In the Matter of: Licensees Authorized To Possess Radioactive Material Quantities of Concern; Order Imposing Increased Controls (Effective Immediately), 66168-66173 [E9-29654]
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Federal Register / Vol. 74, No. 238 / Monday, December 14, 2009 / Notices
555, Health and Human Services security risk
assessments for possession and use of select
agents and toxins in accordance with 42 CFR
Part 73, Hazardous Material security threat
assessment for hazardous material
endorsement to commercial drivers license in
accordance with 49 CFR Part 1572, Customs
and Border Patrol’s Free and Secure Trade
Program 1) within the last five (5) calendar
years, or any person who has an active
federal security clearance (provided in the
latter two cases that they make available the
appropriate documentation 2). Written
confirmation from the Agency/employer
which granted the federal security clearance
or reviewed the FBI criminal history records
results based upon a fingerprint
identification check must be provided. The
Licensee must retain this documentation for
a period of three (3) years from the date the
individual no longer requires unescorted
access to certain radioactive material
associated with the Licensee’s activities.
4. All fingerprints obtained by the Licensee
pursuant to this Order must be submitted to
the Commission for transmission to the FBI.
Additionally, the Licensee shall submit a
certification of the trustworthiness and
reliability of the T&R Official as determined
in accordance with paragraph B.2 of this
Order. The Licensee shall review the
information received from the FBI and
consider it, in conjunction with the
trustworthiness and reliability requirements
of the IC Order, in making a determination
whether to grant unescorted access to certain
radioactive materials.
5. The Licensee shall use any information
obtained as part of a criminal history records
check solely for the purpose of determining
an individual’s suitability for unescorted
access to risk significant radioactive
materials equal to or greater than the
quantities listed in Attachment B.
6. The Licensee shall document the basis
for its determination whether to grant, or
continue to allow unescorted access to risk
significant radioactive materials equal to or
greater than the quantities listed in
Attachment B.
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Prohibitions
A Licensee shall not base a final
determination to deny an individual
unescorted access to certain radioactive
material 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.
1 The FAST program is a cooperative effort
between the Bureau of Customs and Border Patrol
and the governments of Canada and Mexico to
coordinate processes for the clearance of
commercial shipments at the U.S.-Canada and U.S.Mexico borders. Participants in the FAST program,
which requires successful completion of a
background records check, may receive expedited
entrance privileges at the northern and southern
borders.
2 This documentation must allow the T&R Official
to verify that the individual has fulfilled the
unescorted access requirements of Section 149 of
the AEA by submitting to fingerprinting and an FBI
identification and criminal history records check.
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A Licensee shall not use information
received from a criminal history check
obtained pursuant to this Order in a manner
that would infringe upon the rights of any
individual under the First Amendment to the
Constitution of the United States, nor shall
the Licensee use the information in any way
which would discriminate among
individuals on the basis of race, religion,
national origin, sex, or age.
Right To Correct and Complete Information
Prior to any final adverse determination,
the Licensee shall make available to the
individual the contents of any criminal
records obtained from the FBI for the purpose
of assuring correct and complete information.
Written confirmation by the individual of
receipt of this notification must be
maintained by the Licensee for a period of
one (1) year from the date of the notification.
If, after reviewing the record, an individual
believes that 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 Federal Bureau of
Investigation, Criminal Justice Information
Services (CJIS) Division, ATTN: SCU,
Mod.D–2, 1000 Custer Hollow Road,
Clarksburg, WV 26306 (as set forth in 28 CFR
Part 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
CJIS 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 identification and criminal history
records check after the record is made
available for his/her review. The Licensee
may make a final unescorted access to certain
radioactive material 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 unescorted access to
certain radioactive material, the Licensee
shall provide the individual its documented
basis for denial. Unescorted access to certain
radioactive material shall not be granted to
an individual during the review process.
Protection of Information
1. 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.
2. 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
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who have a need to access the information
in performing assigned duties in the process
of determining unescorted access to certain
radioactive material. No individual
authorized to have access to the information
may re-disseminate the information to any
other individual who does not have a needto-know.
3. The personal information obtained on an
individual from a criminal history record
check may be transferred to another Licensee
if the Licensee holding the criminal history
record check 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.
4. 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.
5. The Licensee shall retain all fingerprint
and criminal history records from the FBI, or
a copy if the individual’s file has been
transferred, for three (3) years after
termination of employment or determination
of unescorted access to certain radioactive
material (whether unescorted access was
approved or denied). After the required three
(3) year period, these documents shall be
destroyed by a method that will prevent
reconstruction of the information in whole or
in part.
[FR Doc. E9–29653 Filed 12–11–09; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[EA–09–204; NRC–2009–0543]
In the Matter of: Licensees Authorized
To Possess Radioactive Material
Quantities of Concern; Order Imposing
Increased Controls (Effective
Immediately)
I
The Licensees identified in
Attachment A to this Order hold
licenses issued in accordance with the
Atomic Energy Act of 1954 by the U.S.
Nuclear Regulatory Commission (NRC
or Commission) authorizing them to
possess certain quantities of radioactive
material of concern. Under NRC
regulations, Licensees must take
measures to ensure the security and
control of such material. Among these
regulations, 10 CFR 20.1801 requires
Licensees to secure from unauthorized
removal or access licensed materials
that are stored in controlled or
unrestricted areas, while 10 CFR
20.1802 requires Licensees to control
and maintain constant surveillance of
licensed material that is in a controlled
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or unrestricted area and that is not in
storage.
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II
Prior to the terrorist attacks of
September 11, 2001 (9/11), several
national and international efforts were
underway to address the potentially
significant health and safety hazards
posed by uncontrolled sources. These
efforts recognized the need for increased
control of high-risk radioactive
materials to prevent both inadvertent
and intentional unauthorized access,
primarily due to the potential health
and safety hazards posed by the
uncontrolled material. Following 9/11,
it was recognized that these efforts
should also include a heightened
awareness and focus on the need to
prevent intentional unauthorized access
due to potential malicious acts. These
efforts, such as the International Atomic
Energy Agency Code of Conduct on the
Safety and Security of Radioactive
Sources concerning Category 1 and 2
sources, sought to increase the control
over sources in order to prevent both
unintended radiation exposure and
malicious acts.
A Licensee’s loss of control of highrisk radioactive sources, whether it be
inadvertent or through a deliberate act,
has the potential to result in significant
adverse health impacts and could
reasonably constitute a threat to the
public health and safety. For this
reason, the Commission has determined
that Licensees must implement certain
additional controls in order to ensure
adequate protection of, and minimize
danger to, public health and safety.
These additional controls supplement
existing requirements in the NRC’s
regulations, including the requirements
in 10 CFR 20.1801 and 10 CFR 20.1802.
The Commission is imposing the
requirements set forth in Attachment C
on decommissioning reactor Licensees
who possess, or who plan to acquire in
the near future, radionuclides of
concern at or above threshold limits
identified in Table 1. These
requirements will remain in effect until
the Commission modifies its regulations
to reflect increased controls.
