[Federal Register Volume 75, Number 124 (Tuesday, June 29, 2010)]
[Notices]
[Pages 37479-37483]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-15730]


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NUCLEAR REGULATORY COMMISSION

[EA-10-073; Project No. 0769; NRC-2010-0207]


In the Matter of NuScale Power, Inc. and All Other Persons; Who 
Seek or Obtain Access to Safeguards Information Described Herein; Order 
Imposing Safeguards Information Protection Requirements for Access to 
Safeguards Information (Effective Immediately)

I

    NuScale Power, Inc. (NuScale) has submitted a letter of intent to 
the U.S. Nuclear Regulatory Commission (NRC) for a design certification 
application in 2012.
    In June 2009, the Commission published a rulemaking in the Federal 
Register (74 FR 28112) requiring applicants for a variety of licensing 
activities, including nuclear power plant designers, to perform a 
design-specific assessment of the effects of the impact of a large, 
commercial aircraft and to incorporate design features and functional 
capabilities into the nuclear power plant design to provide additional 
inherent protection with reduced use of operator actions. A discussion 
of the specific requirements for applicants for new nuclear power 
reactors can be found in Section V of the Federal Register notice. 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 the required aircraft 
impact assessments.
    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. On July 10, 2009, the NRC issued 
a draft regulatory guide (DG)-1176, ``Guidance for the Assessment of 
Beyond-Design-Basis Aircraft Impacts.'' The agency did not receive any 
comments on the document. The staff is currently working to finalize 
the regulatory guide and intends to include these aircraft impact 
characteristics in the safeguards information (SGI) version of its 
final regulatory guide. 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 SGI,\1\ in accordance 
with Section 147 of the Atomic Energy Act of 1954, as amended (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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    On October 24, 2008, the NRC revised Title 10 of the Code of 
Federal Regulations 10 CFR part 73, section 73.21, ``Protection of 
Safeguards Information: Performance Requirements,'' to include 
applicants in the list of entities required to protect SGI (73 FR 
63546). The NRC is issuing this order to NuScale to impose requirements 
for the protection of SGI in addition to the requirements set forth in 
10 CFR 73.21. These additional requirements include nomination of a 
reviewing official, restrictions on storage of SGI, and access to SGI 
by certain individuals.
    To implement this Order, NuScale must nominate an individual who 
will review the results of the Federal Bureau of Investigation (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 NuScale as having a need to 
know SGI, and who have been fingerprinted, have had a criminal history 
records check and a background 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 NuScale wishes to have a new or additional reviewing 
official, the NRC must approve that individual before he or she can act 
in that capacity.

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. To provide 
assurance that NuScale is continuing to implement appropriate measures 
to ensure a consistent level of protection to prohibit unauthorized 
disclosure of SGI, and to comply with the fingerprinting, criminal 
history records check, and background check requirements for access to 
SGI, NuScale shall implement the requirements for the protection of SGI 
as set forth in 10 CFR 73.21, 10 CFR 73.22, and this Order.
    Certain categories of individuals are relieved by rule from the 
fingerprinting requirements under 10 CFR 73.59, ``Relief from 
Fingerprinting, Identification and Criminal History Records Checks and 
Other Elements of Background Checks for Designated Categories of 
Individuals.'' Those individuals include Federal, State, and

[[Page 37480]]

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 fingerprinting requirement.
    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, 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 NuScale 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, 10 CFR 73.22, and this order.
    A. 1. 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.
    2. NuScale 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. NuScale 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.
    3. NuScale 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 NuScale 
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 Section III.A. above. Before providing SGI to any 
person, a copy of this Order shall be provided to that person.
    C. NuScale shall comply with the following requirements:
    1. NuScale shall, within 20 days of the date of this Order, submit 
the fingerprints of one individual whom (a) NuScale 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 NuScale's reviewing official.\2\ NuScale may, at 
the same time or later, submit the fingerprints of other individuals to 
whom NuScale 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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    \2\ 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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    2. NuScale 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 compliance with any of the requirements is unnecessary in its 
specific circumstances.
    The notification shall provide NuScale's justification for seeking 
relief from, or variation of, any specific requirement.
    NuScale shall submit responses to C.1. and C.2 above to the 
Director, Office of New Reactors, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555. In addition, NuScale shall mark its responses as 
``Security-Related Information--Withhold Under 10 CFR 2.390.''
    Except for the requirements for fingerprinting, the Director, 
Office of New Reactors, may, in writing, relax or rescind any of the 
above conditions upon demonstration of good cause by NuScale.

