In the Matter of Korea Hydro and Nuclear Power, Co., Ltd. and All Other Persons Who Seek or Obtain Access to Safeguards Information Described Herein; Order Imposing Protection Requirements for Access to Safeguards Information (Effective Immediately), 42560-42565 [2013-16984]
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42560
Federal Register / Vol. 78, No. 136 / Tuesday, July 16, 2013 / Notices
exclusions—were intended to apply to
every NRC action that substantially
changes the expectations of current and
future applicants. The exceptions to the
general principle are applicable
whenever an applicant references a 10
CFR part 52 license (e.g., an early site
permit) and/or NRC regulatory approval
(e.g., a design certification rule) with
specified issue finality provisions. The
NRC staff does not, at this time, intend
to impose the positions represented in
the draft SRP in a manner that is
inconsistent with any issue finality
provisions. If, in the future, the staff
seeks to impose a position in the draft
SRP in a manner that does not provide
issue finality as described in the
applicable issue finality provision, then
the staff must address the criteria for
avoiding issue finality as described in
the applicable issue finality provision.
Dated at Rockville, Maryland, this 27th day
of June 2013.
For the Nuclear Regulatory Commission.
Joseph Colaccino,
Chief, Policy Branch, Division of Advanced
Reactors and Rulemaking, Office of New
Reactors.
[FR Doc. 2013–16985 Filed 7–15–13; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[NRC–2013–0001]
Sunshine Act Meeting
AGENCY HOLDING THE MEETINGS: Nuclear
Regulatory Commission.
DATES: Weeks of July 15, 22, 29, August
5, 12, 19, 2013.
PLACE: Commissioners’ Conference
Room, 11555 Rockville Pike, Rockville,
Maryland.
STATUS: Public and Closed.
Week of July 15, 2013
There are no meetings scheduled for
the week of July 15, 2013.
Week of July 22, 2013—Tentative
There are no meetings scheduled for
the week of July 22, 2013.
emcdonald on DSK67QTVN1PROD with NOTICES
Week of July 29, 2013—Tentative
Week of August 19, 2013—Tentative
There are no meetings scheduled for
the week of August 19, 2013.
*
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*The schedule for Commission
meetings is subject to change on short
notice. To verify the status of meetings,
call (recording)—301–415–1292.
Contact person for more information:
Rochelle Bavol, 301–415–1651.
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I
Korea Hydro and Nuclear Power, Co.,
Ltd. (KHNP) submitted a letter of intent
to the U.S. Nuclear Regulatory
Commission (NRC) for a design
certification (DC) application in 2013.
In June 2009, the Commission
published a rulemaking in the Federal
Register (FR) (74 FR 28112) requiring
applicants for a variety of licensing
activities, including nuclear power
plant designers, to perform a designspecific assessment of the effects of the
impact of a large, commercial aircraft
and to incorporate design features and
functional capabilities into the nuclear
power plant design to provide
additional inherent protection with
reduced use of operator actions. A
discussion of the specific requirements
for applicants for new nuclear power
reactors can be found in Section V of the
Federal Register notice. To assist
designers in completing this assessment,
the Commission has decided to provide
the detailed aircraft impact
characteristics that should be used as
reasonable inputs for reactor vendors
and architect and engineers who have
the need to know and who meet the
NRC’s requirements for the disclosure of
such information to use in the required
aircraft impact assessments.
The NRC derived the characteristics
from agency analyses performed on
operating reactors to support, in part,
the development of a broadly effective
set of mitigation strategies to combat
fires and explosions from a spectrum of
hypothetical aircraft impacts. Although
the detailed characteristics were not
selected as a basis for designing new
reactors, the staff is suggesting them as
a starting point for aircraft impact
assessments. On August 5, 2011, the
NRC issued Regulatory Guide (RG)
1.217, ‘‘Guidance for the Assessment of
Beyond-Design-Basis Aircraft Impacts,’’
(NRC’s Agencywide Documents Access
and Management System (ADAMS)
Accession No. ML092900004), which
endorses the methodologies described
in the industry guidance document,
Nuclear Energy Institute (NEI) 07–13,
Week of August 5, 2013—Tentative
[FR Doc. 2013–17124 Filed 7–12–13; 4:15 pm]
There are no meetings scheduled for
the week of August 5, 2013.