The Commission recognizes that
Licensees may have already initiated
many controls set forth in Attachment C
to this Order in response to previously
issued advisories or on their own
initiative. The Commission also
recognizes that some controls may not
be possible or necessary at some sites,
and that certain controls may need to be
tailored to accommodate the Licensees’
specific circumstances, achieve the
intended objectives, and avoid any
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unforeseen adverse effect on the safe use
and storage of licensed material.
To provide assurance that the
Licensees are implementing prudent
measures to achieve a consistent level of
control, all Licensees who hold licenses
issued by the NRC authorizing
possession of radioactive material
quantities of concern, as listed in Table
1, ‘‘Radionuclides of Concern’’
(Attachment B, Table 1), shall
implement the requirements identified
in Attachment C to this Order. In
addition, pursuant to 10 CFR 2.202,
because of the potentially significant
adverse health impacts associated with
failure to control high-risk radioactive
sources, the NRC finds that the public
health, safety, and interest require that
this Order be effective immediately.
III
Accordingly, pursuant to Sections 81,
161b, 161i, 161o, 182 and 186 of the
Atomic Energy Act of 1954, as amended,
and the Commission’s regulations,
including regulations in 10 CFR Parts 2,
20, 30, 33, 40 and 50, IT IS HEREBY
ORDERED, EFFECTIVE IMMEDIATELY,
THAT ALL LICENSEES IDENTIFIED IN
ATTACHMENT A TO THIS ORDER
SHALL COMPLY WITH THE
REQUIREMENTS OF THIS ORDER AS
FOLLOWS:
A. The Licensee shall comply with
the requirements described in
Attachment C to this Order. The
Licensee shall complete implementation
within ninety (90) days of the date of
this Order, or the first day that
radionuclides of concern at or above
threshold limits, identified in Table 1,
are possessed, whichever occurs later.
B.1. The Licensee shall in writing,
within twenty-five (25) days of the date
of this Order, notify the Commission, (1)
if it is unable to comply with any of the
requirements described in Attachment
C, (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 the Licensee
to be in violation of the provisions of
any Commission regulation or its
license. The notification shall provide
the Licensee’s justification for seeking
relief from or variation of any specific
requirement.
B.2. If the Licensee considers that
implementation of any of the
requirements described in Attachment C
to this Order would adversely impact
safe operation of the facility, the
Licensee must notify the Commission,
in writing, within twenty-five (25) days
of this Order, of the adverse safety
impact, the basis for its determination
that the requirement has an adverse
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66169
safety impact, and either a proposal for
achieving the same objectives specified
in the Attachment C requirement in
question, or a schedule for modifying
the facility to address the adverse safety
condition. If neither approach is
appropriate, the Licensee 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 in Condition
B.1.
C.1. The Licensee shall, within
twenty-five (25) days of the date of this
Order, submit to the Commission a
schedule for completion of each
requirement described in Attachment C.
C.2. The Licensee shall report to the
Commission when it has achieved full
compliance with the requirements
described in Attachment C.
D. Notwithstanding any provisions of
the Commission’s regulations to the
contrary, all measures implemented or
actions taken in response to this Order
shall be maintained until the
Commission modifies its regulations to
reflect increased controls.
E. These requirements do not apply to
radioactive material contained in spent
nuclear fuel.
Licensee responses to Conditions B.1,
B.2, C.1, and C.2 above shall be
submitted to the Director, Division of
Waste Management and Environmental
Protection, Office of Federal and State
Materials and Environmental
Management Programs, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555. In addition, Licensee’s
responses shall be marked as ‘‘Withhold
From Public Disclosure Under 10 CFR
2.390.’’
The Director, Division of Waste
Management and Environmental
Protection, Office of Federal and State
Materials and Environmental Programs,
may, in writing, relax or rescind any of
the above conditions upon
demonstration by the Licensee of good
cause.
IV
In accordance with 10 CFR 2.202, the
Licensee must, and any other person
adversely affected by this Order may,
submit an answer to this Order, and
may request a hearing on this Order,
within twenty five (25) days of the date
of this Order. If a person other than the
Licensee 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). Where good cause is
shown, consideration will be given to
extending the time to request a hearing.
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A request for extension of time in which
to submit an answer must be made in
writing to the Director, Division of
Waste Management and Environmental
Protection, Office of Federal and State
Materials and Environmental Programs,
U.S. Nuclear Regulatory Commission,
Washington, DC 20555, and include a
statement of good cause for the
extension. The answer may consent to
this Order. Unless the answer consents
to this Order, the answer shall, in
writing and under oath or affirmation,
specifically set forth the matters of fact
and law on which the Licensee or other
person adversely affected relies and the
reasons as to why the Order should not
have been issued. Any answer shall be
submitted to the Secretary, Office of the
Secretary of the Commission, U.S.
Nuclear Regulatory Commission, ATTN:
Rulemakings and Adjudications Staff,
Washington, DC 20555. Copies also
shall be sent to the Director, Division of
Waste Management and Environmental
Protection, Office of Federal and State
Materials and Environmental Programs,
U.S. Nuclear Regulatory Commission,
Washington, DC 20555, to the Assistant
General Counsel for Materials Litigation
and Enforcement at the same address,
and to the Licensee if the answer is by
a person other than the Licensee.
Because of possible disruptions in
delivery of mail to United States
Government offices, it is requested that
answers be transmitted to the Secretary
of the Commission either by means of
facsimile transmission to 301–415–1101
and also to the Office of the General
Counsel either by means of facsimile
transmission to 301–415–3725 or by email to OGCMailCenter@nrc.gov.
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,
(72 FR 49139, Aug. 28, 2007). The EFiling 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 an exemption in
accordance with the procedures
described below.
To comply with the procedural
requirements of E-Filing, at least ten
(10) days prior to the filing deadline, the
participant should contact the Office of
the Secretary by e-mail at
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17:54 Dec 11, 2009
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hearing.docket@nrc.gov, or by telephone
at (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 proceeding in which it is
participating; and (2) advise the
Secretary that the participant will be
submitting a request or petition for
hearing (even in instances in which the
participant, or its counsel or
representative, already holds an NRCissued digital ID certificate). Based upon
this information, the Secretary will
establish an electronic docket for the
hearing in this proceeding if the
Secretary has not already established an
electronic docket.
Information about applying for a
digital ID certificate is available on
NRC’s public Web site at https://
www.nrc.gov/site-help/e-submittals/
apply-certificates.html. System
requirements for accessing the ESubmittal server are detailed in NRC’s
‘‘Guidance for Electronic Submission,’’
which is available on the agency’s
public Web site at https://www.nrc.gov/
site-help/e-submittals.html. Participants
may attempt to use other software not
listed on the Web site, but should note
that the NRC’s E-Filing system does not
support unlisted software, and the NRC
Help Desk will not be able to offer
assistance in using unlisted software.
If a participant is electronically
submitting a document to the NRC in
accordance with the E-Filing rule, the
participant must file the document
using the NRC’s on-line, web-based
submission form. In order to serve
documents through EIE, users will be
required to install a web browser plugin from the NRC Web site. Further
information on the web-based
submission form, including the
installation of the web browser plug-in,
is available on the NRC’s public Web
site at https://www.nrc.gov/site-help/esubmittals.html.
