In the Matter of Department of Energy-Idaho Operations Office Fort Saint Vrain Power Station Independent Spent Fuel Storage Installation; Modifying License (Effective Immediately), 31617-31621 [E7-11006]
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Federal Register / Vol. 72, No. 109 / Thursday, June 7, 2007 / Notices
DEPARTMENT OF LABOR
Employment and Training
Administration
[TA–W–61,232]
Wheatland Tube Co., Wheatland, PA;
Dismissal of Application for
Reconsideration
Pursuant to 29 CFR 90.18(C) an
application for administrative
reconsideration was filed with the
Director of the Division of Trade
Adjustment Assistance for workers at
Wheatland Tube Co., Wheatland,
Pennsylvania. The application did not
contain new information supporting a
conclusion that the determination was
erroneous, and also did not provide a
justification for reconsideration of the
determination that was based on either
mistaken facts or a misinterpretation of
facts or of the law. Therefore, dismissal
of the application was issued.
TA–W–61,232; Wheatland Tube Co.,
Wheatland, Pennsylvania (May 22,
2007).
Signed at Washington, DC this 24th day of
May 2007.
Ralph DiBattista,
Director, Division of Trade Adjustment
Assistance.
[FR Doc. E7–11030 Filed 6–6–07; 8:45 am]
BILLING CODE 4510–FN–P
megawatts thermal. The Carolina Power
& Light Company renewal application
seeks to extend the current operating
license for the facility, which expires on
October 24, 2026, for an additional
twenty years. This proceeding concerns
the May 18, 2007 petition for leave to
intervene and request for hearing filed
by John D. Runkle, Esquire, on behalf of
the North Carolina Waste Awareness
and Reduction Network, Inc., and the
Nuclear Information and Resource
Service, Inc.
The Board is comprised of the
following administrative judges:
Ann Marshall Young, Chair, Atomic
Safety and Licensing Board Panel,
U.S. Nuclear Regulatory Commission,
Washington, DC 20555–0001.
Dr. Peter S. Lam, Atomic Safety and
Licensing Board Panel, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001.
Dr. Alice C. Mignerey, Atomic Safety
and Licensing Board Panel, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001.
All correspondence, documents, and
other materials shall be filed with the
administrative judges in accordance
with 10 CFR 2.302.
Issued at Rockville, Maryland, this 31st
day of May 2007.
E. Roy Hawkens,
Chief Administrative Judge, Atomic Safety
and Licensing Board Panel.
[FR Doc. E7–11004 Filed 6–6–07; 8:45 am]
NUCLEAR REGULATORY
COMMISSION
BILLING CODE 7590–01–P
[Docket No. 50–400–LR; ASLBP No. 07–
855–02–LR–BD01]
NUCLEAR REGULATORY
COMMISSION
Carolina Power & Light Company;
Establishment of Atomic Safety and
Licensing Board
[Docket Nos. 50–387–OLA and 50–388–
OLA; ASLBP No. 07–854–01–OLA–BD01]
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Carolina Power & Light Company (Shearon
Harris Nuclear Power Plant, Unit 1)
A Licensing Board is being
established pursuant to a March 20,
2007 Notice of Opportunity for Hearing
(72 FR 13,139) regarding the November
16, 2006 application for renewal of
Operating License No. NPF–63, which
authorizes the Carolina Power & Light
Company to operate the Shearon Harris
Nuclear Power Plant, Unit 1 at 2900
20:59 Jun 06, 2007
and Opportunity for a Hearing (72 FR
11,383, 11,392). The Petition to
Intervene/Request for Hearing
challenges the request of PPL
Susquehanna LLC to amend the
operating license for the Susquehanna
Steam Electric Station, Units 1 and 2, to
increase thermal power to 3,952
megawatts thermal, which is 20% above
the original rated thermal power of
3,293 megawatts thermal, and
approximately 13% above the current
rated thermal power of 3,489 megawatts
thermal.
The Board is comprised of the
following administrative judges:
G. Paul Bollwerk, III, Chair, Atomic
Safety and Licensing Board Panel,
U.S. Nuclear Regulatory Commission,
Washington, DC 20555–0001.
Dr. Richard F. Cole, Atomic Safety and
Licensing Board Panel, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001.
Dr. Lester S. Rubenstein, Atomic Safety
and Licensing Board Panel, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001.
All correspondence, documents, and
other materials shall be filed with the
administrative judges in accordance
with 10 CFR 2.302.
Issued at Rockville, Maryland, this 31st
day of May 2007.
E. Roy Hawkens,
Chief Administrative Judge, Atomic Safety
and Licensing Board Panel.
[FR Doc. E7–11008 Filed 6–6–07; 8:45 am]
BILLING CODE 7590–01–P
Pursuant to delegation by the
Commission dated December 29,1972,
published in the Federal Register, 37 FR
28,710 (1972), and the Commission’s
regulations, see 10 CFR 2.104, 2.300,
2.303, 2.309, 2.311, 2.318, and 2.321,
notice is hereby given that an Atomic
Safety and Licensing Board is being
established to preside over the following
proceeding:
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PPL Susquehanna LLC; Establishment
of Atomic Safety and Licensing Board
Pursuant to delegation by the
Commission dated December 29,1972,
published in the Federal Register, 37 FR
28,710 (1972), and the Commission’s
regulations, see 10 CFR 2.104, 2.300,
2.303, 2.309, 2.311, 2.318, and 2.321,
notice is hereby given that an Atomic
Safety and Licensing Board is being
established to preside over the following
proceeding: PPL Susquehanna LLC
(Susquehanna Steam Electric Station,
Units 1 and 2).
