In the Matter of: FPL Energy Seabrook, LLC Seabrook Station; Independent Spent Fuel Storage Installation Order Modifying License (Effective Immediately), 29542-29547 [E8-11346]

Download as PDF 29542 Federal Register / Vol. 73, No. 99 / Wednesday, May 21, 2008 / Notices to Participate in any Hearing, both of which were submitted in response to a March 10, 2008, Notice of Hearing and Opportunity to Petition for Leave to Intervene on a Combined License for North Anna Unit 3 (73 FR 12,760), and an April 18, 2008, Supplement to Notice of Hearing and Opportunity to Petition for Leave to Intervene on a Combined License for North Anna Unit 3 (73 FR 21,162). The Petition to Intervene and Request for Hearing challenges the application filed by Dominion Virginia Power pursuant to Subpart C of 10 CFR Part 52 for a combined license for North Anna Unit 3, which would be located at the North Anna Power Station in Louisa County, Virginia. The Board is comprised of the following administrative judges: Ronald M. Spritzer, 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. Alice C. Mignerey, Atomic Safety and Licensing Board Panel, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001 Additionally, during the contention admissibility phase of this proceeding, Administrative Judge Alan S. Rosenthal shall function as the Board’s Special Assistant pursuant to 10 CFR 2.322(a)(3). All correspondence, documents, and other materials shall be filed in accordance with the NRC E–Filing rule, which the NRC promulgated in August 2007 (72 FR 49,139). Issued at Rockville, Maryland, this 15th day of May 2008. E. Roy Hawkens, Chief Administrative Judge, Atomic Safety and Licensing Board Panel. [FR Doc. E8–11339 Filed 5–20–08; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION cprice-sewell on PROD1PC69 with NOTICES [Docket No. 72–63; EA–08–144] In the Matter of: FPL Energy Seabrook, LLC Seabrook Station; Independent Spent Fuel Storage Installation Order Modifying License (Effective Immediately) U.S. Nuclear Regulatory Commission. ACTION: Issuance of Order for Implementation of Additional Security Measures and Fingerprinting for Unescorted Access to Seabrook Station AGENCY: VerDate Aug<31>2005 15:18 May 20, 2008 Jkt 214001 Independent Spent Fuel Storage Installation. FOR FURTHER INFORMATION, CONTACT: Kevin M. Witt, Project Manager, Rules, Inspections and Operations Branch, 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) 492–3323; fax number: (301) 492– 3348; e-mail: Kevin.Witt@nrc.gov. SUPPLEMENTARY INFORMATION: I. Introduction Pursuant to 10 CFR 2.106, NRC (or the Commission) is providing notice, in the matter of Seabrook Station Independent Spent Fuel Storage Installation (ISFSI) Order Modifying License (Effective Immediately). II. Further Information I NRC has issued a general license to FPL Energy Seabrook, LLC (FPL) authorizing the operation of an ISFSI, in accordance with the Atomic Energy Act of 1954, as amended, and Title 10 of the Code of Federal Regulations (10 CFR) part 72. This Order is being issued to FPL, which 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) and 10 CFR 73.55(h)(1) require FPL to maintain safeguards and 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 safeguards 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 nearterm plans to store spent fuel, in an ISFSI. II On September 11, 2001, terrorists simultaneously attacked targets in New York, NY, and 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’ PO 00000 Frm 00065 Fmt 4703 Sfmt 4703 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, 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 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 FPL 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 nor necessary at some sites, or may need to be tailored to accommodate the specific circumstances existing at FPL’s facility, to achieve the intended objectives and avoid any unforeseen effect on the safe storage of spent fuel. Although the ASMs already implemented by licensees in response to the Safeguards and Threat Advisories have been sufficient to provide reasonable assurance of adequate protection of public health and safety, the Commission concludes that these actions must be supplemented further because the current threat environment continues to persist. Therefore, it is appropriate to require certain ASMs, E:\FR\FM\21MYN1.SGM 21MYN1 Federal Register / Vol. 73, No. 99 / Wednesday, May 21, 2008 / Notices and these measures must be embodied in an Order, consistent with the established regulatory framework. To provide assurance that licensees are implementing prudent measures to achieve a consistent level of protection to address the current threat environment, licenses 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. cprice-sewell on PROD1PC69 with NOTICES III 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 Commission’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. FPL 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 FPL’s security plan. FPL shall immediately start implementation of the requirements in Attachments 1 and 2 to the Order and shall complete implementation no later than 180 days from the date of this Order, with the exception of the ASM B.4 of Attachment 1 [‘‘Additional Security Measures (ASMs) for Physical Protection of Dry Independent Spent Fuel Storage Installations (ISFSIs)’’], which shall be implemented no later than 365 days from the date of this Order. In any event, FPL shall complete implementation of all ASMs no later than 30 days before the first day that spent fuel is scheduled to be initially placed in the ISFSI. B.1. FPL 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 FPL to be in violation of the provisions of any Commission regulation or the facility license. The notification shall provide FPL’s justification for seeking relief from, or variation of, any specific requirement. 