Once a participant has obtained a
digital ID certificate and a docket has
been created, the participant can then
submit a request for hearing or petition
for leave to intervene. 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 documents are
submitted through the NRC’s E-Filing
system. To be timely, an electronic
filing must be submitted to the E-Filing
system no later than 11:59 p.m. Eastern
Time on the due date. Upon receipt of
a transmission, the E-Filing system
time-stamps the document and sends
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the submitter an e-mail notice
confirming receipt of the document. The
E-Filing system also distributes an email notice that provides access to the
document to the NRC Office of the
General Counsel and any others who
have advised the Office of the Secretary
that they wish to participate in the
proceeding, so that the filer need not
serve the documents on those
participants separately. Therefore,
applicants and other participants (or
their counsel or representative) must
apply for and receive a digital ID
certificate before a hearing request/
petition to intervene is filed so that they
can obtain access to the document via
the E-Filing system.
A person filing electronically using
the agency’s adjudicatory E-Filing
system may seek assistance by
contacting the NRC Meta-System Help
Desk through the ‘‘Contact Us’’ link
located on the NRC Web site at https://
www.nrc.gov/site-help/esubmittals.html, by e-mail at
MSHD.Resource@nrc.gov, or by a tollfree call at (866) 672–7640. The NRC
Meta-System Help Desk is available
between 8 a.m. and 8 p.m., Eastern
Time, Monday through Friday,
excluding government holidays.
Participants who believe that they
have a good cause for not submitting
documents electronically must file an
exemption request, in accordance with
10 CFR 2.302(g), with their initial paper
filing requesting authorization to
continue to submit documents in paper
format. Such filings must be submitted
by: (1) First-class mail addressed to the
Office of the Secretary of the
Commission, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001, Attention: Rulemaking and
Adjudications Staff; or (2) courier,
express mail, or expedited delivery
service to the Office of the Secretary,
Sixteenth Floor, One White Flint North,
11555 Rockville Pike, Rockville,
Maryland 20852, Attention: Rulemaking
and Adjudications Staff. Participants
filing a document in this manner are
responsible for serving the document on
all other participants. Filing is
considered complete by first-class mail
as of the time of deposit in the mail, or
by courier, express mail, or expedited
delivery service upon depositing the
document with the provider of the
service. A presiding officer, having
granted an exemption request from
using E-Filing, may require a participant
or party to use E-Filing if the presiding
officer subsequently determines that the
reason for granting the exemption from
use of E-Filing no longer exists.
Documents submitted in adjudicatory
proceedings will appear in NRC’s
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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, or the 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, unless an NRC regulation
or other law requires submission of such
information. With respect to
copyrighted works, except for limited
excerpts that serve the purpose of the
adjudicatory filings and would
constitute a Fair Use application,
participants are requested not to include
copyrighted materials in their
submission.
If a hearing is requested by the
Licensee 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), the
Licensee may, in addition to demanding
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 ground 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 specified in
Section III above shall be final twentyfive (25) 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 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 this 23rd day of November 2009.
For the Nuclear Regulatory Commission.
Larry W. Camper,
Director, Division of Waste Management and
Environmental Protection, Office of Federal
and State Materials and Environmental
Management Programs.
Attachment A—Increased Controls
Licensee List
EA–09–204
Dresden 1
Exelon Generation Company, LLC
License No.: DPR–2
Docket No.: 050–00010
Fermi 1
Detroit Edison Company
License No.: DPR–9
Docket No.: 050–00016
License No.: DPR–5
Docket No.: 050–00003
Lacrosse
Dairyland Power Cooperative
License No.: DPR–45
Docket No.: 050–00409
Millstone 1
Dominion Nuclear Connecticut, Inc.
License No.: DPR–21
Docket No.: 050–00245
Nuclear Ship Savannah
U.S. Department of Transportation
License No.: NS–1
Docket No.: 050–00238
Peach Bottom 1
Exelon Nuclear
License No.: DPR–12
Docket No.: 050–00171
Rancho Seco
Sacramento Municipal Utility District
License No.: DPR–54
Docket No.: 050–00312
San Onofre 1
Southern California Edison
License No.: DPR–13
Docket No.: 050–00206
GE BWR
General Electric Company
License No.: DPR–1
Docket No.: 050–00018
TMI 2
FirstEnergy Corporation
License No.: DPR–73
Docket No.: 050–00320
Humboldt 3
Pacific Gas and Electric Company
License No.: DPR–7
Docket No.: 050–00133
Zion 1 & 2
Indian Point-1
Exelon Generation Company, LLC
License No.: DPR–39 and DPR–48
Docket No.: 050–00295 and 050–00304
Entergy Nuclear Operations
Attachment B
TABLE 1—RADIONUCLIDES OF CONCERN
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Radionuclide
Quantity of concern1
(TBq)
Quantity of
concern2
(Ci )
Am–241 ..............................................................................................
Am–241/Be ........................................................................................
Cf–252 ...............................................................................................
Cm–244 .............................................................................................
Co–60 ................................................................................................
Cs–137 ...............................................................................................
Gd–153 ..............................................................................................
Ir–192 .................................................................................................
Pm–147 ..............................................................................................
Pu–238 ...............................................................................................
Pu–239/Be .........................................................................................
Ra–226 ..............................................................................................
Se–75 .................................................................................................
Sr–90 (Y–90) .....................................................................................
Tm–170 ..............................................................................................
Yb–169 ...............................................................................................
Combinations of radioactive materials listed above 3 ........................
0.6 ...................................................................................
0.6 ...................................................................................
0.2 ...................................................................................
0.5 ...................................................................................
0.3 ...................................................................................
1 ......................................................................................
10 ....................................................................................
0.8 ...................................................................................
400 ..................................................................................
0.6 ...................................................................................
0.6 ...................................................................................
0.4 ...................................................................................
2 ......................................................................................
10 ....................................................................................
200 ..................................................................................
3 ......................................................................................
See Footnote Below 4 .....................................................
16
16
5.4
14
8.1
27
270
22
11,000
16
16
11
54
270
5,400
81
............................
1 The aggregate activity of multiple, collocated sources of the same radionuclide should be included when the total activity equals or exceeds
the quantity of concern.
2 The primary values used for compliance with this Order are TBq. The curie (Ci) values are rounded to two significant figures for informational
purposes only.
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3 Radioactive materials are to be considered aggregated or collocated if breaching a common physical security barrier (e.g., a locked door at
the entrance to a storage room) would allow access to the radioactive material or devices containing the radioactive material.
4 If several radionuclides are aggregated, the sum of the ratios of the activity of each source, i of radionuclide, n, A
(i,n), to the quantity of concern for radionuclide n, Q(n), listed for that radionuclide equals or exceeds one. [(aggregated source activity for radionuclide A) ÷ (quantity of concern for radionuclide A)] + [(aggregated source activity for radionuclide B) ÷ (quantity of concern for radionuclide B)] + etc. * * * ≥1
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Attachment C—Increased Controls for
Licensees That Possess Sources
Containing Radioactive Material
Quantities of Concern
The purpose of the increased controls
(IC) for radioactive sources is to enhance
control of radioactive material in
quantities greater than or equal to values
described in Table 1, to reduce the risk
of unauthorized use of radioactive
materials, through access controls to aid
prevention, and prompt detection,
assessment, and response to mitigate
potentially high consequences that
would be detrimental to public health
and safety. These increased controls for
radioactive sources are established to
delineate licensee responsibility to
maintain control of licensed material
and secure it from unauthorized
removal or access. The following
increased controls apply to licensees
which, at any given time, possess
radioactive sources greater than or equal
to the quantities of concern of
radioactive material defined in Table 1.
