[Federal Register Volume 77, Number 207 (Thursday, October 25, 2012)]
[Notices]
[Pages 65215-65220]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-26288]
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NUCLEAR REGULATORY COMMISSION
[NRC-2012-0254; EA-12-147]
In the Matter of Licensee Identified in Attachment 1 and all
Other Persons Who Obtain Safeguards Information Described Herein; Order
Imposing Requirements for the Protection of Certain Safeguards
Information (Effective Immediately)
I
The Licensee, identified in Attachment 1 \1\ to this Order, holds a
license issued in accordance with the Atomic Energy Act of 1954, as
amended, (AEA) by the U.S. Nuclear Regulatory Commission (NRC or the
Commission), authorizing it to possess, use, and transfer items
containing radioactive material quantities of concern. The NRC intends
to issue a security Order to this Licensee in the near future. The
Order will require compliance with specific Additional Security
Measures to enhance the security for certain radioactive material
quantities of concern. The Commission has determined that these
documents will contain Safeguards Information, will not be released to
the public, and must be protected from unauthorized disclosure.
Therefore, the Commission is imposing the requirements, as set forth in
Attachments 2 and 3 to this Order and in Order EA-12-148, so that the
Licensee can receive these documents. This Order also imposes
requirements for the protection of Safeguards Information in the hands
of any person,\2\ whether or not a licensee of the Commission, who
produces, receives, or acquires Safeguards Information.
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\1\ Attachment 1 contains sensitive information and will not be
released to the public.
\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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II
The Commission has broad statutory authority to protect and
prohibit the unauthorized disclosure of Safeguards Information. Section
147 of the AEA grants the Commission explicit authority to ``* * *
issue such orders, as necessary to prohibit the unauthorized disclosure
of safeguards information * * *.'' This authority extends to
information concerning the security measures for the physical
protection of special nuclear material, source material, and byproduct
material. Licensees and all persons who produce, receive, or acquire
Safeguards Information must ensure proper handling and protection of
Safeguards Information to avoid unauthorized disclosure in accordance
with the specific requirements for the protection of Safeguards
Information contained in Attachments 2 and 3 to this Order. The
Commission hereby provides notice that it intends to treat violations
of the requirements contained in Attachments 2 and 3 to this Order,
applicable to the handling and unauthorized disclosure of Safeguards
Information, as serious breaches of adequate protection of the public
health and safety and the common defense and security of the United
States.
Access to Safeguards Information is limited to those persons who
have established the need-to-know the information and are considered to
be trustworthy and reliable, and meet the requirements of Order EA-12-
148. A need-to-know means a determination by a person having
responsibility for protecting Safeguards Information that a proposed
recipient's access to Safeguards Information is necessary in the
performance of official, contractual, or licensee duties of employment.
The Licensee and all other persons who obtain Safeguards
Information must ensure that they develop, maintain and implement
strict policies and procedures for the proper handling of Safeguards
Information to prevent unauthorized disclosure, in accordance with the
requirements in Attachments 2 and 3 to this Order. The Licensee must
ensure that all contractors whose employees may have access to
Safeguards Information either adhere to the Licensee's policies and
procedures on Safeguards Information or develop, or maintain and
implement their own acceptable policies and procedures. The Licensee
remains responsible for the conduct of their contractors. The policies
and procedures necessary to ensure compliance with applicable
requirements contained in Attachments 2 and 3 to this Order must
address, at a minimum, the following: the general performance
requirement that each person who produces, receives, or acquires
Safeguards Information shall ensure that Safeguards Information is
protected against unauthorized disclosure; protection of Safeguards
Information at fixed sites, in use and in storage, and while in
transit; correspondence containing Safeguards
[[Page 65216]]
Information; access to Safeguards Information; preparation, marking,
reproduction and destruction of documents; external transmission of
documents; use of automatic data processing systems; removal of the
Safeguards Information category; the need-to-know the information; and
background checks to determine access to the information.
