In the Matter of Licensee Identified in Attachment 1 and All Other Persons Who Obtain Safeguards Information Described Herein; Order Imposing Requirements for the Protection of Certain Safeguards Information (Effective Immediately), 41428-41431 [2013-16592]
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Federal Register / Vol. 78, No. 132 / Wednesday, July 10, 2013 / Notices
September 9–10, 2013. A sample of
agenda items to be discussed during the
public session includes: (1) An update
on the 10 CFR Part 35 Rulemaking; (2)
a discussion on the development of 10
CFR 35.1000 Guidance; (3) a discussion
on the ACMUI reporting structure; (4)
permanent implant brachytherapy
guidance; (5) the Medical Events
Subcommittee Report. The agenda is
subject to change. The current agenda
and any updates will be available at
https://www.nrc.gov/reading-rm/doccollections/acmui/meetings/2013.html
or by emailing Ms. Sophie Holiday at
the CONTACT INFORMATION below.
Purpose: Discuss issues related to 10
CFR part 35 Medical Use of Byproduct
Material.
Date and Time for Closed Sessions:
September 09, 2013, from 8:30 a.m. to
10:30 a.m. and September 10, 2013 from
8:30 a.m. to 10:30 a.m. The first session
will be closed for ACMUI training. The
second session will be closed so that
ACMUI members can prepare for a
Commission Briefing in October 2013.
Date and Time for Open Sessions:
September 09, 2013, from 10:30 a.m. to
5:00 p.m. and September 10, 2013, from
10:30 a.m. to 5:00 p.m.
Address for Public Meeting: U.S.
Nuclear Regulatory Commission, Two
White Flint North Building, Room T2–
B3, 11545 Rockville Pike, Rockville, MD
20852.
Public participation: Any member of
the public who wishes to participate in
the meeting in person or via phone
should contact Ms. Holiday using the
information below. The meeting will
also be webcast live: video.nrc.gov.
CONTACT INFORMATION: Sophie J.
Holiday, email: sophie.holiday@nrc.gov,
telephone: (301) 415–7865.
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Conduct of the Meeting
Bruce R. Thomadsen, Ph.D., will chair
the meeting. Dr. Thomadsen will
conduct the meeting in a manner that
will facilitate the orderly conduct of
business. The following procedures
apply to public participation in the
meeting:
1. Persons who wish to provide a
written statement should submit an
electronic copy to Ms. Holiday at the
contact information listed above. All
submittals must be received by
September 2, 2013, and must pertain to
the topic on the agenda for the meeting.
2. Questions and comments from
members of the public will be permitted
during the meeting, at the discretion of
the Chairman.
3. The draft transcript and meeting
summary will be available on ACMUI’s
Web site https://www.nrc.gov/reading-
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rm/doc-collections/acmui/meetings/
2013.html on or about October 22, 2013.
4. Persons who require special
services, such as those for the hearing
impaired, should notify Ms. Holiday of
their planned attendance.
This meeting will be held in
accordance with the Atomic Energy Act
of 1954, as amended (primarily Section
161a); the Federal Advisory Committee
Act (5 U.S.C. App); and the
Commission’s regulations in Title 10,
U.S. Code of Federal Regulations, Part 7.
Dated: July 1, 2013.
Andrew L. Bates,
Advisory Committee Management Officer.
[FR Doc. 2013–16433 Filed 7–9–13; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[EA–12–193; NRC–2013–0142]
In the Matter of Licensee Identified in
Attachment 1 and All Other Persons
Who Obtain Safeguards Information
Described Herein; Order Imposing
Requirements for the Protection of
Certain Safeguards Information
(Effective Immediately)
I
The Licensee, identified in
Attachment 1 1 to this Order, holds a
license issued in accordance with the
Atomic Energy Act of 1954, as amended,
(AEA) by the U.S. Nuclear Regulatory
Commission (NRC or the Commission)
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–12–194, 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
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
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whether or not a licensee of the
Commission, who produces, receives, or
acquires Safeguards Information.
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–12–194. 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
of Energy, 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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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 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
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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).