IC 1. In order to ensure the safe
handling, use, and control of licensed
material in use and in storage each
licensee shall control access at all times
to radioactive material quantities of
concern and devices containing such
radioactive material (devices), and limit
access to such radioactive material and
devices to only approved individuals
who require access to perform their
duties.
a. The licensee shall allow only
trustworthy and reliable individuals,
approved in writing by the licensee, to
have unescorted access to radioactive
material quantities of concern and
devices. The licensee shall approve for
unescorted access only those
individuals with job duties that require
access to such radioactive material and
devices. Personnel who require access
to such radioactive material and devices
to perform a job duty, but who are not
approved by the licensee for unescorted
access, must be escorted by an approved
individual.
b. For individuals employed by the
licensee for three years or less, and for
non-licensee personnel, such as
physicians, physicists, house-keeping
personnel, and security personnel under
contract, trustworthiness and reliability
shall be determined, at a minimum, by
verifying employment history,
education, and personal references, and
fingerprinting and the review of an FBI
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identification and criminal history
records check. The licensee shall also,
to the extent possible, obtain
independent information to corroborate
that provided by the employee (i.e.,
seeking references not supplied by the
individual). For individuals employed
by the licensee for longer than three
years, trustworthiness and reliability
shall be determined, at a minimum, by
a review of the employees’ employment
history with the licensee and
fingerprinting and an FBI identification
and criminal history records check.
c. All individuals requiring access to
radioactive material quantities of
concern or devices shall be escorted
unless determined to be trustworthy and
reliable by an NRC-required background
investigation. In the case of a service
provider’s employee, the licensee shall
obtain from the service provider written
verification attesting to or certifying the
employee’s trustworthiness and
reliability before granting unescorted
access.
d. The licensee shall document the
basis for concluding that there is
reasonable assurance that an individual
granted unescorted access is trustworthy
and reliable, and does not constitute an
unreasonable risk for unauthorized use
of radioactive material quantities of
concern. The licensee shall maintain a
list of persons approved for unescorted
access to such radioactive material and
devices by the licensee.
IC 2. In order to ensure the safe
handling, use, and control of licensed
material in use and in storage, each
licensee shall have a documented
program to monitor and immediately
detect, assess, and respond to
unauthorized access to radioactive
material quantities of concern and
devices. Enhanced monitoring shall be
provided during periods of source
delivery or shipment, where the
delivery or shipment exceeds 100 times
the Table 1 values.
a. The licensee shall respond
immediately to any actual or attempted
theft, sabotage, or diversion of such
radioactive material or of the devices.
The response shall include requesting
assistance from a Local Law
Enforcement Agency (LLEA).
b. The licensee shall have a prearranged plan with LLEA for assistance
in response to an actual or attempted
theft, sabotage, or diversion of such
radioactive material or of the devices
which is consistent in scope and timing
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Fmt 4703
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with a realistic potential vulnerability of
the sources containing such radioactive
material. The pre-arranged plan shall be
updated when changes to the facility
design or operation affect the potential
vulnerability of the sources. Prearranged LLEA coordination is not
required for temporary job sites.
c. The licensee shall have a
dependable means to transmit
information between, and among, the
various components used to detect and
identify an unauthorized intrusion, to
inform the assessor, and to summon the
appropriate responder.
d. After initiating appropriate
response to any actual or attempted
theft, sabotage, or diversion of
radioactive material or of the devices,
the licensee shall, as promptly as
possible, notify NRC Operations Center
at (301) 816–5100.
e. The licensee shall maintain
documentation describing each instance
of unauthorized access and any
necessary corrective actions to prevent
future instances of unauthorized access.
IC 3. a. In order to ensure the safe
handling, use, and control of licensed
material in transportation for domestic
highway and rail shipments by a carrier
other than the licensee, for quantities
that equal or exceed those in Table 1 but
are less than 100 times Table 1
quantities, per consignment, the
licensee shall:
1. Use carriers which:
A. Use package tracking systems,
B. Implement methods to assure
trustworthiness and reliability of
drivers,
C. Maintain constant control and/or
surveillance during transit, and
D. Have the capability for immediate
communication to summon appropriate
response or assistance. The licensee
shall verify and document that the
carrier employ the measures listed
above.
2. Contact the recipient to coordinate
the expected arrival time of the
shipment;
3. Confirm receipt of the shipment;
and
4. Initiate an investigation to
determine the location of the licensed
material if the shipment does not arrive
on or about the expected arrival time.
When, through the course of the
investigation, it is determined the
shipment has become lost, stolen, or
missing, the licensee shall immediately
notify the NRC Operations Center at
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(301) 816–5100. If, after 24 hours of
investigating, the location of the
material still cannot be determined, the
radioactive material shall be deemed
missing and the licensee shall
immediately notify the NRC Operations
Center at (301) 816–5100.
b. For domestic highway and rail
shipments, prior to shipping licensed
radioactive material that exceeds 100
times the quantities in Table 1 per
consignment, the licensee shall:
1. Notify the NRC 1, in writing, at least
90 days prior to the anticipated date of
shipment. The NRC will issue the Order
to implement the Additional Security
Measures (ASMs) for the transportation
of Radioactive Material Quantities of
Concern (RAM QC). The licensee shall
not ship this material until the ASMs for
the transportation of RAM QC are
implemented or the licensee is notified
otherwise, in writing, by NRC.
2. Once the licensee has implemented
the ASMs for the transportation of RAM
QC, the notification requirements of
3.b.1 shall not apply to future shipments
of licensed radioactive material that
exceeds 100 times the Table 1
quantities. The licensee shall implement
the ASMs for the transportation of RAM
QC.
c. If a licensee employs an M&D
licensee to take possession at the
licensee’s location of the licensed
radioactive material and ship it under
its M&D license, the requirements of 3.a.
and 3.b above shall not apply.
d. If the licensee is to receive
radioactive material greater than or
equal to the Table 1 quantities, per
consignment, the licensee shall
coordinate with the originator to:
1. Establish an expected time of
delivery; and
2. Confirm receipt of transferred
radioactive material. If the material is
not received at the expected time of
delivery, notify the originator and assist
in any investigation.
IC 4. In order to ensure the safe
handling, use, and control of licensed
material in use and in storage each
licensee that possesses mobile or
portable devices containing radioactive
material in quantities greater than or
equal to Table 1 values, shall:
a. For portable devices, have two
independent physical controls that form
tangible barriers to secure the material
from unauthorized removal when the
device is not under direct control and
constant surveillance by the licensee.
b. For mobile devices:
1 Director, Division of Waste Management and
Environmental Protection, Office of Federal and
State Materials and Environmental Programs, U.S.
Nuclear Regulatory Commission, Washington, DC
20555
VerDate Nov<24>2008
17:54 Dec 11, 2009
Jkt 220001
1. that are only moved outside of the
facility (e.g., on a trailer), have two
independent physical controls that form
tangible barriers to secure the material
from unauthorized removal when the
device is not under direct control and
constant surveillance by the licensee.