2. If FPL considers that implementation of any of the requirements described in Attachments VerDate Aug<31>2005 15:18 May 20, 2008 Jkt 214001 1 and 2 to this Order would adversely impact the safe storage of spent fuel, FPL 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 the Attachment 1 and/or 2 requirements in question, or a schedule for modifying the facility, to address the adverse safety condition. If neither approach is appropriate, FPL 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. FPL 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. FPL 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. FPL’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 that contain Safeguards Information shall be properly marked and handled, in accordance with 10 CFR 73.21. The Director, Office of Nuclear Material Safety and Safeguards, may, in writing, relax or rescind any of the above conditions, for good cause. IV In accordance with 10 CFR 2.202, FPL must, and any other person adversely affected by this Order may, submit an answer to this Order within 20 days of the date of the Order. In addition, FPL, and any other person adversely affected by this Order, may request a hearing on this Order, within 20 days of the date of the Order. 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 FPL relies and the reasons as to why the PO 00000 Frm 00066 Fmt 4703 Sfmt 4703 29543 Order should not have been issued. If a person other than FPL requests a hearing, that person shall set forth, with particularity, the manner in which his interest is adversely affected by this Order, and shall address the criteria set forth in 10 CFR 2.309(d). All documents filed in NRC adjudicatory proceedings, including a request for hearing, a petition for leave to intervene, any motion or other document filed in the proceeding prior to the submission of a request for hearing or petition to intervene, and documents filed by interested governmental entities participating under 10 CFR 2.315(c), must be filed in accordance with the NRC E-Filing rule, which the NRC promulgated in August 2007, 72 FR 49139 (August 28, 2007) and codified in pertinent part at 10 CFR Part 2, Subpart B. The E-Filing process requires participants to submit and serve all adjudicatory documents over the internet, or in some cases to mail copies on electronic storage media. Participants may not submit paper copies of their filings unless they seek a waiver in accordance with the procedures described below. To comply with the procedural requirements associated with E-Filing, at least five (5) days before the filing deadline, the requestor must contact the Office of the Secretary, by e-mail, at Hearing.Docket@nrc.gov, or by calling (301) 415–1677, to request: (1) A digital ID certificate, which allows the participant (or its counsel or representative) to digitally sign documents and access the E-Submittal server for any NRC proceeding in which it is participating; and/or (2) creation of an electronic docket for the proceeding [even in instances when the requestor (or its counsel or representative) already holds an NRC-issued digital ID certificate]. Each requestor will need to download the Workplace Forms ViewerTM to access the Electronic Information Exchange (EIE), a component of the E-Filing system. The Workplace Forms ViewerTM is free and is available at http://www.nrc.gov/sitehelp/e-submittals/install-viewer.html. Information about applying for a digital ID certificate is also available on NRC’s public Web site at http://www.nrc.gov/ site-help/e-submittals/applycertificates.html. Once a requestor has obtained a digital ID certificate, had a docket created, and downloaded the EIE viewer, he/she can then submit a request for a hearing through EIE. Submissions should be in Portable Document Format (PDF), in accordance with NRC guidance available on the NRC public Web site at http:// E:\FR\FM\21MYN1.SGM 21MYN1 cprice-sewell on PROD1PC69 with NOTICES 29544 Federal Register / Vol. 73, No. 99 / Wednesday, May 21, 2008 / Notices www.nrc.gov/site-help/esubmittals.html. A filing is considered complete at the time the filer submits its document through EIE. To be timely, electronic filings must be submitted to the EIE system no later than 11:59 p.m. Eastern Time, on the due date. On receipt of a transmission, the E-Filing system time-stamps the document and sends the submitter an e-mail notice confirming receipt of the document. The EIE system also distributes an e-mail 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 document on those participants separately. Therefore, any others who wish to participate in the proceeding (or their counsel or representative) must apply for, and receive, digital ID certificates, before hearing requests are filed, so that they may obtain access to the documents via the E-Filing system. A person filing electronically may seek assistance through the ‘‘ContactUs’’ link located on the NRC Web site at http://www.nrc.gov/site-help/esubmittals.html, or by calling the NRC technical help line, which is available between 8:30 a.m. and 4:15 p.m., Eastern Time, Monday through Friday. The help line number is (800) 397–4209 or, locally (301) 415–4737. Participants who believe that they have good cause for not submitting documents electronically must file motions, in accordance with 10 CFR 2.302(g), with their initial paper filings, requesting authorization to continue to submit documents in paper format. Such filings must be submitted by: (1) First-class mail, addressed to the Office of