[Federal Register Volume 74, Number 73 (Friday, April 17, 2009)]
[Pages 17885-17890]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-8826]



[Docket No. 72-69; EA-09-073; NRC-2009-0168]

In the Matter of FirstEnergy Operating Company; Perry Nuclear 
Power Plant Independent Spent Fuel Installation Order Modifying License 
(Effective Immediately)

AGENCY: Nuclear Regulatory Commission.

ACTION: Issuance of order for implementation of additional security 
measures and fingerprinting for unescorted access to FirstEnergy 
Operating Company.


FOR FURTHER INFORMATION CONTACT: L. Raynard Wharton, Senior Project 
Manager, Licensing and Inspection Directorate, Division of Spent Fuel 
Storage and Transportation, Office of Nuclear Material Safety and 
Safeguards (NMSS), U.S. Nuclear Regulatory Commission (NRC), Rockville, 
MD 20852. Telephone: (301) 492-3316; fax number: (301) 492-3348; e-
mail: [email protected].


I. Introduction

    Pursuant to 10 CFR 2.106, NRC (or the Commission) is providing 
notice, in the matter of Perry Nuclear Power Plant Independent Spent 
Fuel Storage Installation (ISFSI) Order Modifying License (Effective 

II. Further Information


    NRC has issued a general license to FirstEnergy Nuclear Operating 
Company (FENOC), authorizing the operation of an ISFSI, in accordance 
with the Atomic Energy Act of 1954, as amended, and Title 10 of the 
Code of Federal Regulations (10 CFR) Part 72. This Order is being 
issued to FENOC, which has identified near-term plans to store spent 
fuel in an ISFSI under the general license provisions of 10 CFR Part 
72. The Commission's regulations at 10 CFR 72.212(b)(5), 10 CFR 
50.54(p)(1), and 10 CFR 73.55(c)(5) require FENOC to maintain 
safeguards contingency plan procedures to respond to threats of 
radiological sabotage and to protect the spent fuel against the threat 
of radiological sabotage, in accordance with 10 CFR Part 73, Appendix 
C. Specific physical security requirements are contained in 10 CFR 
73.51 or 73.55, as applicable.
    Inasmuch as an insider has an opportunity equal to, or greater 
than, any other person, to commit radiological

[[Page 17886]]

sabotage, the Commission has determined these measures to be prudent. 
Comparable Orders have been issued to all licensees that currently 
store spent fuel or have identified near-term plans to store spent fuel 
in an ISFSI.


    On September 11, 2001, terrorists simultaneously attacked targets 
in New York, NY, and Washington, DC, using large commercial aircraft as 
weapons. In response to the attacks and intelligence information 
subsequently obtained, the Commission issued a number of Safeguards and 
Threat Advisories to its licensees, to strengthen licensees' 
capabilities and readiness to respond to a potential attack on a 
nuclear facility. On October 16, 2002, the Commission issued Orders to 
the licensees of operating ISFSIs, to place the actions taken in 
response to the Advisories into the established regulatory framework 
and to implement additional security enhancements that emerged from 
NRC's ongoing comprehensive review. The Commission has also 
communicated with other Federal, State, and local government agencies 
and industry representatives to discuss and evaluate the current threat 
environment in order to assess the adequacy of security measures at 
licensed facilities. In addition, the Commission has conducted a 
comprehensive review of its safeguards and security programs and 
    As a result of its consideration of current safeguards and security 
requirements, as well as a review of information provided by the 
intelligence community, the Commission has determined that certain 
additional security measures (ASMs) are required to address the current 
threat environment, in a consistent manner throughout the nuclear ISFSI 
community. Therefore, the Commission is imposing requirements, as set 
forth in Attachments 1 and 2 of this Order, on all licensees of these 
facilities. These requirements, which supplement existing regulatory 
requirements, will provide the Commission with reasonable assurance 
that the public health and safety, the environment, and common defense 
and security continue to be adequately protected in the current threat 
environment. These requirements will remain in effect until the 
Commission determines otherwise.
    The Commission recognizes that licensees may have already initiated 
many of the measures set forth in Attachments 1 and 2 to this Order, in 
response to previously issued advisories, or on their own. It also 
recognizes that some measures may not be possible nor necessary at some 
sites, or may need to be tailored to accommodate the specific 
circumstances existing at FENOC's facility, to achieve the intended 
objectives and avoid any unforeseen effect on the safe storage of spent 
    Although the ASMs implemented by licensees in response to the 
Safeguards and Threat Advisories have been sufficient to provide 
reasonable assurance of adequate protection of public health and 
safety, the Commission concludes that these actions must be embodied in 
a legally binding order because the current threat environment 
continues to persist. Therefore, it is appropriate to require through 
this Order, certain ASMs, consistent with the established regulatory 
    To provide assurance that licensees are implementing prudent 
measures to achieve a consistent level of protection to address the 
current threat environment, licenses issued pursuant to 10 CFR 72.210 
shall be modified to include the requirements identified in Attachments 
1 and 2 to this Order. In addition, pursuant to 10 CFR 2.202, I find 
that, in light of the common defense and security circumstances 
described above, the public health, safety, and interest require that 
this Order be effective immediately.


