[Federal Register Volume 85, Number 146 (Wednesday, July 29, 2020)]
[Notices]
[Pages 45702-45708]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-16370]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 72-79; NRC-2020-0172]
In the Matter of Wolf Creek Nuclear Operating Corporation; Wolf
Creek Generating Station; Independent Spent Fuel Storage Installation
AGENCY: Nuclear Regulatory Commission.
ACTION: Order; modification.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) has issued a
general license to the Wolf Creek Nuclear
[[Page 45703]]
Operating Corporation (Wolf Creek), authorizing the operation of the
Wolf Creek Generating Station Independent Spent Fuel Storage
Installation (ISFSI), in accordance with its regulations. The Order is
being issued to Wolf Creek to impose additional security requirements
because Wolf Creek has identified near term plans to store spent fuel
in an ISFSI under the general license provisions of the NRC's
regulations. The Order was issued July 22, 2020 and became effective
immediately.
DATES: This Order became effective on July 22, 2020.
ADDRESSES: Please refer to Docket ID NRC-2020-0172 or NRC Docket No.
72-0079 when contacting the NRC about the availability of information
regarding this document. You may obtain publicly-available information
related to this document using any of the following methods:
Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2020-0172. Address
questions about NRC docket IDs in Regulations.gov to Jennifer Borges;
telephone: 301-287-9127; email: [email protected]. For technical
questions, 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 obtain publicly-available documents online in the
ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``Begin Web-based ADAMS
Search.'' For problems with ADAMS, please contact the NRC's Public
Document Room reference staff at 1-800-397-4209, 301-415-4737, or by
email to [email protected].
FOR FURTHER INFORMATION CONTACT: Tomeka Terry, Office of Nuclear
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission,
Rockville, MD 20852; telephone: 301-415-1488; email:
[email protected].
SUPPLEMENTARY INFORMATION: The text of the Order is attached.
Dated: July 23, 2020.
For the Nuclear Regulatory Commission.
John W. Lubinski,
Director, Office of Nuclear Material Safety and Safeguards.
Attachment--Order
In the Matter of Wolf Creek Nuclear Operating Corporation; Wolf Creek
Generating Station; Independent Spent Fuel Storage Installation; Order
Modifying License (Effective Immediately)
I
Pursuant to Sec. 2.106 of title 10 of the Code of Federal
Regulations (10 CFR), the NRC (or the Commission) is providing notice,
in the matter of Wolf Creek Nuclear Operating Corporation's Independent
Spent Fuel Storage Installation (ISFSI) Order Modifying License
(Effective Immediately). The text of the Order (not including
Attachment 1, which contain Safeguards Information) is as follows.
II
The NRC has issued a general license to Wolf Creek Nuclear
Operating Corporation, (Wolf Creek), authorizing the operation of an
ISFSI, in accordance with the Atomic Energy Act of 1954, as amended,
and 10 CFR part 72. This Order is being issued to Wolf Creek because
WOLF CREEK has identified near-term plans to store spent fuel in an
ISFSI under the general license provisions of 10 CFR part 72. The
Commission's regulations at 10 CFR 72.212(b)(5), 10 CFR 50.54(p)(1),
and 10 CFR 73.55(c)(5) require licensees to maintain safeguards
contingency plan procedures to respond to threats of radiological
sabotage and to protect the spent fuel against the threat of
radiological sabotage, in accordance with 10 CFR part 73, appendix C.
Specific physical security requirements are contained in 10 CFR 73.51
or 73.55, as applicable.
Inasmuch as an insider has an opportunity equal to, or greater
than, any other person, to commit radiological sabotage, the Commission
has determined these measures to be prudent. Comparable Orders have
been issued to all licensees that currently store spent fuel or have
identified near-term plans to store spent fuel in an ISFSI.
III
On September 11, 2001, terrorists simultaneously attacked targets
in New York, NY, and near Washington, DC, using large commercial
aircraft as weapons. In response to the attacks and intelligence
information subsequently obtained, the Commission issued a number of
Safeguards and Threat Advisories to its licensees to strengthen
licensees' capabilities and readiness to respond to a potential attack
on a nuclear facility. On October 16, 2002, the Commission issued
Orders to the licensees of operating ISFSIs, to place the actions taken
in response to the Advisories into the established regulatory framework
and to implement additional security enhancements that emerged from
NRC's ongoing comprehensive review. The Commission has also
communicated with other Federal, State, and local government agencies
and industry representatives to discuss and evaluate the current threat
environment in order to assess the adequacy of security measures at
licensed facilities. In addition, the Commission has conducted a
comprehensive review of its safeguards and security programs and
requirements.
