In the Matter of Indiana Michigan Power Company; DC Cook Nuclear Plant Independent Spent Fuel Installation; Order Modifying License (Effective Immediately), 20722-20727 [2011-9007]

Download as PDF 20722 Federal Register / Vol. 76, No. 71 / Wednesday, April 13, 2011 / Notices 1. Applicant Paul Ponganis, Center for Marine Biotechnology and Biomedicine, Scripps Institution of Oceanography, University of California, San Diego, La Jolla, CA 92093–0204.. Permit Application No. 2012– 001 mstockstill on DSKH9S0YB1PROD with NOTICES Activity for Which Permit Is Requested Take and Import into the U.S.A. The applicant plans to capture up to 10 fledgling Emperor chicks for research studies at University of California, San Diego. The volume of the air sacs and lungs are critical to the diving physiology of penguins in at least two ways. First, the respiratory oxygen store is estimated to comprise one-third to one-half the total body O2 stores in various species. And second, the ratio of air sac to lung volume is a potential mechanism for prevention of pulmonary barotrauma (‘‘lung squeeze’’). Yet the volumes of the air sacs and lungs have never been directly measured in any penguin species. There have only been indirect estimates based on simulated dives in pressure chambers or on buoyancy-swim speed calculations during dives at sea. Therefore, in this research project, air sac and lung volumes in emperor penguins (Aptenodytes forsteri), king penguins (A. ´ patagonicus), and Adelie penguins (Pygoscelis adeliae) will be measured by 3D reconstructions from computerized tomography (CT) and magnetic resonance imaging (MRI) scans. The study, to be conducted in collaboration with the University of California San Diego Keck Center for Magnetic Resonance Imaging, will utilize captive birds. Subjects from the latter two species are already available. Most of the captive emperor penguins would be considered geriatric and at risk for anesthesia, therefore emperor penguins will be exported as chicks, and then raised and maintained for the study. The export of 10 chicks will have no impact on the Cape Washington colony as emperor penguin chick censuses between 1983 and 2005 have been as high as 24,000 chicks. Given (a) the significance of the volume of the air sacs and lungs in determination of the magnitude and distribution of total body O2 stores, (b) the lack of verification of indirect estimates of diving air volume in penguins, (c) the possibility of air exhalation during many dives of penguins, and d) the limited data used to construct allometric equations to predict air sac/lung volume on the basis of body mass, it is imperative to obtain direct measures of air sac and lung volumes in emperor penguins, king VerDate Mar<15>2010 18:37 Apr 12, 2011 Jkt 223001 ´ penguins, and Adelie penguins. Such direct measurements would provide the maximum available respiratory volume for O2 store calculations and allow better evaluation and interpretation off data obtained with indirect techniques at sea for the three species. This is especially important for emperor penguins, as it is the species in which the most detailed diving physiology studies are available. Location Cape Washington, Terra Nova Bay, Victoria Land. Dates September 1, 2011 to December 31, 2012. Nadene G. Kennedy, Permit Officer, Office of Polar Programs. [FR Doc. 2011–8772 Filed 4–12–11; 8:45 am] BILLING CODE 7555–01–M NUCLEAR REGULATORY COMMISSION [Docket No. 72–72; NRC–2011–0079; EA– 11–039] In the Matter of Indiana Michigan Power Company; DC Cook Nuclear Plant Independent Spent Fuel Installation; Order Modifying License (Effective Immediately) Nuclear Regulatory Commission. AGENCY: Issuance of Order for Implementation of Additional Security Measures and Fingerprinting for Unescorted Access to Indiana Michigan Power Company. ACTION: L. Raynard Wharton, Senior Project Manager, Licensing and Inspection Directorate, Division of Spent Fuel Storage and Transportation, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission (NRC), Rockville, MD 20852. Telephone: 301–492–3316; fax number: 301–492– 3348; e-mail: Raynard.Wharton@nrc.gov. FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: I. Introduction Pursuant to 10 CFR 2.106, the NRC (or the Commission) is providing notice, in the matter of DC Cook Nuclear Plant Independent Spent Fuel Storage Installation (ISFSI) Order Modifying License (Effective Immediately). PO 00000 Frm 00100 Fmt 4703 Sfmt 4703 II. Further Information I NRC has issued a general license to Indiana Michigan Power Company (I&M), 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 I&M 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. 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. E:\FR\FM\13APN1.SGM 13APN1 mstockstill on DSKH9S0YB1PROD with NOTICES Federal Register / Vol. 76, No. 71 / Wednesday, April 13, 2011 / Notices 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 I&M’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 VerDate Mar<15>2010 18:37 Apr 12, 2011 Jkt 223001 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. I&M 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 Waterford Steam Electric Station’s physical security plan. I&M shall demonstrate its ability to comply with 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. I&M must implement these requirements before initially placing spent fuel in the ISFSI. Additionally, I&M must receive written verification from the NRC that it has adequately demonstrated compliance with these requirements before initially placing spent fuel in the ISFSI. B. 1. I&M 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 I&M to be in violation of the provisions of any Commission regulation or the facility license. The notification shall provide I&M’s justification for seeking relief from, or variation of, any specific requirement. 