In the Matter of Luminant Generation Company LLC; Comanche Peak Steam Electric Station; Independent Spent Fuel Installation; Order Modifying License (Effective Immediately), 34787-34792 [2010-14747]

Download as PDF Federal Register / Vol. 75, No. 117 / Friday, June 18, 2010 / Notices srobinson on DSKHWCL6B1PROD with NOTICES corrections. The fee for processing fingerprint checks includes one resubmission if the initial submission is returned by the FBI because the fingerprint impressions cannot be classified. The one free re-submission must have the FBI Transaction Control Number reflected on the 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. 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 lD. Once the licensee has 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) 492– 3531. Combined payment for multiple applications is acceptable. The application fee (currently $26) 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 CHRCs, 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. VerDate Mar<15>2010 16:17 Jun 17, 2010 Jkt 220001 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 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 on the criminal history record only upon receipt of the FBI’s ultimate confirmation or correction of the record. Upon a final adverse determination on access to an ISFSI, the licensee shall provide the individual its documented basis for denial. Access to an ISFSI shall not be granted to an individual during the review process. G. Protection of Information 1. The licensee shall develop, implement, and maintain a system for personnel information management with appropriate procedures for the protection of personal, confidential information. This system shall be designed to prohibit unauthorized access to sensitive information and to prohibit modification of the information without authorization. 2. Each licensee who obtains a criminal history record on an individual pursuant to this Order shall establish and maintain a system of files and procedures, for protecting the record and the personal information from unauthorized disclosure. 3. The licensee may not disclose the record or personal information collected and maintained to persons other than the subject individual, his/her representative, or to those who have a need to access the information in PO 00000 Frm 00105 Fmt 4703 Sfmt 4703 34787 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 CHRC may be transferred to another licensee if the gaining licensee receives the individual’s written request to redisseminate the information contained in his/her file, and the gaining licensee verifies information such as the individual’s name, date of birth, social security number, sex, and other applicable physical characteristics for identification purposes. 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. 2010–14764 Filed 6–17–10; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [Docket No. 72–74; EA–2010–051; NRC– 2010–0211] In the Matter of Luminant Generation Company LLC; Comanche Peak Steam Electric Station; 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 Luminant Generation Company LLC. 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: Raynard.Wharton@nrc.gov. SUPPLEMENTARY INFORMATION: I. Introduction Pursuant to 10 CFR 2.106, NRC (or the Commission) is providing notice, in the matter of Comanche Peak Steam Electric Station Independent Spent Fuel Storage Installation (ISFSI) Order Modifying License (Effective Immediately). E:\FR\FM\18JNN1.SGM 18JNN1 34788 Federal Register / Vol. 75, No. 117 / Friday, June 18, 2010 / Notices II. Further Information I NRC has issued a general license to Luminant Generation Company LLC (Luminant), 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 Luminant because it 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 licensees 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. srobinson on DSKHWCL6B1PROD with NOTICES 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. VerDate Mar<15>2010 16:17 Jun 17, 2010 Jkt 220001 As a result of its consideration of current safeguards and security requirements, as well as a review of information provided by the intelligence community, the Commission has determined that certain additional security measures (ASMs) are required to address the current threat environment, in a consistent manner throughout the nuclear ISFSI community. Therefore, the Commission is imposing requirements, as set forth in Attachments 1 and 2 of this Order, on all licensees of these facilities. These requirements, which supplement existing regulatory requirements, will provide the Commission with reasonable assurance that the public health and safety, 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 or necessary at some sites, or may need to be tailored to accommodate the specific circumstances existing at Luminant’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, in light of the continuing threat environment, the Commission concludes that these actions must be embodied in an Order, consistent with the established regulatory framework. To provide assurance that licensees are implementing prudent measures to achieve a consistent level of protection to address the current threat environment, licenses issued pursuant to 10 CFR 72.210 shall be modified to include the requirements identified in Attachments 1 and 2 to