impact characteristics that should be
used as reasonable inputs for reactor vendors and architect/engineers
who have the need to know and who meet the NRC's requirements for the
disclosure of such information to use in studies of the inherent
capabilities of their designs. The NRC derived these characteristics
from agency analyses performed on operating reactors to support, in
part, the development of a broadly effective set of mitigation
strategies to combat fires and explosions from a spectrum of
hypothetical aircraft impacts. Although these detailed characteristics
were not selected as a basis for designing new reactors, the staff is
suggesting them as a starting point for aircraft impact assessments. As
proposed by the Commission, the Commission would specify in a
Safeguards Information guidance document the detailed aircraft impact
characteristics that should be used in a required assessment of the new
reactor designs. The agency will finalize the form and values of those
detailed characteristics when completing the associated rulemaking. In
addition, the staff recognizes that no national or international
consensus has been reached on the selection of appropriate
characteristics for such analyses. Therefore, the information should be
considered preliminary and subject to authorized stakeholder comment.
The detailed aircraft characteristics that are the subject of this
Order are hereby designated as Safeguards Information (SGI),\1\ in
accordance with Section 147 of the AEA.
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\1\ SGI is a form of sensitive, unclassified, security-related
information that the Commission has the authority to designate and
protect under Section 147 of the AEA.
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The NRC is issuing this Order to the affected vendors to impose
requirements for the protection of SGI, as well as for the
fingerprinting of all persons who have or seek access to this SGI. This
Order supercedes EA-07-154, issued to WEC on June 8, 2007, and EA-07-
159, issued to GEH, formerly General Electric Company (GE), on June 15,
2007. Except for the restrictions on storage of SGI and access to SGI
by certain individuals, this Order is identical to the Orders
previously issued to WEC and GEH. Therefore, since both vendors have
already complied with those orders, WEC and GEH need only respond to
this Order with an answer consenting to the Order pursuant to Section
IV.
On August 8, 2005, Congress enacted the Energy Policy Act of 2005
(EPAct). Section 652 of the EPAct amended Section 149 of the AEA to
require fingerprinting and a Federal Bureau of Investigation (FBI)
identification and criminal history records check of any person who is
permitted to have access to SGI. The NRC's implementation of this
requirement cannot await the completion of the SGI rulemaking, which is
underway, because the EPAct fingerprinting and criminal history records
check requirements for access to SGI were effective immediately upon
enactment of the EPAct. Therefore, in accordance with Section 149 of
the AEA, as amended by the EPAct, the Commission is imposing additional
requirements for access to SGI, as set forth by this Order, so that the
affected vendors can obtain and grant access to SGI. This Order also
requires compliance with the safeguards protection measures set forth
in 10 CFR 73.21, ``Requirements for the Protection of Safeguards
Information,'' and imposes requirements for access to and protection of
SGI by any person,\2\ whether or not they are a licensee, applicant, or
certificate holder of the Commission or an Agreement State.
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\2\ Person means (1) any individual, corporation, partnership,
firm, association, trust, estate, public or private institution,
group, government agency other than the Commission or the Department
of Energy, (except that the Department of Energy shall be considered
a person with respect to those facilities of the Department of
Energy specified in Section 202 of the Energy Reorganization Act of
1974 (88 Stat. 1244)), any State or any political subdivision of, or
any political entity within a State, any foreign government or
nation or any political subdivision of any such government or
nation, or other entity; and (2) any legal successor,
representative, agent, or agency of the foregoing.
