In the Matter of General Electric Company GE Morris Operation Independent Spent Fuel Storage Installation Modifying License (Effective Immediately), 31623-31626 [E7-11011]

Agencies

• NUCLEAR REGULATORY COMMISSION

[Federal Register Volume 72, Number 109 (Thursday, June 7, 2007)]
[Notices]
[Pages 31623-31626]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-11011]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 72-1; EA-07-124]


In the Matter of General Electric Company GE Morris Operation 
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.

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FOR FURTHER INFORMATION CONTACT:  L. Raynard Wharton, Senior Project

[[Page 31624]]

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:

I. Introduction

    Pursuant to 10 CFR 2.202, NRC (or the Commission) is providing 
notice, in the matter of GE Morris Operation (GEMO) Order Modifying 
License (Effective Immediately).

II. Further Information

I

    The NRC has issued a specific license, to the General Electric 
Company (GE), authorizing storage of spent fuel, 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 
favorably 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. GE 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. GE 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 GE'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 that 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 GE'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. GE 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

[[Page 31625]]

trustworthiness and reliability determination) that the individual may 
continue to have unescorted access to spent fuel storage facilities. GE 
shall complete implementation of the requirements of the Attachment to 
this Order within ninety (90) days from the date of issuance of this 
Order.
    GE 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 GE.

III

    In accordance with 10 CFR 2.202, GE 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 GE, 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 GE, if the answer or hearing 
request is by an individual other than GE. 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 GE 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 GE 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), GE 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 this 29th day of May 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.
    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

[[Page 31626]]

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 re-submission 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 reconstruction of the information in whole, or in part.

[FR Doc. E7-11011 Filed 6-6-07; 8:45 am]
BILLING CODE 7590-01-P