this Order. In addition, pursuant to 10 CFR 2.202, I find that, in light of the common defense and security circumstances described above, the public health, safety, and interest require that this Order be effective immediately. III Accordingly, pursuant to Sections 53, 103, 104, 147, 149, 161b, 161i, 161o, 182, and 186 of the Atomic Energy Act of 1954, as amended, and the PO 00000 Frm 00106 Fmt 4703 Sfmt 4703 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. Luminant 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 Comanche Peak Steam Electric Station’s physical security plan. Luminant shall complete implementation of the requirements in Attachments 1 and 2 to the Order no later than 365 days from the date of this Order or 90 days before the first day that spent fuel is initially placed in the ISFSI, whichever is earlier. Additionally, Luminant must receive written verification that the ASMs have been adequately implemented before initially placing spent fuel in the ISFSI. B. 1. Luminant 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 Luminant to be in violation of the provisions of any Commission regulation or the facility license. The notification shall provide Luminant’s justification for seeking relief from, or variation of, any specific requirement. 2. If Luminant 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, Luminant 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, Luminant 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. Luminant 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. Luminant shall report to the Commission when it has achieved full compliance with the requirements described in Attachments 1 and 2. E:\FR\FM\18JNN1.SGM 18JNN1 Federal Register / Vol. 75, No. 117 / Friday, June 18, 2010 / Notices srobinson on DSKHWCL6B1PROD with NOTICES D. All measures implemented or actions taken in response to this Order shall be maintained until the Commission determines otherwise. Luminant’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 Luminant 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, Luminant must, and any other person adversely affected by this Order may, submit an answer to this Order within 20 days of its publication in the Federal Register. In addition, Luminant and any other person adversely affected by this Order may request a hearing on this Order within 20 days of its publication in the Federal Register. 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 Luminant relies and the reasons as to why the Order should not have been issued. If a person other than Luminant requests a hearing, that person shall set forth with particularity the manner in which his/her interest is adversely affected by this Order and shall address the criteria set forth in 10 CFR 2.309(d). All documents filed in NRC adjudicatory proceedings, including a request for hearing, a petition for leave to intervene, any motion or other document filed in the proceeding prior to the submission of a request for hearing or petition to intervene, and documents filed by interested governmental entities participating under 10 CFR 2.315(c), must be filed in accordance with the NRC E-Filing rule (72 FR 49139, August 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 VerDate Mar<15>2010 16:17 Jun 17, 2010 Jkt 220001 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 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 http:// 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 http://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 Meta System 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 online, Web-based submission form. In order to serve documents through Electronic Information Exchange (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 http://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 PO 00000 Frm 00107 Fmt 4703 Sfmt 4703 34789 (PDF) in accordance with NRC guidance available on the NRC public Web site at http://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 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 http:// 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 E:\FR\FM\18JNN1.SGM 18JNN1 srobinson on DSKHWCL6B1PROD with NOTICES 34790 Federal Register / Vol. 75, No. 117 / Friday, June 18, 2010 / Notices 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 electronic hearing docket which is available to the public at http:// ehd.nrc.gov/EHD_Proceeding/home.asp, unless excluded pursuant to an order of the Commission, 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 Luminant 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), Luminant 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 this Order is published in the Federal Register, 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 9th day of June, 2010. VerDate Mar<15>2010 16:17 Jun 17, 2010 Jkt 220001 For the Nuclear Regulatory Commission. Catherine Haney, 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 June 3, 2010 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 U.S. Nuclear Regulatory Commission (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 section B through G of these ASMs. 3. Licensees shall clearly distinguish in their 20-day response which method they intend to use in order to comply with these ASMs. B. Additional Security Measures for Access Authorization Program 1. The licensee shall develop, implement and maintain a