In the Matter of Detroit Edison Company; Fermi Power Plant; Independent Spent Fuel Installation; Order Modifying License (Effective Immediately), 17890-17895 [E9-8827]
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17890
Federal Register / Vol. 74, No. 73 / Friday, April 17, 2009 / Notices
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 an 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.
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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.
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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
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. E9–8826 Filed 4–16–09; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 72–7; EA–09–072; NRC–2009–
0169]
In the Matter of Detroit Edison
Company; Fermi Power Plant;
Independent Spent Fuel Installation;
Order Modifying License (Effective
Immediately)
AGENCY: Nuclear Regulatory
Commission.
ACTION: Issuance of Order for
Implementation of Additional Security
Measures and Fingerprinting for
Unescorted Access to Detroit Edison
Company.
FOR FURTHER INFORMATION CONTACT: L.
Raynard Wharton, Senior Project
Manager, Licensing and Inspection
Directorate, Division of Spent Fuel
Storage and Transportation, Office of
Nuclear Material Safety and Safeguards
(NMSS), U.S. Nuclear Regulatory
Commission (NRC), Rockville, MD
20852. Telephone: (301) 492–3316; fax
number: (301) 492–3348; e-mail:
LRaynard.Wharton@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
Pursuant to 10 CFR 2.106, NRC (or the
Commission) is providing notice, in the
matter of Fermi Power Plant
Independent Spent Fuel Storage
Installation (ISFSI) Order Modifying
License (Effective Immediately).
II. Further Information
I
NRC has issued a general license to
Detroit Edison Company (DTE),
authorizing the operation of an ISFSI, in
accordance with the Atomic Energy Act
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of 1954, as amended, and Title 10 of the
Code of Federal Regulations (10 CFR)
Part 72. This Order is being issued to
DTE, 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), 10
CFR 50.54(p)(1), and 10 CFR 73.55(c)(5)
require DTE to maintain safeguards
contingency plan procedures to respond
to threats of radiological sabotage and to
protect the spent fuel against the threat
of radiological sabotage, in accordance
with 10 CFR Part 73, Appendix C.
Specific physical security requirements
are contained in 10 CFR 73.51 or 73.55,
as applicable.
Inasmuch as an insider has an
opportunity equal to, or greater than,
any other person, to commit radiological
sabotage, the Commission has
determined these measures to be
prudent. Comparable Orders have been
issued to all licensees that currently
store spent fuel or have identified 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’
capabilities and readiness to respond to
a potential attack on a nuclear facility.
On October 16, 2002, the Commission
issued Orders to the licensees of
operating ISFSIs, to place the actions
taken in response to the Advisories into
the established regulatory framework
and to implement additional security
enhancements that emerged from NRC’s
ongoing comprehensive review. The
Commission has also communicated
with other Federal, State, and local
government agencies and industry
representatives to discuss and evaluate
the current threat environment in order
to assess the adequacy of security
measures at licensed facilities. In
addition, the Commission has
conducted a comprehensive review of
its safeguards and security programs
and requirements.
As a result of its consideration of
current safeguards and security
requirements, as well as a review of
information provided by the intelligence
community, the Commission has
determined that certain additional
security measures (ASMs) are required
to address the current threat
environment, in a consistent manner
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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, the environment, 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
licensees may have already initiated
many of the measures set forth in
Attachments 1 and 2 to this Order, in
response to previously issued
advisories, or on their own. It also
recognizes that some measures may not
be possible nor necessary at some sites,
or may need to be tailored to
accommodate the specific
circumstances existing at DTE’s facility,
to achieve the intended objectives and
avoid any unforeseen effect on the safe
storage of spent fuel.
Although the ASMs implemented by
licensees in response to the Safeguards
and Threat Advisories have been
sufficient to provide reasonable
assurance of adequate protection of
public health and safety, the
Commission concludes that these
actions must be embodied in a legally
binding order because the current threat
environment continues to persist.
Therefore, it is appropriate to require
through this Order, certain ASMs,
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.
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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:
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A. DTE shall comply with the
requirements described in Attachments
1 and 2 to this Order, except to the
extent that a more stringent requirement
is set forth in the Fermi Power Plant’s
reactor physical security plan. DTE 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, DTE shall complete
implementation of all ASMs before the
first day that spent fuel is initially
placed in the ISFSI.
B. 1. DTE 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 DTE to be in
violation of the provisions of any
Commission regulation or the facility
license. The notification shall provide
DTE’s justification for seeking relief
from, or variation of, any specific
requirement.