BILLING CODE 7590–01–P
Week of August 12, 2013—Tentative
There are no meetings scheduled for
the week of August 12, 2013.
Jkt 229001
In the Matter of Korea Hydro and
Nuclear Power, Co., Ltd. and All Other
Persons Who Seek or Obtain Access
to Safeguards Information Described
Herein; Order Imposing Protection
Requirements for Access to
Safeguards Information (Effective
Immediately)
By a vote of 5–0 on July 10, 2013, the
Commission determined pursuant to
U.S.C. 552b(e) and ’9.107(a) of the
Commission’s rules that a Discussion of
Management and Personnel Issues
(Closed—Ex. 2 & 6) be held on July 11,
2013, with less than one week notice to
the public. The meeting was held on
July 11, 2013.
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The NRC Commission Meeting
Schedule can be found on the Internet
at: https://www.nrc.gov/public-involve/
public-meetings/schedule.html.
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The NRC provides reasonable
accommodation to individuals with
disabilities where appropriate. If you
need a reasonable accommodation to
participate in these public meetings, or
need this meeting notice or the
transcript or other information from the
public meetings in another format (e.g.
braille, large print), please notify
Kimberly Meyer, NRC Disability
Program Manager, at 301–287–0727, or
by email at kimberly.meyerchambers@nrc.gov. Determinations on
requests for reasonable accommodation
will be made on a case-by-case basis.
*
*
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This notice is distributed
electronically to subscribers. If you no
longer wish to receive it, or would like
to be added to the distribution, please
contact the Office of the Secretary,
Washington, DC 20555 (301–415–1969),
or send an email to
darlene.wright@nrc.gov.
Dated: July 11, 2013.
Rochelle C. Bavol,
Policy Coordinator, Office of the Secretary.
18:49 Jul 15, 2013
[NRC–2013–0152]
[EA–13–033; Project No. 0782]
Additional Information
There are no meetings scheduled for
the week of July 29, 2013.
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COMMISSION
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‘‘Methodology for Performing Aircraft
Impact Assessments for New Plant
Designs,’’ Revision 8, dated April 2011
(ADAMS Accession No. ML111440006).
NEI 07–13 includes the aircraft impact
characteristics in two appendices. In
addition, the staff recognizes that no
national or international consensus has
been reached on the selection of
appropriate characteristics for such
analyses. Therefore, the information
should be considered preliminary and
subject to authorized stakeholder
comment. The detailed aircraft
characteristics that are the subject of
this Order are hereby designated as
Safeguards Information (SGI) 1 in
accordance with Section 147 of the
Atomic Energy Act of 1954, as amended
(AEA).
On October 24, 2008, the NRC revised
Title 10 of the Code of Federal
Regulations (10 CFR) 73.21, ‘‘Protection
of Safeguards Information: Performance
Requirements,’’ to include applicants in
the list of entities required to protect
SGI (73 FR 63546). The NRC is issuing
this order to KHNP to impose
requirements for the protection of SGI in
addition to the requirements set forth in
10 CFR 73.21, which include
nomination of a reviewing official,
restrictions on storage of SGI, and access
to SGI by certain individuals.
To implement this Order, KHNP must
nominate an individual who will review
the results of the Federal Bureau of
Investigation (FBI) criminal history
records check to make SGI access
determinations. This individual, called
the reviewing official, must be someone
who seeks access to SGI. Based on the
results of the FBI criminal history
records check, the NRC staff will
determine if this individual may have
access to SGI. If the NRC determines
that the individual may not be granted
access to SGI, the enclosed order
prohibits that individual from obtaining
access to any SGI. Once the NRC
approves a reviewing official, this
reviewing official—and only this
reviewing official—can make SGI access
determinations for other individuals
who KHNP identifies as having a need
for SGI, who have been fingerprinted,
and who have had a criminal history
records and background check in
accordance with this Order. The
reviewing official can only make SGI
access determinations for other
individuals but cannot approve other
individuals to act as reviewing officials.