As a result of its consideration of current safeguards and security
requirements, as well as a review of information provided by the
intelligence community, the Commission has determined that certain
additional security measures (ASMs) are required to address the current
threat environment, in a consistent manner throughout the nuclear ISFSI
community. Therefore, the Commission is imposing requirements, as set
forth in Attachments 1 and 2 of this Order, on all licensees of these
facilities. These requirements, which supplement existing regulatory
requirements, will provide the Commission with reasonable assurance
that the public health and safety, and the environment, continue to be
adequately protected, and that the common defense and security continue
to be adequately protected, in the current threat environment. These
requirements will remain in effect until the Commission determines
otherwise.
The Commission recognizes that licensees may have already initiated
many of the measures set forth in Attachments 1 and 2 to this Order, in
response to previously issued Advisories, or on their own. It also
recognizes that some measures may not be possible or necessary at some
sites, or may need to be tailored to accommodate the specific
circumstances existing at Wolf Creek's facility, to achieve the
intended objectives and avoid any unforeseen effect on the safe storage
of spent fuel.
Although the ASMs implemented by licensees in response to the
Safeguards and Threat Advisories have been sufficient to promote the
common defense and security and to provide
[[Page 45704]]
reasonable assurance of adequate protection of public health and
safety, in light of the continuing threat environment, the Commission
concludes that these actions should be embodied in an Order, consistent
with the established regulatory framework.
To provide assurance that Wolf Creek is implementing prudent
measures to achieve a consistent level of protection to address the
current threat environment, Wolf Creek's general license issued
pursuant to 10 CFR 72.210 shall be modified to include the requirements
identified in Attachments 1 and 2 to this Order. In addition, pursuant
to 10 CFR 2.202, I find that, in light of the common defense and
security circumstances described above, the public health, safety, and
interest require that this Order be effective immediately.
IV
Accordingly, pursuant to Sections 53, 103, 104, 147, 149, 161b,
161i, 161o, 182, and 186 of the Atomic Energy Act of 1954, as amended,
and the NRC's regulations in 10 CFR 2.202 and 10 CFR parts 50, 72, and
73, It is hereby ordered, effective immediately, that your general
license is modified as follows:
A. Wolf Creek shall comply with the requirements described in
Attachments 1 and 2 to this Order, except to the extent that a more
stringent requirement is set forth in the Wolf Creek Generating
Station's physical security plan. Wolf Creek shall demonstrate its
ability to comply with the requirements in Attachments 1 and 2 to the
Order no later than 365 days from the date of this Order or 90 days
before the first day that spent fuel is initially placed in the ISFSI,
whichever is earlier. Wolf Creek must implement these requirements
before initially placing spent fuel in the ISFSI. Additionally, Wolf
Creek must receive written verification from the NRC (Office of Nuclear
Material Safety and Safeguards) that it has adequately demonstrated
compliance with these requirements before initially placing spent fuel
in the ISFSI.
B. 1. Wolf Creek shall, within twenty (20) days of the date of this
Order, notify the Commission: (1) If it is unable to comply with any of
the requirements described in Attachments 1 and 2; (2) if compliance
with any of the requirements is unnecessary, in its specific
circumstances; or (3) if implementation of any of the requirements
would cause Wolf Creek to be in violation of the provisions of any
Commission regulation or the facility license. The notification shall
provide Wolf Creek's justification for seeking relief from, or
variation of, any specific requirement.
2. If Wolf Creek considers that implementation of any of the
requirements described in Attachments 1 and 2 to this Order would
adversely impact the safe storage of spent fuel, Wolf Creek must notify
the Commission, within twenty (20) days of this Order, of the adverse
safety impact, the basis for its determination that the requirement has
an adverse safety impact, and either a proposal for achieving the same
objectives specified in Attachments 1 and 2 requirements in question,
or a schedule for modifying the facility, to address the adverse safety
condition. If neither approach is appropriate, Wolf Creek must
supplement its response to Condition B.1 of this Order to identify the
condition as a requirement with which it cannot comply, with attendant
justifications, as required under Condition B.1.