    Accordingly, pursuant to Sections 53, 103, 104, 147, 149, 161b, 
161i, 161o, 182, and 186 of the Atomic Energy Act of 1954, as amended, 
and the Commission's regulations in 10 CFR 2.202 and 10 CFR Parts 50, 
72, and 73, it is hereby ordered, effective immediately, that your 
general license is modified as follows:
    A. FENOC shall comply with the requirements described in 
Attachments 1 and 2 to this Order, except to the extent that a more 
stringent requirement is set forth in the Perry Nuclear Power Plant's 
reactor physical security plan. FENOC shall immediately start 
implementation of the requirements in Attachments 1 and 2 to the Order 
and shall complete implementation no later than 180 days from the date 
of this Order, with the exception of the ASM B.4 of Attachment 1 
[``Additional Security Measures (ASMs) for Physical Protection of Dry 
Independent Spent Fuel Storage Installations (ISFSIs)''], which shall 
be implemented no later than 365 days from the date of this Order. In 
any event, FENOC shall complete implementation of all ASMs before the 
first day that spent fuel is initially placed in the ISFSI.
    B. 1. FENOC shall, within twenty (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 Attachments 1 and 2; (2) if compliance 
with any of the requirements is unnecessary, in its specific 
circumstances; or (3) if implementation of any of the requirements 
would cause FENOC to be in violation of the provisions of any 
Commission regulation or the facility license. The notification shall 
provide FENOC's justification for seeking relief from, or variation of, 
any specific requirement.
    2. If FENOC considers that implementation of any of the 
requirements described in Attachments 1 and 2 to this Order would 
adversely impact the safe storage of spent fuel, FENOC must notify the 
Commission, within twenty (20) days of this Order, of the adverse 
safety impact, the basis for its determination that the requirement has 
an adverse safety impact, and either a proposal for achieving the same 
objectives specified in Attachments 1 and 2 requirements in question, 
or a schedule for modifying the facility, to address the adverse safety 
condition. If neither approach is appropriate, FENOC must supplement 
its response, to Condition B.1 of this Order, to identify the condition 
as a requirement with which it cannot comply, with attendant 
justifications, as required under Condition B.1.
    C. 1. FENOC shall, within twenty (20) days of this Order, submit to 
the Commission, a schedule for achieving compliance with each 
requirement described in Attachments 1 and 2.
    2. FENOC shall report to the Commission when it has achieved full 
compliance with the requirements described in Attachments 1 and 2.
    D. All measures implemented or actions taken in response to this 
Order shall be maintained until the Commission determines otherwise.
    FENOC's response to Conditions B.1, B.2, C.1, and C.2, above, shall 
be submitted in accordance with 10 CFR 72.4. In addition, submittals 
and documents produced by FENOC as a result of this order, that contain 
Safeguards Information as defined by 10 CFR 73.22, shall be properly 
marked and handled, in accordance with 10 CFR 73.21 and 73.22.
    The Director, Office of Nuclear Material Safety and Safeguards, 
may, in writing, relax or rescind any of the above conditions, for good 