This proceeding concerns a May 11,
2007 Petition to Intervene/Request for
Hearing submitted by Eric Joseph
Epstein in response to a March 13, 2007
Notice of Consideration of Issuance of
Amendments to Facility Operating
Licenses, Proposed No Significant
Hazards Consideration Determination,
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NUCLEAR REGULATORY
COMMISSION
[Docket No. 72–9; EA–07–124]
In the Matter of Department of
Energy—Idaho Operations Office Fort
Saint Vrain Power Station Independent
Spent Fuel Storage Installation;
Modifying License (Effective
Immediately)
U.S. Nuclear Regulatory
Commission.
ACTION: Issuance of order imposing
fingerprinting and criminal history
check requirements for unescorted
access to certain spent fuel storage
facilities.
AGENCY:
L.
Raynard Wharton, Senior Project
Manager, Licensing and Inspection
Directorate, Division of Spent Fuel
Storage and Transportation, Office of
Nuclear Material Safety and Safeguards
(NMSS), U.S. Nuclear Regulatory
Commission (NRC), Rockville, MD
FOR FURTHER INFORMATION, CONTACT:
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20852. Telephone: (301) 492–3316; fax
number: (301) 492–3348; e-mail:
lrw@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
Pursuant to 10 CFR 2.202, NRC (or the
Commission) is providing notice, in the
matter of Fort Saint Vrain Power Station
Independent Spent Fuel Storage
Installation (ISFSI) Order Modifying
License (Effective Immediately).
II. Further Information
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I
The NRC has issued a specific license,
to the Department of Energy, Idaho
Operations Office (DOE–ID), authorizing
storage of spent fuel in an ISFSI in
accordance with the Atomic Energy Act
(AEA) of 1954 as amended, and Title 10
of the Code of Federal Regulations (10
CFR) Part 72. On August 8, 2005, the
Energy Policy Act of 2005 (EPAct) was
enacted. Section 652 of the EPAct
amended Section 149, of the AEA, to
require fingerprinting and a Federal
Bureau of Investigation (FBI)
identification and criminal history
records check of any individual who is
permitted unescorted access to
radioactive material or other property
subject to regulation by the
Commission, which the Commission
determines to be of such significance to
the public health and safety or the
common defense and security, as to
warrant fingerprinting and background
checks. The Commission has
determined that spent fuel storage
facilities meet the requisite threshold
warranting these additional measures.
Though a rulemaking to implement the
fingerprinting provisions of the EPAct is
currently underway, the NRC has
decided to implement this particular
requirement by Order, in part, prior to
the completion of the rulemaking
because a deliberate malevolent act by
an individual with unescorted access to
spent fuel storage facilities has a
potential to result in significant adverse
impacts to the public health and safety
or the common defense and security.
Those exempted from fingerprinting
requirements under 10 CFR 73.61 [72
FR 4945 (February 2, 2007)] are also
exempt from the fingerprinting
requirements under this Order. In
addition, individuals who have had a
favorable decided U.S. Government
criminal history records check within
the last five (5) years, or individuals
who have active federal security
clearance (provided in either case that
they make available the appropriate
documentation), have satisfied the
EPAct fingerprinting requirement and
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need not be fingerprinted again. Also,
individuals who have been
fingerprinted and granted access to
Safeguards Information (SGI) by the
reviewing official under the previous
fingerprinting order, (Order Imposing
Fingerprinting and Criminal History
Check Requirements for Access to
Safeguards Information( (EA–06–298)
do not need to be fingerprinted again.
Subsequent to the terrorist events of
September 11, 2001, the NRC issued
security Orders requiring certain entities
to implement Interim Compensatory
Measures (ICMs) and Additional
Security Measures (ASMs) for certain
radioactive material. The requirements
imposed by these Orders and the
measures licensees have developed to
comply with these Orders, were
designated by the NRC as SGI and were
not released to the public. These Orders
included a local criminal history
records check to determine
trustworthiness and reliability of
individuals seeking unescorted access to
spent fuel storage facilities. ‘‘Access’’
means that an individual could exercise
some physical control over the material
or device. In accordance with Section
149 of the AEA, as amended by the
EPAct, the Commission is imposing FBI
criminal history records check
requirements, as set forth in the Order
for all individuals allowed unescorted
access to protected areas, secure areas,
and critical target areas, for certain
spent fuel facility licensees. These
requirements will remain in effect until
the Commission determines otherwise.
In addition, pursuant to 10 CFR 2.202,
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.
II
Accordingly, pursuant to Sections 51,
53, 63, 81, 147, 149, 161b, 161i, 161o,
182, and 186 of the AEA of 1954, as
amended, and the Commission’s
regulations in 10 CFR 2.202, Parts 72
and 73, It is hereby ordered, effective
immediately, that your specific license
is modified as follows:
A. DOE–ID shall, within twenty (20)
days of the date of this Order, establish
and maintain a fingerprinting program
that meets the requirements of the
Attachment to this Order, for unescorted
access to spent fuel storage facilities.
B. DOE–ID shall, in writing, within
twenty (20) days from the date of this
Order, notify the Commission: (1) Of
receipt and confirmation that
compliance with the Order will be
achieved, (2) if unable to comply with
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any of the requirements described in the
Attachment, or (3) if compliance with
any of the requirements are unnecessary
in its specific circumstances. The
notification shall provide DOE–ID’s
justification for seeking relief from, or
variation of, any specific requirement.
C. In accordance with the NRC’s
‘‘Order Imposing Fingerprinting and
Criminal History Records Check
Requirements for Access to Safeguards
Information,’’ only an NRC-approved
reviewing official shall review the
results of a FBI criminal history records
check. The reviewing official shall
determine whether an individual may
have, or continue to have, unescorted
access to spent fuel storage facilities.