C. 1. Wolf Creek shall, within twenty (20) days of this Order,
submit to the Commission a schedule for achieving compliance with each
requirement described in Attachments 1 and 2.
2. Wolf Creek shall report to the Commission when it has achieved
full compliance with the requirements described in Attachments 1 and 2.
D. All measures implemented or actions taken in response to this
Order shall be maintained until the Commission determines otherwise.
Wolf Creek's response to Conditions B.1, B.2, C.1, and C.2, above,
shall be submitted in accordance with 10 CFR 72.4. In addition,
submittals and documents produced by Wolf Creek as a result of this
Order, that contain Safeguards Information as defined by 10 CFR 73.22,
shall be properly marked and handled, in accordance with 10 CFR 73.21
and 73.22.
The Director, Office of Nuclear Material Safety and Safeguards,
may, in writing, relax or rescind any of the above conditions, for good
cause.
V
In accordance with 10 CFR 2.202, Wolf Creek must, and any other
person adversely affected by this Order may, submit an answer to this
Order within 20 days of its publication in the Federal Register. In
addition, Wolf Creek and any other person adversely affected by this
Order may request a hearing on this Order within 20 days of its
publication in the Federal Register. Where good cause is shown,
consideration will be given to extending the time to answer or request
a hearing. A request for extension of time must be made, in writing, to
the Director, Office of Nuclear Material Safety and Safeguards, U.S.
Nuclear Regulatory Commission, Washington, DC 20555-0001, and include a
statement of good cause for the extension.
The answer may consent to this Order. If the answer includes a
request for a hearing, it shall, under oath or affirmation,
specifically set forth the matters of fact and law on which Wolf Creek
relies and the reasons as to why the Order should not have been issued.
If a person other than Wolf Creek requests a hearing, that person shall
set forth with particularity the manner in which his/her interest is
adversely affected by this Order and shall address the criteria set
forth in 10 CFR 2.309(d) and (f).
All documents filed in NRC adjudicatory proceedings, including a
request for hearing and petition for leave to intervene (petition), 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 E-filing rule
(72 FR 49139, August 28, 2007, as amended at 77 FR 46562; August 3,
2012). The E-filing process requires participants to submit and serve
all adjudicatory documents electronically, or in some cases to mail
copies on electronic storage media. Detailed guidance on making
electronic submissions may be found in the Guidance for Electronic
Submissions to the NRC and on the NRC website at https://www.nrc.gov/site-help/e-submittals.html. 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
ten 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 (1) request 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
[[Page 45705]]
Secretary has not already established an electronic docket.
Information about applying for a digital ID certificate is
available on NRC's public website at https://www.nrc.gov/site-help/e-submittals/getting-started.html. Once a participant has obtained a
digital ID certificate and a docket has been created, the participant
can then submit adjudicatory documents. Submissions must be in Portable
Document Format (PDF). Additional guidance on PDF submission is
available on the NRC's public website at https://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 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 apply for
and receive a digital ID certificate before adjudicatory documents are
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 Electronic
Filing Help Desk through the ``Contact Us'' link located on the NRC
website 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 Electronic Filing Help Desk is available between 9 a.m. and 6 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 of the
Commission, 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
https://adams.nrc.gov/ehd, unless excluded pursuant to an order of the
Commission, or the presiding officer. If you do not have an NRC-issued
digital ID certificate as described above, click ``cancel'' when the
link requests certificates and you will be automatically directed to
the NRC's electronic hearing dockets where you will be able to access
any publicly available documents in a particular hearing docket.
Participants are requested not to include personal privacy information,
such as social security numbers, home addresses, or personal phone
numbers in their filings, unless an NRC regulation or other law
requires submission of such information. For example, in some
instances, individuals provide home addresses in order to demonstrate
proximity to a facility or site. 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 Wolf Creek 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), Wolf Creek may, in addition to
requesting a hearing, at the time the answer is filed or sooner, move
the presiding officer to set aside the immediate effectiveness of the
Order on the grounds that the Order, including the need for immediate
effectiveness, is not based on adequate evidence, but on mere
suspicion, unfounded allegations, or error.