2. If DTE 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,
DTE must notify the Commission,
within twenty (20) days of this Order, of
the adverse safety impact, the basis for
its determination that the requirement
has an adverse safety impact, and either
a proposal for achieving the same
objectives specified in Attachments 1
and 2 requirements in question, or a
schedule for modifying the facility, to
address the adverse safety condition. If
neither approach is appropriate, DTE
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. DTE 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. DTE shall report to the Commission
when it has achieved full compliance
with the requirements described in
Attachments 1 and 2.
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D. All measures implemented or
actions taken in response to this Order
shall be maintained until the
Commission determines otherwise.
DTE’s response to Conditions B.1, B.2,
C.1, and C.2, above, shall be submitted
in accordance with 10 CFR 72.4. In
addition, submittals and documents
produced by DTE as a result of this
Order, that contain Safeguards
Information as defined by 10 CFR 73.22,
shall be properly marked and handled,
in accordance with 10 CFR 73.21 and
73.22.
The Director, Office of Nuclear
Material Safety and Safeguards, may, in
writing, relax or rescind any of the
above conditions, for good cause.
IV
In accordance with 10 CFR 2.202,
DTE 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, DTE 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 DTE
relies and the reasons as to why the
Order should not have been issued. If a
person other than DTE 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 before
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 NRC
promulgated in August 2007, 72 Fed.
Reg. 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
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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 prior to the filing
deadline the requestor must contact the
Office of the Secretary by e-mail at
hearingdocket@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 https://www.nrc.gov/sitehelp/e-submittals/install-viewer.html.
Information about applying for a digital
ID certificate also is available on NRC’s
public Web site at https://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 https://
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. Upon
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 a
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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 https://www.nrc.gov/site-help/esubmittals.html, or by calling the NRC
Meta-System Help Desk, which is
available between 8 a.m. and 8 p.m.,
Eastern Time, Monday through Friday,
excluding government holidays. The
Meta-System Help Desk can be
contacted by telephone at 1–866–672–
7640 or by e-mail at
MSHD.Resource@nrc.gov.
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 upon
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 https://
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 DTE 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
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shall be whether this Order should be
sustained.
Pursuant to 10 CFR 2.202(c)(2)(i), DTE
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.
Dated at Rockville, Maryland, this 7th day
of April 2009.
For the Nuclear Regulatory Commission.
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.
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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 three
years and, as a minimum, must include:
i. Fingerprinting and a Federal Bureau
of Investigation (FBI) identification and
criminal history records check (CHRC).
Where an applicant for unescorted
access has been previously fingerprinted
with a favorably completed CHRC (such
as a CHRC pursuant to compliance with
orders for access to safeguards
information), the licensee may accept
the results of that CHRC, and need not
submit another set of fingerprints,
provided the CHRC was completed not
more than three years from the date of
the application for unescorted access.
ii. Verification of employment with
each previous employer for the most
recent year from the date of application.
iii. Verification of employment with
an employer of the longest duration
during any calendar month for the
remaining next most recent two years.
iv. A full credit history review.
v. An interview with not less than two
character references, developed by the
investigator.
vi. A review of official identification
(e.g., driver’s license, passport,
government identification, state,
province, or country of birth-issued
certificate of birth) to allow comparison
of personal information data provided
by the applicant. The licensee shall
maintain a photocopy of the identifying
document(s) on file, in accordance with
‘‘Protection of Information,’’ 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
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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, and
academic enrollment and attendance in
lieu of employment, for the past five
years.
c. Licensees need not conduct an
independent investigation for
individuals employed at a facility who
possess active ‘‘Q’’ or ‘‘L’’ clearances or
possess another active U.S. Government
granted security clearance, i.e., Top
Secret, Secret or Confidential.
d. A review of the applicant’s
criminal history, obtained from local
criminal justice resources, may be
included in addition to the FBI CHRC,
and is encouraged if the results of the
FBI CHRC, employment check, or credit
check disclose derogatory information.
The scope of the applicant’s local
criminal history check shall cover all
residences of record for the past three
years from the date of the application
for unescorted access.
2. The licensee shall use any
information obtained as part of a CHRC
solely for the purpose of determining an
individual’s suitability for unescorted
access to the protected area of an ISFSI.
3. The licensee shall document the
basis for its determination for granting
or denying access to the protected area
of an ISFSI.
4. The licensee shall develop,
implement, and maintain procedures for
updating background investigations for
persons who are applying for
reinstatement of unescorted access.