the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001, Attention: Rulemaking and Adjudications Staff; or (2) courier, express mail, or expedited delivery service to the Office of the Secretary, Sixteenth Floor, One White Flint North, 11555 Rockville Pike, Rockville, Maryland, 20852, Attention: Rulemaking and Adjudications Staff. Participants filing a document in this manner are responsible for serving the document on all other participants. Filing is considered complete, by firstclass mail, as of the time of deposit in the mail, or by courier, express mail, or expedited delivery service on depositing the document with the provider of the service. Documents submitted in adjudicatory proceedings will appear in NRC’s electronic hearing docket, which is available to the public at http:// VerDate Aug<31>2005 15:18 May 20, 2008 Jkt 214001 ehd.nrc.gov/EHD_Proceeding/home.asp, unless excluded pursuant to an order of the Commission, an Atomic Safety and Licensing Board, or a Presiding Officer. Participants are requested not to include personal privacy information, such as social security numbers, home addresses, or home phone numbers, in their filings. 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 works. If a hearing is requested by FPL 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), FPL 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 of this Order, without further Order or proceedings. If an extension of time for requesting a hearing has been approved, the provisions, 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. For the Nuclear Regulatory Commission. PO 00000 Frm 00067 Fmt 4703 Sfmt 4703 Dated at Rockville, Maryland this 7th day of May 2008. Michael F. Weber, 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 the Federal Register Notice Attachment 2—Additional Security Measures for Access Authorization and Fingerprinting at Independent Spent Fuel Storage Installations, Dated December 19, 2007 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 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 sections 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. B. Additional Security Measures for Access Authorization Program 1. The licensee shall develop, implement and maintain a program, or enhance their 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 or 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 3 years and, as a minimum, must include: i. Fingerprinting and a Federal Bureau of Investigation (FBI) identification and criminal history records check (CHRC). E:\FR\FM\21MYN1.SGM 21MYN1 cprice-sewell on PROD1PC69 with NOTICES Federal Register / Vol. 73, No. 99 / Wednesday, May 21, 2008 / Notices 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 3 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 (USCIS), 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 3 years, and/or academic enrollment and attendance in lieu of employment for the past 5 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 3 years from the date of the application for unescorted access. VerDate Aug<31>2005 15:18 May 20, 2008 Jkt 214001 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 5 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 PO 00000 Frm 00068 Fmt 4703 Sfmt 4703 29545 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. 2. No person may have access to 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 pursuant to 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 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 (3) 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 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. E:\FR\FM\21MYN1.SGM 21MYN1 29546 Federal Register / Vol. 73, No. 99 / Wednesday, May 21, 2008 / Notices cprice-sewell on PROD1PC69 with NOTICES 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 which 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 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 an ISFSI, 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 by 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. 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 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. 3. Fees for processing fingerprint checks are due upon application. The licensee shall submit payment of the VerDate Aug<31>2005 15:18 May 20, 2008 Jkt 214001 processing fees electronically. In order 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 e-mail to det@nrc.gov. The e-mail must include the licensee’s company name, address, point of contact (POC), POC e-mail 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 licensees have 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 Facilities Security Branch, Division of Facilities and Security, at (301) 415– 7739. Combined payment for multiple applications is acceptable. The application fee (currently $36) 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 criminal history records checks, 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 PO 00000 Frm 00069 Fmt 4703 Sfmt 4703 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 ten (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 upon 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 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 redisseminate 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 criminal history record check may be transferred to another licensee if the gaining licensee receives the individual’s written request to re-disseminate the information E:\FR\FM\21MYN1.SGM 21MYN1 Federal Register / Vol. 73, No. 99 / Wednesday, May 21, 2008 / Notices 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. E8–11346 Filed 5–20–08; 8:45 am] BILLING CODE 7590–01–P RAILROAD RETIREMENT BOARD cprice-sewell on PROD1PC69 