In order to provide assurance that the Licensee is implementing
prudent measures to achieve a consistent level of protection to
prohibit the unauthorized disclosure of Safeguards Information, the
Licensee shall implement the requirements identified in Attachments 2
and 3 to this Order. In addition, pursuant to Attachments 2 and 3 to
this Order, I find that in light of the common defense and security
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 81, 147, 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, 10 CFR Part 30, 10 CFR Part
32, 10 CFR Part 35, 10 CFR Part 70, and 10 CFR Part 73, it is hereby
ordered, effective immediately, that the licensee identified in
attachment 1 to this order and all other persons who produce, receive,
or acquire the additional security measures identified above (whether
draft or final) or any related safeguards information shall comply with
the requirements of attachments 2 and 3.
The Director, Office of Federal and State Materials and
Environmental Management Programs, may, in writing, relax or rescind
any of the above conditions upon demonstration of good cause by the
Licensee.
IV
In accordance with 10 CFR 2.202, the Licensee must, and any other
person adversely affected by this Order may, submit an answer to this
Order within twenty (20) days of the date of this Order. In addition,
the Licensee and any other person adversely affected by this Order may
request a hearing of this Order within twenty (20) days of the date of
the Order. Where good cause is shown, consideration will be given to
extending the time to request a hearing. A request for extension of
time must be made, in writing, to the Director, Office of Federal and
State Materials and Environmental Management Programs, 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 the
Licensee relies and the reasons as to why the Order should not have
been issued. If a person other than the Licensee 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). Pursuant to 10 CFR
2.202(c)(2)(i), the Licensee or any other person adversely affected by
this Order 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 ground that the Order,
including the need for immediate effectiveness, is not based on
adequate evidence but on mere suspicion, ungrounded allegations or
error.
All documents filed in the NRC adjudicatory proceedings, including
a request for hearing, a petition for leave to intervene, any motion or
other document filed in the proceeding prior to 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's E-Filing rule (72 FR 49139;
August 28, 2007). 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 an exemption in
accordance with the procedures described below.
To comply with the procedural requirements of E-Filing, at least 10
days prior to the filing deadline, the participant should contact the
Office of the Secretary by email at [email protected], or by
telephone at 301-415-1677, to request (1) a digital identification (ID)
certificate, which allows the participant (or its counsel or
representative) to digitally sign documents and access the E-Submittal
server for any proceeding in which it is participating; and (2) advise
the Secretary that the participant will be submitting a request or
petition for hearing (even in instances in which the participant, or
its counsel or representative, already holds an NRC-issued digital ID
certificate). Based upon this information, the Secretary will establish
an electronic docket for the hearing in this proceeding if the
Secretary has not already established an electronic docket.
Information about applying for a digital ID certificate is
available on the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals/apply-certificates.html. System requirements for accessing
the E-Submittal server are detailed in the NRC's ``Guidance for
Electronic Submission,'' which is available on the NRC's public Web
site at http://www.nrc.gov/site-help/e-submittals.html. Participants
may attempt to use other software not listed on the Web site, but
should note that the NRC's E-Filing system does not support unlisted
software, and the NRC Meta System Help Desk will not be able to offer
assistance in using unlisted software.
If a participant is electronically submitting a document to the NRC
in accordance with the E-Filing rule, the participant must file the
document using the NRC's online, Web-based submission form. In order to
serve documents through the Electronic Information Exchange System,
users will be required to install a Web browser plug-in from the NRC's
Web site. Further information on the Web-based submission form,
including the installation of the Web browser plug-in, is available on
the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals.html.
Once a participant has obtained a digital ID certificate and a
docket has been created, the participant can then submit a request for
hearing or petition for leave to intervene. Submissions should be in
Portable Document Format (PDF) in accordance with the NRC guidance
available on the NRC's Web site at http://www.nrc.gov/site-help/e-submittals.html. A filing is considered complete at the time the
documents are submitted through the NRC's E-Filing system. To be
timely, an electronic filing must be submitted to the E-Filing 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 email notice confirming receipt of the document. The
E-Filing system also distributes an email notice that provides access
to the document to the NRC's 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
documents on those participants separately. Therefore, applicants and
other participants (or their counsel or representative) must
[[Page 65217]]
apply for and receive a digital ID certificate before a hearing
request/petition to intervene is filed so that they can obtain access
to the document via the E-Filing system.