program, or enhance its 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 for 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. PO 00000 Frm 00108 Fmt 4703 Sfmt 4703 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 countryof-birth issued certificate of birth) to allow comparison of personal information data provided by the applicant. The licensee shall maintain a photocopy of the identifying document(s) on file, in accordance with ‘‘Protection of Information,’’ in Section G of these ASMs. vii. Licensees shall confirm eligibility for employment through the regulations of the U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, and shall verify and ensure, to the extent possible, the accuracy of the provided social security number and alien registration number, as applicable. b. The procedures developed or enhanced shall include measures for confirming the term, duration, and character of military service for the past three years, and/or 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. E:\FR\FM\18JNN1.SGM 18JNN1 Federal Register / Vol. 75, No. 117 / Friday, June 18, 2010 / Notices srobinson on DSKHWCL6B1PROD with NOTICES 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. 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 years from the date the individual no longer requires access to the facility. 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 Safeguards Information (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 under this Order, must be submitted to the Commission for transmission to the FBI. 4. The licensee shall notify each affected individual that the fingerprints will be used to conduct a review of his/her criminal history record and inform the individual of the procedures for revising the record or including an explanation in the record, as specified in the ‘‘Right to Correct and Complete Information,’’ in section F of these ASMs. 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 that would discriminate among individuals on the basis of race, religion, national origin, sex, or age. 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. VerDate Mar<15>2010 16:17 Jun 17, 2010 Jkt 220001 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–5B32M, one completed, legible standard fingerprint card (Form FD– 258, ORIMDNRCOOOZ) or, where practicable, other fingerprint records for each individual seeking unescorted access to an ISFSI, to the Director of the Division of Facilities and Security, marked for the attention of the Division’s Criminal History Check Section. Copies of these forms may be obtained by writing the Office of Information Services, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001, by calling (301) 415–5877, or by e-mail to forms@nrc.gov. Practicable alternative formats are set forth in 10 CFR 73.4. The licensee shall establish procedures to ensure that the quality of the fingerprints taken results in minimizing the rejection rate of fingerprint cards because of 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 re-submission 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. PO 00000 Frm 00109 Fmt 4703 Sfmt 4703 34791 3. Fees for processing fingerprint checks are due upon application. The licensee shall submit payment of the processing fees electronically. To be able to submit secure electronic payments, licensees will need to establish an account with Pay.Gov (https:// www.pay.gov). To request an account, the licensee shall send an e-mail to det@nrc.gov. The e-mail must include the licensee’s company name, address, point of contact (POC), POC e-mail address, and phone number. The NRC will forward the request to Pay.Gov; who will contact the licensee with a password and user lD. Once the licensee has 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) 492–3531. Combined payment for multiple applications is acceptable. The application fee (currently $26) 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 CHRCs, 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 E:\FR\FM\18JNN1.SGM 18JNN1 34792 Federal Register / Vol. 75, No. 117 / Friday, June 18, 2010 / Notices provide at least 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 on the criminal history record only upon receipt of the FBI’s ultimate confirmation or correction of the record. Upon a final adverse determination on access to an ISFSI, the licensee shall provide the individual its documented basis for denial. Access to an ISFSI shall not be granted to an individual during the review process. G. Protection of Information 1. The licensee shall develop, implement, and maintain a system for personnel information management with appropriate procedures for the protection of personal, confidential information. This system shall be designed to prohibit unauthorized access to sensitive information and to prohibit modification of the information without authorization. 2. Each licensee who obtains a criminal history record on an individual pursuant to this Order shall establish and maintain a system of files and procedures, for protecting the record and the personal information from unauthorized disclosure. 