[Federal Register Volume 79, Number 171 (Thursday, September 4, 2014)]
[Notices]
[Pages 52766-52771]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-21076]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Project No. 0782; EA-13-033; NRC-2013-0152]
In the Matter of Korea Hydro and Nuclear Power, Co., Ltd. and All
Other Persons Who Seek or Obtain Access to Safeguards Information
Described Herein; Order Imposing Protection Requirements for Access to
Safeguards Information (Effective Immediately)
AGENCY: Nuclear Regulatory Commission.
ACTION: Order; modification.
-----------------------------------------------------------------------
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing this
[[Page 52767]]
amended Order to clarify the access requirements and approvals
necessary to provide adequate protection of Safeguards Information.
DATES: Effective Date: See attachment.
ADDRESSES: Please refer to Docket ID NRC-2013-0152 when contacting the
NRC about the availability of information regarding this document. You
may access publicly-available information related to this document
using any of the following methods:
Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2013-0152. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-287-
3422; email: [email protected]. For questions about this Order,
contact the individual listed in the FOR FURTHER INFORMATION CONTACT
section of this document.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may access publicly available documents online in the
ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``ADAMS Public Documents'' and
then select ``Begin Web-based ADAMS Search.'' For problems with ADAMS,
please contact the NRC's Public Document Room (PDR) reference staff at
1-800-397-4209, 301-415-4737, or by email to [email protected]. The
amended Order is available in ADAMS under accession no.: ML14177A190.
NRC's PDR: You may examine and purchase copies of public
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555
Rockville Pike, Rockville, Maryland 20852.
FOR FURTHER INFORMATION CONTACT: Jeffrey Ciocco, Office of New
Reactors, U.S. Nuclear Regulatory Commission, Washington DC 20555-0001;
telephone: 301-415-6391, email: [email protected].
SUPPLEMENTARY INFORMATION: The text of the Order is attached.
Dated at Rockville, Maryland, this 27th day of August 2014.
For the Nuclear Regulatory Commission.
Jeffrey Ciocco,
Senior Project Manager, Licensing Branch 2, Division of New Reactor
Licensing, Office of New Reactors.
Attachment--Amended Order Imposing Protection Requirements for Access
to Safeguards Information (Effective Immediately)
Amended Order Imposing Protection Requirements for Access to Safeguards
Information (Effective Immediately)
I.
Korea Hydro and Nuclear Power, Co. Ltd. (KHNP) submitted a letter
of intent to the U.S. Nuclear Regulatory Commission (NRC) for a design
certification (DC) application in 2013. On July 1, 2013, the NRC issued
an Order imposing Safeguards Information (SGI) protection requirements
and fingerprinting and criminal history records check requirements for
access to SGI. In a letter dated November 7, 2013, KHNP clarified its
position on how it intended to share the aircraft impact analysis (AIA)
with employees and contractors. The NRC is issuing this revised Order
to clarify the access requirements and approvals necessary to provide
adequate protection of SGI.
In June 2009, the Commission published a rulemaking in the Federal
Register (FR) (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 and 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 the 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 the 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 August 5, 2011, the NRC issued Regulatory Guide
(RG) 1.217, ``Guidance for the Assessment of Beyond-Design-Basis
Aircraft Impacts,'' which endorses the methodologies described in the
industry guidance document, Nuclear Energy Institute (NEI) 07-13,
``Methodology for Performing Aircraft Impact Assessments for New Plant
Designs,'' Revision 8, dated April 2011. NEI 07-13 includes the
aircraft impact characteristics in two appendices. 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).
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
On October 24, 2008, the NRC revised Title 10 of the Code of
Federal Regulations (10 CFR) 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 KHNP to impose requirements for the protection of
SGI in addition to the requirements set forth in 10 CFR 73.21, which
include nomination of a reviewing official, restrictions on storage of
SGI, and access to SGI by certain individuals. This revised Order
clarifies the access requirements and approval process for individuals
to obtain access to SGI.
To implement this Order, KHNP 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, called 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 if 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, this reviewing official--and only this reviewing official--
can make SGI access determinations for other KHNP employees identified
as having a need for SGI, who have been fingerprinted, and who have had
a criminal history records and 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 KHNP wishes to have a new or additional reviewing
official, the NRC must approve this
[[Page 52768]]
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 KHNP continues to implement appropriate measures to
ensure a consistent level of protection to prohibit unauthorized
disclosure of SGI, as well as to comply with the fingerprinting,
criminal history records check, and background check requirements for
access to SGI, KHNP shall implement the requirements for the protection
of SGI as set forth in 10 CFR 73.21, 10 CFR 73.22, ``Protection of
Safeguards Information: Specific Requirements,'' and this Order.