Fingerprinting and the FBI
identification and criminal history
records check are not required for
individuals who are exempted from
fingerprinting requirements under 10
CFR 73.61 [72 FR 4945 (February 2,
2007)]. In addition, individuals who
have had a favorably decided U.S.
Government criminal history records
check within the last five (5) years, or
have an active Federal security
clearance (provided in each case that
the appropriate documentation is made
available to DOE–ID’s reviewing
official), have satisfied the EPAct
fingerprinting requirement and need not
be fingerprinted again.
D. Fingerprints shall be submitted and
reviewed in accordance with the
procedures described in the Attachment
to this Order. Individuals who have
been fingerprinted and granted access to
SGI by the reviewing official, under the
NRC’s Order No. EA–06–298 do not
need to be fingerprinted again for
purposes of authorizing unescorted
access. No person may have access to
SGI or unescorted access to any
radioactive material or property subject
to regulation by the NRC if the NRC has
determined, in accordance with its
administrative review process based on
fingerprinting and an FBI identification
and criminal history records check,
either that the person may not have
access to SGI or that the person may not
have unescorted access to radioactive
material or property subject to
regulation by the NRC.
E. DOE–ID may allow any individual
who currently has unescorted access to
spent fuel storage facilities, in
accordance with the ICM and ASM
Security Orders, to continue to have
unescorted access, pending a decision
by the reviewing official (based on
fingerprinting, an FBI criminal history
records check, and a trustworthiness
and reliability determination) that the
individual may continue to have
unescorted access to spent fuel storage
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facilities. DOE–ID shall complete
implementation of the requirements of
the Attachment to this Order within
ninety (90) days from the date of
issuance of this Order.
DOE–ID responses to Condition B.
shall be submitted to the Director, Office
of Nuclear Material Safety and
Safeguards, U.S. Nuclear Regulatory
Commission, Washington, DC 20555. In
addition, licensee responses are
security-related information or official
use only and shall be properly marked.
The Director, Office of Nuclear
Material Safety and Safeguards, may, in
writing, relax or rescind any of the
above conditions upon demonstration of
good cause by DOE-ID.
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III
In accordance with 10 CFR 2.202,
DOE–ID must, and any other person
adversely affected by this Order, may,
submit an answer to this Order, and
may request a hearing regarding this
Order, within twenty (20) days from the
date of this Order. Where good cause is
shown, consideration will be given to
extending the time, to either submit an
answer, or request a hearing. A request
for extension of time in which to submit
an answer or request a hearing must be
made in writing to the Director, Office
of Nuclear Material Safety and
Safeguards, 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 for which DOE–
ID, or any other person adversely
affected relies and the reasons as to why
the Order should not have been issued.
Any answer or request for a hearing
shall be submitted to the Secretary,
Office of the Secretary, U.S. Nuclear
Regulatory Commission, ATTN:
Rulemakings and Adjudications Staff,
Washington, DC 20555. Copies shall
also be sent to the Director, Office of
Nuclear Material Safety and Safeguards,
U.S. Nuclear Regulatory Commission,
Washington, DC 20555; to the Assistant
General Counsel for Materials Litigation
and Enforcement at the same address;
and to DOE–ID, if the answer or hearing
request is by an individual other than
DOE–ID. Because of possible delays in
delivery of mail to United States
Government offices, it is requested that
answers and requests for hearing be
transmitted to the Secretary of the
Commission, either by means of
facsimile transmission to (301) 415–
1101, or via e-mail to
hearingdocket@nrc.gov, and also to the
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Office of the General Counsel, either by
means of facsimile transmission to (301)
415–3725, or via e-mail to
OGCMailCenter@nrc.gov. If a person
other than DOE–ID 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.
If a hearing is requested by DOE–ID or
an individual whose interest is
adversely affected, the Commission will
issue an Order designating the time and
place of a 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),
DOE–ID may, in addition to demanding
a hearing, at the time the answer is filed,
or sooner, move that the presiding
officer 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
twenty (20) days from the date of this
Order without further Order or
proceedings.
If an extension of time for requesting
a hearing has been approved, the
provisions as specified 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 a hearing shall not stay the
immediate effectiveness of this order.
Dated: May 29, 2007.
For the Nuclear Regulatory Commission.
Michael F. Weber,
Director, Office of Nuclear Material Safety
and Safeguards.
Attachment—Requirements for
Fingerprinting and Criminal History
Records Checks of Individuals When
Licensee’s Reviewing Official Is
Determining Unescorted Access To
Spent Fuel Storage Facilities
General Requirements
Licensees shall comply with the
following requirements of this
Attachment.
1. Each licensee subject to the
provisions of this Attachment shall
fingerprint each individual who is
seeking or permitted unescorted access
to the spent fuel storage facility. The
licensee shall review and use the
information received from the Federal
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31619
Bureau of Investigation (FBI) and ensure
that the provisions contained in the
subject Order and this Attachment are
satisfied.
2. The licensee shall notify each
affected individual that the fingerprints
will be used to secure a review of his/
her criminal history record and inform
the individual of the procedures for
revising the record or including an
explanation in the record, as specified
in the ‘‘Right to Correct and Complete
Information’’ section of this Attachment.
3. Fingerprints for unescorted access
need not be taken if an employed
individual (e.g., a licensee employee,
contractor, manufacturer, or supplier) is
relieved from the fingerprinting
requirement by 10 CFR 73.61 for
unescorted access, has had a favorably
decided U.S. Government criminal
history records check within the last
five (5) years, or has an active Federal
security clearance. Written confirmation
from the Agency/employer that granted
the Federal security clearance or
reviewed the criminal history records
check must be provided. The licensee
must retain this documentation for a
period of three (3) years from the date
the individual no longer requires
unescorted access to the spent fuel
storage facility associated with the
licensee’s activities.