3. The licensee may not disclose the record or personal information collected and maintained to persons other than the subject individual, his/her representative, or to those who have a need to access the information in performing assigned duties in the process of determining suitability for unescorted access to the protected area of an ISFSI. No individual authorized to have access to the information may re-disseminate the information to any other individual who does not have the appropriate need to know. 4. The personal information obtained on an individual from a CHRC 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. 2010–14747 Filed 6–17–10; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION srobinson on DSKHWCL6B1PROD with NOTICES [Docket No. 70–36; NRC–2009–0278] Westinghouse Electric Company, LLC; License Amendment Request, Opportunity To Provide Comments, Request a Hearing and To Petition for Leave To Intervene AGENCY: U.S. Nuclear Regulatory Commission (NRC). VerDate Mar<15>2010 16:17 Jun 17, 2010 Jkt 220001 ACTION: Notice of amendment and opportunity to request a hearing and to petition for leave to intervene. DATES: Submit comments by September 16, 2010. Requests for a hearing or leave to intervene must be filed by August 17, 2010. ADDRESSES: You may submit comments by any one of the following methods. Please include Docket ID NRC–2009– 0278 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 rulemaking Web site http:// www.regulations.gov. Because your comments will not be edited to remove any identifying or contact information, the NRC cautions you against including any information in your submission that you do not want to be publicly disclosed. The NRC requests that any party soliciting or aggregating comments received from other persons for submission to the NRC inform those persons that the NRC will not edit their comments to remove any identifying or contact information, and therefore, they should not include any information in their comments that they do not want publicly disclosed. Federal Rulemaking Web site: Go to http://www.regulations.gov and search for documents filed under Docket ID NRC–2009–0278. Address questions about NRC dockets to Carol Gallagher 301–492–3668; e-mail Carol.Gallagher@nrc.gov. Mail Comments to: Cindy Bladey, Chief, Rules, Announcements, and Directives Branch, Office of Administration, Mail Stop: TWB–05– B01M, U.S. Nuclear Regulatory Commission, Washington, DC 20555– 0001, or by fax to RDB at (301) 492– 3446. You can access publicly available documents related to this notice using the following methods: NRC’s Public Document Room (PDR): The public may examine and have copied for a fee, publicly available documents at the NRC’s PDR, Room 01 F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland. NRC’s Agencywide Documents Access and Management System (ADAMS): Publicly available documents created or received at the NRC are available electronically at the NRC’s Electronic Reading Room at http://www.nrc.gov/ reading-rm/adams.html. From this page, the public can gain entry into ADAMS, which provides text and image files of NRC’s public documents. If you do not have access to ADAMS or if there are problems in accessing the documents PO 00000 Frm 00110 Fmt 4703 Sfmt 4703 located in ADAMS, contact the NRC’s PDR reference staff at 1–800–397–4209, 301–415–4737, or by e-mail to pdr.resource@nrc.gov. The license application request is available electronically under ADAMS Accession Number ML100700619. Federal Rulemaking Web site: Public comments and supporting materials related to this notice can be found at http://www.regulations.gov by searching on Docket ID: NRC–2009–0278. FOR FURTHER INFORMATION CONTACT: John J. Hayes,, Project Manager, Materials Decommissioning Branch, Division of Waste Management and Environmental Protection, Office of Federal and State Materials and Environmental Management Programs, U.S. Nuclear Regulatory Commission, Two White Flint North, Mail Stop T8F5, 11545 Rockville Pike, Rockville, Maryland 20852–2738 Telephone: (301) 415–5928; fax number: (301) 415–5928; e-mail: john.hayes@nrc.gov. SUPPLEMENTARY INFORMATION: I. Introduction The NRC has received a license amendment application from Westinghouse Electric Company LLC (WEC or the licensee) dated March 3, 2010, for disposal of NRC-licensed source, byproduct and special nuclear material pursuant to 10 CFR 20.2002 from its former fuel cycle facility located in Festus, Missouri. WEC holds NRC License No. SNM–00033, which authorizes the licensee to conduct decommissioning activities. The amendment requests authorization for WEC to transfer decommissioning waste to U.S. Ecology Idaho, Inc., a Resource Conservation and Recovery Act (RCRA) Subtitle C disposal facility located near Grand View, Idaho. The U.S. Ecology Idaho facility is regulated by the Idaho Department of Environmental Quality and is not an NRC-licensed facility. Pursuant to 10 CFR 30.11 and 70.17, WEC’s application also requests that U.S. Ecology be granted exemptions from the licensing requirements of 10 CFR 30.3 and 70.3 for byproduct and special nuclear material, respectively. These exemptions are necessary because the disposal of byproduct and special nuclear material must occur at a facility licensed by the NRC to possess such material and the U.S. Ecology Idaho facility does not have an NRC license. An NRC administrative review, documented in a letter to WEC dated May 14, 2010, (ADAMS No. ML101310335) found the application acceptable to begin a technical review. If the NRC approves the amendment, the approval will be documented in an E:\FR\FM\18JNN1.SGM 18JNN1