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To implement this Order, the affected vendors must nominate an
individual who will review the results of the FBI criminal history
records check to make SGI access determinations. This individual,
referred to as the ``reviewing official,'' must be someone who seeks
access to SGI. Based on the results of the FBI criminal history records
check, the NRC staff will determine whether this individual may have
access to SGI. If the NRC determines that the individual may not be
granted access to SGI, the enclosed Order prohibits that individual
from obtaining access to any SGI. Once the NRC approves a reviewing
official, that reviewing official, and only that reviewing official,
can make SGI access determinations for other individuals who have been
identified by the affected vendors as having a need to know SGI, and
who have been fingerprinted and have had a criminal history records
check in accordance with this Order. The reviewing official can only
make SGI access determinations for other individuals, but cannot
approve other individuals to act as reviewing officials. Only the NRC
can approve a reviewing official. Therefore, if the affected vendors
wish to have a new or additional reviewing official, the NRC must
approve that individual before he or she can act in the capacity of a
reviewing official.
[[Page 53798]]
Certain categories of individuals are relieved by rule from the
fingerprinting requirements pursuant to 10 CFR 73.59, ``Relief from
Fingerprinting and Criminal History Records Check for Designated
Categories of Individuals.'' Those individuals include: Federal, State,
and local law enforcement personnel; Agreement State inspectors who
conduct security inspections on behalf of the NRC; members of Congress;
certain employees of members of Congress or congressional committees
who have undergone fingerprinting for a prior U.S. Government criminal
history check; and representatives of the International Atomic Energy
Agency or certain foreign government organizations. In addition,
individuals who have had a favorably-decided U.S. Government criminal
history check within the last 5 years, or individuals who have active
Federal security clearances (provided in either case that they make
available the appropriate documentation), have already been subjected
to fingerprinting and criminal history checks and, thus, have satisfied
the EPAct fingerprinting requirement.
II
The Commission has broad statutory authority to protect and
prohibit the unauthorized disclosure of SGI. Section 147 of the AEA
grants the Commission explicit authority to issue such Orders, as
necessary, to prohibit the unauthorized disclosure of SGI. Furthermore,
as discussed above, Section 652 of the EPAct amended Section 149 of the
AEA to require fingerprinting and an FBI identification and a criminal
history records check of each individual who seeks access to SGI. In
addition, no person may have access to SGI unless the person has an
established need to know.
To provide assurance that the affected vendors are continuing to
implement appropriate measures to ensure a consistent level of
protection to prohibit unauthorized disclosure of SGI, and to comply
with the fingerprinting and criminal history records check requirements
for access to SGI, the affected vendors shall implement the
requirements for the protection of SGI as set forth in 10 CFR 73.21 and
this Order. In addition, pursuant to 10 CFR 2.202, ``Orders,'' I find
that in light of the matters identified above, which warrant the
issuance of this Order, the public health, safety, and interest require
that this Order be effective immediately.
III
Accordingly, pursuant to Sections 147, 149, 161b, 161i, 161o, 182,
and 186 of the AEA of 1954 as amended, and the Commission's regulations
in 10 CFR 2.202 and 10 CFR Part 73, ``Physical Protection of Plants and
Materials,'' it is hereby ordered, effective immediately, that the
affected vendors and all other persons who seek or obtain access to
safeguards information as described herein shall comply with the
requirements set forth in 10 CFR 73.21 and this order.
A. 1. No person may have access to SGI unless that person has a
need to know the SGI, has been fingerprinted and undergone an FBI
identification and criminal history records check, and satisfies all
other applicable requirements for access to SGI. Fingerprinting and the
FBI identification and criminal history records check are not required,
however, for any person who is relieved from the requirement by 10 CFR
73.59, who has had a favorably decided U.S. Government criminal history
check within the last 5 years, or who has an active Federal security
clearance, provided in the latter two cases that the affected vendor's
NRC-approved reviewing official has documented the existence of an
active clearance or the basis for relief.
2. No person may have access to any SGI if the NRC, when making an
SGI access determination for a nominated reviewing official, has
determined, based on fingerprinting and an FBI identification and
criminal history records check, that the person nominated may not have
access to SGI.