Licensees need not conduct an
independent reinvestigation for
individuals who possess active ‘‘Q’’ or
‘‘L’’ clearances or possess another active
U.S. Government granted security
clearance, i.e., Top Secret, Secret or
Confidential.
5. The licensee shall develop,
implement, and maintain procedures for
reinvestigations of persons granted
unescorted access, at intervals not to
exceed five years. Licensees need not
conduct an independent reinvestigation
for individuals employed at a facility
who possess active ‘‘Q’’ or ‘‘L’’
clearances or possess another active
U.S. Government granted security
clearance, i.e., Top Secret, Secret or
Confidential.
6. The licensee shall develop,
implement, and maintain procedures
designed to ensure that persons who
have been denied unescorted access
authorization to the facility are not
allowed access to the facility, even
under escort.
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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.
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
1 The NRC’s determination of this individual’s
unescorted access to the ISFSI, in accordance with
the process is an administrative determination that
is outside the scope of the Order.
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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.
mstockstill on PROD1PC66 with NOTICES
D. Prohibitions
1. A licensee shall not base a final
determination to deny an individual
unescorted access to the protected area
of an ISFSI solely on the basis of
information received from the FBI
involving: an arrest more than one (1)
year old for which there is no
information of the disposition of the
case, or an arrest that resulted in
dismissal of the charge or an acquittal.
2. A licensee shall not use
information received from a CHRC
obtained pursuant to this Order in a
manner that would infringe upon the
rights of any individual under the First
Amendment to the Constitution of the
United States, nor shall the licensee use
the information in any way 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 TWB–
05–B32M, 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) 492–
VerDate Nov<24>2008
16:13 Apr 16, 2009
Jkt 217001
3524, 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 re-submission.
If additional submissions are necessary,
they will be treated as initial submittals
and will require a second payment of
the processing fee.
3. Fees for processing fingerprint
checks are due upon application. The
licensee shall submit payment of the
processing fees electronically. 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 email to det@nrc.gov. The e-mail must
include the licensee’s company name,
address, point of contact (POC), POC email address, and phone number. The
NRC will forward the request to
Pay.Gov; who will contact the licensee
with a password and user ID. 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.
PO 00000
Frm 00081
Fmt 4703
Sfmt 4703
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
E:\FR\FM\17APN1.SGM
17APN1
Federal Register / Vol. 74, No. 73 / Friday, April 17, 2009 / Notices
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
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. E9–8827 Filed 4–16–09; 8:45 am]
BILLING CODE 7590–01–P
RAILROAD RETIREMENT BOARD
mstockstill on PROD1PC66 with NOTICES
Proposed Collection; Comment
Request
SUMMARY: In accordance with the
requirement of Section 3506(c)(2)(A) of
the Paperwork Reduction Act of 1995
which provides opportunity for public
comment on new or revised data
collections, the Railroad Retirement
Board (RRB) will publish periodic
summaries of proposed data collections.
Comments are invited on: (a) Whether
the proposed information collection is
necessary for the proper performance of
the functions of the agency, including
whether the information has practical
utility; (b) the accuracy of the RRB’s
estimate of the burden of the collection
of the information; (c) ways to enhance
the quality, utility, and clarity of the
information to be collected; and (d)
ways to minimize the burden related to
VerDate Nov<24>2008
16:13 Apr 16, 2009
Jkt 217001
the collection of information on
respondents, including the use of
automated collection techniques or
other forms of information technology.
1. Title and purpose of information
collection: Employee Representative’s
Status and Compensation Reports; OMB
3220–0014.
Under Section 1(b)(1) of the Railroad
Retirement Act (RRA), the term
‘‘employee’’ includes an individual who
is an employee representative. As
defined in Section 1(c) of the RRA, an
employee representative is an officer or
official representative of a railway labor
organization other than a labor
organization included in the term
‘‘employer,’’ as defined in the RRA, who
before or after August 29, 1935, was in
the service of an employer under the
RRA and who is duly authorized and
designated to represent employees in
accordance with the Railway Labor Act,
or, any individual who is regularly
assigned to or regularly employed by
such officer or official representative in
connection with the duties of his or her
office. The requirements relating to the
application for employee representative
status and the periodic reporting of the
compensation resulting from such status
is contained in 20 CFR 209.10.
The RRB utilizes Forms DC–2a,
Employee Representative’s Status
Report, and DC–2, Employee
Representative’s Report of
Compensation, to obtain the information
needed to determine employee
representative status and to maintain a
record of creditable service and
compensation resulting from such
status. Completion is required to obtain
or retain a benefit. One response is
requested of each respondent.