Agencies

[Federal Register Volume 75, Number 117 (Friday, June 18, 2010)]
[Notices]
[Pages 34787-34792]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-14747]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 72-74; EA-2010-051; NRC-2010-0211]


In the Matter of Luminant Generation Company LLC; Comanche Peak 
Steam Electric Station; 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 Luminant 
Generation Company LLC.

-----------------------------------------------------------------------

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: Raynard.Wharton@nrc.gov.

SUPPLEMENTARY INFORMATION: 

I. Introduction

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

[[Page 34788]]

II. Further Information

I

    NRC has issued a general license to Luminant Generation Company LLC 
(Luminant), 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 
Luminant because it 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 licensees 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 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 or necessary at some 
sites, or may need to be tailored to accommodate the specific 
circumstances existing at Luminant'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, in light of the continuing threat environment, the Commission 
concludes that these actions must be embodied in an Order, consistent 
with the established regulatory framework.
    To provide assurance that licensees are implementing prudent 
measures to achieve a consistent level of protection to address the 
current threat environment, licenses issued pursuant to 10 CFR 72.210 
shall be modified to include the requirements identified in Attachments 
1 and 2 to this Order. In addition, pursuant to 10 CFR 2.202, I find 
that, in light of the common defense and security circumstances 
described above, the public health, safety, and interest require that 
this Order be effective immediately.

III

    Accordingly, pursuant to Sections 53, 103, 104, 147, 149, 161b, 
161i, 161o, 182, and 186 of the Atomic Energy Act of 1954, as amended, 
and the Commission's regulations in 10 CFR 2.202 and 10 CFR Parts 50, 
72, and 73, it is hereby ordered, effective immediately, that your 
general license is modified as follows:
    A. Luminant 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 Comanche Peak Steam Electric 
Station's physical security plan. Luminant shall complete 
implementation of the requirements in Attachments 1 and 2 to the Order 
no later than 365 days from the date of this Order or 90 days before 
the first day that spent fuel is initially placed in the ISFSI, 
whichever is earlier. Additionally, Luminant must receive written 
verification that the ASMs have been adequately implemented before 
initially placing spent fuel in the ISFSI.
    B. 1. Luminant 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 Luminant to be in violation of the provisions of any 
Commission regulation or the facility license. The notification shall 
provide Luminant's justification for seeking relief from, or variation 
of, any specific requirement.
    2. If Luminant 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, Luminant 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, Luminant 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. Luminant 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. Luminant shall report to the Commission when it has achieved 
full compliance with the requirements described in Attachments 1 and 2.

[[Page 34789]]

    D. All measures implemented or actions taken in response to this 
Order shall be maintained until the Commission determines otherwise.
    Luminant'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 Luminant 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, Luminant must, and any other 
person adversely affected by this Order may, submit an answer to this 
Order within 20 days of its publication in the Federal Register. In 
addition, Luminant and any other person adversely affected by this 
Order may request a hearing on this Order within 20 days of its 
publication in the Federal Register. 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 Luminant 
relies and the reasons as to why the Order should not have been issued. 
If a person other than Luminant requests a hearing, that person shall 
set forth with particularity the manner in which his/her interest is 
adversely affected by this Order and shall address the criteria set 
forth in 10 CFR 2.309(d).
    All documents filed in NRC adjudicatory proceedings, including a 
request for hearing, a petition for leave to intervene, any motion or 
other document filed in the proceeding prior to the submission of a 
request for hearing or petition to intervene, and documents filed by 
interested governmental entities participating under 10 CFR 2.315(c), 
must be filed in accordance with the NRC E-Filing rule (72 FR 49139, 
August 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 http://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 
http://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 Meta System 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 online, Web-based submission form. In order to 
serve documents through Electronic Information Exchange (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 http://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 http://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 http://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

[[Page 34790]]

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 electronic hearing docket which is available to the public at 
http://ehd.nrc.gov/EHD_Proceeding/home.asp, unless excluded pursuant 
to an order of the Commission, 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 Luminant 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), Luminant 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 
this Order is published in the Federal Register, 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 9th day of June, 2010.

    For the Nuclear Regulatory Commission.
Catherine Haney,
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 
June 3, 2010

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 U.S. Nuclear Regulatory Commission (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 section 
B through G of these ASMs.
    3. Licensees shall clearly distinguish in their 20-day response 
which method they intend to use in order to comply with these ASMs.