In the absence of any request for hearing, or written approval of
an extension of time in which to request a hearing, the provisions as
specified in Section III shall be final twenty (20) days from the date
this Order is published in the Federal Register, without further Order
or proceedings. If an extension of time for requesting a hearing has
been approved, the provisions of this Order, as 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. THIS ORDER.
Dated: July 22, 2020.
For the Nuclear Regulatory Commission.
John W. Lubinski, Director,
Office of Nuclear Material Safety and Safeguards.
Attachment 1--Additional Security Measures (ASMs) for Physical
Protection of Dry Independent Spent Fuel Storage Installations (ISFSIs)
contains Safeguards Information and is not included in this Federal
Register Notice.
Attachment 2--Additional Security Measures for Access Authorization
and Fingerprinting at Independent Spent Fuel Storage Installations,
dated July 2, 2020.
A. General Basis Criteria
1. These additional security measures (ASMs) are established to
delineate an independent spent fuel storage installation (ISFSI)
licensee's responsibility to enhance security measures related to
authorization for unescorted access to the protected area of an ISFSI
in response to the current threat environment.
2. Licensees whose ISFSI is collocated with a power reactor may
choose to comply with the U.S. Nuclear Regulatory Commission (NRC)-
approved reactor access authorization program for the associated
reactor as an alternative means to satisfy the provisions of sections B
through G below. Otherwise, licensees shall comply with the access
authorization and fingerprinting requirements of section B through G of
these ASMs.
3. Licensees shall clearly distinguish in their 20-day response
which method they intend to use in order to comply with these ASMs.
[[Page 45706]]
B. Additional Security Measures for Access Authorization Program
1. The licensee shall develop, implement and maintain a program, or
enhance its existing program, designed to ensure that persons granted
unescorted access to the protected area of an ISFSI are trustworthy and
reliable and do not constitute an unreasonable risk to the public
health and safety for the common defense and security, including a
potential to commit radiological sabotage.
a. To establish trustworthiness and reliability, the licensee shall
develop, implement, and maintain procedures for conducting and
completing background investigations, prior to granting access. The
scope of background investigations must address at least the past three
years and, as a minimum, must include:
i. Fingerprinting and a Federal Bureau of Investigation (FBI)
identification and criminal history records check (CHRC). Where an
applicant for unescorted access has been previously fingerprinted with
a favorably completed CHRC, (such as a CHRC pursuant to compliance with
orders for access to safeguards information) the licensee may accept
the results of that CHRC, and need not submit another set of
fingerprints, provided the CHRC was completed not more than three years
from the date of the application for unescorted access.
ii. Verification of employment with each previous employer for the
most recent year from the date of application.
iii. Verification of employment with an employer of the longest
duration during any calendar month for the remaining next most recent
two years.
iv. A full credit history review.
v. An interview with not less than two character references,
developed by the investigator.
vi. A review of official identification (e.g., driver's license;
passport; government identification; state-, province-, or country-of-
birth issued certificate of birth) to allow comparison of personal
information data provided by the applicant. The licensee shall maintain
a photocopy of the identifying document(s) on file, in accordance with
``Protection of Information,'' in Section G of these ASMs.
vii. Licensees shall confirm eligibility for employment through the
regulations of the U.S. Department of Homeland Security, U.S.
Citizenship and Immigration Services, and shall verify and ensure, to
the extent possible, the accuracy of the provided social security
number and alien registration number, as applicable.
b. The procedures developed or enhanced shall include measures for
confirming the term, duration, and character of military service for
the past three years, and/or academic enrollment and attendance in lieu
of employment, for the past five years.
c. Licensees need not conduct an independent investigation for
individuals employed at a facility who possess active ``Q'' or ``L''
clearances or possess another active U.S. Government-granted security
clearance (i.e., Top Secret, Secret, or Confidential).
d. A review of the applicant's criminal history, obtained from
local criminal justice resources, may be included in addition to the
FBI CHRC, and is encouraged if the results of the FBI CHRC, employment
check, or credit check disclose derogatory information. The scope of
the applicant's local criminal history check shall cover all residences
of record for the past three years from the date of the application for
unescorted access.
2. The licensee shall use any information obtained as part of a
CHRC solely for the purpose of determining an individual's suitability
for unescorted access to the protected area of an ISFSI.
3. The licensee shall document the basis for its determination for
granting or denying access to the protected area of an ISFSI.