Only the NRC can approve a reviewing
1 SGI is a form of sensitive, unclassified, securityrelated information that the Commission has the
authority to designate and protect under Section
147 of the AEA.
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18:49 Jul 15, 2013
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official. Therefore, if KHNP wishes to
have a new or additional reviewing
official, the NRC must approve this
individual before he or she can act in
that capacity.
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. To
provide assurance that KHNP continues
to implement appropriate measures to
ensure a consistent level of protection to
prohibit unauthorized disclosure of SGI,
as well as to comply with the
fingerprinting, criminal history records
check, and background check
requirements for access to SGI, KHNP
shall implement the requirements for
the protection of SGI as set forth in 10
CFR 73.21, 10 CFR 73.22, ‘‘Protection of
Safeguards Information: Specific
Requirements,’’ and this Order.
By rule, certain categories of
individuals are exempted from the
fingerprinting requirements under 10
CFR 73.59, ‘‘Relief from Fingerprinting,
Identification and Criminal History
Records Checks and Other Elements of
Background Checks for Designated
Categories of Individuals.’’ Those
individuals include Federal, State, and
local law enforcement personnel in the
United States (U.S.); Agreement State
inspectors who conduct security
inspections on behalf of the NRC;
members of the U.S. Congress; certain
employees of members of Congress or
congressional committees who have
undergone fingerprinting for a previous
U.S. Government criminal history
check; and representatives of the
International Atomic Energy Agency or
certain foreign government
organizations. In addition, individuals
who have had a favorably decided U.S.
Government criminal history check
within the last 5 years, or individuals
who have active U.S. Federal security
clearances (provided in either case that
they provide the appropriate
documentation), have already been
subjected to fingerprinting and criminal
history checks and, thus, have satisfied
the fingerprinting requirement.
In addition, under 10 CFR 2.202,
‘‘Orders,’’ the NRC finds that, in light of
the matters identified above, which
warrant the issuance of this Order, the
public health, safety, and interest
require that this Order be effective
immediately.
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III
Accordingly, under Sections 147, 149,
161b, 161i, 161o, 182, and 186 of the
AEA, and the Commission’s regulations
in 10 CFR 2.202 and10 CFR part 73,
‘‘Physical Protection of Plants and
Materials,’’ it is hereby ordered,
effective immediately, that KHNP and
all other persons who seek or obtain
access to safeguards information as
described herein shall comply with the
requirements set forth in 10 CFR 73.21,
10 CFR 73.22, and this order.
A
(1) No person shall have access to any
SGI if the NRC, when making an SGI
access determination for a nominated
reviewing official, has determined,
based on fingerprinting and an FBI
identification and criminal history
records check, that the person
nominated may not have access to SGI.
(2) KHNP shall store SGI designated
by this Order only in the facility or
facilities specifically approved in
writing by the NRC for storage of SGI
designated by this Order. KHNP may
request, in writing, NRC approval of
additional facilities for the storage of the
SGI designated by this Order that the
NRC will consider on a case-by-case
basis.
(3) KHNP may provide SGI designated
by this Order to individuals (such as
foreign/non-U.S. nationals, U.S. citizens
living in foreign countries, or
individuals under the age of 18) for
whom fingerprinting and an FBI
criminal history records check are not
reasonably expected to yield sufficient
criminal history information to form the
basis of an informed decision on
granting access to SGI, provided that the
individual satisfies the requirements of
this Order, and that KHNP has
implemented measures, in addition to
those set forth in this Order, to ensure
that the individual is suitable to have
access to the SGI designated by this
Order. Such additional measures must
include, but are not limited to,
equivalent criminal history records
checks conducted by a U.S. local, U.S.
State, or foreign governmental agency
and enhanced background checks,
including employment and credit
history. The NRC must review these
additional measures and approve them
in writing.