B. Additional Security Measures for Access Authorization Program

    1. The licensee shall develop, implement and maintain a program, 
or enhance its 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 for 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,'' in Section G of 
these ASMs.
    vii. Licensees shall confirm eligibility for employment through 
the regulations of the U.S. Department of Homeland Security, U.S. 
Citizenship and Immigration Services, and shall verify and ensure, 
to the extent possible, the accuracy of the provided social security 
number and alien registration number, as applicable.
    b. The procedures developed or enhanced shall include measures 
for confirming the term, duration, and character of military service 
for the past three years, and/or 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.

[[Page 34791]]

    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 Safeguards Information (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 under this Order, 
must be submitted to the Commission for transmission to the FBI.
    4. The licensee shall notify each affected individual that the 
fingerprints will be used to conduct a review of his/her criminal 
history record and inform the individual of the procedures for 
revising the record or including an explanation in the record, as 
specified in the ``Right to Correct and Complete Information,'' in 
section F of these ASMs.
    5. Fingerprints need not be taken if the employed individual 
(e.g., a licensee employee, contractor, manufacturer, or supplier) 
is relieved from the fingerprinting requirement by 10 CFR 73.61, has 
a favorably adjudicated U.S. Government CHRC within the last five 
(5) years, or has an active Federal security clearance. Written 
confirmation from the Agency/employer who granted the Federal 
security clearance or reviewed the CHRC must be provided to the 
licensee. The licensee must retain this documentation for a period 
of three 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 that 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-5B32M, 
one completed, legible standard fingerprint card (Form FD-258, 
ORIMDNRCOOOZ) or, where practicable, other fingerprint records for 
each individual seeking unescorted access to an ISFSI, to the 
Director of the Division of Facilities and Security, marked for the 
attention of the Division's Criminal History Check Section.
    Copies of these forms may be obtained by writing the Office of 
Information Services, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001, by calling (301) 415-5877, or by e-mail 
to forms@nrc.gov. Practicable alternative formats are set forth in 
10 CFR 73.4. The licensee shall establish procedures to ensure that 
the quality of the fingerprints taken results in minimizing the 
rejection rate of fingerprint cards because of 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 re-submission 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. To be able to submit secure electronic 
payments, licensees will need to establish an account with Pay.Gov 
(https://www.pay.gov). To request an account, the licensee shall 
send an e-mail to det@nrc.gov. The e-mail must include the 
licensee's company name, address, point of contact (POC), POC e-mail 
address, and phone number. The NRC will forward the request to 
Pay.Gov; who will contact the licensee with a password and user lD. 
Once the licensee has 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) 492-3531. Combined payment for multiple applications is 
acceptable. The application fee (currently $26) 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 CHRCs, 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

[[Page 34792]]

provide at least 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 on the criminal history record only upon receipt 
of the FBI's ultimate confirmation or correction of the record. Upon 
a final adverse determination on access to an ISFSI, the licensee 
shall provide the individual its documented basis for denial. Access 
to an ISFSI shall not be granted to an individual during the review 
process.

G. Protection of Information

    1. The licensee shall develop, implement, and maintain a system 
for personnel information management with appropriate procedures for 
the protection of personal, confidential information. This system 
shall be designed to prohibit unauthorized access to sensitive 
information and to prohibit modification of the information without 
authorization.
    2. Each licensee who obtains a criminal history record on an 
individual pursuant to this Order shall establish and maintain a 
system of files and procedures, for protecting the record and the 
personal information from unauthorized disclosure.
    3. The licensee may not disclose the record or personal 
information collected and maintained to persons other than the 
subject individual, his/her representative, or to those who have a 
need to access the information in performing assigned duties in the 
process of determining suitability for unescorted access to the 
protected area of an ISFSI. No individual authorized to have access 
to the information may re-disseminate the information to any other 
individual who does not have the appropriate need to know.
    4. The personal information obtained on an individual from a 
CHRC 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. 2010-14747 Filed 6-17-10; 8:45 am]
BILLING CODE 7590-01-P