4. All fingerprints obtained by the
licensee, pursuant to this Order, must be
submitted to the Commission for
transmission to the FBI.
5. The licensee shall review the
information received from the FBI and
consider it, in conjunction with the
trustworthiness and reliability
requirements established by the
previous ICM and ASM Security Orders,
in making a determination whether to
grant, or continue to allow, unescorted
access to the spent fuel storage facility.
6. The licensee shall use any
information obtained as part of a
criminal history records check solely for
the purpose of determining an
individual’s suitability for unescorted
access to the spent fuel storage facility.
7. The licensee shall document the
basis for its determination whether to
grant, or continue to allow, unescorted
access to the spent fuel storage facility.
Prohibitions
A licensee shall not base a final
determination to deny an individual
access to the spent fuel storage facility
solely on information received from the
FBI, involving an arrest more than one
(1) year old, for which there is no
information as to disposition of the case,
or an arrest that resulted in dismissal of
the charge or an acquittal.
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A licensee shall not use information
received from a criminal history records
check 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.
Procedures for Processing Fingerprint
Checks
For the purpose of complying with
this Order, licensees shall, using an
appropriate method listed in 10 CFR
73.4, submit to the Nuclear Regulatory
Commission’s (NRC’s) Division of
Facilities and Security, Mail Stop T–
6E46, one completed, legible standard
fingerprint card (Form FD–258,
ORIMDNRCOOOZ) or, where
practicable, other fingerprint records for
each individual seeking unescorted
access to the spent fuel storage facility,
to the Director of the Division of
Facilities and Security, marked for the
attention of the Division’s Criminal
History Check Section. Copies of these
forms may be obtained by writing the
Office of Information Services, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001, by calling
(301) 415–5877, or via e-mail to
forms@nrc.gov. Practicable alternative
formats are set forth in 10 CFR 73.4. The
licensee shall establish procedures to
ensure that the quality of the
fingerprints taken results in minimizing
the rejection rate of fingerprint cards
due to illegible or incomplete cards.
The NRC will review submitted
fingerprint cards for completeness. Any
Form FD–258 fingerprint record
containing omissions or evident errors
will be returned to the licensee for
corrections. The fee for processing
fingerprint checks includes one
resubmission if the initial submission is
returned by the FBI because the
fingerprint impressions cannot be
classified. The one free resubmission
must have the FBI Transaction Control
Number reflected on the resubmission.
If additional submissions are necessary,
they will be treated as initial submittals
and will require a second payment of
the processing fee.
Fees for processing fingerprint checks
are due upon application. Licensees
shall submit payment with the
application for processing fingerprints
by corporate check, certified check,
cashier’s check, money order, or
electronic payment, made payable to
‘‘U.S. NRC.’’ [For guidance on making
electronic payments, contact the
Facilities Security Branch, Division of
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Facilities and Security, at (301) 415–
7404]. Combined payment for multiple
applications is acceptable. The
application fee (currently $27) is the
sum of the user fee charged by the FBI
for each fingerprint card or other
fingerprint record submitted by the NRC
on behalf of a licensee, and an NRC
processing fee, which covers
administrative costs associated with
NRC handling of licensee fingerprint
submissions. The Commission will
directly notify licensees, who are
subject to this regulation of any fee
changes.
The Commission will forward, to the
submitting licensee, all data received
from the FBI as a result of the licensee’s
application(s) for criminal history
records checks, including the FBI
fingerprint record.
Right To Correct and Complete
Information
Prior to any final adverse
determination, the licensee shall make
available, to the individual, the contents
of any criminal records, obtained from
the FBI, for the purpose of assuring
correct and complete information.
Written confirmation by the individual
of receipt of this notification must be
maintained by the licensee for a period
of one (1) year from the date of the
notification.
If, after reviewing the record, an
individual believes that the record 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 allow at least ten (10) days for an
individual to initiate an action
challenging the results of an FBI
criminal history records check after the
record is made available for his/her
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review. The licensee may make a final
determination for unescorted access to
the spent fuel storage facility based on
the criminal history records check, only
upon receipt of the FBI’s ultimate
confirmation or correction of the record.
Upon a final adverse determination for
unescorted access to the spent fuel
storage facility, the licensee shall
provide the individual its documented
basis for denial. During this review
process for assuring correct and
complete information, unescorted
access to the spent fuel storage facility
shall not be granted to an individual.
Protection of Information
1. Each licensee that obtains a
criminal history records check for an
individual, pursuant to this Order, shall
establish and maintain a system of files
and procedures for protecting the record
and the personal information from
unauthorized disclosure.
2. The licensee may not disclose the
record nor 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 unescorted
access to the spent fuel storage facility.
No individual authorized to have access
to the information may redisseminate
the information to any other individual
who does not have a need-to-know.
3. The personal information obtained
on an individual from a criminal history
records check may be transferred to
another licensee if the licensee holding
the criminal history record receives the
individual’s written request to
redisseminate 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.
4. The licensee shall make criminal
history records, obtained under this
section, available for examination by an
authorized NRC representative, to
determine compliance with the
regulations and laws.
5. The licensee shall retain all
fingerprint and criminal history records
received from the FBI, or a copy, if the
individual’s file has been transferred,
for three (3) years after termination of
employment or denial to unescorted
access to the spent fuel storage facility.
After the required three (3) year period,
these documents shall be destroyed by
a method that will prevent
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reconstruction of the information in
whole, or in part.
