Order Imposing Requirements for the Protection of Certain Safeguards Information (Effective Immediately); In the Matter of Licensee Identified in Attachment 1 and All Other Persons Who Obtain Safeguards Information Described Herein, 40773-40776 [2013-16285]
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Federal Register / Vol. 78, No. 130 / Monday, July 8, 2013 / Notices
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,
ORIMDNRC000Z), or where practicable,
other fingerprint records for each
individual seeking access to Safeguards
Information, to the Director of the
Division of Facilities and Security,
marked for the attention of the
Division’s Criminal History Program.
Copies of these forms may be obtained
by writing the Office of Information
Services, U.S. Nuclear Regulatory
Commission, Washington, DC 20555, by
calling 630–829–9565, or by email to
forms.resource@nrc.gov. Practicable
alternative formats are set forth in 10
CFR 73.4. The Licensee shall establish
procedures to ensure that the quality of
the fingerprints taken results in
minimizing the rejection rate of
fingerprint cards due to illegible or
incomplete cards.
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,
they will be treated as initial submittals
and will require a second payment of
the processing fee.
Fees for processing fingerprint checks
are due upon application. Licensees
shall submit payment with the
application for processing fingerprints
by corporate check, certified check,
cashier’s check, or money order, made
payable to ‘‘U.S. NRC.’’ [For 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 the
NRC handling of Licensee fingerprint
submissions. The Commission will
directly notify Licensees who are
subject to this regulation of any fee
changes.
The Commission will forward to the
submitting Licensee all data received
from the FBI as a result of the Licensee’s
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application(s) for criminal history
records checks, including the FBI
fingerprint record.
Right To Correct and Complete
Information
Prior to any final adverse
determination, the Licensee shall make
available to the individual the contents
of any criminal records obtained from
the FBI for the purpose of assuring
correct and complete information.
Written confirmation by the individual
of receipt of this notification must be
maintained by the Licensee for a period
of one (1) year from the date of the
notification.
If, after reviewing the record, an
individual believes that it is incorrect or
incomplete in any respect and wishes to
change, correct, or update the alleged
deficiency, or to explain any matter in
the record, the individual may initiate
challenge procedures. These procedures
include either direct application by the
individual challenging the record to the
agency (i.e., law enforcement agency)
that contributed the questioned
information, or direct challenge as to the
accuracy or completeness of any entry
on the criminal history record to the
Assistant Director, Federal Bureau of
Investigation Identification Division,
Washington, DC 20537–9700 (as set
forth in 28 CFR 16.30 through 16.34). In
the latter case, the FBI forwards the
challenge to the agency that submitted
the data and requests that agency to
verify or correct the challenged entry.
Upon receipt of an official
communication directly from the agency
that contributed the original
information, the FBI Identification
Division makes any changes necessary
in accordance with the information
supplied by that agency. The Licensee
must provide at least ten (10) days for
an individual to initiate an action
challenging the results of an FBI
criminal history records check after the
record is made available for his/her
review. The Licensee may make a final
SGI access determination based upon
the criminal history record only upon
receipt of the FBI’s ultimate
confirmation or correction of the record.
Upon a final adverse determination on
access to SGI, the Licensee shall provide
the individual its documented basis for
denial. Access to SGI shall not be
granted to an individual during the
review process.
Protection of Information
1. Each Licensee who obtains a
criminal history record on an individual
pursuant to this Order shall establish
and maintain a system of files and
procedures for protecting the record and
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40773
the personal information from
unauthorized disclosure.
2. The Licensee may not disclose the
record or personal information collected
and maintained to persons other than
the subject individual, his/her
representative, or to those who have a
need to access the information in
performing assigned duties in the
process of determining access to
Safeguards Information. No individual
authorized to have access to the
information may re-disseminate the
information to any other individual who
does not have a need-to-know.