B. No person may provide SGI to
another person, except in accordance
with Section III.A. above. Before a
person provides SGI to any person, a
copy of this Order shall be provided to
that person.
C. KHNP shall comply with the
following requirements:
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(1) KHNP shall, within 20 days of the
date of this Order, submit the
fingerprints of one individual whom (a)
it nominates as the reviewing official for
determining access to SGI by other
individuals, and (b) has an established
need to know the information. The NRC
will determine if this individual (or any
subsequent reviewing official) may have
access to SGI and, therefore, will be
permitted to serve as KHNP’s reviewing
official.2 KHNP may, at the same time or
later, submit the fingerprints of other
individuals to whom it seeks to grant
access to SGI. Fingerprints shall be
submitted and reviewed in accordance
with the procedures described in the
attachment to this Order.
(2) KHNP shall, in writing, within 20
days of the date of this Order, notify the
Commission (1) if it is unable to comply
with any of the requirements described
in the Order, including the attachment,
or (2) if compliance with any of the
requirements is unnecessary in its
specific circumstances.
The notification shall provide KHNP’s
justification for seeking relief from, or
variation of, any specific requirement.
KHNP shall submit responses to C.(1)
and C.(2) above to the Director, Office of
New Reactors, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001. In addition, KHNP shall mark its
responses as ‘‘Security-Related
Information-Withhold Under 10 CFR
2.390.’’
Except for the requirements for
fingerprinting, the Director, Office of
New Reactors, may, in writing, relax or
rescind any of the above conditions
upon demonstration of good cause by
KHNP.
IV
In accordance with 10 CFR 2.202,
KHNP must, and any other person
adversely affected by this Order may,
submit an answer to this Order and may
request a hearing on this Order, within
20 days of the date of this Order. Where
good cause is shown, the NRC will
consider extending the time to request
a hearing. A request for an extension to
submit an answer or request a hearing
must be made in writing to the Director,
Office of New Reactors, 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. Unless the answer consents to
this Order, the answer shall, in writing
2 The NRC’s determination of this individual’s
access to SGI in accordance with the process
described in Enclosure 3 to the transmittal letter of
this Order is an administrative determination that
is outside the scope of this Order.
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and under oath or affirmation,
specifically set forth the matters of fact
and law by which KHNP or other
entities adversely affected rely, and the
reasons as to why the NRC should not
have issued this Order.
All documents filed in NRC
adjudicatory proceedings, including a
request for hearing, a petition for leave
to intervene, any motion or other
document filed in the proceeding prior
to the submission of a request for
hearing or petition to intervene, and
documents filed by interested
governmental entities participating
under 10 CFR 2.315(c), must be filed in
accordance with the NRC’s 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 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 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.
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If a participant is electronically
submitting a document to the NRC in
accordance with the E-Filing rule, the
participant must file the document
using the NRC’s online, Web-based
submission form. In order to serve
documents through the Electronic
Information Exchange System, users
will be required to install a Web
browser plug-in from the NRC’s Web
site. Further information on the Webbased submission form, including the
installation of the Web browser plug-in,
is available on the NRC’s public Web
site at https://www.nrc.gov/site-help/esubmittals.html.
Once a participant has obtained a
digital ID certificate and a docket has
been created, the participant can then
submit a request for a hearing or
petition for leave to intervene.
Submissions should be in Portable
Document Format (PDF) in accordance
with NRC’s guidance available on the
NRC’s public Web site at https://
www.nrc.gov/site-help/esubmittals.html. A filing is considered
complete at the time the documents are
submitted through the NRC’s E-Filing
system. To be timely, an electronic
filing must be submitted to the E-Filing
system no later than 11:59 p.m. Eastern
Time on the due date. Upon receipt of
a transmission, the E-Filing system
time-stamps the document and sends
the submitter an email notice
confirming receipt of the document. The
E-Filing system also distributes an email
notice that provides access to the
document to the NRC’s 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’s Web site at
https://www.nrc.gov/site-help/esubmittals.html, by email at
MSHD.Resource@nrc.gov, or by a tollfree call at 1–866–672–7640. The NRC
Meta System Help Desk is available
between 8 a.m. and 8 p.m., Eastern
Time, Monday through Friday,
excluding government holidays.