2. that are only moved inside a
facility, have a physical control that
forms a tangible barrier to secure the
material from unauthorized movement
or removal when the device is not under
direct control and constant surveillance
by the licensee.
c. For devices in or on a vehicle or
trailer, licensees shall also utilize a
method to disable the vehicle or trailer
when not under direct control and
constant surveillance by the licensee
IC 5. The licensee shall retain
documentation required by these
increased controls for three years after
they are no longer effective:
a. The licensee shall retain
documentation regarding the
trustworthiness and reliability of
individual employees for three years
after the individual’s employment ends.
b. Each time the licensee revises the
list of approved persons required by
1.d., or the documented program
required by 2, the licensee shall retain
the previous documentation for three
years after the revision.
c. The licensee shall retain
documentation on each radioactive
material carrier for three years after the
licensee discontinues use of that
particular carrier.
d. The licensee shall retain
documentation on shipment
coordination, notifications, and
investigations for three years after the
shipment or investigation is completed.
e. After the license is terminated or
amended to reduce possession limits
below the quantities of concern, the
licensee shall retain all documentation
required by these increased controls for
three years.
IC 6. Detailed information generated
by the licensee that describes the
physical protection of radioactive
material quantities of concern, is
sensitive information and shall be
protected from unauthorized disclosure.
a. The licensee shall control access to
its physical protection information to
those persons who have an established
need to know the information, and are
considered to be trustworthy and
reliable.
b. The licensee shall develop,
maintain and implement policies and
procedures for controlling access to, and
for proper handling and protection
against unauthorized disclosure of, its
physical protection information for
radioactive material covered by these
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Sfmt 4703
66173
requirements. The policies and
procedures shall include the following:
1. General performance requirement
that each person who produces,
receives, or acquires the licensee’s
sensitive information, protect the
information from unauthorized
disclosure,
2. Protection of sensitive information
during use, storage, and transit,
3. Preparation, identification or
marking, and transmission,
4. Access controls,
5. Destruction of documents,
6. Use of automatic data processing
systems, and
7. Removal from the licensee’s
sensitive information category.
[FR Doc. E9–29654 Filed 12–11–09; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[NRC–2009–0549; Docket No. 50–113]
Notice and Solicitation of Comments
Pursuant to 10 CFR 20.1405 and10 CFR
50.82(B)(5) Concerning Proposed
Action To Decommission the
University of Arizona Reactor Facility
Notice is hereby given that the U.S.
Nuclear Regulatory Commission (the
Commission) has received an
application from the University of
Arizona to approve a decommissioning
plan dated May 21, 2009, for the
University of Arizona Nuclear Reactor
Laboratory (Facility License No. R–52)
located in Tuscon, Arizona.
In accordance with Title 10 of the
Code of Federal Regulations (10 CFR)
20.1405, the Commission is providing
notice and soliciting comments from
local and State governments in the
vicinity of the site and any Indian
Nation or other indigenous people that
have treaty or statutory rights that could
be affected by the decommissioning.
This notice and solicitation of
comments is published pursuant to 10
CFR 20.1405, which provides for
publication in the Federal Register and
in a forum, such as local newspapers,
letters to State or local organizations, or
other appropriate forum, that is readily
accessible to individuals in the vicinity
of the site.
Comments should be provided within
30 days of the date of this notice You
may submit comments by any one of the
following methods. Please include
Docket ID NRC–2009–0549 in the
subject line of your comments.
Comments submitted in writing or in
electronic form will be posted on the
NRC Web site and on the Federal
E:\FR\FM\14DEN1.SGM
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]]>Agencies
[Federal Register Volume 74, Number 238 (Monday, December 14, 2009)]
[Notices]
[Pages 66168-66173]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-29654]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[EA-09-204; NRC-2009-0543]
In the Matter of: Licensees Authorized To Possess Radioactive
Material Quantities of Concern; Order Imposing Increased Controls
(Effective Immediately)
I
The Licensees identified in Attachment A to this Order hold
licenses issued in accordance with the Atomic Energy Act of 1954 by the
U.S. Nuclear Regulatory Commission (NRC or Commission) authorizing them
to possess certain quantities of radioactive material of concern. Under
NRC regulations, Licensees must take measures to ensure the security
and control of such material. Among these regulations, 10 CFR 20.1801
requires Licensees to secure from unauthorized removal or access
licensed materials that are stored in controlled or unrestricted areas,
while 10 CFR 20.1802 requires Licensees to control and maintain
constant surveillance of licensed material that is in a controlled
[[Page 66169]]
or unrestricted area and that is not in storage.
II
Prior to the terrorist attacks of September 11, 2001 (9/11),
several national and international efforts were underway to address the
potentially significant health and safety hazards posed by uncontrolled
sources. These efforts recognized the need for increased control of
high-risk radioactive materials to prevent both inadvertent and
intentional unauthorized access, primarily due to the potential health
and safety hazards posed by the uncontrolled material. Following 9/11,
it was recognized that these efforts should also include a heightened
awareness and focus on the need to prevent intentional unauthorized
access due to potential malicious acts. These efforts, such as the
International Atomic Energy Agency Code of Conduct on the Safety and
Security of Radioactive Sources concerning Category 1 and 2 sources,
sought to increase the control over sources in order to prevent both
unintended radiation exposure and malicious acts.
A Licensee's loss of control of high-risk radioactive sources,
whether it be inadvertent or through a deliberate act, has the
potential to result in significant adverse health impacts and could
reasonably constitute a threat to the public health and safety. For
this reason, the Commission has determined that Licensees must
implement certain additional controls in order to ensure adequate
protection of, and minimize danger to, public health and safety. These
additional controls supplement existing requirements in the NRC's
regulations, including the requirements in 10 CFR 20.1801 and 10 CFR
20.1802. The Commission is imposing the requirements set forth in
Attachment C on decommissioning reactor Licensees who possess, or who
plan to acquire in the near future, radionuclides of concern at or
above threshold limits identified in Table 1. These requirements will
remain in effect until the Commission modifies its regulations to
reflect increased controls.
The Commission recognizes that Licensees may have already initiated
many controls set forth in Attachment C to this Order in response to
previously issued advisories or on their own initiative. The Commission
also recognizes that some controls may not be possible or necessary at
some sites, and that certain controls may need to be tailored to
accommodate the Licensees' specific circumstances, achieve the intended
objectives, and avoid any unforeseen adverse effect on the safe use and
storage of licensed material.
To provide assurance that the Licensees are implementing prudent
measures to achieve a consistent level of control, all Licensees who
hold licenses issued by the NRC authorizing possession of radioactive
material quantities of concern, as listed in Table 1, ``Radionuclides
of Concern'' (Attachment B, Table 1), shall implement the requirements
identified in Attachment C to this Order. In addition, pursuant to 10
CFR 2.202, because of the potentially significant adverse health
impacts associated with failure to control high-risk radioactive
sources, the NRC finds that the public health, safety, and interest
require that this Order be effective immediately.