3. The personal information obtained
on an individual from a criminal history
record check may be transferred to
another Licensee if the Licensee holding
the criminal history record check
receives the individual’s written request
to re-disseminate the information
contained in his/her file, and the
gaining Licensee verifies information
such as the individual’s name, date of
birth, social security number, sex, and
other applicable physical characteristics
for identification purposes.
4. The Licensee shall make criminal
history records, obtained under this
section, available for examination by an
authorized representative of the NRC to
determine compliance with the
regulations and laws.
5. The Licensee shall retain all
fingerprint and criminal history records
received from the FBI, or a copy if the
individual’s file has been transferred,
for three (3) years after termination of
employment or determination of access
to SGI (whether access was approved or
denied). After the required three (3) year
period, these documents shall be
destroyed by a method that will prevent
reconstruction of the information in
whole or in part.
[FR Doc. 2013–16288 Filed 7–5–13; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[EA–13–040; NRC–2013–0144]
Order Imposing Requirements for the
Protection of Certain Safeguards
Information (Effective Immediately); In
the Matter of Licensee Identified in
Attachment 1 and All Other Persons
Who Obtain Safeguards Information
Described Herein
I
The Licensee, identified in
Attachment 1 1 to this Order, holds a
1 Attachment 1 contains sensitive information
and will not be released to the public.
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Federal Register / Vol. 78, No. 130 / Monday, July 8, 2013 / Notices
license issued in accordance with the
Atomic Energy Act of 1954, as amended,
(AEA) by the U.S. Nuclear Regulatory
Commission (NRC) or an Agreement
State, authorizing it to possess, use, and
transfer items containing radioactive
material quantities of concern. The NRC
intends to issue security Orders to this
licensee in the near future. The Order
will require compliance with specific
Additional Security Measures to
enhance the security for certain
radioactive material quantities of
concern. The Commission has
determined that these documents will
contain Safeguards Information, will not
be released to the public, and must be
protected from unauthorized disclosure.
Therefore, the Commission is imposing
the requirements, as set forth in
Attachments 2 and 3 to this Order and
in Order EA–13–041 (NRC–2013–0145),
so that the Licensee can receive these
documents. This Order also imposes
requirements for the protection of
Safeguards Information in the hands of
any person,2 whether or not a licensee
of the Commission, who produces,
receives, or acquires Safeguards
Information.
II
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The Commission has broad statutory
authority to protect and prohibit the
unauthorized disclosure of Safeguards
Information. Section 147 of the AEA
grants the Commission explicit
authority to ‘‘. . . issue such orders, as
necessary to prohibit the unauthorized
disclosure of safeguards information
. . . .’’ This authority extends to
information concerning the security
measures for the physical protection of
special nuclear material, source
material, and byproduct material.
Licensees and all persons who produce,
receive, or acquire Safeguards
Information must ensure proper
handling and protection of Safeguards
Information to avoid unauthorized
disclosure in accordance with the
specific requirements for the protection
of Safeguards Information contained in
Attachments 2 and 3 to this Order. The
Commission hereby provides notice that
it intends to treat violations of the
2 Person means (1) any individual, corporation,
partnership, firm, association, trust, estate, public
or private institution, group, government agency
other than the Commission or the U.S. Department
of Energy (DOE), except that the DOE shall be
considered a person with respect to those facilities
of the DOE specified in section 202 of the Energy
Reorganization Act of 1974 (88 Stat. 1244), any
State or any political subdivision of, or any political
entity within a State, any foreign government or
nation or any political subdivision of any such
government or nation, or other entity; and (2) any
legal successor, representative, agent, or agency of
the foregoing.
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requirements contained in Attachments
2 and 3 to this Order applicable to the
handling and unauthorized disclosure
of Safeguards Information as serious
breaches of adequate protection of the
public health and safety and the
common defense and security of the
United States.