2. If I&M 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, I&M 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, I&M 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. I&M 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. PO 00000 Frm 00101 Fmt 4703 Sfmt 4703 20723 2. I&M shall report to the Commission when it has achieved full compliance with the requirements described in Attachments 1 and 2. D. All measures implemented or actions taken in response to this Order shall be maintained until the Commission determines otherwise. I&M’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 I&M 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, I&M 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, I&M 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 I&M relies and the reasons as to why the Order should not have been issued. If a person other than I&M 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:\FR\FM\13APN1.SGM 13APN1 mstockstill on DSKH9S0YB1PROD with NOTICES 20724 Federal Register / Vol. 76, No. 71 / Wednesday, April 13, 2011 / Notices 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 identification (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 the Electronic Information Exchange System, 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 VerDate Mar<15>2010 18:37 Apr 12, 2011 Jkt 223001 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/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/ e-submittals.html, by e-mail at MSHD.Resource@nrc.gov, or by a tollfree call at 1–866–672–7640. 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 PO 00000 Frm 00102 Fmt 4703 Sfmt 4703 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 electronic hearing docket which is available to the public at http:// ehd1.nrc.gov/EHD/, 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 I&M 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), I&M 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 E:\FR\FM\13APN1.SGM 13APN1 Federal Register / Vol. 76, No. 71 / Wednesday, April 13, 2011 / Notices for hearing shall not stay the immediate effectiveness of this order. Dated at Rockville, Maryland, this 6th day of April 2011. 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. mstockstill on DSKH9S0YB1PROD with NOTICES 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 VerDate Mar<15>2010 18:37 Apr 12, 2011 Jkt 223001 must address at least the past 3 years and, as a minimum, must include: i. Fingerprinting and a Federal Bureau of Investigation (FBI) identification and criminal history records check (CHRC). Where an applicant for unescorted access has been previously fingerprinted with a favorably completed CHRC, (such as a CHRC pursuant to compliance with orders for access to safeguards information) the licensee may accept the results of that CHRC, and need not submit another set of fingerprints, provided the CHRC was completed not more than 3 years from the date of the application for unescorted access. ii. Verification of employment with each previous employer for the most recent year from the date of application. iii. Verification of employment with an employer of the longest duration during any calendar month for the remaining next most recent 2 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 3 years, and/or academic enrollment and attendance in lieu of employment, for the past 5 years. c. Licensees need not conduct an independent investigation for individuals employed at a facility who possess active ‘‘Q’’ or ‘‘L’’ clearances or possess another active U.S. Government-granted security clearance (i.e., Top Secret, Secret, or Confidential). d. A review of the applicant’s criminal history, obtained from local criminal justice resources, may be included in addition to the FBI CHRC, and is encouraged if the results of the FBI CHRC, employment check, or credit check disclose derogatory information. PO 00000 Frm 00103 Fmt 4703 Sfmt 4703 20725 The scope of the applicant’s local criminal history check shall cover all residences of record for the past 3 years from the date of the application for unescorted access. 2. The licensee shall use any information obtained as part of a CHRC solely for the purpose of determining an individual’s suitability for unescorted access to the protected area of an ISFSI. 3. The licensee shall document the basis for its determination for granting or denying access to the protected area of an ISFSI. 4. The licensee shall develop, implement, and maintain procedures for updating background investigations for persons who are applying for reinstatement of unescorted access. Licensees need not conduct an independent reinvestigation for individuals who possess active ‘‘Q’’ or ‘‘L’’ clearances or possess another active U.S. Government granted security clearance, i.e., Top Secret, Secret or Confidential. 5. The licensee shall develop, implement, and maintain procedures for reinvestigations of persons granted unescorted access, at intervals not to exceed 5 years. Licensees need not conduct an independent reinvestigation for individuals employed at a facility who possess active ‘‘Q’’ or ‘‘L’’ clearances or possess another active U.S. Government granted security clearance, i.e., Top Secret, Secret or Confidential. 6. The licensee shall develop, implement, and maintain procedures designed to ensure that persons who have been denied unescorted access authorization to the facility are not allowed access to the facility, even under escort. 7. The licensee shall develop, implement, and maintain an audit program for licensee and contractor/ vendor access authorization programs that evaluate all program elements and include a person knowledgeable and practiced in access authorization program performance objectives to assist in the overall assessment of the site’s program effectiveness. C. Fingerprinting Program Requirements 1. In a letter to the NRC, the licensee must nominate an individual who will review the results of the FBI CHRCs to make trustworthiness and reliability determinations for unescorted access to an ISFSI. This individual, referred to as the ‘‘reviewing official,’’ must be someone who requires unescorted access to the ISFSI. The NRC will review the CHRC of any individual nominated to perform the reviewing official function. Based on the results of the CHRC, the NRC staff will determine E:\FR\FM\13APN1.SGM 13APN1 mstockstill on DSKH9S0YB1PROD with NOTICES 20726 Federal Register / Vol. 76, No. 71 / Wednesday, April 13, 2011 / Notices 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. 