4. The licensee shall develop, implement, and maintain procedures
for updating background investigations for persons who are applying for
reinstatement of unescorted access. Licensees need not conduct an
independent reinvestigation for individuals who possess active ``Q'' or
``L'' clearances or possess another active U.S. Government granted
security clearance, i.e., Top Secret, Secret or Confidential.
5. The licensee shall develop, implement, and maintain procedures
for reinvestigations of persons granted unescorted access, at intervals
not to exceed five years. Licensees need not conduct an independent
reinvestigation for individuals employed at a facility who possess
active ``Q'' or ``L'' clearances or possess another active U.S.
Government granted security clearance, i.e., Top Secret, Secret or
Confidential.
6. The licensee shall develop, implement, and maintain procedures
designed to ensure that persons who have been denied unescorted access
authorization to the facility are not allowed access to the facility,
even under escort.
7. The licensee shall develop, implement, and maintain an audit
program for licensee and contractor/vendor access authorization
programs that evaluate all program elements and include a person
knowledgeable and practiced in access authorization program performance
objectives to assist in the overall assessment of the site's program
effectiveness.
C. Fingerprinting Program Requirements
1. In a letter to the NRC, the licensee must nominate an individual
who will review the results of the FBI CHRCs to make trustworthiness
and reliability determinations for unescorted access to an ISFSI. This
individual, referred to as the ``reviewing official,'' must be someone
who requires unescorted access to the ISFSI. The NRC will review the
CHRC of any individual nominated to perform the reviewing official
function. Based on the results of the CHRC, the NRC staff will
determine whether this individual may have access. If the NRC
determines that the nominee may not be granted such access, that
individual will be prohibited from obtaining access.\1\ Once the NRC
approves a reviewing official, the reviewing official is the only
individual permitted to make access determinations for other
individuals who have been identified by the licensee as having the need
for unescorted access to the ISFSI, and have been fingerprinted and
have had a CHRC in accordance with these ASMs. The reviewing official
can only make access determinations for other individuals, and
therefore cannot approve other individuals to act as reviewing
officials. Only the NRC can approve a reviewing official. Therefore, if
the licensee wishes to have a new or additional reviewing official, the
NRC must approve that individual before he or she can act in the
capacity of a reviewing official.
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\1\ The NRC's determination of this individual's unescorted
access to the ISFSI, in accordance with the process, is an
administrative determination that is outside the scope of the Order.
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2. No person may have access to Safeguards Information (SGI) or
unescorted access to any facility subject to NRC regulation, if the NRC
has determined, in accordance with its administrative review process
based on fingerprinting and an FBI identification and CHRC, that the
person may not have access to SGI or unescorted access to any facility
subject to NRC regulation.
3. All fingerprints obtained by the licensee under this Order, must
be submitted to the Commission for transmission to the FBI.
4. The licensee shall notify each affected individual that the
fingerprints will be used to conduct a review of his/her criminal
history record and inform
[[Page 45707]]
the individual of the procedures for revising the record or including
an explanation in the record, as specified in the ``Right To Correct
and Complete Information,'' in section F of these ASMs.
5. Fingerprints need not be taken if the employed individual (e.g.,
a licensee employee, contractor, manufacturer, or supplier) is relieved
from the fingerprinting requirement by 10 CFR 73.61, has a favorably
adjudicated U.S. Government CHRC within the last five (5) years, or has
an active Federal security clearance. Written confirmation from the
Agency/employer who granted the Federal security clearance or reviewed
the CHRC must be provided to the licensee. The licensee must retain
this documentation for a period of three years from the date the
individual no longer requires access to the facility.
D. Prohibitions
1. A licensee shall not base a final determination to deny an
individual unescorted access to the protected area of an ISFSI solely
on the basis of information received from the FBI involving: an arrest
more than one (1) year old for which there is no information of the
disposition of the case, or an arrest that resulted in dismissal of the
charge, or an acquittal.
2. A licensee shall not use information received from a CHRC
obtained pursuant to this Order in a manner that would infringe upon
the rights of any individual under the First Amendment to the
Constitution of the United States, nor shall the licensee use the
information in any way that would discriminate among individuals on the
basis of race, religion, national origin, sex, or age.