Access to Safeguards Information is
limited to those persons who have
established the need-to-know the
information, are considered to be
trustworthy and reliable, and meet the
requirements of Order EA–13–041. A
need-to-know means a determination by
a person having responsibility for
protecting Safeguard Information that a
proposed recipient’s access to
Safeguards Information is necessary in
the performance of official, contractual,
or licensee duties of employment.
The Licensee and all other persons
who obtain Safeguards Information
must ensure that they develop, maintain
and implement strict policies and
procedures for the proper handling of
Safeguards Information to prevent
unauthorized disclosure, in accordance
with the requirements in Attachments 2
and 3 to this Order. The Licensee must
ensure that all contractors whose
employees may have access to
Safeguards Information either adhere to
the licensee’s policies and procedures
on Safeguards Information or develop,
or maintain and implement their own
acceptable policies and procedures. The
Licensee remains responsible for the
conduct of their contractors. The
policies and procedures necessary to
ensure compliance with applicable
requirements contained in Attachments
2 and 3 to this Order must address, at
a minimum, the following: the general
performance requirement that each
person who produces, receives, or
acquires Safeguards Information shall
ensure that Safeguards Information is
protected against unauthorized
disclosure; protection of Safeguards
Information at fixed sites, in use and in
storage, and while in transit;
correspondence containing Safeguards
Information; access to Safeguards
Information; preparation, marking,
reproduction and destruction of
documents; external transmission of
documents; use of automatic data
processing systems; removal of the
Safeguards Information category; the
need-to-know the information; and
background checks to determine access
to the information.
In order to provide assurance that the
Licensee is implementing prudent
measures to achieve a consistent level of
protection to prohibit the unauthorized
disclosure of Safeguards Information,
the Licensee shall implement the
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requirements identified in Attachments
2 and 3 to this Order. In addition,
pursuant to 10 CFR Part 2.202, I find
that in light of the common defense and
security matters identified above, which
warrant the issuance of this Order, the
public health, safety and interest require
that this Order be effective immediately.
III
Accordingly, pursuant to Sections 81,
147, 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, 10 CFR
Part 30, 10 CFR Part 32, 10 CFR Part 35,
10 CFR Part 70, and 10 CFR Part 73, it
is hereby ordered, effective
immediately, that all licensees
identified in attachment 1 to this order
and all other persons who produce,
receive, or acquire the additional
security measures identified above
(whether draft or final) or any related
safeguards information shall comply
with the requirements of attachments 2
and 3 to this order.
The Director, Office of Federal and
State Materials and Environmental
Management Programs, may, in writing,
relax or rescind any of the above
conditions upon demonstration of good
cause by the licensee.
IV
In accordance with 10 CFR 2.202, the
Licensee must, and any other person
adversely affected by this Order may,
submit an answer to this Order within
twenty (20) days of the date of this
Order. In addition, the Licensee and any
other person adversely affected by this
Order may request a hearing of this
Order within twenty (20) days of the
date of the Order. Where good cause is
shown, consideration will be given to
extending the time to request a hearing.
A request for extension of time must
be made, in writing, to the Director,
Office of Federal and State Materials
and Environmental Management
Programs, 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 the
Licensee relies and the reasons as to
why the Order should not have been
issued. If a person other than the
Licensee requests a hearing, that person
shall set forth with particularity the
manner in which his interest is
adversely affected by this Order and
shall address the criteria set forth in 10
CFR 2.309(d).
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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
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 email 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 ESubmittal server for any proceeding in
which it is participating; and (2) advise
the Secretary that the participant will be
submitting a request or petition for
hearing (even in instances in which the
participant, or its counsel or
representative, already holds an NRCissued digital ID certificate). Based upon
this information, the Secretary will
establish an electronic docket for the
hearing in this proceeding if the
Secretary has not already established an
electronic docket.