[FR Doc. E7–11006 Filed 6–6–07; 8:45 am]
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NUCLEAR REGULATORY
COMMISSION
[Docket No. 72–20; EA–07–124]
In the Matter of Department of
Energy—Idaho Operations Office
Three Mile Island Unit 2 Independent
Spent Fuel Storage Installation
Modifying License (Effective
Immediately); Nuclear Regulatory
Commission
U.S. Nuclear Regulatory
Commission.
ACTION: Issuance of Order Imposing
Fingerprinting and Criminal History
Check Requirements for Unescorted
Access to Certain Spent Fuel Storage
Facilities.
AGENCY:
L.
Raynard Wharton, Senior Project
Manager, Licensing and Inspection
Directorate, Division of Spent Fuel
Storage and Transportation, Office of
Nuclear Material Safety and Safeguards
(NMSS), U.S. Nuclear Regulatory
Commission (NRC), Rockville, MD
20852. Telephone: (301) 492–3316; fax
number: (301) 492–3348; e-mail:
lrw@nrc.gov.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
I. Introduction
Pursuant to 10 CFR 2.202, NRC (or the
Commission) is providing notice, in the
matter of Three Mile Island Unit 2
(TMI–2) Independent Spent Fuel
Storage Installation (ISFSI) Order
Modifying License (Effective
Immediately).
II. Further Information
rwilkins on PROD1PC63 with NOTICES
I
The NRC has issued a specific license,
to the Department of Energy, Idaho
Operations Office (DOE–ID), authorizing
storage of spent fuel in an ISFSI in
accordance with the Atomic Energy Act
(AEA) of 1954 as amended, and Title 10
of the Code of Federal Regulations (10
CFR) Part 72. On August 8, 2005, the
Energy Policy Act of 2005 (EPAct) was
enacted. Section 652 of the EPAct
amended Section 149, of the AEA, to
require fingerprinting and a Federal
Bureau of Investigation (FBI)
identification and criminal history
records check of any individual who is
permitted unescorted access to
radioactive material or other property
subject to regulation by the
VerDate Aug<31>2005
20:59 Jun 06, 2007
Jkt 211001
Commission, which the Commission
determines to be of such significance to
the public health and safety or the
common defense and security, as to
warrant fingerprinting and background
checks. The Commission has
determined that spent fuel storage
facilities meet the requisite threshold
warranting these additional measures.
Though a rulemaking to implement the
fingerprinting provisions of the EPAct is
currently underway, the NRC has
decided to implement this particular
requirement by Order, in part, prior to
the completion of the rulemaking
because a deliberate malevolent act by
an individual with unescorted access to
spent fuel storage facilities has a
potential to result in significant adverse
impacts to the public health and safety
or the common defense and security.
Those exempted from fingerprinting
requirements under 10 CFR 73.61 [72
FR 4945 (February 2, 2007)] are also
exempt from the fingerprinting
requirements under this Order. In
addition, individuals who have had a
favorable decided U.S. Government
criminal history records check within
the last five (5) years, or individuals
who have active federal security
clearance (provided in either case that
they make available the appropriate
documentation), have satisfied the
EPAct fingerprinting requirement and
need not be fingerprinted again. Also,
individuals who have been
fingerprinted and granted access to
Safeguards Information (SGI) by the
reviewing official under the previous
fingerprinting order, ‘‘Order Imposing
Fingerprinting and Criminal History
Check Requirements for Access to
Safeguards Information’’ (EA–06–298)
do not need to be fingerprinted again.
Subsequent to the terrorist events of
September 11, 2001, the NRC issued
security Orders requiring certain entities
to implement Interim Compensatory
Measures (ICMs) and Additional
Security Measures (ASMs) for certain
radioactive material. The requirements
imposed by these Orders and the
measures licensees have developed to
comply with these Orders, were
designated by the NRC as SGI and were
not released to the public. These Orders
included a local criminal history
records check to determine
trustworthiness and reliability of
individuals seeking unescorted access to
spent fuel storage facilities. ‘‘Access’’
means that an individual could exercise
some physical control over the material
or device. In accordance with Section
149 of the AEA, as amended by the
EPAct, the Commission is imposing FBI
criminal history records check
requirements, as set forth in the Order
PO 00000
Frm 00073
Fmt 4703
Sfmt 4703
31621
for all individuals allowed unescorted
access to protected areas, secure areas,
and critical target areas, for certain
spent fuel facility licensees. These
requirements will remain in effect until
the Commission determines otherwise.
In addition, pursuant to 10 CFR 2.202,
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.
II
Accordingly, pursuant to Sections 51,
53, 63, 81, 147, 149, 161b, 161i, 161o,
182, and 186 of the AEA of 1954, as
amended, and the Commission’s
regulations in 10 CFR 2.202, Parts 72
and 73, it is hereby ordered, effective
immediately, that your specific license
is modified as follows:
A. DOE–ID shall, within twenty (20)
days of the date of this Order, establish
and maintain a fingerprinting program
that meets the requirements of the
Attachment to this Order, for unescorted
access to spent fuel storage facilities.
B. DOE–ID shall, in writing, within
twenty (20) days from the date of this
Order, notify the Commission: (1) Of
receipt and confirmation that
compliance with the Order will be
achieved, (2) if unable to comply with
any of the requirements described in the
Attachment, or (3) if compliance with
any of the requirements are unnecessary
in its specific circumstances. The
notification shall provide DOE–ID’s
justification for seeking relief from, or
variation of, any specific requirement.
C. In accordance with the NRC’s
‘‘Order Imposing Fingerprinting and
Criminal History Records Check
Requirements for Access to Safeguards
Information,’’ only an NRC-approved
reviewing official shall review the
results of a FBI criminal history records
check. The reviewing official shall
determine whether an individual may
have, or continue to have, unescorted
access to spent fuel storage facilities.