3. The affected vendor shall store SGI designated by this Order
only in the facility or facilities specifically approved in writing by
the NRC for storage of SGI designated by this Order. The affected
vendor may request, in writing, NRC approval of additional facilities
for the storage of the SGI designated by this Order that the NRC will
consider on a case-by-case basis.
4. The affected vendor may provide SGI designated by this Order to
individuals (such as foreign nationals, U.S. citizens living in foreign
countries, or individuals under the age of 18) for whom fingerprinting
and an FBI criminal history records check is not reasonably expected to
yield sufficient criminal history information to form the basis of an
informed decision on granting access to SGI, provided that the
individual satisfies the requirements of this Order, and that the
affected vendor has implemented measures, in addition to those set
forth in this Order, to ensure that the individual is suitable for
access to the SGI designated by this Order. Such additional measures
must include, but are not limited to, equivalent criminal history
records checks conducted by a local, State, or foreign governmental
agency, and/or enhanced background checks including employment and
credit history. The NRC must review these additional measures and
approve them in writing.
B. No person may provide SGI to any other person except in
accordance with Condition III.A. above. Before providing SGI to any
person, a copy of this Order shall be provided to that person.
C. Each of the affected vendors shall comply with the following
requirements:
1. The affected vendor shall, within 20 days of the date of this
Order, establish and maintain a fingerprinting program that meets the
requirements of 10 CFR 73.21 and the attachment to this Order.
2. The affected vendor shall, within 20 days of the date of this
Order, submit the fingerprints of one individual whom (a) the affected
vendor nominates as the ``reviewing official'' for determining access
to SGI by other individuals and (b) has an established need to know the
information. The NRC will determine whether this individual (or any
subsequent reviewing official) may have access to SGI and, therefore,
will be permitted to serve as the affected vendor's reviewing
official.\3\ The affected vendor may, at the same time or later, submit
the fingerprints of other individuals to whom the affected vendor seeks
to grant access to SGI. Fingerprints shall be submitted and reviewed in
accordance with the procedures described in the attachment to this
Order.
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\3\ The NRC's determination of this individual's access to SGI
in accordance with the process described in Enclosure 3 to the
transmittal letter of this Order is an administrative determination
that is outside the scope of this Order.
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3. The affected vendor may allow any individual who currently has
access to SGI to continue to have access to previously-designated SGI
without being fingerprinted, pending a decision by the NRC-approved
reviewing official (based on fingerprinting and an FBI criminal history
records check) that the individual may continue to have access to SGI.
The affected vendor shall make determinations on continued access to
SGI within 90 days of the date of this Order, in part, based on the
results of the fingerprinting and criminal history check, for those
individuals who were previously granted access to SGI before the
issuance of this Order.
4. The affected vendor shall, in writing, within 20 days of the
date of this Order, notify the Commission: (1) If it is unable to
comply with any of the requirements described in the Order, including
the attachment; or (2) if
[[Page 53799]]
compliance with any of the requirements is unnecessary in its specific
circumstances. The notification shall provide the affected vendor's
justification for seeking relief from, or variation of, any specific
requirement.
The affected vendors shall submit responses to C.1., C.2., C.3, and
C.4 above to the Director, Office of New Reactors, U.S. Nuclear
Regulatory Commission, Washington, DC 20555. In addition, the affected
vendors shall mark their responses as ``Security-Related Information--
Withhold Under 10 CFR 2.390.''
The Director, Office of New Reactors, may, in writing, relax or
rescind any of the above conditions upon demonstration of good cause by
the affected vendor.
IV
In accordance with 10 CFR 2.202, the affected vendor must, and any
other person adversely affected by this Order may, submit an answer to
this Order and may request a hearing with regard to this Order, within
20 days of the date of this Order. Where good cause is shown, the NRC
will consider extending the time to request a hearing. A request for
extension of time in which to submit an answer or request a hearing
must be made in writing to the Director, Office of New Reactors, U.S.