Information about applying for a
digital ID certificate is available on
NRC’s public Web site at https://
www.nrc.gov/site-help/e-submittals/
apply-certificates.html. System
requirements for accessing the ESubmittal server are detailed in NRC’s
‘‘Guidance for Electronic Submission,’’
which is available on the agency’s
public Web site at https://www.nrc.gov/
site-help/e-submittals.html. Participants
may attempt to use other software not
listed on the Web site, but should note
that the NRC’s E-Filing system does not
support unlisted software, and the NRC
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
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documents through Electronic
Information Exchange, users will be
required to install a Web browser plugin from the NRC Web site. Further
information on the Web-based
submission form, including the
installation of the Web browser plug-in,
is available on the NRC’s public Web
site at https://www.nrc.gov/site-help/esubmittals.html.
Once a participant has obtained a
digital ID certificate and a docket has
been created, the participant can then
submit a request for a hearing or
petition for leave to intervene.
Submissions should be in Portable
Document Format (PDF) in accordance
with NRC guidance available on the
NRC public Web site at https://
www.nrc.gov/site-help/esubmittals.html. A filing is considered
complete at the time the documents are
submitted through the NRC’s E-Filing
system. To be timely, an electronic
filing must be submitted to the E-Filing
system no later than 11:59 p.m. Eastern
Time on the due date. Upon receipt of
a transmission, the E-Filing system
time-stamps the document and sends
the submitter an email 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 document on those
participants separately. Therefore,
applicants and other participants (or
their counsel or representative) must
apply for and receive a digital ID
certificate before a hearing request/
petition to intervene is filed so that they
can obtain access to the document via
the E-Filing system.
A person filing electronically using
the agency’s adjudicatory E-Filing
system may seek assistance by
contacting the NRC Meta System Help
Desk through the ‘‘Contact Us’’ link
located on the NRC Web site at https://
www.nrc.gov/site-help/esubmittals.html, by email 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 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
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40775
by: (1) First class mail addressed to the
Office of the Secretary of the
Commission, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001, Attention: Rulemaking and
Adjudications Staff; or (2) courier,
express mail, or expedited delivery
service to the Office of the Secretary,
Sixteenth Floor, One White Flint North,
11555 Rockville Pike, Rockville,
Maryland, 20852, Attention:
Rulemaking and Adjudications Staff.
Participants filing a document in this
manner are responsible for serving the
document on all other participants.
Filing is considered complete by firstclass mail as of the time of deposit in
the mail, or by courier, express mail, or
expedited delivery service upon
depositing the document with the
provider of the service. 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 https://
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 the
Licensee or a person whose interest is
adversely affected, the Commission will
issue an Order designating the time and
place of any hearing. If a hearing is held
the issue to be considered at such
hearing shall be whether this Order
should be sustained.
Pursuant to 10 CFR 2.202(c)(2)(i), the
Licensee may, in addition to 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 ground that the Order,
including the need for immediate
effectiveness, is not based on adequate
evidence but on mere suspicion,
unfounded allegations, or error.
In the absence of any request for
hearing, or written approval of an
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extension of time in which to request a
hearing, the provisions specified in
Section III above shall be final twenty
(20) days from the date of this Order
without further order or proceedings.
If an extension of time for requesting
a hearing has been approved, the
provisions 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 27th day
of June, 2013.
For the Nuclear Regulatory Commission.
Brian J. McDermott,
Director, Division of Materials Safety and
State Agreements, Office of Federal and State
Materials and Environmental Management
Programs.
Attachment 1: List of Applicable
Materials Licensees
Attachment 2: Modified Handling
Requirements for the Protection of
Certain Safeguards Information (SGI–
M) General Requirement
Redacted
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Attachment 3: Trustworthiness and
Reliability Requirements for
Individuals Handling Safeguards
Information
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BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
Issuance of Regulatory Guide 1.124
and Regulatory Guide 1.130
Nuclear Regulatory
Commission.