with NOTICES Agency Forms Submitted for OMB Review, Request for Comments Summary: In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the Railroad Retirement Board (RRB) is forwarding an Information Collection Request (ICR) to the Office of Information and Regulatory Affairs (OIRA), Office of Management and Budget (OMB) to request an extension of a currently approved collection of information: 3220–0034, Statement of Authority to Act for Employee. Our ICR describes the information we seek to collect from the public. Review and approval by OIRA ensures that we impose appropriate paperwork burdens. The RRB invites comments on the proposed collection of information to determine (1) The practical utility of the collection; (2) the accuracy of the estimated burden of the collection; (3) ways to enhance the quality, utility and clarity of the information that is the subject of collection; and (4) ways to minimize the burden of collections on respondents, including the use of automated collection techniques or other forms of information technology. Comments to RRB or OIRA must contain the OMB control number of the ICR. For proper consideration of your comments, it is best if RRB and OIRA receive them within 30 days of publication date. Under Section 5(a) of the Railroad Unemployment Insurance Act (RUIA), claims for benefits are to be made in accordance with such regulations as the Railroad Retirement Board (RRB) shall prescribe. The provisions for claiming sickness benefits as provided by Section 2 of the RUIA are prescribed in 20 CFR 335.2. Included in these provisions is the RRB’s acceptance of forms executed by someone else on behalf of an employee if the RRB is satisfied that the employee is sick or injured to the extent of being unable to sign forms. VerDate Aug<31>2005 15:18 May 20, 2008 Jkt 214001 The RRB utilizes Form SI–10, Statement of Authority to Act for Employee, to provide the means for an individual to apply for authority to act on behalf of an incapacitated employee and also to obtain the information necessary to determine that the delegation should be made. Part I of the form is completed by the applicant for the authority and Part II is completed by the employee’s doctor. One response is requested of each respondent. Completion is required to obtain a benefit. The RRB proposes no changes to Form SI–10. Previous Requests for Comments: The RRB has already published the initial 60-day notice (73 FR 13261 on March 12, 2008) required by 44 U.S.C. 3506(c)(2). That request elicited no comments. Information Collection Request (ICR) Title: Statement of Authority to Act for Employee. OMB Control Number: OMB 3220– 0034. Form(s) submitted: SI–10. Type of request: Extension without change of a currently approved collection. Affected public: Individuals or Households. Abstract: Under 20 CFR 335.2, the Railroad Retirement Board (RRB) accepts claims for sickness benefits by other than the sick or injured employees, provided the RRB has the information needed to satisfy itself that the delegation should be made. Changes Proposed: The RRB proposes no changed to Form SI–10. The burden estimate for the ICR is as follows: Estimated Completion Time for Form(s): Completion time for SI–10 is estimated at 6 minutes. Estimated annual number of respondents: 400. Total annual responses: 400. Total annual reporting hours: 40. Additional Information or Comments: Copies of the forms and supporting documents can be obtained from Charles Mierzwa, the agency clearance officer at (312–751–3363) or Charles.Mierzwa@rrb.gov. Comments regarding the information collection should be addressed to Ronald J. Hodapp, Railroad Retirement Board, 844 North Rush Street, Chicago, Illinois 60611–2092 or Ronald.Hodapp@rrb.gov and to the OMB Desk Officer for the RRB, at the Office of Management and Budget, PO 00000 Frm 00070 Fmt 4703 Sfmt 4703 29547 Room 10230, New Executive Office Building, Washington, DC 20503. Charles Mierzwa, Clearance Officer. [FR Doc. E8–11322 Filed 5–20–08; 8:45 am] BILLING CODE 7905–01–P SECURITIES AND EXCHANGE COMMISSION Proposed Collection; Comment Request Upon written request, copies available from: Securities and Exchange Commission, Office of Investor Education and Advocacy, Washington, DC 20549–0213. Extension: Form S–4; OMB Control No. 3235–0324; SEC File No. 270–287. Notice is hereby given that, pursuant to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange Commission (‘‘Commission’’) is soliciting comments on the collection of information summarized below. The Commission plans to submit this existing collection of information to the Office of Management and Budget for extension and approval. Form S–4 (17 CFR 239.25) is the registration form used to register securities issued in business combination transactions under the Securities Act of 1933 (15 U.S.C. 77a et seq.). The information collected is intended to ensure the adequacy of information available to investors in connection with business combination transactions. Form S–4 takes approximately 4,064 hours per response to prepare and is filed by 619 registrants annually. We estimate that 25% of the 4,064 hours per response (1,016 hours) is prepared by the registrant for an annual reporting burden of 628,904 hours (1,016 hours per response x 619 responses). The remaining 75% of the burden hours is prepared by outside counsel. Written comments are invited on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; (b) the accuracy of the agency’s estimate of the burden imposed by the collection of information; (c) ways to enhance the quality, utility, and clarity of the information collected; and (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information E:\FR\FM\21MYN1.SGM 21MYN1