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 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 3 years 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 18:37 Apr 12, 2011 Jkt 223001 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 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– 05B32M, 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 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, PO 00000 Frm 00104 Fmt 4703 Sfmt 4703 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 E:\FR\FM\13APN1.SGM 13APN1 Federal Register / Vol. 76, No. 71 / Wednesday, April 13, 2011 / Notices agency (i.e., law enforcement agency) that contributed the questioned information, or direct challenge as to the accuracy or completeness of any entry on the criminal history record to the Assistant Director, Federal Bureau of Investigation Identification Division, Washington, DC 20537–9700 (as set forth in 28 CFR 16.30 through 16.34). In the latter case, the FBI forwards the challenge to the agency that submitted the data and requests that agency to verify or correct the challenged entry. Upon receipt of an official communication directly from the agency that contributed the original information, the FBI Identification Division makes any changes necessary in accordance with the information supplied by that agency. The licensee must provide at least 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. mstockstill on DSKH9S0YB1PROD with NOTICES G. Protection of Information 1. The licensee shall develop, implement, and maintain a system for personnel information management with appropriate procedures for the protection of personal, confidential information. This system shall be designed to prohibit unauthorized access to sensitive information and to prohibit modification of the information without authorization. 2. Each licensee who obtains a criminal history record on an individual pursuant to this Order shall establish and maintain a system of files and procedures, for protecting the record and the personal information from unauthorized disclosure. 3. The licensee may not disclose the record or personal information collected and maintained to persons other than the subject individual, his/her representative, or to those who have a need to access the information in performing assigned duties in the process of determining suitability for unescorted access to the protected area of an ISFSI. No individual authorized to have access to the information may redisseminate the information to any other individual who does not have the appropriate need to know. VerDate Mar<15>2010 18:37 Apr 12, 2011 Jkt 223001 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. 2011–9007 Filed 4–12–11; 8:45 am] BILLING CODE 7590–01–P SECURITIES AND EXCHANGE COMMISSION [Release No. IC–29627; File No. 812–13806] National Life Insurance Company, et al. April 7, 2011. Securities and Exchange Commission (‘‘Commission’’). ACTION: Notice of application for an order pursuant to Section 26(c) of the Investment Company Act of 1940 (the ‘‘1940 Act’’). AGENCY: National Life Insurance Company (‘‘NLIC’’), National Variable Annuity Account II (‘‘Annuity Account’’), National Variable Life Insurance Account (‘‘Life Account’’, and together with Annuity Account, ‘‘Separate Accounts’’). SUMMARY OF APPLICATION: Applicants request an order of the Commission pursuant to Section 26(c) of 1940 Act, as amended, approving the substitution of shares of the Money Market Portfolio (the ‘‘Replacement Portfolio’’) of the Variable Insurance Products Fund V (‘‘VIPFV’’) for shares of the Money Market Fund (the ‘‘Substituted Portfolio’’) of the Sentinel Variable Products Trust (‘‘SVPT’’) held by the Separate Accounts to support variable annuity contracts or variable life insurance contracts (collectively, the ‘‘Contracts’’) issued by NLIC. FILING DATE: The application was originally filed on July 26, 2010 and amended on December 13, 2010, and March 28, 2011. HEARING OR NOTIFICATION OF HEARING: An order granting the application will be issued unless the Commission orders a hearing. Interested persons may request a hearing by writing to the APPLICANTS: PO 00000 Frm 00105 Fmt 4703 Sfmt 4703 20727 Secretary of the Commission and serving NLIC with a copy of the request, personally or by mail. Hearing requests must be received by the Commission by 5:30 p.m. on April 28, 2011, and should be accompanied by proof of service on NLIC in the form of an affidavit or, for lawyers, a certificate of service. Hearing requests should state the nature of the requester’s interest, the reason for the request, and the issues contested. Persons who wish to be notified of a hearing may request notification by writing to the Secretary of the Commission. ADDRESSES: Secretary, Securities and Exchange Commission, 100 F Street, NE., Washington, DC 20549–1090. Applicants, c/o Lisa F. Muller, Counsel, National Life Insurance Company, National Life Drive, Montpelier, Vermont 05604. FOR FURTHER INFORMATION CONTACT: Craig Ruckman, Attorney-Adviser, at (202) 551–6753 or Michael Kosoff, Branch Chief, Office of Insurance Products, Division of Investment Management, at (202) 551–6754. SUPPLEMENTARY INFORMATION: The following is a summary of the application. The complete application may be obtained via the Commission’s Web site by searching for the file number, or an applicant using the Company name box, at http:// www.sec.gov/search/search.htm or by calling (202) 551–8090. Applicants’ Representations 1. NLIC is a stock life insurance company, all the outstanding stock of which is indirectly owned by National Life Holding Company, a mutual insurance holding company established under Vermont law on January 1, 1999. NLIC is authorized to transact life insurance and annuity business in Vermont and in 50 other jurisdictions. For purposes of the 1940 Act, NLIC is the depositor and sponsor of the Annuity Account and the Life Account as those terms have been interpreted by the Commission with respect to variable life insurance and variable annuity separate accounts. 2. Under Vermont law, the assets of each Separate Account attributable to the Contracts through which interests in that Separate Account are issued are owned by NLIC but are held separately from all other assets of NLIC for the benefit of the owners of, and the persons entitled to payment under, those Contracts. Consequently, the assets in each Separate Account equal to the reserves and other contract liabilities of the Separate Account are not chargeable with liabilities arising out of any other E:\FR\FM\13APN1.SGM 13APN1