IV

    In accordance with 10 CFR 2.202, NuScale 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 NuScale 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 NuScale, if the answer or hearing request 
is by an entity other than NuScale. 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 through facsimile transmission to (301) 415-3725 
or via e-mail to [email protected]. If an entity other than NuScale 
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 NuScale, or a person whose interest is adversely affected, 
requests a hearing, the Commission will issue an order

[[Page 37481]]

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), NuScale 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 at Rockville, Maryland, this 2nd day of June 2010.

    For the Nuclear Regulatory Commission.
Michael R. Johnson,
Director, Office of New Reactors.

Guidance for Evaluation of Access to Safeguards Information With the 
Inclusion of Criminal History Records (Fingerprint) Checks

    When a licensee or other person \3\ submits fingerprints to the 
Nuclear Regulatory Commission (NRC) pursuant to an NRC Order, it will 
receive a criminal history summary of information, provided in federal 
records, since the individual's eighteenth birthday. Individuals retain 
the right to correct and complete information and to initiate challenge 
procedures described in Enclosure 3. The licensee will receive the 
information from the criminal history records check for those 
individuals requiring access to Safeguards Information (SGI), and the 
reviewing official will evaluate that information using the guidance 
below. Furthermore, the requirements of all Orders, which apply to the 
information and material to which access is being granted, must be met.
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    \3\ As used herein, ``licensee'' means any licensee or other 
person who is required to conduct fingerprinting.
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    The licensee's reviewing official is required to evaluate all 
pertinent and available information in making a determination of access 
to SGI, including the criminal history information pertaining to the 
individual as required by the NRC Order. The criminal history records 
check is used when determining whether an individual has a record of 
criminal activity that indicates that the individual should not have 
access to SGI. Each determination of access to SGI, which includes a 
review of criminal history information, must be documented to include 
the basis for the decision that is made.
    (i) If negative information is discovered that was not provided by 
the individual, or which is different in any material respect from the 
information provided by the individual, this information should be 
considered, and decisions made based on these findings, must be 
documented.
    (ii) Any record containing a pattern of behaviors which indicates 
that the behaviors could be expected to recur or continue, or recent 
behaviors which cast questions on whether an individual should have 
access to SGI, should be carefully evaluated prior to any authorization 
of access to SGI.
    It is necessary for a licensee to resubmit fingerprints only under 
two conditions:
    (1) The FBI has determined that the fingerprints cannot be 
classified due to poor quality in the mechanics of taking the initial 
impressions; or
    (2) the initial submission has been lost.
    If the FBI advises that six sets of fingerprints are unclassifiable 
based on conditions other than poor quality, the licensee may submit a 
request to the NRC for alternatives. When those search results are 
received from the FBI, no further search is necessary.

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 \4\ 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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    \4\ 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 
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

[[Page 37482]]

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.

General Requirements

    Licensees and other persons who are required to conduct 
fingerprinting shall comply with the requirements of this enclosure.\5\
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    \5\ As used herein, A``licensee'' means any licensee or other 
person who is required to conduct fingerprinting in accordance with 
these requirements.
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    A. The licensee shall notify the U.S. Nuclear Regulatory Commission 
(NRC) of any desired change in reviewing officials, in compliance with 
C.1 of the subject Order. The NRC will determine whether the individual 
nominated as the new reviewing official may have access to safeguards 
information (SGI) based on a previously-obtained or new criminal 
history check and, therefore, will be permitted to serve as the 
licensee's reviewing official.

Procedures for Processing Fingerprint Checks

    For the purpose of complying with this order, licensees shall, 
using an appropriate method listed in Title 10 of the Code of Federal 
Regulations (10 CFR) part 73, section 4, submit to the NRC's Division 
of Facilities and Security, Mail Stop T-6E46, one completed, legible 
standard 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 Federal Bureau of Investigations (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 $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.
    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

[[Page 37483]]

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. 2010-15730 Filed 6-28-10; 8:45 am]
BILLING CODE 7590-01-P