Agencies

[Federal Register Volume 73, Number 99 (Wednesday, May 21, 2008)]
[Notices]
[Pages 29542-29547]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-11346]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 72-63; EA-08-144]


In the Matter of: FPL Energy Seabrook, LLC Seabrook Station; 
Independent Spent Fuel Storage Installation Order Modifying License 
(Effective Immediately)

AGENCY: U.S. Nuclear Regulatory Commission.

ACTION: Issuance of Order for Implementation of Additional Security 
Measures and Fingerprinting for Unescorted Access to Seabrook Station 
Independent Spent Fuel Storage Installation.

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FOR FURTHER INFORMATION, CONTACT: Kevin M. Witt, Project Manager, 
Rules, Inspections and Operations Branch, 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) 492-3323; fax number: (301) 492-3348; e-
mail: Kevin.Witt@nrc.gov.

SUPPLEMENTARY INFORMATION:

I. Introduction

    Pursuant to 10 CFR 2.106, NRC (or the Commission) is providing 
notice, in the matter of Seabrook Station Independent Spent Fuel 
Storage Installation (ISFSI) Order Modifying License (Effective 
Immediately).

II. Further Information

I

    NRC has issued a general license to FPL Energy Seabrook, LLC (FPL) 
authorizing the operation of an ISFSI, in accordance with the Atomic 
Energy Act of 1954, as amended, and Title 10 of the Code of Federal 
Regulations (10 CFR) part 72. This Order is being issued to FPL, which 
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) and 10 CFR 73.55(h)(1) require FPL 
to maintain safeguards and 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 safeguards 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.

II

    On September 11, 2001, terrorists simultaneously attacked targets 
in New York, NY, and 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, 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 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 FPL 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 nor necessary at some 
sites, or may need to be tailored to accommodate the specific 
circumstances existing at FPL's facility, to achieve the intended 
objectives and avoid any unforeseen effect on the safe storage of spent 
fuel.
    Although the ASMs already implemented by licensees in response to 
the Safeguards and Threat Advisories have been sufficient to provide 
reasonable assurance of adequate protection of public health and 
safety, the Commission concludes that these actions must be 
supplemented further because the current threat environment continues 
to persist. Therefore, it is appropriate to require certain ASMs,

[[Page 29543]]

and these measures must be embodied in an Order, consistent with the 
established regulatory framework.
    To provide assurance that licensees are implementing prudent 
measures to achieve a consistent level of protection to address the 
current threat environment, licenses 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.