A person filing electronically using the agency's adjudicatory E-
Filing system may seek assistance by contacting the NRC Meta System
Help Desk through the ``Contact Us'' link located on the NRC Web site
at http://www.nrc.gov/site-help/e-submittals.html, by email at
[email protected], or by a toll-free call at 1-866-672-7640. The
NRC Meta System Help Desk is available between 8 a.m. and 8 p.m.,
Eastern Time, Monday through Friday, excluding government holidays.
Participants who believe that they have a good cause for not
submitting documents electronically must file an exemption request, in
accordance with 10 CFR 2.302(g), with their initial paper filing
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. A presiding officer,
having granted an exemption request from using E-Filing, may require a
participant or party to use E-Filing if the presiding officer
subsequently determines that the reason for granting the exemption from
use of E-Filing no longer exists.
Documents submitted in adjudicatory proceedings will appear in
NRC's electronic hearing docket which is available to the public at
http://ehd1.nrc.gov/EHD/, unless excluded pursuant to an order of the
Commission, or the 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, unless an NRC
regulation or other law requires submission of such information. 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 submission.
If a hearing is requested by the Licensee 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 sustained.
Pursuant to 10 CFR 2.202(c)(2)(i), the Licensee 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 ground 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
specified in Section III above 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 specified 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 16th day of October, 2012.
For the Nuclear Regulatory Commission.
Mark A. Satorius,
Director, Office of Federal and State Materials and Environmental
Management Programs.
Attachment 1: Applicable Materials Licensees Redacted
Attachment 2--Modified Handling Requirements for the Protection of
Certain Safeguards Information (SGI-M) General Requirement
Information and material that the U.S. Nuclear Regulatory
Commission (NRC) determines are safeguards information must be
protected from unauthorized disclosure. In order to distinguish
information needing modified protection requirements from the
safeguards information for reactors and fuel cycle facilities that
require a higher level of protection, the term ``Safeguards
Information--Modified Handling'' (SGI-M) is being used as the
distinguishing marking for certain materials licensees. Each person who
produces, receives, or acquires SGI-M shall ensure that it is protected
against unauthorized disclosure. To meet this requirement, licensees
and persons shall establish and maintain an information protection
system that includes the measures specified below. Information
protection procedures employed by State and local police forces are
deemed to meet these requirements.
Persons Subject to These Requirements
Any person, whether or not a licensee of the NRC, who produces,
receives, or acquires SGI-M is subject to the requirements (and
sanctions) of this document. Firms and their employees that supply
services or equipment to materials licensees would fall under this
requirement if they possess facility SGI-M. A licensee must inform
contractors and suppliers of the existence of these requirements and
the need for proper protection. (See more under Conditions for Access)
State or local police units who have access to SGI-M are also subject
to these requirements. However, these organizations are deemed to have
adequate information protection systems. The conditions for transfer of
information to a third party, i.e., need-to-know, would still apply to
the police organization as would sanctions for unlawful disclosure.
Again, it would be prudent for licensees who have arrangements with
local police to advise them of the existence of these requirements.
Criminal and Civil Sanctions
The Atomic Energy Act of 1954, as amended, explicitly provides that
any person, ``whether or not a licensee of the Commission, who violates
any regulations adopted under this section shall be subject to the
civil monetary penalties of section 234 of this Act.'' Furthermore,
willful violation of any regulation or order governing safeguards
information is a felony subject to criminal penalties in the form of
fines or imprisonment, or both. See sections 147b. and 223 of the Act.
Conditions for Access
Access to SGI-M beyond the initial recipients of the order will be
governed by the background check requirements imposed by the order.
Access to SGI-M by licensee employees, agents, or contractors must
include both an appropriate need-to-know determination by the licensee,
as well as a determination concerning the trustworthiness of
individuals having access to the information. Employees of an
organization affiliated with the licensee's company (e.g., a parent
company), may be considered as
[[Page 65218]]
employees of the licensee for access purposes.