Fingerprinting and the FBI
identification and criminal history
records check are not required for
individuals who are exempted from
fingerprinting requirements under 10
CFR 73.61 [72 FR 4945 (February 2,
2007)]. In addition, individuals who
have had a favorably decided U.S.
Government criminal history records
check within the last five (5) years, or
have an active Federal security
clearance (provided in each case that
the appropriate documentation is made
available to DOE–ID’s reviewing
official), have satisfied the EPAct
E:\FR\FM\07JNN1.SGM
07JNN1
]]>Agencies
[Federal Register Volume 72, Number 109 (Thursday, June 7, 2007)]
[Notices]
[Pages 31617-31621]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-11006]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket No. 72-9; EA-07-124]
In the Matter of Department of Energy--Idaho Operations Office
Fort Saint Vrain Power Station Independent Spent Fuel Storage
Installation; Modifying License (Effective Immediately)
AGENCY: U.S. Nuclear Regulatory Commission.
ACTION: Issuance of order imposing fingerprinting and criminal history
check requirements for unescorted access to certain spent fuel storage
facilities.
-----------------------------------------------------------------------
FOR FURTHER INFORMATION, CONTACT: L. Raynard Wharton, Senior Project
Manager, Licensing and Inspection Directorate, Division of Spent Fuel
Storage and Transportation, Office of Nuclear Material Safety and
Safeguards (NMSS), U.S. Nuclear Regulatory Commission (NRC), Rockville,
MD
[[Page 31618]]
20852. Telephone: (301) 492-3316; fax number: (301) 492-3348; e-mail:
lrw@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
Pursuant to 10 CFR 2.202, NRC (or the Commission) is providing
notice, in the matter of Fort Saint Vrain Power Station Independent
Spent Fuel Storage Installation (ISFSI) Order Modifying License
(Effective Immediately).
II. Further Information
I
The NRC has issued a specific license, to the Department of Energy,
Idaho Operations Office (DOE-ID), authorizing storage of spent fuel in
an ISFSI in accordance with the Atomic Energy Act (AEA) of 1954 as
amended, and Title 10 of the Code of Federal Regulations (10 CFR) Part
72. On August 8, 2005, the Energy Policy Act of 2005 (EPAct) was
enacted. Section 652 of the EPAct amended Section 149, of the AEA, to
require fingerprinting and a Federal Bureau of Investigation (FBI)
identification and criminal history records check of any individual who
is permitted unescorted access to radioactive material or other
property subject to regulation by the Commission, which the Commission
determines to be of such significance to the public health and safety
or the common defense and security, as to warrant fingerprinting and
background checks. The Commission has determined that spent fuel
storage facilities meet the requisite threshold warranting these
additional measures. Though a rulemaking to implement the
fingerprinting provisions of the EPAct is currently underway, the NRC
has decided to implement this particular requirement by Order, in part,
prior to the completion of the rulemaking because a deliberate
malevolent act by an individual with unescorted access to spent fuel
storage facilities has a potential to result in significant adverse
impacts to the public health and safety or the common defense and
security.
Those exempted from fingerprinting requirements under 10 CFR 73.61
[72 FR 4945 (February 2, 2007)] are also exempt from the fingerprinting
requirements under this Order. In addition, individuals who have had a
favorable decided U.S. Government criminal history records check within
the last five (5) years, or individuals who have active federal
security clearance (provided in either case that they make available
the appropriate documentation), have satisfied the EPAct fingerprinting
requirement and need not be fingerprinted again. Also, individuals who
have been fingerprinted and granted access to Safeguards Information
(SGI) by the reviewing official under the previous fingerprinting
order, (Order Imposing Fingerprinting and Criminal History Check
Requirements for Access to Safeguards Information( (EA-06-298) do not
need to be fingerprinted again.
Subsequent to the terrorist events of September 11, 2001, the NRC
issued security Orders requiring certain entities to implement Interim
Compensatory Measures (ICMs) and Additional Security Measures (ASMs)
for certain radioactive material. The requirements imposed by these
Orders and the measures licensees have developed to comply with these
Orders, were designated by the NRC as SGI and were not released to the
public. These Orders included a local criminal history records check to
determine trustworthiness and reliability of individuals seeking
unescorted access to spent fuel storage facilities. ``Access'' means
that an individual could exercise some physical control over the
material or device. In accordance with Section 149 of the AEA, as
amended by the EPAct, the Commission is imposing FBI criminal history
records check requirements, as set forth in the Order for all
individuals allowed unescorted access to protected areas, secure areas,
and critical target areas, for certain spent fuel facility licensees.
These requirements will remain in effect until the Commission
determines otherwise. In addition, pursuant to 10 CFR 2.202, 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.
II
Accordingly, pursuant to Sections 51, 53, 63, 81, 147, 149, 161b,
161i, 161o, 182, and 186 of the AEA of 1954, as amended, and the
Commission's regulations in 10 CFR 2.202, Parts 72 and 73, It is hereby
ordered, effective immediately, that your specific license is modified
as follows:
A. DOE-ID shall, within twenty (20) days of the date of this Order,
establish and maintain a fingerprinting program that meets the
requirements of the Attachment to this Order, for unescorted access to
spent fuel storage facilities.
B. DOE-ID shall, in writing, within twenty (20) days from the date
of this Order, notify the Commission: (1) Of receipt and confirmation
that compliance with the Order will be achieved, (2) if unable to
comply with any of the requirements described in the Attachment, or (3)
if compliance with any of the requirements are unnecessary in its
specific circumstances. The notification shall provide DOE-ID's
justification for seeking relief from, or variation of, any specific
requirement.