ACTION: Regulatory Guide; Issuance.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) is issuing Revision 3
of Regulatory Guide (RG) 1.124,
‘‘Service Limits and Loading
Combinations for Class 1 Linear-Type
Supports,’’ and Revision 3 of RG 1.130,
‘‘Service Limits and Loading
Combinations for Class 1 Plate-andShell-Type Supports.’’ There are no
substantive changes to these regulatory
guides. The revisions include an update
of the Edition and Addenda of the
American Society of Mechanical
Engineers (ASME) Boiler and Pressure
Vessel Code (B&PVC). Regulatory
Guides 1.124 and 1.130 delineates levels
of service limits and appropriate
combinations of loadings associated
with normal operation, postulated
accidents, and specified seismic events
for the design of Class 1 linear-type
component and piping supports, and
Class 1 plate-and-shell-type component
and piping supports, respectively.
ADDRESSES: Please refer to Docket ID
NRC–2013–0141 when contacting the
NRC about the availability of
information regarding these documents.
You may access information related to
these documents, which the NRC
possesses and are publicly available,
using any of the following methods:
• Federal Rulemaking Web site: Go to
https://www.regulations.gov and search
for Docket ID NRC–2013–0141. Address
questions about NRC dockets to Carol
SUMMARY:
In order to ensure the safe handling,
use, and control of information
designated as Safeguards Information,
each licensee shall control and limit
access to the information to only those
individuals who have established the
need-to-know the information, and are
considered to be trustworthy and
reliable. Licensees shall document the
basis for concluding that there is
reasonable assurance that individuals
granted access to Safeguards
Information are trustworthy and
reliable, and do not constitute an
unreasonable risk for malevolent use of
the information.
The Licensee shall comply with the
requirements of this attachment:
1. The trustworthiness and reliability
of an individual shall be determined
based on a background investigation:
(a) The background investigation shall
address at least the past three years and,
at a minimum, include verification of
employment, education, and personal
references. The licensee shall also, to
the extent possible, obtain independent
information to corroborate that provided
by the employee (i.e., seeking references
not supplied by the individual).
(b) If an individual’s employment has
been less than the required three-year
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[NRC–2013–0141]
Redacted
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period, educational references may be
used in lieu of employment history.
The licensee’s background
investigation requirements may be
satisfied for an individual that has an
active Federal security clearance.
2. The licensee shall retain
documentation regarding the
trustworthiness and reliability of
individual employees for three years
after the individual’s employment ends.
In order for an individual to be
granted access to Safeguards
Information, the individual must be
determined to be trustworthy and
reliable, as described in requirement 1
above, and meet the requirements of
NRC Order EA–13–041.
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Gallagher; telephone: 301–492–3668;
email: Carol.Gallagher@nrc.gov. For
technical questions, contact the
individual(s) listed in the FOR FURTHER
INFORMATION CONTACT section of this
document.
• NRC’s Agencywide Documents
Access and Management System
(ADAMS): You may access publicly
available documents online in the NRC
Library at https://www.nrc.gov/readingrm/adams.html. To begin the search,
select ‘‘ADAMS Public Documents’’ and
then select ‘‘Begin Web-based ADAMS
Search.’’ For problems with ADAMS,
please contact the NRC’s Public
Document Room (PDR) reference staff at
1–800–397–4209, 301–415–4737, or by
email to pdr.resource@nrc.gov. Revision
3 of RG 1.124 and Revision 3 of RG
1.130 are available in ADAMS under
Accession Nos. ML13141A666 and
ML13141A667, respectively.
• NRC’s PDR: You may examine and
purchase copies of public documents at
the NRC’s Public Document Room O1–
F21, One White Flint North, 11555
Rockville Pike, Rockville, Maryland
20852.
Regulatory guides are not
copyrighted, and NRC approval is not
required to reproduce them.