Need-to-Know
Need-to-know is defined as a determination by a person having
responsibility for protecting SGI-M that a proposed recipient's access
to SGI-M is necessary in the performance of official, contractual, or
licensee duties of employment. The recipient should be made aware that
the information is SGI-M and those having access to it are subject to
these requirements as well as criminal and civil sanctions for
mishandling the information.
Occupational Groups
Dissemination of SGI-M is limited to individuals who have an
established need-to-know and who are members of certain occupational
groups. These occupational groups are:
A. An employee, agent, or contractor of an applicant, a licensee,
the Commission, or the United States Government;
B. A member of a duly authorized committee of the Congress;
C. The Governor of a State or his designated representative;
D. A representative of the International Atomic Energy Agency
(IAEA) engaged in activities associated with the U.S./IAEA Safeguards
Agreement who has been certified by the NRC;
E. A member of a State or local law enforcement authority that is
responsible for responding to requests for assistance during safeguards
emergencies; or
F. A person to whom disclosure is ordered pursuant to Section
2.744(e) of Part 2 of Part 10 of the Code of Federal Regulations.
G. State Radiation Control Program Directors (and State Homeland
Security Directors) or their designees.
In a generic sense, the individuals described above in (A) through
(G) are considered to be trustworthy by virtue of their employment
status. For non-governmental individuals in group (A) above, a
determination of reliability and trustworthiness is required.
Discretion must be exercised in granting access to these individuals.
If there is any indication that the recipient would be unwilling or
unable to provide proper protection for the SGI-M, they are not
authorized to receive SGI-M.
Information Considered for Safeguards Information Designation
Information deemed SGI-M is information the disclosure of which
could reasonably be expected to have a significant adverse effect on
the health and safety of the public or the common defense and security
by significantly increasing the likelihood of theft, diversion, or
sabotage of materials or facilities subject to NRC jurisdiction.
SGI-M identifies safeguards information which is subject to these
requirements. These requirements are necessary in order to protect
quantities of nuclear material significant to the health and safety of
the public or common defense and security.
The overall measure for consideration of SGI-M is the usefulness of
the information (security or otherwise) to an adversary in planning or
attempting a malevolent act. The specificity of the information
increases the likelihood that it will be useful to an adversary.
Protection While in Use
While in use, SGI-M shall be under the control of an authorized
individual. This requirement is satisfied if the SGI-M is attended by
an authorized individual even though the information is in fact not
constantly being used. SGI-M, therefore, within alarm stations,
continuously manned guard posts or ready rooms need not be locked in
file drawers or storage containers.
Under certain conditions the general control exercised over
security zones or areas would be considered to meet this requirement.
The primary consideration is limiting access to those who have a need-
to-know. Some examples would be:
Alarm stations, guard posts and guard ready rooms;
Engineering or drafting areas if visitors are escorted and information
is not clearly visible;
Plant maintenance areas if access is restricted and information is not
clearly visible;
Administrative offices (e.g., central records or purchasing) if
visitors are escorted and information is not clearly visible.
Protection While in Storage
While unattended, SGI-M shall be stored in a locked file drawer or
container. Knowledge of lock combinations or access to keys protecting
SGI-M shall be limited to a minimum number of personnel for operating
purposes who have a ``need-to-know'' and are otherwise authorized
access to SGI-M in accordance with these requirements. Access to lock
combinations or keys shall be strictly controlled so as to prevent
disclosure to an unauthorized individual.
Transportation of Documents and Other Matter
Documents containing SGI-M when transmitted outside an authorized
place of use or storage shall be enclosed in two sealed envelopes or
wrappers. The inner envelope or wrapper shall contain the name and
address of the intended recipient, and be marked both sides, top and
bottom with the words ``Safeguards Information--Modified Handling.''
The outer envelope or wrapper must be addressed to the intended
recipient, must contain the address of the sender, and must not bear
any markings or indication that the document contains SGI-M.