C. In accordance with the NRC's ``Order Imposing Fingerprinting and
Criminal History Records Check Requirements for Access to Safeguards
Information,'' only an NRC-approved reviewing official shall review the
results of a FBI criminal history records check. The reviewing official
shall determine whether an individual may have, or continue to have,
unescorted access to spent fuel storage facilities. Fingerprinting and
the FBI identification and criminal history records check are not
required for individuals who are exempted from fingerprinting
requirements under 10 CFR 73.61 [72 FR 4945 (February 2, 2007)]. In
addition, individuals who have had a favorably decided U.S. Government
criminal history records check within the last five (5) years, or have
an active Federal security clearance (provided in each case that the
appropriate documentation is made available to DOE-ID's reviewing
official), have satisfied the EPAct fingerprinting requirement and need
not be fingerprinted again.
D. Fingerprints shall be submitted and reviewed in accordance with
the procedures described in the Attachment to this Order. Individuals
who have been fingerprinted and granted access to SGI by the reviewing
official, under the NRC's Order No. EA-06-298 do not need to be
fingerprinted again for purposes of authorizing unescorted access. No
person may have access to SGI or unescorted access to any radioactive
material or property subject to regulation by the NRC if the NRC has
determined, in accordance with its administrative review process based
on fingerprinting and an FBI identification and criminal history
records check, either that the person may not have access to SGI or
that the person may not have unescorted access to radioactive material
or property subject to regulation by the NRC.
E. DOE-ID may allow any individual who currently has unescorted
access to spent fuel storage facilities, in accordance with the ICM and
ASM Security Orders, to continue to have unescorted access, pending a
decision by the reviewing official (based on fingerprinting, an FBI
criminal history records check, and a trustworthiness and reliability
determination) that the individual may continue to have unescorted
access to spent fuel storage
[[Page 31619]]
facilities. DOE-ID shall complete implementation of the requirements of
the Attachment to this Order within ninety (90) days from the date of
issuance of this Order.
DOE-ID responses to Condition B. shall be submitted to the
Director, Office of Nuclear Material Safety and Safeguards, U.S.
Nuclear Regulatory Commission, Washington, DC 20555. In addition,
licensee responses are security-related information or official use
only and shall be properly marked.
The Director, Office of Nuclear Material Safety and Safeguards,
may, in writing, relax or rescind any of the above conditions upon
demonstration of good cause by DOE-ID.
III
In accordance with 10 CFR 2.202, DOE-ID must, and any other person
adversely affected by this Order, may, submit an answer to this Order,
and may request a hearing regarding this Order, within twenty (20) days
from the date of this Order. Where good cause is shown, consideration
will be given to extending the time, to either submit an answer, or
request a hearing. A request for extension of time in which to submit
an answer or request a hearing must be made in writing to the Director,
Office of Nuclear Material Safety and Safeguards, 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 for which DOE-ID, or any other person adversely affected
relies and the reasons as to why the Order should not have been issued.
Any answer or request for a hearing shall be submitted to the
Secretary, Office of the Secretary, U.S. Nuclear Regulatory Commission,
ATTN: Rulemakings and Adjudications Staff, Washington, DC 20555. Copies
shall also be sent to the Director, Office of Nuclear Material Safety
and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC
20555; to the Assistant General Counsel for Materials Litigation and
Enforcement at the same address; and to DOE-ID, if the answer or
hearing request is by an individual other than DOE-ID. Because of
possible delays in delivery of mail to United States Government
offices, it is requested that answers and requests for hearing be
transmitted to the Secretary of the Commission, either by means of
facsimile transmission to (301) 415-1101, or via e-mail to
hearingdocket@nrc.gov, and also to the Office of the General Counsel,
either by means of facsimile transmission to (301) 415-3725, or via e-
mail to OGCMailCenter@nrc.gov. If a person other than DOE-ID 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.
If a hearing is requested by DOE-ID or an individual whose interest
is adversely affected, the Commission will issue an Order designating
the time and place of a 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), DOE-ID may, in addition to
demanding a hearing, at the time the answer is filed, or sooner, move
that the presiding officer 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 twenty (20) days from
the date of this Order without further Order or proceedings.
If an extension of time for requesting a hearing has been approved,
the provisions as specified 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 a hearing shall not stay the immediate
effectiveness of this order.
Dated: May 29, 2007.
For the Nuclear Regulatory Commission.
Michael F. Weber,
Director, Office of Nuclear Material Safety and Safeguards.
Attachment--Requirements for Fingerprinting and Criminal History
Records Checks of Individuals When Licensee's Reviewing Official Is
Determining Unescorted Access To Spent Fuel Storage Facilities
General Requirements
Licensees shall comply with the following requirements of this
Attachment.
1. Each licensee subject to the provisions of this Attachment shall
fingerprint each individual who is seeking or permitted unescorted
access to the spent fuel storage facility. The licensee shall review
and use the information received from the Federal Bureau of
Investigation (FBI) and ensure that the provisions contained in the
subject Order and this Attachment are satisfied.
2. The licensee shall notify each affected individual that the
fingerprints will be used to secure a review of his/her criminal
history record and inform the individual of the procedures for revising
the record or including an explanation in the record, as specified in
the ``Right to Correct and Complete Information'' section of this
Attachment.