Participants who believe that they
have good cause for not submitting
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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 firstclass mail as of the time of deposit in
the mail, or by courier, express mail, or
expedited delivery service upon
depositing the document with the
provider of the service. A presiding
officer, having granted an exemption
request from using E-Filing, may require
a participant or party to use E-Filing if
the presiding officer subsequently
determines that the reason for granting
the exemption from use of E-Filing no
longer exists.
Documents submitted in adjudicatory
proceedings will appear in NRC’s
electronic hearing docket which is
available to the public at https://ehd1.
nrc.gov/ehd, unless excluded pursuant
to an order of the Commission, or the
presiding officer. Participants are
requested not to include personal
privacy information, such as social
security numbers, home addresses, or
home phone numbers in their filings,
unless an NRC regulation or other law
requires submission of such
information. With respect to
copyrighted works, except for limited
excerpts that serve the purpose of the
adjudicatory filings and would
constitute a Fair Use application,
participants are requested not to include
copyrighted materials in their
submission.
If KHNP, or a person whose interest
is adversely affected, requests a hearing,
the Commission will issue an order
designating the time and place of the
hearing. If a hearing is held, the issue to
be considered at such hearing shall be
whether this Order should be sustained.
Under 10 CFR 2.202(c)(2)(i), KHNP
may, in addition to demanding a
hearing, at the time the answer is filed
or sooner, move the presiding officer to
set aside the immediate effectiveness of
the order on the grounds that the order,
including the need for immediate
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effectiveness, is not based on adequate
evidence but on mere suspicion,
unfounded allegations, or error. In the
absence of any request for hearing, or
written approval of an extension of time
in which to request a hearing, the
provisions as specified above in Section
III shall be final 20 days from the date
of this Order without further order or
proceedings.
If the agency approves an extension
for a hearing, the provisions, as
specified above 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 1st day
of July 2013.
For the U.S. Nuclear Regulatory
Commission.
Gary M. Holahan,
Acting Director, Office of New Reactors.
Guidance for Evaluation of Access to
Safeguards Information with the
Inclusion of Criminal History Records
(Fingerprint) Checks
When a licensee or other person 3
submits fingerprints to the U.S. Nuclear
Regulatory Commission (NRC) under an
NRC Order, it will receive a criminal
history summary of information,
provided in U.S. Federal records, since
the individual’s 18th birthday.
Individuals retain the right to correct
and complete information and to initiate
challenge procedures described in
Enclosure 3. The licensee will receive
the information from the criminal
history records check for those
individuals requiring access to
Safeguards Information (SGI), and the
reviewing official will evaluate that
information using the guidance below.
Furthermore, the requirements for all
Orders, which apply to the information
and material to which access is being
granted, must be met.
The licensee’s reviewing official is
required to evaluate all pertinent and
available information in making a
determination of access to SGI,
including the criminal history
information about the individual as
required by the NRC Order. The
criminal history records check is used
when determining if an individual has
a record of criminal activity that
indicates that the individual should not
have access to SGI. Each determination
of access to SGI, which includes a
review of criminal history information,
3 As used herein, ‘‘licensee’’ means any licensee
or other person who is required to conduct
fingerprinting.
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42563
must be documented to include the
basis for the decision that is made.
(i) If negative information is
discovered that the individual did not
provide, or which is different in any
material respect from the information
that the individual provided, this
information should be considered, and
decisions made based on these findings
must be documented.
(ii) Any record containing a pattern of
behaviors that indicates that the
behaviors could recur or continue, or
recent behaviors that cast doubt on
whether an individual should have
access to SGI, should be carefully
evaluated before any authorization of
access to SGI.
It is necessary for a licensee to
resubmit fingerprints only under two
conditions:
(1) The FBI has determined that the
fingerprints cannot be classified because
of poor quality in the mechanics of
taking the initial impressions.
(2) The initial submission is lost.