Nuclear Regulatory Commission, Washington, DC 20555, and include a
statement of good cause for the extension. The answer may consent to
this Order. Unless the answer consents to this Order, the answer shall,
in writing and under oath or affirmation, specifically set forth the
matters of fact and law by which the affected vendor or other entities
adversely affected rely, and the reasons as to why the NRC should not
have issued this Order. Any answer or request for a hearing shall be
submitted to the Secretary, Office of the Secretary, U.S. Nuclear
Regulatory Commission, ATTN: Rulemakings and Adjudications Staff,
Washington, DC 20555. Copies shall also be sent to the Director, Office
of New Reactors, U.S. Nuclear Regulatory Commission, Washington, DC
20555, to the Assistant General Counsel for Materials Litigation and
Enforcement at the same address, and to the affected vendor, if the
answer or hearing request is by an entity other than the affected
vendor. Because of possible delays in delivery of mail to U.S.
Government offices, the agency asks that answers and requests for
hearing be transmitted to the Secretary of the Commission, either by
means of facsimile transmission to (301) 415-1101 or via e-mail to
[email protected], and also to the Office of the General Counsel
either by means of facsimile transmission to (301) 415-3725 or via e-
mail to [email protected]. If an entity other than the affected
vendor requests a hearing, that entity shall set forth, with
particularity, the manner in which this Order adversely affects its
interest and shall address the criteria set forth in 10 CFR 2.309,
``Hearing Requests, Petitions to Intervene, Requirements for Standing,
and Contentions.''
If the affected vendor, or a person whose interest is adversely
affected, requests a hearing, the Commission will issue an Order
designating the time and place of any hearing. If a hearing is held,
the issue to be considered at such hearing shall be whether this Order
should be sustained.
Pursuant to 10 CFR 2.202(c)(2)(i), the affected vendor may, in
addition to demanding a hearing, at the time the answer is filed or
sooner, move the presiding officer to set aside the immediate
effectiveness of the Order on the grounds that the Order, including the
need for immediate effectiveness, is not based on adequate evidence,
but on mere suspicion, unfounded allegations, or error. In the absence
of any request for hearing, or written approval of an extension of time
in which to request a hearing, the provisions as specified above in
Section III shall be final 20 days from the date of this Order without,
further order or proceedings. If the agency approves an extension of
time for requesting a hearing, the provisions, as specified above in
Section III, shall be final when the extension expires, if a hearing
request has not been received.
An answer or a request for hearing shall not stay the immediate
effectiveness of this order.
Dated this 12th day of September, 2007.
* * * * *
For the Nuclear Regulatory Commission.
R.W. Borchardt,
Director, Office of New Reactors.
Enclosure 3--Process To Challenge NRC Denials or Revocations of Access
to Safeguards Information
1. Policy
This policy establishes a process for individuals whom the Nuclear
Regulatory Commission (NRC) licensees or other person \1\ nominate as
reviewing officials to challenge and appeal NRC denials or revocations
of access to Safeguards Information (SGI). Any individual nominated as
a licensee reviewing official whom the NRC has determined may not have
access to SGI shall, to the extent provided below, be afforded an
opportunity to challenge and appeal the NRC's determination. This
policy shall not be construed to require the disclosure of SGI to any
person, nor shall it be construed to create a liberty or property
interest of any kind in the access of any individual to SGI.
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\1\ As used herein, ``licensee'' means any licensee or other
person who is required to conduct fingerprinting.
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2. Applicability
This policy applies solely to those employees of licensees who are
nominated as a reviewing official, and who are thus considered, by the
NRC, for initial or continued access to SGI in that position.
3. SGI Access Determination Criteria
Determinations for granting a nominated reviewing official access
to SGI will be made by the NRC staff. Access to SGI shall be denied or
revoked whenever it is determined that an individual does not meet the
applicable standards. Any doubt about an individual's eligibility for
initial or continued access to SGI shall be resolved in favor of the
national security and access will be denied or revoked.