All documents filed in the NRC
adjudicatory proceedings, including a
request for a 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
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documents and access the E-Submittal
server for any proceeding in which it is
participating; and (2) advise the
Secretary that the participant will be
submitting a request or petition for
hearing (even in instances in which the
participant, or its counsel or
representative, already holds an NRCissued digital ID certificate). Based upon
this information, the Secretary will
establish an electronic docket for the
hearing in this proceeding if the
Secretary has not already established an
electronic docket.
Information about applying for a
digital ID certificate is available on
NRC’s public Web site at https://
www.nrc.gov/site-help/e-submittals/
apply-certificates.html. System
requirements for accessing the ESubmittal server are detailed in NRC’s
‘‘Guidance for Electronic Submission,’’
which is available on the agency’s
public Web site at https://www.nrc.gov/
site-help/e-submittals.html. Participants
may attempt to use other software not
listed on the Web site, but should note
that the NRC’s E-Filing system does not
support unlisted software, and the NRC
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 EIE, users will be
required to install a Web browser plugin from the NRC Web site. Further
information on the Web-based
submission form, including the
installation of the Web browser plug-in,
is available on the NRC’s public Web
site at https://www.nrc.gov/site-help/esubmittals.html.
Once a participant has obtained a
digital ID certificate and a docket has
been created, the participant can then
submit a request for a hearing or
petition for leave to intervene.
Submissions should be in Portable
Document Format (PDF) in accordance
with the 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
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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
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 the NRC’s
electronic hearing docket which is
available to the public at https://
ehd1.nrc.gov/ehd, unless excluded
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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
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.
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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
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reliable, as described in requirement 1
above, and meet the requirements of
NRC Order EA–12–194 (NRC–2013–
0143).
[FR Doc. 2013–16592 Filed 7–9–13; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[EA–12–194; (NRC–2013–0143)]
Licensee Identified in Attachment 1
and All Other Persons Who Seek or
Obtain Access to Safeguards
Information Described Herein; Order
Imposing Fingerprinting and Criminal
History Records Check Requirements
for Access To Safeguards Information
(Effective Immediately)
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I
The Licensee identified in
Attachment 1 1 to this Order, holds a
license issued in accordance with the
Atomic Energy Act (AEA) of 1954, as
amended, by the U.S. Nuclear
Regulatory Commission (NRC) or an
Agreement State, authorizing them to
engage in an activity subject to
regulation by the Commission or
Agreement States. In accordance with
Section 149 of the AEA, fingerprinting
and a Federal Bureau of Investigation
(FBI) identification and criminal history
records check are required of any person
who is to be permitted to have access to
Safeguards Information (SGI).2 The
NRC’s implementation of this
requirement cannot await the
completion of the SGI rulemaking,
which is underway. Although the AEA
permits the Commission by rule to
except certain categories of individuals
from the fingerprinting requirement,
which the Commission has done (see 10
CFR 73.59, 77 FR 24206 (June 11, 2012),
it is unlikely that licensee employees or
others are excepted from the
fingerprinting requirement by the
‘‘fingerprinting relief’’ rule. Individuals
relieved from fingerprinting and
criminal history records checks under
the relief rule include Federal, State,
and local officials and law enforcement
personnel; Agreement State inspectors
who conduct security inspections on
behalf of the NRC; members of Congress
and certain employees of members of
Congress or Congressional Committees,
and representatives of the International
Atomic Energy Agency (IAEA) or certain
1 Attachment 1 contains sensitive information
and will not be released to the public.
2 Safeguards Information is a form of sensitive,
unclassified, security-related information that the
Commission has the authority to designate and
protect under section 147 of the AEA.
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foreign government organizations. In
addition, individuals who have a
favorably-decided U.S. Government
criminal history records check within
the last five (5) years, or individuals
who have active Federal security
clearances (provided in either case that
they make available the appropriate
documentation), have satisfied the AEA
fingerprinting requirement and need not
be fingerprinted again. Therefore, in
accordance with Section 149 of the AEA
the Commission is imposing additional
requirements for access to SGI, as set
forth by this Order, so that affected
licensees can obtain and grant access to
SGI. This Order also imposes
requirements for access to SGI by any
person, from any person 3, whether or
not a Licensee, Applicant, or Certificate
Holder of the Commission or Agreement
States.
II
The Commission has broad statutory
authority to protect and prohibit the
unauthorized disclosure of SGI. Section
147 of the AEA grants the Commission
explicit authority to issue such Orders
as necessary to prohibit the
unauthorized disclosure of SGI.