No changes are proposed to Form DC–
2a and Form DC–2. The completion
time for Form DC–2 is estimated at 30
minutes per response. The RRB
estimates that approximately 65 Form
DC–2’s are completed annually. The
RRB estimates that less than 10 Form
DC–2a’s are completed annually.
2. Title and purpose of information
collection: Nonresident Questionnaire;
OMB 3220–0145.
Under Public Laws 98–21 and 98–76,
benefits under the Railroad Retirement
Act payable to annuitants living outside
the United States may be subject to
taxation under United States income tax
laws. Whether the social security
equivalent and non-social security
equivalent portions of Tier I, Tier II,
vested dual benefit, or supplemental
annuity payments are subject to tax
withholding, and whether the same or
different rates are applied to each
payment, depends on a beneficiary’s
citizenship and legal residence status,
PO 00000
Frm 00082
Fmt 4703
Sfmt 4703
17895
and whether exemption under a tax
treaty between the United States and the
country in which the beneficiary is a
legal resident has been claimed. To
effect the tax withholding, the Railroad
Retirement Board (RRB) needs to know
a nonresident’s citizenship and legal
residence status.
To secure the required information,
the RRB utilizes Form RRB–1001,
Nonresident Questionnaire, as a
supplement to an application as part of
the initial application process, and as an
independent vehicle for obtaining the
needed information when an
annuitant’s residence or tax treaty status
changes. Completion is voluntary. One
response is requested of each
respondent.
The RRB estimates that 1,300 Form
RRB–1001’s are completed annually.
The completion time for Form RRB–
1001 is estimated at 30 minutes. No
changes are proposed to Form RRB–
1001.
Additional Information or Comments:
To request more information or to
obtain a copy of the information
collection justification, forms, and/or
supporting material, please call the RRB
Clearance Officer at (312) 751–3363.
Comments regarding the information
collection should be addressed to
Ronald J. Hodapp, Railroad Retirement
Board, 844 North Rush Street, Chicago,
Illinois 60611–2092. Written comments
should be received within 60 days of
this notice.
Charles Mierzwa,
Clearance Officer.
[FR Doc. E9–8817 Filed 4–16–09; 8:45 am]
BILLING CODE 7905–01–P
SMALL BUSINESS ADMINISTRATION
Reporting and Recordkeeping
Requirements Under OMB Review
Small Business Administration.
Notice of reporting requirements
submitted for OMB Review.
AGENCY:
ACTION:
SUMMARY: Under the provisions of the
Paperwork Reduction Act (44 U.S.C.
Chapter 35), agencies are required to
submit proposed reporting and
recordkeeping requirements to OMB for
review and approval, and to publish a
notice in the Federal Register notifying
the public that the agency has made
such a submission.
DATES: Submit comments on or before
May 18, 2009. If you intend to comment
but cannot prepare comments promptly,
please advise the OMB Reviewer and
the Agency Clearance Officer before the
deadline.
E:\FR\FM\17APN1.SGM
17APN1
]]>Agencies
[Federal Register Volume 74, Number 73 (Friday, April 17, 2009)]
[Notices]
[Pages 17890-17895]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-8827]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket No. 72-7; EA-09-072; NRC-2009-0169]
In the Matter of Detroit Edison Company; Fermi Power Plant;
Independent Spent Fuel Installation; Order Modifying License (Effective
Immediately)
AGENCY: Nuclear Regulatory Commission.
ACTION: Issuance of Order for Implementation of Additional Security
Measures and Fingerprinting for Unescorted Access to Detroit Edison
Company.
-----------------------------------------------------------------------
FOR FURTHER INFORMATION CONTACT: L. Raynard Wharton, Senior Project
Manager, Licensing and Inspection Directorate, Division of Spent Fuel
Storage and Transportation, Office of Nuclear Material Safety and
Safeguards (NMSS), U.S. Nuclear Regulatory Commission (NRC), Rockville,
MD 20852. Telephone: (301) 492-3316; fax number: (301) 492-3348; e-
mail: LRaynard.Wharton@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
Pursuant to 10 CFR 2.106, NRC (or the Commission) is providing
notice, in the matter of Fermi Power Plant Independent Spent Fuel
Storage Installation (ISFSI) Order Modifying License (Effective
Immediately).