FOR FURTHER INFORMATION CONTACT:
Hector Rodriguez-Luccioni, Office of
Nuclear Regulatory Research, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001; telephone:
301–251–7685, email: Hector.RodriguezLuccioni@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
The NRC is issuing a revision to
existing guides in the NRC’s
‘‘Regulatory Guide’’ series. Regulatory
guides were developed to describe and
make available to the public information
methods that are acceptable to the NRC
staff for implementing specific parts of
the agency’s regulations, techniques that
the staff uses in evaluating specific
problems or postulated accidents, and
data that the staff needs in its review of
applications for permits and licenses.
The NRC is issuing Revision 3 of RG
1.124 (ADAMS Accession No. ML
13141A666) and Revision 3 of RG 1.130
(ADAMS Accession No. ML13141A667)
as final regulatory guides without an
opportunity for public comment,
because the changes between Revision 2
and Revision 3 are non-substantive. The
most significant change in Revision 3 of
both regulatory guides is the approval
for use of the 2007 Edition through the
2008 Addenda of the Boiler and
Pressure Vessel Code (ASME B&PV
Code), Section III, Division 1 (limited to
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[Federal Register Volume 78, Number 130 (Monday, July 8, 2013)]
[Notices]
[Pages 40773-40776]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-16285]
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NUCLEAR REGULATORY COMMISSION
[EA-13-040; NRC-2013-0144]
Order Imposing Requirements for the Protection of Certain
Safeguards Information (Effective Immediately); In the Matter of
Licensee Identified in Attachment 1 and All Other Persons Who Obtain
Safeguards Information Described Herein
I
The Licensee, identified in Attachment 1 \1\ to this Order, holds a
[[Page 40774]]
license issued in accordance with the Atomic Energy Act of 1954, as
amended, (AEA) by the U.S. Nuclear Regulatory Commission (NRC) or an
Agreement State, authorizing it to possess, use, and transfer items
containing radioactive material quantities of concern. The NRC intends
to issue security Orders to this licensee in the near future. The Order
will require compliance with specific Additional Security Measures to
enhance the security for certain radioactive material quantities of
concern. The Commission has determined that these documents will
contain Safeguards Information, will not be released to the public, and
must be protected from unauthorized disclosure. Therefore, the
Commission is imposing the requirements, as set forth in Attachments 2
and 3 to this Order and in Order EA-13-041 (NRC-2013-0145), so that the
Licensee can receive these documents. This Order also imposes
requirements for the protection of Safeguards Information in the hands
of any person,\2\ whether or not a licensee of the Commission, who
produces, receives, or acquires Safeguards Information.
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\1\ Attachment 1 contains sensitive information and will not be
released to the public.
\2\ Person means (1) any individual, corporation, partnership,
firm, association, trust, estate, public or private institution,
group, government agency other than the Commission or the U.S.
Department of Energy (DOE), except that the DOE shall be considered
a person with respect to those facilities of the DOE specified in
section 202 of the Energy Reorganization Act of 1974 (88 Stat.
1244), any State or any political subdivision of, or any political
entity within a State, any foreign government or nation or any
political subdivision of any such government or nation, or other
entity; and (2) any legal successor, representative, agent, or
agency of the foregoing.
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II
The Commission has broad statutory authority to protect and
prohibit the unauthorized disclosure of Safeguards Information. Section
147 of the AEA grants the Commission explicit authority to ``. . .
issue such orders, as necessary to prohibit the unauthorized disclosure
of safeguards information . . . .'' This authority extends to
information concerning the security measures for the physical
protection of special nuclear material, source material, and byproduct
material. Licensees and all persons who produce, receive, or acquire
Safeguards Information must ensure proper handling and protection of
Safeguards Information to avoid unauthorized disclosure in accordance
with the specific requirements for the protection of Safeguards
Information contained in Attachments 2 and 3 to this Order. The
Commission hereby provides notice that it intends to treat violations
of the requirements contained in Attachments 2 and 3 to this Order
applicable to the handling and unauthorized disclosure of Safeguards
Information as serious breaches of adequate protection of the public
health and safety and the common defense and security of the United
States.