4. Procedures To Challenge the Contents of Records Obtained From the
FBI
a. Prior to a determination by the NRC Facilities Security Branch
Chief that an individual nominated as a reviewing official is denied or
revoked access to SGI, the individual shall:
(i) Be provided the contents of records obtained from the FBI for
the purpose of assuring correct and complete information. If, after
reviewing the record, an individual believes that it is incorrect or
incomplete in any respect and wishes to change, correct, or update the
alleged deficiency, or to explain any matter in the record, the
individual may initiate challenge procedures. These procedures include
either direct application by the individual challenging the record to
the agency (i.e., law enforcement agency) that contributed the
questioned information, or direct challenge as to the accuracy or
completeness of any entry on the criminal history record to the
Assistant Director, Federal Bureau of Investigation, Identification
Division, Washington, DC 20537-9700 (as set forth in 28 CFR 16.30
through 16.34). In the latter case, the FBI will forward the challenge
to the agency that submitted the data and request that agency to verify
or correct the challenged entry. Upon receipt of an official
communication directly from the agency that contributed the original
[[Page 53800]]
information, the FBI Identification Division makes any necessary
changes in accordance with the information supplied by that agency.
(ii) Be afforded ten (10) days to initiate an action challenging
the results of an FBI criminal history records check (described in (I),
above) after the record is made available for the individual's review.
If such a challenge is initiated, the NRC Facilities Security Branch
Chief may make a determination based upon the criminal history record
only upon receipt of the FBI's ultimate confirmation or correction of
the record.
5. Procedures To Provide Additional Information
a. Prior to a determination by the NRC Facilities Security Branch Chief
that an individual nominated as a reviewing official is denied or
revoked access to SGI, the individual shall:
(i) Be afforded an opportunity to submit information relevant to
the individual's trustworthiness and reliability. The NRC Facilities
Security Branch Chief shall, in writing, notify the individual of this
opportunity, and any deadlines for submitting this information. The NRC
Facilities Security Branch Chief may make a determination of access to
SGI only upon receipt of the additional information submitted by the
individual, or, if no such information is submitted, when the deadline
to submit such information has passed.
6. Procedures To Notify an Individual of the NRC Facilities Security
Branch Chief Determination To Deny or Revoke Access to SGI
a. Upon a determination by the NRC Facilities Security Branch Chief
that an individual nominated as a reviewing official is denied or
revoked access to SGI, the individual shall be provided a written
explanation of the basis for this determination.
7. Procedures To Appeal an NRC Determination To Deny or Revoke Access
to SGI
a. Upon a determination by the NRC Facilities Security Branch Chief
that an individual nominated as a reviewing official is denied or
revoked access to SGI, the individual shall be afforded an opportunity
to appeal this determination to the Director, Division of Facilities
and Security. The determination must be appealed within twenty (20)
days of receipt of the written notice of the determination by the
Facilities Security Branch Chief, and may either be in writing or in
person. Any appeal made in person shall take place at the NRC's
headquarters, and shall be at the individual's own expense. The
determination by the Director, Division of Facilities and Security,
shall be rendered within sixty (60) days after receipt of the appeal.
8. Procedures To Notify an Individual of the Determination by the
Director, Division of Facilities and Security, Upon an Appeal
a. A determination by the Director, Division of Facilities and
Security, shall be provided to the individual in writing, and include
an explanation of the basis for this determination. A determination by
the Director, Division of Facilities and Security, to affirm the
Facilities Branch Chief's determination to deny or revoke an
individual's access to SGI is final and not subject to further
administrative appeals.
Attachment--Requirements for Fingerprinting and Criminal History
Records Checks of Individuals When a Reviewing Official Is Determining
Access to Safeguards Information
General Requirements
Licensees and other persons who are required to conduct
fingerprinting shall comply with the requirements of this
attachment.\2\
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\2\ As used herein, ``licensee'' means any licensee or other
person who is required to conduct fingerprinting in accordance with
these requirements.