II. Further Information
I
NRC has issued a general license to Detroit Edison Company (DTE),
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 DTE, 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), 10 CFR 50.54(p)(1), and 10 CFR
73.55(c)(5) require DTE to maintain safeguards contingency plan
procedures to respond to threats of radiological sabotage and to
protect the spent fuel against the threat of radiological sabotage, in
accordance with 10 CFR Part 73, Appendix C. Specific physical security
requirements are contained in 10 CFR 73.51 or 73.55, as applicable.
Inasmuch as an insider has an opportunity equal to, or greater
than, any other person, to commit radiological sabotage, the Commission
has determined these measures to be prudent. Comparable Orders have
been issued to all licensees that currently store spent fuel or have
identified near-term plans to store spent fuel in an ISFSI.
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 in order to assess the adequacy of security measures at
licensed facilities. In addition, the Commission has conducted a
comprehensive review of its safeguards and security programs and
requirements.
As a result of its consideration of current safeguards and security
requirements, as well as a review of information provided by the
intelligence community, the Commission has determined that certain
additional security measures (ASMs) are required to address the current
threat environment, in a consistent manner
[[Page 17891]]
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,
the environment, 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 licensees may have already initiated
many of the measures set forth in Attachments 1 and 2 to this Order, in
response to previously issued advisories, or on their own. It also
recognizes that some measures may not be possible nor necessary at some
sites, or may need to be tailored to accommodate the specific
circumstances existing at DTE's facility, to achieve the intended
objectives and avoid any unforeseen effect on the safe storage of spent
fuel.
Although the ASMs implemented by licensees in response to the
Safeguards and Threat Advisories have been sufficient to provide
reasonable assurance of adequate protection of public health and
safety, the Commission concludes that these actions must be embodied in
a legally binding order because the current threat environment
continues to persist. Therefore, it is appropriate to require through
this Order, certain ASMs, 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. DTE shall comply with the requirements described in Attachments
1 and 2 to this Order, except to the extent that a more stringent
requirement is set forth in the Fermi Power Plant's reactor physical
security plan. DTE 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, DTE shall
complete implementation of all ASMs before the first day that spent
fuel is initially placed in the ISFSI.
B. 1. DTE 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 DTE to
be in violation of the provisions of any Commission regulation or the
facility license. The notification shall provide DTE's justification
for seeking relief from, or variation of, any specific requirement.
2. If DTE 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, DTE must notify the Commission, within
twenty (20) days of this Order, of the adverse safety impact, the basis
for its determination that the requirement has an adverse safety
impact, and either a proposal for achieving the same objectives
specified in Attachments 1 and 2 requirements in question, or a
schedule for modifying the facility, to address the adverse safety
condition. If neither approach is appropriate, DTE 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. DTE 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. DTE 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.
DTE's response to Conditions B.1, B.2, C.1, and C.2, above, shall
be submitted in accordance with 10 CFR 72.4. In addition, submittals
and documents produced by DTE as a result of this Order, that contain
Safeguards Information as defined by 10 CFR 73.22, shall be properly
marked and handled, in accordance with 10 CFR 73.21 and 73.22.
The Director, Office of Nuclear Material Safety and Safeguards,
may, in writing, relax or rescind any of the above conditions, for good
cause.
IV
In accordance with 10 CFR 2.202, DTE 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, DTE 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 DTE relies
and the reasons as to why the Order should not have been issued. If a
person other than DTE 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 before 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 NRC
promulgated in August 2007, 72 Fed. Reg. 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
[[Page 17892]]
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 prior to the filing deadline the
requestor must contact the Office of the Secretary by e-mail at
hearingdocket@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 https://www.nrc.gov/site-help/e-submittals/install-viewer.html. Information about applying for a digital ID certificate
also is available on NRC's public Web site at https://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 https://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. Upon 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 a 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 https://www.nrc.gov/site-help/e-submittals.html, or by calling the NRC Meta-System Help
Desk, which is available between 8 a.m. and 8 p.m., Eastern Time,
Monday through Friday, excluding government holidays. The Meta-System
Help Desk can be contacted by telephone at 1-866-672-7640 or by e-mail
at MSHD.Resource@nrc.gov.
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 upon 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
https://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 DTE 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), DTE 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.
Dated at Rockville, Maryland, this 7th day of April 2009.
For the Nuclear Regulatory Commission.
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.