III

    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 Commission'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. FPL 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 FPL's security plan. FPL shall immediately 
start implementation of the requirements in Attachments 1 and 2 to the 
Order and shall complete implementation no later than 180 days from the 
date of this Order, with the exception of the ASM B.4 of Attachment 1 
[``Additional Security Measures (ASMs) for Physical Protection of Dry 
Independent Spent Fuel Storage Installations (ISFSIs)''], which shall 
be implemented no later than 365 days from the date of this Order. In 
any event, FPL shall complete implementation of all ASMs no later than 
30 days before the first day that spent fuel is scheduled to be 
initially placed in the ISFSI.
    B.1. FPL 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 FPL to 
be in violation of the provisions of any Commission regulation or the 
facility license. The notification shall provide FPL's justification 
for seeking relief from, or variation of, any specific requirement.
    2. If FPL 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, FPL 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 the Attachment 1 and/or 2 requirements in question, or a 
schedule for modifying the facility, to address the adverse safety 
condition. If neither approach is appropriate, FPL 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. FPL 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. FPL 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.
    FPL'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 
that contain Safeguards Information shall be properly marked and 
handled, in accordance with 10 CFR 73.21.
    The Director, Office of Nuclear Material Safety and Safeguards, 
may, in writing, relax or rescind any of the above conditions, for good 
cause.

IV

    In accordance with 10 CFR 2.202, FPL must, and any other person 
adversely affected by this Order may, submit an answer to this Order 
within 20 days of the date of the Order. In addition, FPL, and any 
other person adversely affected by this Order, may request a hearing on 
this Order, within 20 days of the date of the Order. 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 FPL relies 
and the reasons as to why the Order should not have been issued. If a 
person other than FPL requests a hearing, that person shall set forth, 
with particularity, the manner in which his interest is adversely 
affected by this Order, and shall address the criteria set forth in 10 
CFR 2.309(d).
    All documents filed in NRC adjudicatory proceedings, including a 
request for hearing, a petition for leave to intervene, any motion or 
other document filed in the proceeding prior to the submission of a 
request for hearing or petition to intervene, and documents filed by 
interested governmental entities participating under 10 CFR 2.315(c), 
must be filed in accordance with the NRC E-Filing rule, which the NRC 
promulgated in August 2007, 72 FR 49139 (August 28, 2007) and codified 
in pertinent part at 10 CFR Part 2, Subpart B. The E-Filing process 
requires participants to submit and serve all adjudicatory documents 
over the internet, or in some cases to mail copies on electronic 
storage media. Participants may not submit paper copies of their 
filings unless they seek a waiver in accordance with the procedures 
described below.
    To comply with the procedural requirements associated with E-
Filing, at least five (5) days before the filing deadline, the 
requestor must contact the Office of the Secretary, by e-mail, at 
Hearing.Docket@nrc.gov, or by calling (301) 415-1677, to request: (1) A 
digital ID certificate, which allows the participant (or its counsel or 
representative) to digitally sign documents and access the E-Submittal 
server for any NRC proceeding in which it is participating; and/or (2) 
creation of an electronic docket for the proceeding [even in instances 
when the requestor (or its counsel or representative) already holds an 
NRC-issued digital ID certificate]. Each requestor will need to 
download the Workplace Forms ViewerTM to access the 
Electronic Information Exchange (EIE), a component of the E-Filing 
system. The Workplace Forms ViewerTM is free and is 
available at http://www.nrc.gov/site-help/e-submittals/install-
viewer.html. Information about applying for a digital ID certificate is 
also available on NRC's public Web site at http://www.nrc.gov/site-
help/e-submittals/apply-certificates.html.
    Once a requestor has obtained a digital ID certificate, had a 
docket created, and downloaded the EIE viewer, he/she can then submit a 
request for a hearing through EIE. Submissions should be in Portable 
Document Format (PDF), in accordance with NRC guidance available on the 
NRC public Web site at http://