Agencies

[Federal Register Volume 76, Number 71 (Wednesday, April 13, 2011)]
[Notices]
[Pages 20722-20727]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-9007]


=======================================================================
-----------------------------------------------------------------------

NUCLEAR REGULATORY COMMISSION

[Docket No. 72-72; NRC-2011-0079; EA-11-039]


In the Matter of Indiana Michigan Power Company; DC Cook Nuclear 
Plant Independent Spent Fuel Installation; Order Modifying License 
(Effective Immediately)

AGENCY: Nuclear Regulatory Commission.

ACTION: Issuance of Order for Implementation of Additional Security 
Measures and Fingerprinting for Unescorted Access to Indiana Michigan 
Power Company.

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

FOR FURTHER INFORMATION CONTACT:  L. Raynard Wharton, Senior Project 
Manager, Licensing and Inspection Directorate, Division of Spent Fuel 
Storage and Transportation, Office of Nuclear Material Safety and 
Safeguards, 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, the NRC (or the Commission) is providing 
notice, in the matter of DC Cook Nuclear Plant Independent Spent Fuel 
Storage Installation (ISFSI) Order Modifying License (Effective 
Immediately).

II. Further Information

I

    NRC has issued a general license to Indiana Michigan Power Company 
(I&M), 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 I&M 
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.