By rule, certain categories of individuals are exempted 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 local law
enforcement personnel in the United States (U.S.); Agreement State
inspectors who conduct security inspections on behalf of the NRC;
members of the U.S. Congress; certain employees of members of Congress
or congressional committees who have undergone fingerprinting for a
previous 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 U.S. Federal security clearances
(provided in either case that they provide the appropriate
documentation), have already been subjected to fingerprinting and
criminal history checks and, thus, have satisfied the fingerprinting
requirement.
In addition, under 10 CFR 2.202, ``Orders,'' the NRC finds 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, under Sections 147, 149, 161b, 161i, 161o, 182, and
186 of the AEA, and the Commission's regulations in 10 CFR 2.202 and10
CFR Part 73, ``Physical Protection of Plants and Materials,'' it is
hereby ordered, effective immediately, that KHNP 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 shall 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) KHNP 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. KHNP 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) KNHP may not provide SGI to non-employees unless it has
obtained prior NRC approval. Such approvals will be determined on a
case-by-case basis.
(4) KHNP may provide SGI designated by this Order to individuals
(such as foreign/non-U.S. 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 are 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 KHNP has
implemented measures, in addition to those set forth in this Order, to
ensure that the individual is suitable to have 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 U.S. local,
U.S. State, or foreign governmental agency and 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 a person provides SGI to
any person, a copy of this Order shall be provided to the person
receiving the SGI.
C. KHNP shall comply with the following requirements:
(1) KHNP shall, within 20 days of the date of this Order, submit
the fingerprints of one individual whom (a) it 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 if this individual (or any
subsequent reviewing official) may have access to SGI and,
therefore, will be permitted to serve as KHNP's reviewing
official.\2\ KHNP may, at the same time or later, submit the
fingerprints of other individuals to whom it seeks to grant access
to SGI. Fingerprints shall be submitted and reviewed in accordance
with the procedures described in the attachment to this Order.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
(2) KHNP 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 KHNP's justification for seeking relief from, or variation
of, any specific requirement.
KHNP 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, KHNP shall mark its responses as
``Security-Related Information-Withhold Under 10 CFR 2.390.'' Except
for the requirements for fingerprinting and background check, the
Director, Office of New Reactors, may, in writing, relax or rescind any
of the above conditions upon demonstration of good cause by KHNP.
IV.
In accordance with 10 CFR 2.202, KHNP must, and any other person
adversely affected by this Order may, submit an answer to this Order
and may request a hearing on 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 an extension 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 KHNP 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:
[[Page 52769]]
Rulemakings and Adjudications Staff, Washington, DC 20555. Copies also
shall 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 KHNP, if the answer or hearing request is by an entity other
than KHNP. 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
facsimile transmission to 301-415-1101 or email to
[email protected], as well as to the Office of the General Counsel
either by facsimile transmission to 301-415-3725 or email to
[email protected]. If an entity other than KHNP 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 KHNP, or a person whose interest is adversely affected, requests
a hearing, the Commission will issue an order designating the time and
place of the hearing. If a hearing is held, the issue to be considered
at such hearing shall be whether this Order should be sustained.
Under 10 CFR 2.202(c)(2)(i), KHNP 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 for 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, 27th day of August 2014.
For The U.S. Nuclear Regulatory Commission.
Glenn M. Tracy,
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
U.S. Nuclear Regulatory Commission (NRC) under an NRC Order, it will
receive a criminal history summary of information, provided in U.S.
Federal records, since the individual's 18th 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 for all Orders, which
apply to the information and material to which access is being granted,
must be met.
---------------------------------------------------------------------------
\3\ As used herein, ``licensee'' means any licensee or person
who is required to conduct fingerprinting.
---------------------------------------------------------------------------
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 about the individual
as required by the NRC Order. The criminal history records check is
used when determining if 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 the individual did
not provide, or which is different in any material respect from the
information that the individual provided, this information should be
considered, and decisions made based on these findings must be
documented.
(ii) Any record containing a pattern of behaviors that indicates
that the behaviors could recur or continue, or recent behaviors that
cast doubt on whether an individual should have access to SGI, should
be carefully evaluated before 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 because of poor quality in the mechanics of taking the
initial impressions.
(2) The initial submission is lost.
If the FBI advises that four sets of fingerprints are
unclassifiable because they are unreadable, the NRC will automatically
forward a name search to the FBI. 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 U.S.