III
Accordingly, pursuant to Sections 81, 161b, 161i, 161o, 182 and 186
of the Atomic Energy Act of 1954, as amended, and the Commission's
regulations, including regulations in 10 CFR Parts 2, 20, 30, 33, 40
and 50, IT IS HEREBY ORDERED, EFFECTIVE IMMEDIATELY, THAT ALL LICENSEES
IDENTIFIED IN ATTACHMENT A TO THIS ORDER SHALL COMPLY WITH THE
REQUIREMENTS OF THIS ORDER AS FOLLOWS:
A. The Licensee shall comply with the requirements described in
Attachment C to this Order. The Licensee shall complete implementation
within ninety (90) days of the date of this Order, or the first day
that radionuclides of concern at or above threshold limits, identified
in Table 1, are possessed, whichever occurs later.
B.1. The Licensee shall in writing, within twenty-five (25) days of
the date of this Order, notify the Commission, (1) if it is unable to
comply with any of the requirements described in Attachment C, (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 the Licensee to be in violation of the provisions of any
Commission regulation or its license. The notification shall provide
the Licensee's justification for seeking relief from or variation of
any specific requirement.
B.2. If the Licensee considers that implementation of any of the
requirements described in Attachment C to this Order would adversely
impact safe operation of the facility, the Licensee must notify the
Commission, in writing, within twenty-five (25) 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 C requirement
in question, or a schedule for modifying the facility to address the
adverse safety condition. If neither approach is appropriate, the
Licensee 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 in Condition B.1.
C.1. The Licensee shall, within twenty-five (25) days of the date
of this Order, submit to the Commission a schedule for completion of
each requirement described in Attachment C.
C.2. The Licensee shall report to the Commission when it has
achieved full compliance with the requirements described in Attachment
C.
D. Notwithstanding any provisions of the Commission's regulations
to the contrary, all measures implemented or actions taken in response
to this Order shall be maintained until the Commission modifies its
regulations to reflect increased controls.
E. These requirements do not apply to radioactive material
contained in spent nuclear fuel.
Licensee responses to Conditions B.1, B.2, C.1, and C.2 above shall
be submitted to the Director, Division of Waste Management and
Environmental Protection, Office of Federal and State Materials and
Environmental Management Programs, U.S. Nuclear Regulatory Commission,
Washington, DC 20555. In addition, Licensee's responses shall be marked
as ``Withhold From Public Disclosure Under 10 CFR 2.390.''
The Director, Division of Waste Management and Environmental
Protection, Office of Federal and State Materials and Environmental
Programs, may, in writing, relax or rescind any of the above conditions
upon demonstration by the Licensee of good cause.
IV
In accordance with 10 CFR 2.202, the Licensee must, and any other
person adversely affected by this Order may, submit an answer to this
Order, and may request a hearing on this Order, within twenty five (25)
days of the date of this Order. If a person other than the Licensee
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). Where good
cause is shown, consideration will be given to extending the time to
request a hearing.
[[Page 66170]]
A request for extension of time in which to submit an answer must be
made in writing to the Director, Division of Waste Management and
Environmental Protection, Office of Federal and State Materials and
Environmental Programs, U.S. Nuclear Regulatory Commission, Washington,
DC 20555, and include a statement of good cause for the extension. The
answer may consent to this Order. Unless the answer consents to this
Order, the answer shall, in writing and under oath or affirmation,
specifically set forth the matters of fact and law on which the
Licensee or other person adversely affected relies and the reasons as
to why the Order should not have been issued. Any answer shall be
submitted to the Secretary, Office of the Secretary of the Commission,
U.S. Nuclear Regulatory Commission, ATTN: Rulemakings and Adjudications
Staff, Washington, DC 20555. Copies also shall be sent to the Director,
Division of Waste Management and Environmental Protection, Office of
Federal and State Materials and Environmental Programs, U.S. Nuclear
Regulatory Commission, Washington, DC 20555, to the Assistant General
Counsel for Materials Litigation and Enforcement at the same address,
and to the Licensee if the answer is by a person other than the
Licensee. Because of possible disruptions in delivery of mail to United
States Government offices, it is requested that answers be transmitted
to the Secretary of the Commission either by means of facsimile
transmission to 301-415-1101 and also to the Office of the General
Counsel either by means of facsimile transmission to 301-415-3725 or by
e-mail to OGCMailCenter@nrc.gov.
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, (72 FR 49139,
Aug. 28, 2007). 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 an exemption in
accordance with the procedures described below.
To comply with the procedural requirements of E-Filing, at least
ten (10) days prior to the filing deadline, the participant should
contact the Office of the Secretary by e-mail at
hearing.docket@nrc.gov, or by telephone at (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 proceeding in which it is participating; and
(2) advise the Secretary that the participant will be submitting a
request or petition for hearing (even in instances in which the
participant, or its counsel or representative, already holds an NRC-
issued digital ID certificate). Based upon this information, the
Secretary will establish an electronic docket for the hearing in this
proceeding if the Secretary has not already established an electronic
docket.
Information about applying for a digital ID certificate is
available on NRC's public Web site at https://www.nrc.gov/site-help/e-submittals/apply-certificates.html. System requirements for accessing
the E-Submittal server are detailed in NRC's ``Guidance for Electronic
Submission,'' which is available on the agency's public Web site at
https://www.nrc.gov/site-help/e-submittals.html. Participants may
attempt to use other software not listed on the Web site, but should
note that the NRC's E-Filing system does not support unlisted software,
and the NRC Help Desk will not be able to offer assistance in using
unlisted software.
If a participant is electronically submitting a document to the NRC
in accordance with the E-Filing rule, the participant must file the
document using the NRC's on-line, web-based submission form. In order
to serve documents through EIE, users will be required to install a web
browser plug-in from the NRC Web site. Further information on the web-
based submission form, including the installation of the web browser
plug-in, is available on the NRC's public Web site at https://www.nrc.gov/site-help/e-submittals.html.
Once a participant has obtained a digital ID certificate and a
docket has been created, the participant can then submit a request for
hearing or petition for leave to intervene. 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
documents are submitted through the NRC's E-Filing system. To be
timely, an electronic filing must be submitted to the E-Filing system
no later than 11:59 p.m. Eastern Time on the due date. Upon receipt of
a transmission, the E-Filing system time-stamps the document and sends
the submitter an e-mail notice confirming receipt of the document. The
E-Filing 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
documents on those participants separately. Therefore, applicants and
other participants (or their counsel or representative) must apply for
and receive a digital ID certificate before a hearing request/petition
to intervene is filed so that they can obtain access to the document
via the E-Filing system.
A person filing electronically using the agency's adjudicatory E-
Filing system may seek assistance by contacting the NRC Meta-System
Help Desk through the ``Contact Us'' link located on the NRC Web site
at https://www.nrc.gov/site-help/e-submittals.html, by e-mail at
MSHD.Resource@nrc.gov, or by a toll-free call at (866) 672-7640. The
NRC Meta-System Help Desk is available between 8 a.m. and 8 p.m.,
Eastern Time, Monday through Friday, excluding government holidays.
Participants who believe that they have a good cause for not
submitting documents electronically must file an exemption request, in
accordance with 10 CFR 2.302(g), with their initial paper filing
requesting authorization to continue to submit documents in paper
format. Such filings must be submitted by: (1) First-class mail
addressed to the Office of the Secretary of the Commission, U.S.
Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention:
Rulemaking and Adjudications Staff; or (2) courier, express mail, or
expedited delivery service to the Office of the Secretary, Sixteenth
Floor, One White Flint North, 11555 Rockville Pike, Rockville, Maryland
20852, Attention: Rulemaking and Adjudications Staff. Participants
filing a document in this manner are responsible for serving the
document on all other participants. Filing is considered complete by
first-class mail as of the time of deposit in the mail, or by courier,
express mail, or expedited delivery service upon depositing the
document with the provider of the service. A presiding officer, having
granted an exemption request from using E-Filing, may require a
participant or party to use E-Filing if the presiding officer
subsequently determines that the reason for granting the exemption from
use of E-Filing no longer exists.
Documents submitted in adjudicatory proceedings will appear in
NRC's
[[Page 66171]]
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, or the 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, unless an NRC regulation or other law requires submission of
such information. With respect to copyrighted works, except for limited
excerpts that serve the purpose of the adjudicatory filings and would
constitute a Fair Use application, participants are requested not to
include copyrighted materials in their submission.
If a hearing is requested by the Licensee 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), the Licensee may, in addition to
demanding 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 ground 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
specified in Section III above shall be final twenty-five (25) 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 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 this 23rd day of November 2009.
For the Nuclear Regulatory Commission.
Larry W. Camper,
Director, Division of Waste Management and Environmental Protection,
Office of Federal and State Materials and Environmental Management
Programs.
Attachment A--Increased Controls Licensee List
EA-09-204
Dresden 1
Exelon Generation Company, LLC
License No.: DPR-2
Docket No.: 050-00010
Fermi 1
Detroit Edison Company
License No.: DPR-9
Docket No.: 050-00016
GE BWR
General Electric Company
License No.: DPR-1
Docket No.: 050-00018
Humboldt 3
Pacific Gas and Electric Company
License No.: DPR-7
Docket No.: 050-00133
Indian Point-1
Entergy Nuclear Operations
License No.: DPR-5
Docket No.: 050-00003
Lacrosse
Dairyland Power Cooperative
License No.: DPR-45
Docket No.: 050-00409
Millstone 1
Dominion Nuclear Connecticut, Inc.
License No.: DPR-21
Docket No.: 050-00245
Nuclear Ship Savannah
U.S. Department of Transportation
License No.: NS-1
Docket No.: 050-00238
Peach Bottom 1
Exelon Nuclear
License No.: DPR-12
Docket No.: 050-00171
Rancho Seco
Sacramento Municipal Utility District
License No.: DPR-54
Docket No.: 050-00312
San Onofre 1
Southern California Edison
License No.: DPR-13
Docket No.: 050-00206
TMI 2
FirstEnergy Corporation
License No.: DPR-73
Docket No.: 050-00320
Zion 1 & 2
Exelon Generation Company, LLC
License No.: DPR-39 and DPR-48
Docket No.: 050-00295 and 050-00304
Attachment B
Table 1--Radionuclides of Concern
------------------------------------------------------------------------
Quantity of Quantity of
Radionuclide concern\1\ (TBq) concern\2\ (Ci )
------------------------------------------------------------------------
Am-241........................... 0.6................ 16
Am-241/Be........................ 0.6................ 16
Cf-252........................... 0.2................ 5.4
Cm-244........................... 0.5................ 14
Co-60............................ 0.3................ 8.1
Cs-137........................... 1.................. 27
Gd-153........................... 10................. 270
Ir-192........................... 0.8................ 22
Pm-147........................... 400................ 11,000
Pu-238........................... 0.6................ 16
Pu-239/Be........................ 0.6................ 16
Ra-226........................... 0.4................ 11
Se-75............................ 2.................. 54
Sr-90 (Y-90)..................... 10................. 270
Tm-170........................... 200................ 5,400
Yb-169........................... 3.................. 81
Combinations of radioactive See Footnote Below ................
materials listed above \3\. \4\.
------------------------------------------------------------------------
\1\ The aggregate activity of multiple, collocated sources of the same
radionuclide should be included when the total activity equals or
exceeds the quantity of concern.
\2\ The primary values used for compliance with this Order are TBq. The
curie (Ci) values are rounded to two significant figures for
informational purposes only.
[[Page 66172]]
\3\ Radioactive materials are to be considered aggregated or collocated
if breaching a common physical security barrier (e.g., a locked door
at the entrance to a storage room) would allow access to the
radioactive material or devices containing the radioactive material.
\4\ If several radionuclides are aggregated, the sum of the ratios of
the activity of each source, i of radionuclide, n, A(i,n), to the
quantity of concern for radionuclide n, Q(n), listed for that
radionuclide equals or exceeds one. [(aggregated source activity for
radionuclide A) / (quantity of concern for radionuclide A)] +
[(aggregated source activity for radionuclide B) / (quantity of
concern for radionuclide B)] + etc. * * * >=1
Attachment C--Increased Controls for Licensees That Possess Sources
Containing Radioactive Material Quantities of Concern
The purpose of the increased controls (IC) for radioactive sources
is to enhance control of radioactive material in quantities greater
than or equal to values described in Table 1, to reduce the risk of
unauthorized use of radioactive materials, through access controls to
aid prevention, and prompt detection, assessment, and response to
mitigate potentially high consequences that would be detrimental to
public health and safety. These increased controls for radioactive
sources are established to delineate licensee responsibility to
maintain control of licensed material and secure it from unauthorized
removal or access. The following increased controls apply to licensees
which, at any given time, possess radioactive sources greater than or
equal to the quantities of concern of radioactive material defined in
Table 1.
IC 1. In order to ensure the safe handling, use, and control of
licensed material in use and in storage each licensee shall control
access at all times to radioactive material quantities of concern and
devices containing such radioactive material (devices), and limit
access to such radioactive material and devices to only approved
individuals who require access to perform their duties.
a. The licensee shall allow only trustworthy and reliable
individuals, approved in writing by the licensee, to have unescorted
access to radioactive material quantities of concern and devices. The
licensee shall approve for unescorted access only those individuals
with job duties that require access to such radioactive material and
devices. Personnel who require access to such radioactive material and
devices to perform a job duty, but who are not approved by the licensee
for unescorted access, must be escorted by an approved individual.
b. For individuals employed by the licensee for three years or
less, and for non-licensee personnel, such as physicians, physicists,
house-keeping personnel, and security personnel under contract,
trustworthiness and reliability shall be determined, at a minimum, by
verifying employment history, education, and personal references, and
fingerprinting and the review of an FBI identification and criminal
history records check. The licensee shall also, to the extent possible,
obtain independent information to corroborate that provided by the
employee (i.e., seeking references not supplied by the individual). For
individuals employed by the licensee for longer than three years,
trustworthiness and reliability shall be determined, at a minimum, by a
review of the employees' employment history with the licensee and
fingerprinting and an FBI identification and criminal history records
check.
c. All individuals requiring access to radioactive material
quantities of concern or devices shall be escorted unless determined to
be trustworthy and reliable by an NRC-required background
investigation. In the case of a service provider's employee, the
licensee shall obtain from the service provider written verification
attesting to or certifying the employee's trustworthiness and
reliability before granting unescorted access.
d. The licensee shall document the basis for concluding that there
is reasonable assurance that an individual granted unescorted access is
trustworthy and reliable, and does not constitute an unreasonable risk
for unauthorized use of radioactive material quantities of concern. The
licensee shall maintain a list of persons approved for unescorted
access to such radioactive material and devices by the licensee.