Access to Safeguards Information is limited to those persons who
have established the need-to-know the information, are considered to be
trustworthy and reliable, and meet the requirements of Order EA-13-041.
A need-to-know means a determination by a person having responsibility
for protecting Safeguard Information that a proposed recipient's access
to Safeguards Information is necessary in the performance of official,
contractual, or licensee duties of employment.
The Licensee and all other persons who obtain Safeguards
Information must ensure that they develop, maintain and implement
strict policies and procedures for the proper handling of Safeguards
Information to prevent unauthorized disclosure, in accordance with the
requirements in Attachments 2 and 3 to this Order. The Licensee must
ensure that all contractors whose employees may have access to
Safeguards Information either adhere to the licensee's policies and
procedures on Safeguards Information or develop, or maintain and
implement their own acceptable policies and procedures. The Licensee
remains responsible for the conduct of their contractors. The policies
and procedures necessary to ensure compliance with applicable
requirements contained in Attachments 2 and 3 to this Order must
address, at a minimum, the following: the general performance
requirement that each person who produces, receives, or acquires
Safeguards Information shall ensure that Safeguards Information is
protected against unauthorized disclosure; protection of Safeguards
Information at fixed sites, in use and in storage, and while in
transit; correspondence containing Safeguards Information; access to
Safeguards Information; preparation, marking, reproduction and
destruction of documents; external transmission of documents; use of
automatic data processing systems; removal of the Safeguards
Information category; the need-to-know the information; and background
checks to determine access to the information.
In order to provide assurance that the Licensee is implementing
prudent measures to achieve a consistent level of protection to
prohibit the unauthorized disclosure of Safeguards Information, the
Licensee shall implement the requirements identified in Attachments 2
and 3 to this Order. In addition, pursuant to 10 CFR Part 2.202, I find
that in light of the common defense and security matters identified
above, which warrant the issuance of this Order, the public health,
safety and interest require that this Order be effective immediately.
III
Accordingly, pursuant to Sections 81, 147, 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, 10 CFR Part 30, 10 CFR Part
32, 10 CFR Part 35, 10 CFR Part 70, and 10 CFR Part 73, it is hereby
ordered, effective immediately, that all licensees identified in
attachment 1 to this order and all other persons who produce, receive,
or acquire the additional security measures identified above (whether
draft or final) or any related safeguards information shall comply with
the requirements of attachments 2 and 3 to this order.
The Director, Office of Federal and State Materials and
Environmental Management Programs, may, in writing, relax or rescind
any of the above conditions upon demonstration of good cause by the
licensee.
IV
In accordance with 10 CFR 2.202, the Licensee must, and any other
person adversely affected by this Order may, submit an answer to this
Order within twenty (20) days of the date of this Order. In addition,
the Licensee and any other person adversely affected by this Order may
request a hearing of this Order within twenty (20) days of the date of
the Order. Where good cause is shown, consideration will be given to
extending the time to request a hearing.
A request for extension of time must be made, in writing, to the
Director, Office of Federal and State Materials and Environmental
Management Programs, 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 the
Licensee relies and the reasons as to why the Order should not have
been issued. If a person other than the Licensee requests a hearing,
that person shall set forth with particularity the manner in which his
interest is adversely affected by this Order and shall address the
criteria set forth in 10 CFR 2.309(d).
[[Page 40775]]
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 email 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 https://www.nrc.gov/site-help/e-submittals/apply-certificates.html. System requirements for accessing
the E-Submittal server are detailed in NRC's ``Guidance for Electronic
Submission,'' which is available on the agency's public Web site at
https://www.nrc.gov/site-help/e-submittals.html. Participants may
attempt to use other software not listed on the Web site, but should
note that the NRC's E-Filing system does not support unlisted software,
and the NRC 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, users will be
required to install a Web browser plug-in from the NRC Web site.