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A. 1. Each licensee subject to the provisions of this attachment
shall fingerprint each individual who is seeking or permitted access to
Safeguards Information (SGI). The licensee shall review and use the
information received from the Federal Bureau of Investigation (FBI) and
ensure that the provisions contained in the subject Order and this
attachment are satisfied.
2. The licensee shall notify each affected individual that the
fingerprints will be used to secure a review of his/her criminal
history record and inform the individual of the procedures for revising
the record or including an explanation in the record, as specified in
the ``Right to Correct and Complete Information'' section of this
attachment.
3. Fingerprints need not be taken if an employed individual (e.g.,
a licensee employee, contractor, manufacturer, or supplier) is relieved
from the fingerprinting requirement by 10 CFR 73.59, has a favorably-
decided U.S. Government criminal history records check within the last
five (5) years, or has an active federal security clearance. Written
confirmation from the Agency/employer which granted the federal
security clearance or reviewed the criminal history records check must
be provided. The licensee must retain this documentation for a period
of three (3) years from the date the individual no longer requires
access to SGI associated with the licensee's activities.
4. All fingerprints obtained by the licensee pursuant to this Order
must be submitted to the Commission for transmission to the FBI.
5. The licensee shall review the information received from the FBI
and consider it, in conjunction with the trustworthiness and
reliability requirements included in Attachment 2 to this Order, in
making a determination whether to grant access to SGI to individuals
who have a need-to-know the SGI.
6. The licensee shall use any information obtained as part of a
criminal history records check solely for the purpose of determining an
individual's suitability for access to SGI.
7. The licensee shall document the basis for its determination
whether to grant access to SGI.
B. The licensee shall notify the NRC of any desired change in
reviewing officials, in compliance with C.2 of the subject Order. The
NRC will determine whether the individual nominated as the new
reviewing official may have access to SGI based on a previously-
obtained or new criminal history check and, therefore, will be
permitted to serve as the licensee's reviewing official.
Prohibitions
A licensee shall not base a final determination to deny an
individual access to SGI solely on the basis of information received
from the FBI involving: An arrest more than one (1) year old for which
there is no information of the disposition of the case, or an arrest
that resulted in dismissal of the charge or an acquittal.
A licensee shall not use information received from a criminal
history check obtained pursuant to this Order in a manner that would
infringe upon the rights of any individual under the First Amendment to
the Constitution of the United States, nor shall the licensee use the
information in any way which would discriminate among individuals on
the basis of race, religion, national origin, sex, or age.
Procedures for Processing Fingerprint Checks
For the purpose of complying with this Order, licensees shall,
using an appropriate method listed in 10 CFR 73.4, submit to the NRC's
Division of Facilities and Security, Mail Stop T-6E46, one completed,
legible standard
[[Page 53801]]
fingerprint card (Form FD-258, ORIMDNRCOOOZ) or, where practicable,
other fingerprint records for each individual seeking access to SGI, to
the Director of the Division of Facilities and Security, marked for the
attention of the Division's Criminal History Check Section. Copies of
these forms may be obtained by writing the Office of Information
Services, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001, by calling (301) 415-5877, or by e-mail to [email protected].
Practicable alternative formats are set forth in 10 CFR 73.4. The
licensee shall establish procedures to ensure that the quality of the
fingerprints taken results in minimizing the rejection rate of
fingerprint cards due to illegible or incomplete cards.
The NRC will review submitted fingerprint cards for completeness.
Any Form FD-258 fingerprint record containing omissions or evident
errors will be returned to the licensee for corrections. The fee for
processing fingerprint checks includes one re-submission if the initial
submission is returned by the FBI because the fingerprint impressions
cannot be classified. The one free re-submission must have the FBI
Transaction Control Number reflected on the re-submission. If
additional submissions are necessary, they will be treated as initial
submittals and will require a second payment of the processing fee.