SGI-M may be transported by any commercial delivery company that
provides nation-wide overnight service with computer tracking features,
US first class, registered, express, or certified mail, or by any
individual authorized access pursuant to these requirements. Within a
facility, SGI-M may be transmitted using a single opaque envelope. It
may also be transmitted within a facility without single or double
wrapping, provided adequate measures are taken to protect the material
against unauthorized disclosure. Individuals transporting SGI-M should
retain the documents in their personal possession at all times or
ensure that the information is appropriately wrapped and also secured
to preclude compromise by an unauthorized individual.
Preparation and Marking of Documents
While the NRC is the sole authority for determining what specific
information may be designated as ``SGI-M,'' originators of documents
are responsible for determining whether those documents contain such
information. Each document or other matter that contains SGI-M shall be
marked ``Safeguards Information--Modified Handling'' in a conspicuous
manner on the top and bottom of the first page to indicate the presence
of protected information. The first page of the document must also
contain (i) the name, title, and organization of the individual
authorized to make a SGI-M determination, and who has determined that
the document contains SGI-M, (ii) the date the document was originated
or the determination made, (iii) an indication that the document
contains SGI-M, and (iv) an indication that unauthorized disclosure
would be subject to civil and criminal sanctions. Each additional page
shall be marked in a conspicuous fashion at the top and bottom with
letters denoting
[[Page 65219]]
``Safeguards Information Modified Handling.''
In additional to the ``Safeguards Information--Modified Handling''
markings at the top and bottom of each page, transmittal letters or
memoranda which do not in themselves contain SGI-M shall be marked to
indicate that attachments or enclosures contain SGI-M but that the
transmittal does not (e.g., ``When separated from SGI-M enclosure(s),
this document is decontrolled'').
In addition to the information required on the face of the
document, each item of correspondence that contains SGI-M shall, by
marking or other means, clearly indicate which portions (e.g.,
paragraphs, pages, or appendices) contain SGI-M and which do not.
Portion marking is not required for physical security and safeguards
contingency plans.
All documents or other matter containing SGI-M in use or storage
shall be marked in accordance with these requirements. A specific
exception is provided for documents in the possession of contractors
and agents of licensees that were produced more than one year prior to
the effective date of the order. Such documents need not be marked
unless they are removed from file drawers or containers. The same
exception applies to old documents stored away from the facility in
central files or corporation headquarters.
Since information protection procedures employed by state and local
police forces are deemed to meet NRC requirements, documents in the
possession of these agencies need not be marked as set forth in this
document.
Removal From SGI-M Category
Documents containing SGI-M shall be removed from the SGI-M category
(decontrolled) only after the NRC determines that the information no
longer meets the criteria of SGI-M. Licensees have the authority to
make determinations that specific documents which they created no
longer contain SGI-M information and may be decontrolled. Consideration
must be exercised to ensure that any document decontrolled shall not
disclose SGI-M in some other form or be combined with other unprotected
information to disclose SGI-M.
The authority to determine that a document may be decontrolled may
be exercised only by, or with the permission of, the individual (or
office) who made the original determination. The document shall
indicate the name and organization of the individual removing the
document from the SGI-M category and the date of the removal. Other
persons who have the document in their possession should be notified of
the decontrolling of the document.
Reproduction of Matter Containing SGI-M
SGI-M may be reproduced to the minimum extent necessary consistent
with need without permission of the originator. Newer digital copiers
which scan and retain images of documents represent a potential
security concern. If the copier is retaining SGI-M information in
memory, the copier cannot be connected to a network. It should also be
placed in a location that is cleared and controlled for the authorized
processing of SGI-M information. Different copiers have different
capabilities, including some which come with features that allow the
memory to be erased. Each copier would have to be examined from a
physical security perspective.