IC 2. In order to ensure the safe handling, use, and control of
licensed material in use and in storage, each licensee shall have a
documented program to monitor and immediately detect, assess, and
respond to unauthorized access to radioactive material quantities of
concern and devices. Enhanced monitoring shall be provided during
periods of source delivery or shipment, where the delivery or shipment
exceeds 100 times the Table 1 values.
a. The licensee shall respond immediately to any actual or
attempted theft, sabotage, or diversion of such radioactive material or
of the devices. The response shall include requesting assistance from a
Local Law Enforcement Agency (LLEA).
b. The licensee shall have a pre-arranged plan with LLEA for
assistance in response to an actual or attempted theft, sabotage, or
diversion of such radioactive material or of the devices which is
consistent in scope and timing with a realistic potential vulnerability
of the sources containing such radioactive material. The pre-arranged
plan shall be updated when changes to the facility design or operation
affect the potential vulnerability of the sources. Pre-arranged LLEA
coordination is not required for temporary job sites.
c. The licensee shall have a dependable means to transmit
information between, and among, the various components used to detect
and identify an unauthorized intrusion, to inform the assessor, and to
summon the appropriate responder.
d. After initiating appropriate response to any actual or attempted
theft, sabotage, or diversion of radioactive material or of the
devices, the licensee shall, as promptly as possible, notify NRC
Operations Center at (301) 816-5100.
e. The licensee shall maintain documentation describing each
instance of unauthorized access and any necessary corrective actions to
prevent future instances of unauthorized access.
IC 3. a. In order to ensure the safe handling, use, and control of
licensed material in transportation for domestic highway and rail
shipments by a carrier other than the licensee, for quantities that
equal or exceed those in Table 1 but are less than 100 times Table 1
quantities, per consignment, the licensee shall:
1. Use carriers which:
A. Use package tracking systems,
B. Implement methods to assure trustworthiness and reliability of
drivers,
C. Maintain constant control and/or surveillance during transit,
and
D. Have the capability for immediate communication to summon
appropriate response or assistance. The licensee shall verify and
document that the carrier employ the measures listed above.
2. Contact the recipient to coordinate the expected arrival time of
the shipment;
3. Confirm receipt of the shipment; and
4. Initiate an investigation to determine the location of the
licensed material if the shipment does not arrive on or about the
expected arrival time. When, through the course of the investigation,
it is determined the shipment has become lost, stolen, or missing, the
licensee shall immediately notify the NRC Operations Center at
[[Page 66173]]
(301) 816-5100. If, after 24 hours of investigating, the location of
the material still cannot be determined, the radioactive material shall
be deemed missing and the licensee shall immediately notify the NRC
Operations Center at (301) 816-5100.
b. For domestic highway and rail shipments, prior to shipping
licensed radioactive material that exceeds 100 times the quantities in
Table 1 per consignment, the licensee shall:
1. Notify the NRC \1\, in writing, at least 90 days prior to the
anticipated date of shipment. The NRC will issue the Order to implement
the Additional Security Measures (ASMs) for the transportation of
Radioactive Material Quantities of Concern (RAM QC). The licensee shall
not ship this material until the ASMs for the transportation of RAM QC
are implemented or the licensee is notified otherwise, in writing, by
NRC.
---------------------------------------------------------------------------
\1\ Director, Division of Waste Management and Environmental
Protection, Office of Federal and State Materials and Environmental
Programs, U.S. Nuclear Regulatory Commission, Washington, DC 20555
---------------------------------------------------------------------------
2. Once the licensee has implemented the ASMs for the
transportation of RAM QC, the notification requirements of 3.b.1 shall
not apply to future shipments of licensed radioactive material that
exceeds 100 times the Table 1 quantities. The licensee shall implement
the ASMs for the transportation of RAM QC.
c. If a licensee employs an M&D licensee to take possession at the
licensee's location of the licensed radioactive material and ship it
under its M&D license, the requirements of 3.a. and 3.b above shall not
apply.
d. If the licensee is to receive radioactive material greater than
or equal to the Table 1 quantities, per consignment, the licensee shall
coordinate with the originator to:
1. Establish an expected time of delivery; and
2. Confirm receipt of transferred radioactive material. If the
material is not received at the expected time of delivery, notify the
originator and assist in any investigation.
IC 4. In order to ensure the safe handling, use, and control of
licensed material in use and in storage each licensee that possesses
mobile or portable devices containing radioactive material in
quantities greater than or equal to Table 1 values, shall:
a. For portable devices, have two independent physical controls
that form tangible barriers to secure the material from unauthorized
removal when the device is not under direct control and constant
surveillance by the licensee.
b. For mobile devices:
1. that are only moved outside of the facility (e.g., on a
trailer), have two independent physical controls that form tangible
barriers to secure the material from unauthorized removal when the
device is not under direct control and constant surveillance by the
licensee.
2. that are only moved inside a facility, have a physical control
that forms a tangible barrier to secure the material from unauthorized
movement or removal when the device is not under direct control and
constant surveillance by the licensee.
c. For devices in or on a vehicle or trailer, licensees shall also
utilize a method to disable the vehicle or trailer when not under
direct control and constant surveillance by the licensee
IC 5. The licensee shall retain documentation required by these
increased controls for three years after they are no longer effective:
a. The licensee shall retain documentation regarding the
trustworthiness and reliability of individual employees for three years
after the individual's employment ends.
b. Each time the licensee revises the list of approved persons
required by 1.d., or the documented program required by 2, the licensee
shall retain the previous documentation for three years after the
revision.
c. The licensee shall retain documentation on each radioactive
material carrier for three years after the licensee discontinues use of
that particular carrier.
d. The licensee shall retain documentation on shipment
coordination, notifications, and investigations for three years after
the shipment or investigation is completed.
e. After the license is terminated or amended to reduce possession
limits below the quantities of concern, the licensee shall retain all
documentation required by these increased controls for three years.
IC 6. Detailed information generated by the licensee that describes
the physical protection of radioactive material quantities of concern,
is sensitive information and shall be protected from unauthorized
disclosure.
a. The licensee shall control access to its physical protection
information to those persons who have an established need to know the
information, and are considered to be trustworthy and reliable.
b. The licensee shall develop, maintain and implement policies and
procedures for controlling access to, and for proper handling and
protection against unauthorized disclosure of, its physical protection
information for radioactive material covered by these requirements. The
policies and procedures shall include the following:
1. General performance requirement that each person who produces,
receives, or acquires the licensee's sensitive information, protect the
information from unauthorized disclosure,
2. Protection of sensitive information during use, storage, and
transit,
3. Preparation, identification or marking, and transmission,
4. Access controls,
5. Destruction of documents,
6. Use of automatic data processing systems, and
7. Removal from the licensee's sensitive information category.
[FR Doc. E9-29654 Filed 12-11-09; 8:45 am]
BILLING CODE 7590-01-P