    In accordance with 10 CFR 2.202, FENOC must, and any other person

[[Page 17887]]

adversely affected by this Order may, submit an answer to this Order 
within 20 days of the date of the Order. In addition, FENOC and any 
other person adversely affected by this Order, may request a hearing on 
this Order within 20 days of the date of the Order. Where good cause is 
shown, consideration will be given to extending the time to answer or 
request a hearing. A request for extension of time must be made, in 
writing, to the Director, Office of Nuclear Material Safety and 
Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001, and include a statement of good cause for the extension.
    The answer may consent to this Order. If the answer includes a 
request for a hearing, it shall, under oath or affirmation, 
specifically set forth the matters of fact and law on which FENOC 
relies and the reasons as to why the Order should not have been issued. 
If a person other than FENOC requests a hearing, that person shall set 
forth with particularity the manner in which his interest is adversely 
affected by this Order and shall address the criteria set forth in 10 
CFR 2.309(d).
    All documents filed in NRC adjudicatory proceedings, including a 
request for hearing, a petition for leave to intervene, any motion or 
other document filed in the proceeding before the submission of a 
request for hearing or petition to intervene, and documents filed by 
interested governmental entities participating under 10 CFR 2.315(c), 
must be filed in accordance with the NRC E-Filing rule, which NRC 
promulgated in August 28, 2007 (72 FR 49139), and codified in pertinent 
part at 10 CFR Part 2, Subpart B. The E-Filing process requires 
participants to submit and serve all adjudicatory documents over the 
Internet, or in some cases, to mail copies on electronic storage media. 
Participants may not submit paper copies of their filings unless they 
seek a waiver in accordance with the procedures described below.
    To comply with the procedural requirements associated with E-
Filing, at least five (5) days prior to the filing deadline the 
requestor must contact the Office of the Secretary by e-mail at 
[email protected], or by calling (301) 415-1677, to request: (1) A 
digital ID certificate, which allows the participant (or its counsel or 
representative) to digitally sign documents and access the E-Submittal 
server for any NRC proceeding in which it is participating; and/or (2) 
creation of an electronic docket for the proceeding [even in instances 
when the requestor (or its counsel or representative) already holds an 
NRC-issued digital ID certificate]. Each requestor will need to 
download the Workplace Forms Viewer TM to access the 
Electronic Information Exchange (EIE), a component of the E-Filing 
system. The Workplace Forms Viewer TM is free and is 
available at http://www.nrc.gov/site-help/e-submittals/install-viewer.html. Information about applying for a digital ID certificate 
also is available on NRC's public Web site at http://www.nrc.gov/site-help/e-submittals/apply-certificates.html.
    Once a requestor has obtained a digital ID certificate, had a 
docket created, and downloaded the EIE viewer, he/she can then submit a 
request for a hearing through EIE. Submissions should be in Portable 
Document Format (PDF) in accordance with NRC guidance available on the 
NRC public Web site at http://www.nrc.gov/site-help/e-submittals.html. 
A filing is considered complete at the time the filer submits its 
document through EIE. To be timely, electronic filings must be 
submitted to the EIE system no later than 11:59 p.m., Eastern Time on 
the due date. Upon receipt of a transmission, the E-Filing system time-
stamps the document and sends the submitter an e-mail notice confirming 
receipt of the document. The EIE system also distributes an e-mail 
notice that provides access to the document to the NRC Office of the 
General Counsel and any others who have advised the Office of the 
Secretary that they wish to participate in the proceeding, so that the 
filer need not serve the document on those participants separately. 
Therefore, any others who wish to participate in the proceeding (or 
their counsel or representative) must apply for, and receive digital ID 
certificates before hearing requests are filed so that they may obtain 
access to the documents via the E-Filing system.
    A person filing electronically may seek assistance through the 
``Contact Us'' link located on the NRC Web site at http://www.nrc.gov/site-help/e-submittals.html, or by calling the NRC Meta-System Help 
Desk, which is available between 8 a.m. and 8 p.m., Eastern Time, 
Monday through Friday, excluding government holidays. The Meta-System 
Help Desk can be contacted by telephone at 1-866-672-7640 or by e-mail 
at [email protected].
    Participants who believe that they have good cause for not 
submitting documents electronically must file motions, in accordance 
with 10 CFR 2.302(g), with their initial paper filings requesting 
authorization to continue to submit documents in paper format. Such 
filings must be submitted by: (1) First-class mail, addressed to the 
Office of the Secretary of the Commission, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001, Attention: Rulemaking and 
Adjudications Staff; or (2) courier, express mail, or expedited 
delivery service to the Office of the Secretary, Sixteenth Floor, One 
White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852, 
Attention: Rulemaking and Adjudications Staff. Participants filing a 
document in this manner are responsible for serving the document on all 
other participants. Filing is considered complete, by first-class mail, 
as of the time of deposit in the mail, or by courier, express mail, or 
expedited delivery service upon depositing the document with the 
provider of the service.
    Documents submitted in adjudicatory proceedings will appear in 
NRC's electronic hearing docket which is available to the public at 
http://ehd.nrc.gov/EHD_Proceeding/home.asp, unless excluded pursuant 
to an order of the Commission, an Atomic Safety and Licensing Board, or 
a Presiding Officer. Participants are requested not to include personal 
privacy information, such as social security numbers, home addresses, 
or home phone numbers, in their filings. With respect to copyrighted 
works, except for limited excerpts that serve the purpose of the 
adjudicatory filings and would constitute a Fair-Use application, 
Participants are requested not to include copyrighted materials in 
their works.
    If a hearing is requested by FENOC or a person whose interest is 
adversely affected, 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 
    Pursuant to 10 CFR 2.202(c)(2)(i), FENOC may, in addition to 
requesting 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 in Section III shall be final twenty (20) days from the date 
of this Order, without further Order or proceedings. If an extension of 
time for requesting a hearing has been approved, the provisions, as 
specified in Section III, shall be final when the extension