3. Fingerprints for unescorted access need not be taken if an
employed individual (e.g., a licensee employee, contractor,
manufacturer, or supplier) is relieved from the fingerprinting
requirement by 10 CFR 73.61 for unescorted access, has had a favorably
decided U.S. Government criminal history records check within the last
five (5) years, or has an active Federal security clearance. Written
confirmation from the Agency/employer that granted the Federal security
clearance or reviewed the criminal history records check must be
provided. The licensee must retain this documentation for a period of
three (3) years from the date the individual no longer requires
unescorted access to the spent fuel storage facility associated with
the licensee's activities.
4. All fingerprints obtained by the licensee, pursuant to this
Order, must be submitted to the Commission for transmission to the FBI.
5. The licensee shall review the information received from the FBI
and consider it, in conjunction with the trustworthiness and
reliability requirements established by the previous ICM and ASM
Security Orders, in making a determination whether to grant, or
continue to allow, unescorted access to the spent fuel storage
facility.
6. The licensee shall use any information obtained as part of a
criminal history records check solely for the purpose of determining an
individual's suitability for unescorted access to the spent fuel
storage facility.
7. The licensee shall document the basis for its determination
whether to grant, or continue to allow, unescorted access to the spent
fuel storage facility.
Prohibitions
A licensee shall not base a final determination to deny an
individual access to the spent fuel storage facility solely on
information received from the FBI, involving an arrest more than one
(1) year old, for which there is no information as to disposition of
the case, or an arrest that resulted in dismissal of the charge or an
acquittal.
[[Page 31620]]
A licensee shall not use information received from a criminal
history records check 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.
Procedures for Processing Fingerprint Checks
For the purpose of complying with this Order, licensees shall,
using an appropriate method listed in 10 CFR 73.4, submit to the
Nuclear Regulatory Commission's (NRC's) Division of Facilities and
Security, Mail Stop T-6E46, one completed, legible standard fingerprint
card (Form FD-258, ORIMDNRCOOOZ) or, where practicable, other
fingerprint records for each individual seeking unescorted access to
the spent fuel storage facility, to the Director of the Division of
Facilities and Security, marked for the attention of the Division's
Criminal History Check Section. Copies of these forms may be obtained
by writing the Office of Information Services, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001, by calling (301) 415-5877, or
via e-mail to forms@nrc.gov. Practicable alternative formats are set
forth in 10 CFR 73.4. The licensee shall establish procedures to ensure
that the quality of the fingerprints taken results in minimizing the
rejection rate of fingerprint cards due to illegible or incomplete
cards.
The NRC will review submitted fingerprint cards for completeness.
Any Form FD-258 fingerprint record containing omissions or evident
errors will be returned to the licensee for corrections. The fee for
processing fingerprint checks includes one resubmission if the initial
submission is returned by the FBI because the fingerprint impressions
cannot be classified. The one free resubmission must have the FBI
Transaction Control Number reflected on the resubmission. If additional
submissions are necessary, they will be treated as initial submittals
and will require a second payment of the processing fee.
Fees for processing fingerprint checks are due upon application.
Licensees shall submit payment with the application for processing
fingerprints by corporate check, certified check, cashier's check,
money order, or electronic payment, made payable to ``U.S. NRC.'' [For
guidance on making electronic payments, contact the Facilities Security
Branch, Division of Facilities and Security, at (301) 415-7404].
Combined payment for multiple applications is acceptable. The
application fee (currently $27) is the sum of the user fee charged by
the FBI for each fingerprint card or other fingerprint record submitted
by the NRC on behalf of a licensee, and an NRC processing fee, which
covers administrative costs associated with NRC handling of licensee
fingerprint submissions. The Commission will directly notify licensees,
who are subject to this regulation of any fee changes.
The Commission will forward, to the submitting licensee, all data
received from the FBI as a result of the licensee's application(s) for
criminal history records checks, including the FBI fingerprint record.
Right To Correct and Complete Information
Prior to any final adverse determination, the licensee shall make
available, to the individual, the contents of any criminal records,
obtained from the FBI, for the purpose of assuring correct and complete
information. Written confirmation by the individual of receipt of this
notification must be maintained by the licensee for a period of one (1)
year from the date of the notification.
If, after reviewing the record, an individual believes that the
record 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 allow at least ten (10) days for an individual to
initiate an action challenging the results of an FBI criminal history
records check after the record is made available for his/her review.
The licensee may make a final determination for unescorted access to
the spent fuel storage facility based on the criminal history records
check, only upon receipt of the FBI's ultimate confirmation or
correction of the record. Upon a final adverse determination for
unescorted access to the spent fuel storage facility, the licensee
shall provide the individual its documented basis for denial. During
this review process for assuring correct and complete information,
unescorted access to the spent fuel storage facility shall not be
granted to an individual.
Protection of Information
1. Each licensee that obtains a criminal history records check for
an individual, pursuant to this Order, shall establish and maintain a
system of files and procedures for protecting the record and the
personal information from unauthorized disclosure.
2. The licensee may not disclose the record nor 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 unescorted access to the spent fuel storage facility. No
individual authorized to have access to the information may
redisseminate the information to any other individual who does not have
a need-to-know.
3. The personal information obtained on an individual from a
criminal history records check may be transferred to another licensee
if the licensee holding the criminal history record receives the
individual's written request to redisseminate 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.
4. The licensee shall make criminal history records, obtained under
this section, available for examination by an authorized NRC
representative, to determine compliance with the regulations and laws.
5. The licensee shall retain all fingerprint and criminal history
records received from the FBI, or a copy, if the individual's file has
been transferred, for three (3) years after termination of employment
or denial to unescorted access to the spent fuel storage facility.
After the required three (3) year period, these documents shall be
destroyed by a method that will prevent
[[Page 31621]]
reconstruction of the information in whole, or in part.
[FR Doc. E7-11006 Filed 6-6-07; 8:45 am]
BILLING CODE 7590-01-P