Furthermore, Section 149 of the AEA
requires fingerprinting and an FBI
identification and a criminal history
records check of each individual who
seeks access to SGI. In addition, no
person may have access to SGI unless
the person has an established need-toknow the information and satisfies the
trustworthy and reliability requirements
described in Attachment 3 to Order EA–
12–193 (NRC–2013–0142).
In order to provide assurance that the
Licensees identified in Attachment 1 to
this Order are implementing appropriate
measures to comply with the
fingerprinting and criminal history
records check requirements for access to
SGI, all Licensees identified in
Attachment 1 to this Order shall
implement the requirements of this
Order. In addition, pursuant to 10 CFR
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
3 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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41431
interest require that this Order be
effective immediately.
III
Accordingly, pursuant to Sections 81,
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, 10 CFR
Parts 30 and 73, it is hereby ordered,
effective immediately, that all
licensees identified in attachment 1 to
this order and all other persons who
seek or obtain access to safeguards
information, as described above, shall
comply with the requirements set forth
in this order.
A. 1. No person may have access to
SGI unless that person has a need-toknow the SGI, has been fingerprinted or
who has a favorably-decided FBI
identification and criminal history
records check, and satisfies all other
applicable requirements for access to
SGI. Fingerprinting and the FBI
identification and criminal history
records check are not required,
however, for any person who is relieved
from that requirement by 10 CFR 73.59
(77 FR 34206 (June 11, 2012), or who
has a favorably-decided U.S.
Government criminal history records
check within the last five (5) years, or
who has an active Federal security
clearance, provided in the latter two
cases that the appropriate
documentation is made available to the
Licensee’s NRC-approved reviewing
official described in paragraph III.C.2 of
this Order.
2. No person may have access to any
SGI if the NRC has determined, based
on fingerprinting and an FBI
identification and criminal history
records check, that the person may not
have access to SGI.
B. No person may provide SGI to any
other person except in accordance with
Condition III.A. above. Prior to
providing SGI to any person, a copy of
this Order shall be provided to that
person.
C. All Licensees identified in
Attachment 1 to this Order shall comply
with the following requirements:
1. The Licensee shall, within twenty
(20) days of the date of this Order,
establish and maintain a fingerprinting
program that meets the requirements of
Attachment 2 to this Order.
2. The Licensee shall, within twenty
(20) days of the date of this Order,
submit the fingerprints of one (1)
individual who (a) the Licensee
nominates as the ‘‘reviewing official’’
for determining access to SGI by other
individuals, and (b) has an established
need-to-know the information and has
been determined to be trustworthy and
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]]>Agencies
[Federal Register Volume 78, Number 132 (Wednesday, July 10, 2013)]
[Notices]
[Pages 41428-41431]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-16592]
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NUCLEAR REGULATORY COMMISSION
[EA-12-193; NRC-2013-0142]
In the Matter of Licensee Identified in Attachment 1 and All
Other Persons Who Obtain Safeguards Information Described Herein; Order
Imposing Requirements for the Protection of Certain Safeguards
Information (Effective Immediately)
I
The Licensee, identified in Attachment 1 \1\ to this Order, holds a
license issued in accordance with the Atomic Energy Act of 1954, as
amended, (AEA) by the U.S. Nuclear Regulatory Commission (NRC or the
Commission) 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-12-194,
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, 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-12-194.
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
[[Page 41429]]
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 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).
All documents filed in the NRC adjudicatory proceedings, including
a request for a 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 EIE, users will be required to install a Web
browser plug-in from the NRC Web site. Further information on the Web-
based submission form, including the installation of the Web browser
plug-in, is available on the NRC's public Web site at https://www.nrc.gov/site-help/e-submittals.html.
Once a participant has obtained a digital ID certificate and a
docket has been created, the participant can then submit a request for
a hearing or petition for leave to intervene. Submissions should be in
Portable Document Format (PDF) in accordance with the 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
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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 the
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 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
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reliable, as described in requirement 1 above, and meet the
requirements of NRC Order EA-12-194 (NRC-2013-0143).
[FR Doc. 2013-16592 Filed 7-9-13; 8:45 am]
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