If the FBI advises that four sets of
fingerprints are unclassifiable because
they are unreadable, the NRC will
automatically forward a name search to
the FBI. When those search results are
received from the FBI, no further search
is necessary.
Process To Challenge NRC Denials or
Revocations of Access to Safeguards
Information
1. Policy
This policy establishes a process for
individuals whom the U.S. Nuclear
Regulatory Commission (NRC) licenses
or other person 4 nominated as
reviewing officials to challenge and
appeal NRC denials or revocations of
access to Safeguards Information (SGI).
Any individual nominated as a licensee
reviewing official whom the NRC has
determined may not have access to SGI
shall, to the extent provided below, be
afforded an opportunity to challenge
and appeal the NRC’s determination.
This policy shall not be construed to
require the disclosure of SGI to any
person; neither shall it be construed to
create a liberty or property interest of
any kind in the access of any individual
to SGI.
2. Applicability
This policy applies solely to those
employees of licensees who are
nominated as reviewing officials and
who are thus considered, by the NRC,
for initial or continued access to SGI in
that position.
4 As used herein, ‘‘licensee’’ means any licensee
or other person who is required to conduct
fingerprinting.
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3. SGI Access Determination Criteria
The NRC will determine whether
access to SGI will be granted to an
individual nominated to be a reviewing
official. Access to SGI shall be denied or
revoked whenever it is determined that
an individual does not meet the
applicable standards. Any doubt about
an individual’s eligibility for initial or
continued access to SGI shall be
resolved in favor of the national
security, and access will be denied or
revoked.
emcdonald on DSK67QTVN1PROD with NOTICES
4. Procedure To Challenge the Contents
of Records Obtained From the FBI
a. Before a determination by the NRC
Facilities Security Branch Chief that an
individual nominated as a reviewing
official is denied or revoked access to
SGI, the individual shall have the
following recourse:
(i) Be given the contents of records
obtained from the FBI for the purpose of
assuring correct and complete
information. If, after reviewing the
record, an individual believes that it is
incorrect or incomplete in any respect
and wishes to change, correct, or update
the alleged deficiency, or to explain any
matter in the record, the individual may
initiate challenge procedures, including
either direct application by the
individual challenging the record to the
agency (i.e., law enforcement agency)
that contributed the questioned
information or direct challenge as to the
accuracy or completeness of any entry
on the criminal history record to the
Assistant Director, Federal Bureau of
Investigation, Identification Division,
Washington, DC 20537–9700 (as set
forth in 28 CFR 16.30 through 16.34). In
the latter case, the FBI will forward the
challenge to the submitting agency and
request that agency to verify or correct
the challenged entry. Upon receipt of an
official communication directly from
the agency that contributed the original
information, the FBI Identification
Division makes any necessary changes
in accordance with the information
supplied by that agency.
(ii) Be afforded 10 days to initiate an
action challenging the results of an FBI
criminal history records check
(described in (i), above) after the record
is made available to the individual for
his or her review. If the individual
initiates such a challenge, the NRC
Facilities Security Branch Chief may
make a determination based upon the
criminal history record only upon
receipt of the FBI’s ultimate
confirmation or correction of the record.
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18:49 Jul 15, 2013
Jkt 229001
5. Procedure To Provide Additional
Information
a. Before a determination by the NRC
Facilities Security Branch Chief that an
individual nominated as a reviewing
official is denied or revoked access to
SGI, the individual shall have the
following recourse:
(i) Be afforded an opportunity to
submit information relevant to the
individual’s trustworthiness and
reliability. The NRC Facilities Security
Branch Chief shall, in writing, notify the
individual of this opportunity and any
deadlines for submitting this
information. The NRC Facilities
Security Branch Chief may make a
determination of access to SGI only
upon receipt of the additional
information that the individual submits,
or, if no such information is submitted,
when the deadline to submit such
information has passed.