[[Page 17888]]

expires, if a hearing request has not been received. An answer or a 
request for hearing shall not stay the immediate effectiveness of this 

    Dated at Rockville, Maryland, this 7th day of April 2009.

    For the Nuclear Regulatory Commission.
Michael F. Weber,
Director, Office of Nuclear Material Safety and Safeguards.

Attachment 1--Additional Security Measures (ASMs) for Physical 
Protection of Dry Independent Spent Fuel Storage Installations (ISFSIs) 
Contains Safeguards Information and Is Not Included in the Federal 
Register Notice

Attachment 2--Additional Security Measures for Access Authorization and 
Fingerprinting at Independent Spent Fuel Storage Installations, Dated 
December 19, 2007

A. General Basis Criteria

    1. These additional security measures (ASMs) are established to 
delineate an independent spent fuel storage installation (ISFSI) 
licensee's responsibility to enhance security measures related to 
authorization for unescorted access to the protected area of an ISFSI 
in response to the current threat environment.
    2. Licensees whose ISFSI is collocated with a power reactor may 
choose to comply with the NRC-approved reactor access authorization 
program for the associated reactor as an alternative means to satisfy 
the provisions of sections B through G below. Otherwise, licensees 
shall comply with the access authorization and fingerprinting 
requirements of section B through G of these ASMs.
    3. Licensees shall clearly distinguish in their 20-day response 
which method they intend to use in order to comply with these ASMs.

