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]

Download as PDF 41428 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 http://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. TKELLEY on DSK3SPTVN1PROD with NOTICES 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 http://www.nrc.gov/reading- VerDate Mar<15>2010 17:42 Jul 09, 2013 Jkt 229001 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 PO 00000 Frm 00077 Fmt 4703 Sfmt 4703 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. E:\FR\FM\10JYN1.SGM 10JYN1 Federal Register / Vol. 78, No. 132 / Wednesday, July 10, 2013 / Notices TKELLEY on DSK3SPTVN1PROD with NOTICES 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 VerDate Mar<15>2010 17:42 Jul 09, 2013 Jkt 229001 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 PO 00000 Frm 00078 Fmt 4703 Sfmt 4703 41429 documents and access the E-Submittal server for any proceeding in which it is participating; and (2) advise the Secretary that the participant will be submitting a request or petition for hearing (even in instances in which the participant, or its counsel or representative, already holds an NRCissued digital ID certificate). Based upon this information, the Secretary will establish an electronic docket for the hearing in this proceeding if the Secretary has not already established an electronic docket. Information about applying for a digital ID certificate is available on NRC’s public Web site at http:// www.nrc.gov/site-help/e-submittals/ apply-certificates.html. System requirements for accessing the ESubmittal server are detailed in NRC’s ‘‘Guidance for Electronic Submission,’’ which is available on the agency’s public Web site at http://www.nrc.gov/ site-help/e-submittals.html. Participants may attempt to use other software not listed on the Web site, but should note that the NRC’s E-Filing system does not support unlisted software, and the NRC Meta System Help Desk will not be able to offer assistance in using unlisted software. If a participant is electronically submitting a document to the NRC in accordance with the E-Filing rule, the participant must file the document using the NRC’s online, Web-based submission form. In order to serve documents through 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 http://www.nrc.gov/site-help/esubmittals.html. Once a participant has obtained a digital ID certificate and a docket has been created, the participant can then submit a request for 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 http:// www.nrc.gov/site-help/esubmittals.html. A filing is considered complete at the time the documents are submitted through the NRC’s E-Filing system. To be timely, an electronic filing must be submitted to the E-Filing system no later than 11:59 p.m. Eastern Time on the due date. Upon receipt of a transmission, the E-Filing system time-stamps the document and sends the submitter an email notice confirming receipt of the document. The E-Filing system also distributes an email E:\FR\FM\10JYN1.SGM 10JYN1 TKELLEY on DSK3SPTVN1PROD with NOTICES 41430 Federal Register / Vol. 78, No. 132 / Wednesday, July 10, 2013 / Notices 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 http:// 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 http:// ehd1.nrc.gov/ehd, unless excluded VerDate Mar<15>2010 17:42 Jul 09, 2013 Jkt 229001 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. PO 00000 Frm 00079 Fmt 4703 Sfmt 4703 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 E:\FR\FM\10JYN1.SGM 10JYN1 Federal Register / Vol. 78, No. 132 / Wednesday, July 10, 2013 / Notices 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) TKELLEY on DSK3SPTVN1PROD with NOTICES 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. VerDate Mar<15>2010 17:42 Jul 09, 2013 Jkt 229001 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. PO 00000 Frm 00080 Fmt 4703 Sfmt 4703 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 E:\FR\FM\10JYN1.SGM 10JYN1

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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

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 http://www.nrc.gov/site-help/e-submittals/apply-certificates.html. System requirements for accessing 
the E-Submittal server are detailed in NRC's ``Guidance for Electronic 
Submission,'' which is available on the agency's public Web site at 
http://www.nrc.gov/site-help/e-submittals.html. Participants may 
attempt to use other software not listed on the Web site, but should 
note that the NRC's E-Filing system does not support unlisted software, 
and the NRC Meta System Help Desk will not be able to offer assistance 
in using unlisted software.
    If a participant is electronically submitting a document to the NRC 
in accordance with the E-Filing rule, the participant must file the 
document using the NRC's online, Web-based submission form. In order to 
serve documents through EIE, users will be required to install a Web 
browser plug-in from the NRC Web site. Further information on the Web-
based submission form, including the installation of the Web browser 
plug-in, is available on the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals.html.
    Once a participant has obtained a digital ID certificate and a 
docket has been created, the participant can then submit a request for 
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 http://www.nrc.gov/site-help/e-submittals.html. A filing is considered complete at the time the 
documents are submitted through the NRC's E-Filing system. To be 
timely, an electronic filing must be submitted to the E-Filing system 
no later than 11:59 p.m. Eastern Time on the due date. Upon receipt of 
a transmission, the E-Filing system time-stamps the document and sends 
the submitter an email notice confirming receipt of the document. The 
E-Filing system also distributes an email

[[Page 41430]]

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 http://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 
http://ehd1.nrc.gov/ehd, unless excluded pursuant to an order of the 
Commission, or the presiding officer. Participants are requested not to 
include personal privacy information, such as social security numbers, 
home addresses, or home phone numbers in their filings, unless an NRC 
regulation or other law requires submission of such information. With 
respect to copyrighted works, except for limited excerpts that serve 
the purpose of the adjudicatory filings and would constitute a Fair Use 
application, participants are requested not to include copyrighted 
materials in their submission.
    If a hearing is requested by 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

[[Page 41431]]

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