Nuclear Regulatory Commission (NRC) licenses or other person \4\
nominated 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; neither shall it be construed to
create a liberty or property interest of any kind in the access of any
individual to SGI.
---------------------------------------------------------------------------
\4\ As used herein, ``licensee'' means any licensee or person
who is required to conduct fingerprinting.
---------------------------------------------------------------------------
2. Applicability
This policy applies solely to those employees of licensees who are
nominated as reviewing officials and who are thus considered, by the
NRC, for initial or continued access to SGI in that position.
3. SGI Access Determination Criteria
The NRC will determine whether access to SGI will be granted to an
individual nominated to be a reviewing official. 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. Procedure To Challenge the Contents of Records Obtained From the FBI
a. Before a determination by the NRC Facilities Security Branch
Chief that an individual nominated as a reviewing official is denied or
revoked access to
[[Page 52770]]
SGI, the individual shall have the following recourse:
(i) Be given 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, including 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 submitting agency 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 10 days to initiate an action challenging the
results of an FBI criminal history records check (described in (i),
above) after the record is made available to the individual for his
or her review. If the individual initiates such a challenge, 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. Procedure To Provide Additional Information
a. Before 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 have the following
recourse:
(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 that
the individual submits, or, if no such information is submitted,
when the deadline to submit such information has passed.
6. Procedure To Notify an Individual of the NRC Facilities Security
Branch Chief Determination To Deny or Revoke Access to SGI
Upon a determination by the NRC Facilities Security Branch Chief
that an individual nominated as a reviewing official is denied or has
his or her access to SGI revoked, the individual shall be given a
written explanation of the basis for this determination.
7. Procedure To Appeal an NRC Determination To Deny or Revoke Access to
SGI
Upon a determination by the NRC Facilities Security Branch Chief
that an individual nominated as a reviewing official is denied or has
his or her access to SGI revoked, the individual shall be given an
opportunity to appeal this determination to the Director, Division of
Facilities and Security. The determination must be appealed within 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 60 days after receipt of the appeal.
8. Procedure To Notify an Individual of the Determination by the
Director, Division of Facilities and Security, Upon an Appeal
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 decision 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\
---------------------------------------------------------------------------
\5\ As used herein, ``licensee'' means any licensee or other
person who is required to conduct fingerprinting in accordance with
these requirements.
---------------------------------------------------------------------------
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 if 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, ``Physical Protection of Plants and
Materials,'' Section 4, ``Communications,'' submit one completed,
legible standard fingerprint card (Form FD-258, ORIMDNRCOOOZ) to the
NRC's Division of Facilities and Security, Mail Stop TWFN-03B40B, or,
where practicable, other fingerprint records for each individual
seeking access to SGI, to the Director of the Division of Facilities
and Security, marked to the attention of the Division's Criminal
History Check Section. Copies of these forms may be obtained by writing
to the Office of Information Services, U.S. Nuclear Regulatory
Commission, Region III, Attn: Deborah Hersey, Mailstop: Region III--
DRP, 2443 Warrenville Road, Suite 210, Lisle, IL 60532-4352, or by
calling 630-829-9565 or sending email to [email protected].
Practicable alternative formats are set forth in 10 CFR 73.4,
``Communications.'' The licensee shall establish procedures to ensure
that the quality of the fingerprints taken results in minimizing the
rejection rate of fingerprint cards because of 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 Federal
Bureau of Investigations (FBI) returns the initial submission because
the fingerprint impressions cannot be classified. 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 the NRC. (For
guidance on making electronic payments, contact the Facilities Security
Branch, Division of Facilities and Security, at 301-415-7513.) Combined
payment for multiple applications is acceptable. The application fee
(currently $26.00) is the sum of the user fee that the FBI charges for
each fingerprint card or other fingerprint record that the NRC submits
on behalf of a licensee and an NRC processing fee, which covers
administrative costs associated with the NRC's handling of licensee
fingerprint submissions. The Commission will
[[Page 52771]]
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
Before 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 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, update the alleged deficiency, or 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 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 data. 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 that agency supplies. The
licensee must give at least 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 to that individual for his or her
review. The licensee may make a final SGI access determination based on
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 give 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 under 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 or 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 (SGI). 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
claim.
(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 or 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 3 years after termination of employment or
determination of access to SGI (whether access was approved or denied).
After the required 3 years, these documents shall be destroyed by a
method that will prevent reconstruction of the information in whole or
in part.
[FR Doc. 2014-21076 Filed 9-3-14; 8:45 am]
BILLING CODE 7590-01-P