B. Additional Security Measures for Access Authorization Program

    1. The licensee shall develop, implement and maintain a program, or 
enhance their existing program, designed to ensure that persons granted 
unescorted access to the protected area of an ISFSI are trustworthy and 
reliable and do not constitute an unreasonable risk to the public 
health and safety or the common defense and security, including a 
potential to commit radiological sabotage.
    a. To establish trustworthiness and reliability, the licensee shall 
develop, implement, and maintain procedures for conducting and 
completing background investigations, prior to granting access. The 
scope of background investigations must address at least the past three 
years and, as a minimum, must include:
    i. Fingerprinting and a Federal Bureau of Investigation (FBI) 
identification and criminal history records check (CHRC). Where an 
applicant for unescorted access has been previously fingerprinted with 
a favorably completed CHRC, (such as a CHRC pursuant to compliance with 
orders for access to safeguards information) the licensee may accept 
the results of that CHRC, and need not submit another set of 
fingerprints, provided the CHRC was completed not more than three years 
from the date of the application for unescorted access.
    ii. Verification of employment with each previous employer for the 
most recent year from the date of application.
    iii. Verification of employment with an employer of the longest 
duration during any calendar month for the remaining next most recent 
two years.
    iv. A full credit history review.
    v. An interview with not less than two character references, 
developed by the investigator.
    vi. A review of official identification (e.g., driver's license, 
passport, government identification, State, Province or Country of 
birth issued certificate of birth) to allow comparison of personal 
information data provided by the applicant. The licensee shall maintain 
a photocopy of the identifying document(s) on file, in accordance with 
``Protection of Information,'' Section G of these ASMs.
    vii. Licensees shall confirm eligibility for employment through the 
regulations of the U.S. Department of Homeland Security, U.S. 
Citizenship and Immigration Services (USCIS), and shall verify and 
ensure, to the extent possible, the accuracy of the provided social 
security number and alien registration number as applicable.
    b. The procedures developed or enhanced shall include measures for 
confirming the term, duration, and character of military service, and 
academic enrollment and attendance in lieu of employment, for the past 
five years.
    c. Licensees need not conduct an independent investigation for 
individuals employed at a facility who possess active ``Q'' or ``L'' 
clearances or possess another active U.S. Government granted security 
clearance, i.e., Top Secret, Secret or Confidential.
    d. A review of the applicant's criminal history, obtained from 
local criminal justice resources, may be included in addition to the 
FBI CHRC, and is encouraged if the results of the FBI CHRC, employment 
check, or credit check disclose derogatory information. The scope of 
the applicant's local criminal history check shall cover all residences 
of record for the past three years from the date of the application for 
unescorted access.
    2. The licensee shall use any information obtained as part of a 
CHRC solely for the purpose of determining an individual's suitability 
for unescorted access to the protected area of an ISFSI.
    3. The licensee shall document the basis for its determination for 
granting or denying access to the protected area of an ISFSI.
    4. The licensee shall develop, implement, and maintain procedures 
for updating background investigations for persons who are applying for 
reinstatement of unescorted access. Licensees need not conduct an 
independent reinvestigation for individuals who possess active ``Q'' or 
``L'' clearances or possess another active U.S. Government granted 
security clearance, i.e., Top Secret, Secret or Confidential.
    5. The licensee shall develop, implement, and maintain procedures 
for reinvestigations of persons granted unescorted access, at intervals 
not to exceed five years. Licensees need not conduct an independent 
reinvestigation for individuals employed at a facility who possess 
active ``Q'' or ``L'' clearances or possess another active U.S. 
Government granted security clearance, i.e., Top Secret, Secret or 
    6. The licensee shall develop, implement, and maintain procedures 
designed to ensure that persons who have been denied unescorted access 
authorization to the facility are not allowed access to the facility, 
even under escort.
    7. The licensee shall develop, implement, and maintain an audit 
program for licensee and contractor/vendor access authorization 
programs that evaluate all program elements and include a person 
knowledgeable and practiced in access authorization program performance 
objectives to assist in the overall assessment of the site's program 

C. Fingerprinting Program Requirements

    1. In a letter to the NRC, the licensee must nominate an individual 
who will review the results of the FBI CHRCs to make trustworthiness 
and reliability determinations for unescorted access to an ISFSI. This 
individual, referred to as the ``reviewing official,'' must be someone 
who requires unescorted access to the ISFSI. The NRC will review the 
CHRC of any individual nominated to perform the reviewing official 
function. Based on the results of the CHRC, the NRC staff will 

[[Page 17889]]

whether this individual may have access. If the NRC determines that the 
nominee may not be granted such access, that individual will be 
prohibited from obtaining access.\1\ Once the NRC approves a reviewing 
official, the reviewing official is the only individual permitted to 
make access determinations for other individuals who have been 
identified by the licensee as having the need for unescorted access to 
the ISFSI, and have been fingerprinted and have had a CHRC in 
accordance with these ASMs. The reviewing official can only make access 
determinations for other individuals, and therefore cannot approve 
other individuals to act as reviewing officials. Only the NRC can 
approve a reviewing official. Therefore, if the licensee wishes 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 

    \1\ The NRC's determination of this individual's unescorted 
access to the ISFSI, in accordance with the process, is an 
administrative determination that is outside the scope of the Order.