Use of Automatic Data Processing (ADP) Systems
SGI-M may be processed or produced on an ADP system provided that
the system is assigned to the licensee's or contractor's facility and
requires the use of an entry code/password for access to stored
information. Licensees are encouraged to process this information in a
computing environment that has adequate computer security controls in
place to prevent unauthorized access to the information. An ADP system
is defined here as a data processing system having the capability of
long term storage of SGI-M. Word processors such as typewriters are not
subject to the requirements as long as they do not transmit information
offsite. (Note: if SGI-M is produced on a typewriter, the ribbon must
be removed and stored in the same manner as other SGI-M information or
media.) The basic objective of these restrictions is to prevent access
and retrieval of stored SGI-M by unauthorized individuals, particularly
from remote terminals. Specific files containing SGI-M will be password
protected to preclude access by an unauthorized individual. The
National Institute of Standards and Technology (NIST) maintains a
listing of all validated encryption systems at http://csrc.nist.gov/cryptval/1401/1401val.htm. SGI-M files may be transmitted over a
network if the file is encrypted. In such cases, the licensee will
select a commercially available encryption system that NIST has
validated as conforming to Federal Information Processing Standards
(FIPS). SGI-M files shall be properly labeled as ``Safeguards
Information--Modified Handling'' and saved to removable media and
stored in a locked file drawer or cabinet.
Telecommunications
SGI-M may not be transmitted by unprotected telecommunications
circuits except under emergency or extraordinary conditions. For the
purpose of this requirement, emergency or extraordinary conditions are
defined as any circumstances that require immediate communications in
order to report, summon assistance for, or respond to a security event
(or an event that has potential security significance).
This restriction applies to telephone, telegraph, teletype,
facsimile circuits, and to radio. Routine telephone or radio
transmission between site security personnel, or between the site and
local police, should be limited to message formats or codes that do not
disclose facility security features or response procedures. Similarly,
call-ins during transport should not disclose information useful to a
potential adversary. Infrequent or non-repetitive telephone
conversations regarding a physical security plan or program are
permitted provided that the discussion is general in nature.
Individuals should use care when discussing SGI-M at meetings or in
the presence of others to insure that the conversation is not overheard
by persons not authorized access. Transcripts, tapes or minutes of
meetings or hearings that contain SGI-M shall be marked and protected
in accordance with these requirements.
Destruction
Documents containing SGI-M should be destroyed when no longer
needed. They may be destroyed by tearing into small pieces, burning,
shredding or any other method that precludes reconstruction by means
available to the public at large. Piece sizes one half inch or smaller
composed of several pages or documents and thoroughly mixed would be
considered completely destroyed.
Attachment 3--Trustworthiness and Reliability Requirements for
Individuals Handling Safeguards Information
In order to ensure the safe handling, use, and control of
information designated as Safeguards Information, each licensee shall
control and limit access to the information to only those individuals
who have established the need-to-know the information, and are
considered to be trustworthy and reliable. Licensees shall document the
basis for concluding that there is reasonable assurance that
individuals
[[Page 65220]]
granted access to Safeguards Information are trustworthy and reliable,
and do not constitute an unreasonable risk for malevolent use of the
information.
The Licensee shall comply with the requirements of this attachment:
1. The trustworthiness and reliability of an individual shall be
determined based on a background investigation:
(a) The background investigation shall address at least the past
three (3) years, and, at a minimum, include verification of employment,
education, and personal references. The licensee shall also, to the
extent possible, obtain independent information to corroborate that
provided by the employee (i.e., seeking references not supplied by the
individual).
(b.) If an individual's employment has been less than the required
three (3) year period, educational references may be used in lieu of
employment history.
The licensee's background investigation requirements may be satisfied
for an individual that has an active Federal security clearance.
2. The licensee shall retain documentation regarding the
trustworthiness and reliability of individual employees for three years
after the individual's employment ends. In order for an individual to
be granted access to Safeguards Information, the individual must be
determined to be trustworthy and reliable, as describe in requirement 1
above, and meet the requirements of NRC Order EA-12-148.
DG-SGI-1, Designation Guide for Safeguards Information Redacted
[FR Doc. 2012-26288 Filed 10-24-12; 8:45 am]
BILLING CODE 7590-01-P