Further information on the Web-based submission form, including the
installation of the Web browser plug-in, is available on the NRC's
public Web site at https://www.nrc.gov/site-help/e-submittals.html.
Once a participant has obtained a digital ID certificate and a
docket has been created, the participant can then submit a request for
a hearing or petition for leave to intervene. Submissions should be in
Portable Document Format (PDF) in accordance with NRC guidance
available on the NRC public Web site at https://www.nrc.gov/site-help/e-submittals.html. A filing is considered complete at the time the
documents are submitted through the NRC's E-Filing system. To be
timely, an electronic filing must be submitted to the E-Filing system
no later than 11:59 p.m. Eastern Time on the due date. Upon receipt of
a transmission, the E-Filing system time-stamps the document and sends
the submitter an email 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
document on those participants separately. Therefore, applicants and
other participants (or their counsel or representative) must apply for
and receive a digital ID certificate before a hearing request/petition
to intervene is filed so that they can obtain access to the document
via the E-Filing system.
A person filing electronically using the agency's adjudicatory E-
Filing system may seek assistance by contacting the NRC Meta System
Help Desk through the ``Contact Us'' link located on the NRC Web site
at https://www.nrc.gov/site-help/e-submittals.html, by email 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 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
https://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 the Licensee or a person whose
interest is adversely affected, the Commission will issue an Order
designating the time and place of any hearing. If a hearing is held the
issue to be considered at such hearing shall be whether this Order
should be sustained.
Pursuant to 10 CFR 2.202(c)(2)(i), the Licensee may, in addition to
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 ground that the Order, including the need for immediate
effectiveness, is not based on adequate evidence but on mere suspicion,
unfounded allegations, or error.
In the absence of any request for hearing, or written approval of
an
[[Page 40776]]
extension of time in which to request a hearing, the provisions
specified in Section III above shall be final twenty (20) days from the
date of this Order without further order or proceedings.
If an extension of time for requesting a hearing has been approved,
the provisions 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 27th day of June, 2013.
For the Nuclear Regulatory Commission.
Brian J. McDermott,
Director, Division of Materials Safety and State Agreements, Office of
Federal and State Materials and Environmental Management Programs.
Attachment 1: List of Applicable Materials Licensees
Redacted
Attachment 2: Modified Handling Requirements for the Protection of
Certain Safeguards Information (SGI-M) General Requirement
Redacted
Attachment 3: Trustworthiness and Reliability Requirements for
Individuals Handling Safeguards Information
In order to ensure the safe handling, use, and control of
information designated as Safeguards Information, each licensee shall
control and limit access to the information to only those individuals
who have established the need-to-know the information, and are
considered to be trustworthy and reliable. Licensees shall document the
basis for concluding that there is reasonable assurance that
individuals granted access to Safeguards Information are trustworthy
and reliable, and do not constitute an unreasonable risk for malevolent
use of the information.
The Licensee shall comply with the requirements of this attachment:
1. The trustworthiness and reliability of an individual shall be
determined based on a background investigation:
(a) The background investigation shall address at least the past
three years and, at a minimum, include verification of employment,
education, and personal references. The licensee shall also, to the
extent possible, obtain independent information to corroborate that
provided by the employee (i.e., seeking references not supplied by the
individual).
(b) If an individual's employment has been less than the required
three-year period, educational references may be used in lieu of
employment history.
The licensee's background investigation requirements may be
satisfied for an individual that has an active Federal security
clearance.
2. The licensee shall retain documentation regarding the
trustworthiness and reliability of individual employees for three years
after the individual's employment ends.
In order for an individual to be granted access to Safeguards
Information, the individual must be determined to be trustworthy and
reliable, as described in requirement 1 above, and meet the
requirements of NRC Order EA-13-041.
[FR Doc. 2013-16285 Filed 7-5-13; 8:45 am]
BILLING CODE 7590-01-P