[[Page 20723]]

    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 I&M'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. I&M 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 Waterford Steam Electric Station's 
physical security plan. I&M shall demonstrate its ability to comply 
with 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. 
I&M must implement these requirements before initially placing spent 
fuel in the ISFSI. Additionally, I&M must receive written verification 
from the NRC that it has adequately demonstrated compliance with these 
requirements before initially placing spent fuel in the ISFSI.
    B. 1. I&M 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 I&M to 
be in violation of the provisions of any Commission regulation or the 
facility license. The notification shall provide I&M's justification 
for seeking relief from, or variation of, any specific requirement.
    2. If I&M 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, I&M 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, I&M 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. I&M 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. I&M shall report to the Commission when it has achieved full 
compliance with the requirements described in Attachments 1 and 2.
    D. All measures implemented or actions taken in response to this 
Order shall be maintained until the Commission determines otherwise.
    I&M'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 I&M 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, I&M 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, 
I&M 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 I&M relies 
and the reasons as to why the Order should not have been issued. If a 
person other than I&M 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

[[Page 20724]]

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 identification (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 the Electronic Information Exchange System, 
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 1-866-672-7640. 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 electronic hearing docket which is available to the public at 
http://ehd1.nrc.gov/EHD/, 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 I&M 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), I&M 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

[[Page 20725]]

for hearing shall not stay the immediate effectiveness of this order.

    Dated at Rockville, Maryland, this 6th day of April 2011.

    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 3 
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 3 years 
from the date of the application for unescorted access.
    ii. Verification of employment with each previous employer for the 
most recent year from the date of application.
    iii. Verification of employment with an employer of the longest 
duration during any calendar month for the remaining next most recent 2 
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 3 years, and/or academic enrollment and attendance in lieu of 
employment, for the past 5 years.
    c. Licensees need not conduct an independent investigation for 
individuals employed at a facility who possess active ``Q'' or ``L'' 
clearances or possess another active U.S. Government-granted security 
clearance (i.e., Top Secret, Secret, or Confidential).
    d. A review of the applicant's criminal history, obtained from 
local criminal justice resources, may be included in addition to the 
FBI CHRC, and is encouraged if the results of the FBI CHRC, employment 
check, or credit check disclose derogatory information. The scope of 
the applicant's local criminal history check shall cover all residences 
of record for the past 3 years from the date of the application for 
unescorted access.
    2. The licensee shall use any information obtained as part of a 
CHRC solely for the purpose of determining an individual's suitability 
for unescorted access to the protected area of an ISFSI.
    3. The licensee shall document the basis for its determination for 
granting or denying access to the protected area of an ISFSI.
    4. The licensee shall develop, implement, and maintain procedures 
for updating background investigations for persons who are applying for 
reinstatement of unescorted access. Licensees need not conduct an 
independent reinvestigation for individuals who possess active ``Q'' or 
``L'' clearances or possess another active U.S. Government granted 
security clearance, i.e., Top Secret, Secret or Confidential.
    5. The licensee shall develop, implement, and maintain procedures 
for reinvestigations of persons granted unescorted access, at intervals 
not to exceed 5 years. Licensees need not conduct an independent 
reinvestigation for individuals employed at a facility who possess 
active ``Q'' or ``L'' clearances or possess another active U.S. 
Government granted security clearance, i.e., Top Secret, Secret or 
Confidential.
    6. The licensee shall develop, implement, and maintain procedures 
designed to ensure that persons who have been denied unescorted access 
authorization to the facility are not allowed access to the facility, 
even under escort.
    7. The licensee shall develop, implement, and maintain an audit 
program for licensee and contractor/vendor access authorization 
programs that evaluate all program elements and include a person 
knowledgeable and practiced in access authorization program performance 
objectives to assist in the overall assessment of the site's program 
effectiveness.

C. Fingerprinting Program Requirements

    1. In a letter to the NRC, the licensee must nominate an individual 
who will review the results of the FBI CHRCs to make trustworthiness 
and reliability determinations for unescorted access to an ISFSI. This 
individual, referred to as the ``reviewing official,'' must be someone 
who requires unescorted access to the ISFSI. The NRC will review the 
CHRC of any individual nominated to perform the reviewing official 
function. Based on the results of the CHRC, the NRC staff will 
determine

[[Page 20726]]

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 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 3 years from the date the individual 
no longer requires access to the facility.

D. Prohibitions

    1. A licensee shall not base a final determination to deny an 
individual unescorted access to the protected area of an ISFSI solely 
on the basis of information received from the FBI involving: an arrest 
more than 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-05B32M, 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

[[Page 20727]]

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 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. 2011-9007 Filed 4-12-11; 8:45 am]
BILLING CODE 7590-01-P