E. Procedures for Processing Fingerprint Checks
1. For the purpose of complying with this Order, licensees shall,
using an appropriate method listed in 10 CFR 73.4, submit to the NRC's
Division of Physical and Cyber Security Policy, Mail Stop T-08B20M, one
completed, legible standard fingerprint card (Form FD-258,
ORIMDNRCOOOZ) or, where practicable, other fingerprint records for each
individual seeking unescorted access to an ISFSI, to the Director of
the Division of Physical and Cyber Security Policy, marked for the
attention of the 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, or by email
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 because of illegible or incomplete
cards.
2. The NRC will review submitted fingerprint cards for
completeness. Any Form FD-258 fingerprint record containing omissions
or evident errors will be returned to the licensee for corrections. The
fee for processing fingerprint checks includes one re-submission if the
initial submission is returned by the FBI because the fingerprint
impressions cannot be classified. The one free 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.
3. Fees for processing fingerprint checks are due upon application.
The licensee shall submit payment of the processing fees
electronically. To be able to submit secure electronic payments,
licensees will need to establish an account with Pay.Gov (https://www.pay.gov). To request an account, the licensee shall send an email
to [email protected]. The email must include the licensee's company name,
address, point of contact (POC), POC email address, and phone number.
The NRC will forward the request to Pay.Gov; who will contact the
licensee with a password and user lD. Once the licensee has established
an account and submitted payment to Pay.Gov, they shall obtain a
receipt. The licensee shall submit the receipt from Pay.Gov to the NRC
along with fingerprint cards. For additional guidance on making
electronic payments, contact the Reactor Security Branch, Division of
Physical and Cyber Security Policy, at (301) 415-7513. Combined payment
for multiple applications is acceptable. The application fee (currently
$10) is the sum of the user fee charged by the FBI for each fingerprint
card or other fingerprint record submitted by the NRC on behalf of a
licensee, and an NRC processing fee, which covers administrative costs
associated with NRC handling of licensee fingerprint submissions. The
Commission will directly notify licensees who are subject to this
regulation of any fee changes.
4. The Commission will forward to the submitting licensee all data
received from the FBI as a result of the licensee's application(s) for
CHRCs, including the FBI fingerprint record.
F. Right To Correct and Complete Information
1. Prior to any final adverse determination, the licensee shall
make available to the individual the contents of any criminal history
records obtained from the FBI for the purpose of assuring correct and
complete information. Written confirmation by the individual of receipt
of this notification must be maintained by the licensee for a period of
one (1) year from the date of notification.
2. If, after reviewing the record, an individual believes that it
is incorrect or incomplete in any respect and wishes to change,
correct, or update the alleged deficiency, or to explain any matter in
the record, the individual may initiate challenge procedures. These
procedures include either direct application by the individual
challenging the record to the 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 10 days for an individual to
initiate an action challenging the results of a FBI CHRC after the
record is made available for his/her review. The licensee may make a
final 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 an ISFSI, the
licensee shall provide the individual its documented basis for denial.
Access to an ISFSI shall not be granted to an individual during the
review process.
G. Protection of Information
1. The licensee shall develop, implement, and maintain a system for
personnel information management with appropriate procedures for the
protection of personal, confidential information. This system shall be
designed to prohibit unauthorized access to sensitive information and
to
[[Page 45708]]
prohibit modification of the information without authorization.
2. Each licensee who obtains a criminal history record on an
individual pursuant to this Order shall establish and maintain a system
of files and procedures, for protecting the record and the personal
information from unauthorized disclosure.
3. The licensee may not disclose the record or personal information
collected and maintained to persons other than the subject individual,
his/her representative, or to those who have a need to access the
information in performing assigned duties in the process of determining
suitability for unescorted access to the protected area of an ISFSI. No
individual authorized to have access to the information may re-
disseminate the information to any other individual who does not have
the appropriate need to know.
4. The personal information obtained on an individual from a CHRC
may be transferred to another licensee if the gaining licensee receives
the individual's written request to re-disseminate the information
contained in his/her file, and the gaining licensee verifies
information such as the individual's name, date of birth, social
security number, sex, and other applicable physical characteristics for
identification purposes.
5. The licensee shall make criminal history records, obtained under
this section, available for examination by an authorized representative
of the NRC to determine compliance with the regulations and laws.
[FR Doc. 2020-16370 Filed 7-28-20; 8:45 am]
BILLING CODE 7590-01-P