6. Procedure To Notify an Individual of
the NRC Facilities Security Branch Chief
Determination To Deny or Revoke
Access to SGI
Upon a determination by the NRC
Facilities Security Branch Chief that an
individual nominated as a reviewing
official is denied or has his or her access
to SGI revoked, the individual shall be
given a written explanation of the basis
for this determination.
7. Procedure To Appeal an NRC
Determination To Deny or Revoke
Access to SGI
Upon a determination by the NRC
Facilities Security Branch Chief that an
individual nominated as a reviewing
official is denied or has his or her access
to SGI revoked, the individual shall be
given an opportunity to appeal this
determination to the Director, Division
of Facilities and Security. The
determination must be appealed within
20 days of receipt of the written notice
of the determination by the Facilities
Security Branch Chief and may either be
in writing or in person. Any appeal
made in person shall take place at the
NRC’s headquarters and shall be at the
individual’s own expense. The
determination by the Director, Division
of Facilities and Security, shall be
rendered within 60 days after receipt of
the appeal.
8. Procedure To Notify an Individual of
the Determination by the Director,
Division of Facilities and Security, Upon
an Appeal
A determination by the Director,
Division of Facilities and Security, shall
be provided to the individual in writing
and include an explanation of the basis
for this determination. A decision by the
PO 00000
Frm 00079
Fmt 4703
Sfmt 4703
Director, Division of Facilities and
Security, to affirm the Facilities Branch
Chief’s determination to deny or revoke
an individual’s access to SGI is final and
not subject to further administrative
appeals.
General Requirements
Licensees and other persons who are
required to conduct fingerprinting shall
comply with the requirements of this
enclosure.5
The licensee shall notify the U.S.
Nuclear Regulatory Commission (NRC)
of any desired change in reviewing
officials, in compliance with C.1 of the
subject Order. The NRC will determine
if the individual nominated as the new
reviewing official may have access to
Safeguards Information (SGI) based on a
previously obtained or new criminal
history check and, therefore, will be
permitted to serve as the licensee’s
reviewing official.
Procedures for Processing Fingerprint
Checks
For the purpose of complying with
this Order, licensees shall, using an
appropriate method listed in Part 73 of
Title 10 of the Code of Federal
Regulations (10 CFR), ‘‘Physical
Protection of Plants and Materials,’’
Section 4, ‘‘Communications,’’ submit
one completed, legible standard
fingerprint card (Form FD–258,
ORIMDNRCOOOZ) to the NRC’s
Division of Facilities and Security, Mail
Stop TWB–05B32M, or, where
practicable, other fingerprint records for
each individual seeking access to SGI, to
the Director of the Division of Facilities
and Security, marked to the attention of
the Division’s Criminal History Check
Section. Copies of these forms may be
obtained by writing to the Office of
Information Services, U.S. Nuclear
Regulatory Commission, Region III,
Attn: Deborah Hersey, Mail Stop: Region
III—DRP, 2443 Warrenville Road, Suite
210, Lisle, IL 60532–4352, or by calling
1–630–829–9565 or sending email to
Forms.Resource@nrc.gov. Practicable
alternative formats are set forth in 10
CFR 73.4, ‘‘Communications.’’ The
licensee shall establish procedures to
ensure that the quality of the
fingerprints taken results in minimizing
the rejection rate of fingerprint cards
because of illegible or incomplete cards.
The NRC will review submitted
fingerprint cards for completeness. Any
Form FD–258 fingerprint record
containing omissions or evident errors
will be returned to the licensee for
5 As used herein, ‘‘licensee’’ means any licensee
or other person who is required to conduct
fingerprinting in accordance with these
requirements.
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Federal Register / Vol. 78, No. 136 / Tuesday, July 16, 2013 / Notices
emcdonald on DSK67QTVN1PROD with NOTICES
corrections. The fee for processing
fingerprint checks includes one resubmission if the Federal Bureau of
Investigations (FBI) returns the initial
submission because the fingerprint
impressions cannot be classified. If
additional submissions are necessary,
they will be treated as initial submittals
and will require a second payment of
the processing fee.