    2. No person may have access to SGI or unescorted access to any 
facility subject to NRC regulation if the NRC has determined, in 
accordance with its administrative review process based on 
fingerprinting and an FBI identification and CHRC, that the person may 
not have access to SGI or unescorted access to any facility subject to 
NRC regulation.
    3. All fingerprints obtained by the licensee pursuant to this Order 
must be submitted to the Commission for transmission to the FBI.
    4. The licensee shall notify each affected individual that the 
fingerprints will be used to conduct 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'' in section F of these 
    5. Fingerprints need not be taken if the employed individual (e.g., 
a licensee employee, contractor, manufacturer, or supplier) is relieved 
from the fingerprinting requirement by 10 CFR 73.61, has a favorably 
adjudicated U.S. Government CHRC within the last five (5) years, or has 
an active Federal security clearance. Written confirmation from the 
Agency/employer who granted the Federal security clearance or reviewed 
the CHRC must be provided to the licensee. The licensee must retain 
this documentation for a period of three (3) years from the date the 
individual no longer requires access to the facility.

D. Prohibitions

    1. A licensee shall not base a final determination to deny an 
individual unescorted access to the protected area of an ISFSI 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.
    2. A licensee shall not use information received from a CHRC 
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.

E. Procedures for Processing Fingerprint Checks

    1. 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 TWB-05-B32M, one 
completed, legible standard fingerprint card (Form FD-258, 
ORIMDNRCOOOZ) or, where practicable, other fingerprint records for each 
individual seeking unescorted access to an ISFSI, 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) 492-3524, 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.
    2. 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 resubmission 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.
    3. Fees for processing fingerprint checks are due upon application. 
The licensee shall submit payment of the processing fees 
electronically. In order to be able to submit secure electronic 
payments, licensees will need to establish an account with Pay.Gov 
(https://www.pay.gov). To request an account, the licensee shall send 
an e-mail to [email protected]. The e-mail must include the licensee's 
company name, address, point of contact (POC), POC e-mail address, and 
phone number. The NRC will forward the request to Pay.Gov; who will 
contact the licensee with a password and user lD. Once licensees have 
established an account and submitted payment to Pay.Gov, they shall 
obtain a receipt. The licensee shall submit the receipt from Pay.Gov to 
the NRC along with fingerprint cards. For additional guidance on making 
electronic payments, contact the Facilities Security Branch, Division 
of Facilities and Security, at (301) 415-7739. Combined payment for 
multiple applications is acceptable. The application fee (currently 
$36) 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.
    4. 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.

F. Right To Correct and Complete Information

    1. Prior to any final adverse determination, the licensee shall 
make available to the individual the contents of any criminal history 
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 notification.
    2. 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

[[Page 17890]]

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 CHRC after the record is made available for his/
her review. The licensee may make a final 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 an ISFSI, the licensee shall provide the 
individual its documented basis for denial. Access to an ISFSI shall 
not be granted to an individual during the review process.

G. Protection of Information

    1. The licensee shall develop, implement, and maintain a system for 
personnel information management with appropriate procedures for the 
protection of personal, confidential information. This system shall be 
designed to prohibit unauthorized access to sensitive information and 
to prohibit modification of the information without authorization.
    2. 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.
    3. 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 
suitability for unescorted access to the protected area of an ISFSI. No 
individual authorized to have access to the information may re-
disseminate the information to any other individual who does not have 
the appropriate need-to-know.
    4. The personal information obtained on an individual from a 
criminal history record check may be transferred to another licensee if 
the gaining licensee receives the individual's written request to re-
disseminate the information contained in his/her file, and the gaining 
licensee verifies information such as the individual's name, date of 
birth, social security number, sex, and other applicable physical 
characteristics for identification purposes.
    5. 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.

[FR Doc. E9-8826 Filed 4-16-09; 8:45 am]