[[Page 17893]]
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 three
years and, as a minimum, must include:
i. Fingerprinting and a Federal Bureau of Investigation (FBI)
identification and criminal history records check (CHRC). Where an
applicant for unescorted access has been previously fingerprinted with
a favorably completed CHRC (such as a CHRC pursuant to compliance with
orders for access to safeguards information), the licensee may accept
the results of that CHRC, and need not submit another set of
fingerprints, provided the CHRC was completed not more than three years
from the date of the application for unescorted access.
ii. Verification of employment with each previous employer for the
most recent year from the date of application.
iii. Verification of employment with an employer of the longest
duration during any calendar month for the remaining next most recent
two years.
iv. A full credit history review.
v. An interview with not less than two character references,
developed by the investigator.
vi. A review of official identification (e.g., driver's license,
passport, government identification, state, province, or country of
birth-issued certificate of birth) to allow comparison of personal
information data provided by the applicant. The licensee shall maintain
a photocopy of the identifying document(s) on file, in accordance with
``Protection of Information,'' 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, and
academic enrollment and attendance in lieu of employment, for the past
five years.
c. Licensees need not conduct an independent investigation for
individuals employed at a facility who possess active ``Q'' or ``L''
clearances or possess another active U.S. Government granted security
clearance, i.e., Top Secret, Secret or Confidential.
d. A review of the applicant's criminal history, obtained from
local criminal justice resources, may be included in addition to the
FBI CHRC, and is encouraged if the results of the FBI CHRC, employment
check, or credit check disclose derogatory information. The scope of
the applicant's local criminal history check shall cover all residences
of record for the past three years from the date of the application for
unescorted access.
2. The licensee shall use any information obtained as part of a
CHRC solely for the purpose of determining an individual's suitability
for unescorted access to the protected area of an ISFSI.
3. The licensee shall document the basis for its determination for
granting or denying access to the protected area of an ISFSI.
4. The licensee shall develop, implement, and maintain procedures
for updating background investigations for persons who are applying for
reinstatement of unescorted access. Licensees need not conduct an
independent reinvestigation for individuals who possess active ``Q'' or
``L'' clearances or possess another active U.S. Government granted
security clearance, i.e., Top Secret, Secret or Confidential.
5. The licensee shall develop, implement, and maintain procedures
for reinvestigations of persons granted unescorted access, at intervals
not to exceed five years. Licensees need not conduct an independent
reinvestigation for individuals employed at a facility who possess
active ``Q'' or ``L'' clearances or possess another active U.S.
Government granted security clearance, i.e., Top Secret, Secret or
Confidential.
6. The licensee shall develop, implement, and maintain procedures
designed to ensure that persons who have been denied unescorted access
authorization to the facility are not allowed access to the facility,
even under escort.
7. The licensee shall develop, implement, and maintain an audit
program for licensee and contractor/vendor access authorization
programs that evaluate all program elements and include a person
knowledgeable and practiced in access authorization program performance
objectives to assist in the overall assessment of the site's program
effectiveness.
C. Fingerprinting Program Requirements
1. In a letter to the NRC, the licensee must nominate an individual
who will review the results of the FBI CHRCs to make trustworthiness
and reliability determinations for unescorted access to an ISFSI. This
individual, referred to as the ``reviewing official,'' must be someone
who requires unescorted access to the ISFSI. The NRC will review the
CHRC of any individual nominated to perform the reviewing official
function. Based on the results of the CHRC, the NRC staff will
determine whether this individual may have access. If the NRC
determines that the nominee may not be granted such access, that
individual will be prohibited from obtaining access.\1\ Once the NRC
approves a reviewing official, the reviewing official is the only
individual permitted to make access determinations for other
individuals who have been identified by the licensee as having the need
for unescorted access to the ISFSI, and have been fingerprinted and
have had a CHRC in accordance with these ASMs. The reviewing official
can only make access determinations for other individuals, and
therefore cannot approve other individuals to act as reviewing
officials. Only the NRC can approve a reviewing official. Therefore, if
the licensee wishes to have a new or additional reviewing official, the
NRC must approve that individual before he or she can act in the
capacity of a reviewing official.
---------------------------------------------------------------------------
\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
[[Page 17894]]
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 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 TWB-05-B32M, 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) 492-3524, 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 re-submission. If
additional submissions are necessary, they will be treated as initial
submittals and will require a second payment of the processing fee.
3. Fees for processing fingerprint checks are due upon application.
The licensee shall submit payment of the processing fees
electronically. 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 ID. 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
[[Page 17895]]
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 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. E9-8827 Filed 4-16-09; 8:45 am]
BILLING CODE 7590-01-P