[[Page 29544]]

www.nrc.gov/site-help/e-submittals.html. A filing is considered 
complete at the time the filer submits its document through EIE. To be 
timely, electronic filings must be submitted to the EIE system no later 
than 11:59 p.m. Eastern Time, on the due date. On receipt of a 
transmission, the E-Filing system time-stamps the document and sends 
the submitter an e-mail notice confirming receipt of the document. The 
EIE system also distributes an e-mail 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 
document on those participants separately. Therefore, any others who 
wish to participate in the proceeding (or their counsel or 
representative) must apply for, and receive, digital ID certificates, 
before hearing requests are filed, so that they may obtain access to 
the documents via the E-Filing system.
    A person filing electronically may seek assistance through the 
``Contact-Us'' link located on the NRC Web site at http://www.nrc.gov/
site-help/e-submittals.html, or by calling the NRC technical help line, 
which is available between 8:30 a.m. and 4:15 p.m., Eastern Time, 
Monday through Friday. The help line number is (800) 397-4209 or, 
locally (301) 415-4737.
    Participants who believe that they have good cause for not 
submitting documents electronically must file motions, in accordance 
with 10 CFR 2.302(g), with their initial paper filings, requesting 
authorization to continue to submit documents in paper format. Such 
filings must be submitted by: (1) First-class mail, addressed to the 
Office of the Secretary of the Commission, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001, Attention: Rulemaking and 
Adjudications Staff; or (2) courier, express mail, or expedited 
delivery service to the Office of the Secretary, Sixteenth Floor, One 
White Flint North, 11555 Rockville Pike, Rockville, Maryland, 20852, 
Attention: Rulemaking and Adjudications Staff. Participants filing a 
document in this manner are responsible for serving the document on all 
other participants. Filing is considered complete, by first-class mail, 
as of the time of deposit in the mail, or by courier, express mail, or 
expedited delivery service on depositing the document with the provider 
of the service.
    Documents submitted in adjudicatory proceedings will appear in 
NRC's electronic hearing docket, which is available to the public at 
http://ehd.nrc.gov/EHD_Proceeding/home.asp, unless excluded pursuant 
to an order of the Commission, an Atomic Safety and Licensing Board, or 
a Presiding Officer. Participants are requested not to include personal 
privacy information, such as social security numbers, home addresses, 
or home phone numbers, in their filings. 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 works.
    If a hearing is requested by FPL 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), FPL 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 
of this Order, without further Order or proceedings. If an extension of 
time for requesting a hearing has been approved, the provisions, 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.

    For the Nuclear Regulatory Commission.

    Dated at Rockville, Maryland this 7th day of May 2008.
Michael F. Weber,
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 the Federal 
Register Notice

Attachment 2--Additional Security Measures for Access Authorization and 
Fingerprinting at Independent Spent Fuel Storage Installations, Dated 
December 19, 2007

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 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 sections 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.

B. Additional Security Measures for Access Authorization Program

    1. The licensee shall develop, implement and maintain a program, or 
enhance their 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 or 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 3 
years and, as a minimum, must include:
    i. Fingerprinting and a Federal Bureau of Investigation (FBI) 
identification and criminal history records check (CHRC).

[[Page 29545]]

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 3 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 (USCIS), 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 3 years, and/or academic enrollment and attendance in lieu of 
employment for the past 5 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 3 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 5 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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    2. No person may have access to 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 pursuant to 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 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 (3) 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

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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 which 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 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 an ISFSI, 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 by 
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.
    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 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.
    3. Fees for processing fingerprint checks are due upon application. 
The licensee shall submit payment of the processing fees 
electronically. In order 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 e-mail to det@nrc.gov. The e-mail must include the licensee's 
company name, address, point of contact (POC), POC e-mail 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 licensees have 
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 Facilities Security Branch, Division 
of Facilities and Security, at (301) 415-7739. Combined payment for 
multiple applications is acceptable. The application fee (currently 
$36) 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 
criminal history records checks, 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 ten (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 upon 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 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 
criminal history record check may be transferred to another licensee if 
the gaining licensee receives the individual's written request to re-
disseminate the information

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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. E8-11346 Filed 5-20-08; 8:45 am]
BILLING CODE 7590-01-P