Fees for processing fingerprint checks are due upon application.
Licensees shall submit payment with the application for processing
fingerprints by corporate check, certified check, cashier's check,
money order, or electronic payment, made payable to ``U.S. NRC.'' [For
guidance on making electronic payments, contact the Facilities Security
Branch, Division of Facilities and Security, at (301) 415-7404].
Combined payment for multiple applications is acceptable. The
application fee (currently $27) is the sum of the user fee charged by
the FBI for each fingerprint card or other fingerprint record submitted
by the NRC on behalf of a licensee, and an NRC processing fee, which
covers administrative costs associated with NRC handling of licensee
fingerprint submissions. The Commission will directly notify licensees
who are subject to this regulation of any fee changes.
The Commission will forward to the submitting licensee all data
received from the FBI as a result of the licensee's application(s) for
criminal history records checks, including the FBI fingerprint record.
Right To Correct and Complete Information
Prior to any final adverse determination, the licensee shall make
available to the individual the contents of any criminal records
obtained from the FBI for the purpose of assuring correct and complete
information. Written confirmation by the individual of receipt of this
notification must be maintained by the licensee for a period of one (1)
year from the date of the notification.
If, after reviewing the record, an individual believes that it is
incorrect or incomplete in any respect and wishes to change, correct,
or update the alleged deficiency, or to explain any matter in the
record, the individual may initiate challenge procedures. These
procedures include either direct application by the individual
challenging the record to the agency (i.e., law enforcement agency)
that contributed the questioned information, or direct challenge as to
the accuracy or completeness of any entry on the criminal history
record to the Assistant Director, Federal Bureau of Investigation,
Identification Division, Washington, DC 20537-9700 (as set forth in 28
CFR 16.30 through 16.34). In the latter case, the FBI forwards the
challenge to the agency that submitted the data and requests that
agency to verify or correct the challenged entry. Upon receipt of an
official communication directly from the agency that contributed the
original information, the FBI Identification Division makes any changes
necessary in accordance with the information supplied by that agency.
The licensee must provide at least ten (10) days for an individual to
initiate an action challenging the results of an FBI criminal history
records check after the record is made available for his/her review.
The licensee may make a final SGI access determination based upon the
criminal history record only upon receipt of the FBI's ultimate
confirmation or correction of the record. Upon a final adverse
determination on access to SGI, the licensee shall provide the
individual its documented basis for denial. Access to SGI shall not be
granted to an individual during the review process.
Protection of Information
1. Each licensee who obtains a criminal history record on an
individual pursuant to this Order shall establish and maintain a system
of files and procedures for protecting the record and the personal
information from unauthorized disclosure.
2. The licensee may not disclose the record or personal information
collected and maintained to persons other than the subject individual,
his/her representative, or to those who have a need to access the
information in performing assigned duties in the process of determining
access to Safeguards Information. No individual authorized to have
access to the information may re-disseminate the information to any
other individual who does not have a need-to-know.
3. The personal information obtained on an individual from a
criminal history record check may be transferred to another licensee if
the licensee holding the criminal history record check receives the
individual's written request to re-disseminate the information
contained in his/her file, and the current licensee verifies
information such as the individual's name, date of birth, social
security number, sex, and other applicable physical characteristics for
identification purposes.
4. The licensee shall make criminal history records, obtained under
this section, available for examination by an authorized representative
of the NRC to determine compliance with the regulations and laws.
5. The licensee shall retain all fingerprint and criminal history
records received from the FBI, or a copy if the individual's file has
been transferred, for three (3) years after termination of employment
or determination of access to SGI (whether access was approved or
denied). After the required three (3) year period, these documents
shall be destroyed by a method that will prevent reconstruction of the
information in whole or in part.
[FR Doc. E7-18564 Filed 9-19-07; 8:45 am]
BILLING CODE 7590-01-P