Fees for processing fingerprint checks
are due upon application. Licensees
shall submit payment with the
application for processing fingerprints
by corporate check, certified check,
cashier’s check, money order, or
electronic payment made payable to the
NRC. (For guidance on making
electronic payments, contact the
Facilities Security Branch, Division of
Facilities and Security, at 301–492–
3531) Combined payment for multiple
applications is acceptable. The
application fee (currently $26.00) is the
sum of the user fee that the FBI charges
for each fingerprint card or other
fingerprint record that the NRC submits
on behalf of a licensee and an NRC
processing fee, which covers
administrative costs associated with the
NRC’s handling of licensee fingerprint
submissions. The Commission will
directly notify licensees who are subject
to this regulation of any fee changes.
The Commission will forward to the
submitting licensee all data received
from the FBI as a result of the licensee’s
application(s) for criminal history
records checks, including the FBI
fingerprint record.
Right To Correct and Complete
Information
Before any final adverse
determination, the licensee shall make
available to the individual the contents
of any criminal records obtained from
the FBI for the purpose of assuring
correct and complete information.
Written confirmation by the individual
of receipt of this notification must be
maintained by the licensee for 1 year
from the date of the notification. If, after
reviewing the record, an individual
believes that it is incorrect or
incomplete in any respect and wishes to
change, correct, update the alleged
deficiency, or explain any matter in the
record, the individual may initiate
challenge procedures. These procedures
include either direct application by the
individual challenging the record to the
agency (i.e., law enforcement agency)
that contributed the questioned
information or direct challenge to the
accuracy or completeness of any entry
on the criminal history record to the
Assistant Director, Federal Bureau of
Investigation, Identification Division,
VerDate Mar<15>2010
18:49 Jul 15, 2013
Jkt 229001
Washington, DC 20537–9700 (as set
forth in 28 CFR 16.30 through 16.34). In
the latter case, the FBI forwards the
challenge to the agency that submitted
the data and requests that agency to
verify or correct the challenged data.
Upon receipt of an official
communication directly from the agency
that contributed the original
information, the FBI Identification
Division makes any changes necessary
in accordance with the information that
agency supplies. The licensee must give
at least 10 days for an individual to
initiate an action challenging the results
of an FBI criminal history records check
after the record is made available to that
individual for his or her review. The
licensee may make a final SGI access
determination based on the criminal
history record only upon receipt of the
FBI’s ultimate confirmation or
correction of the record. Upon a final
adverse determination on access to SGI,
the licensee shall give the individual its
documented basis for denial. Access to
SGI shall not be granted to an individual
during the review process.
Protection of Information
(1) Each licensee who obtains a
criminal history record on an individual
under this Order shall establish and
maintain a system of files and
procedures for protecting the record and
the personal information from
unauthorized disclosure.
(2) The licensee may not disclose the
record or personal information collected
and maintained to persons other than
the subject individual, his or her
representative, or to those who have a
need to access the information in
performing assigned duties in the
process of determining access to
Safeguards Information (SGI). No
individual authorized to have access to
the information may re-disseminate the
information to any other individual who
does not have a need-to-know claim.
(3) The personal information obtained
on an individual from a criminal history
record check may be transferred to
another licensee if the licensee holding
the criminal history record check
receives the individual’s written request
to re-disseminate the information
contained in his or her file, and the
current licensee verifies information
such as the individual’s name, date of
birth, social security number, sex, and
other applicable physical characteristics
for identification purposes.
(4) The licensee shall make criminal
history records, obtained under this
section, available for examination by an
authorized representative of the NRC to
determine compliance with the
regulations and laws.
PO 00000
Frm 00080
Fmt 4703
Sfmt 4703
42565
(5) The licensee shall retain all
fingerprint and criminal history records
received from the FBI, or a copy if the
individual’s file has been transferred,
for 3 years after termination of
employment or determination of access
to SGI (whether access was approved or
denied). After the required 3 years,
these documents shall be destroyed by
a method that will prevent
reconstruction of the information in
whole or in part.
[FR Doc. 2013–16984 Filed 7–15–13; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
Notice of Extension of Call for
Nominations for the Advisory
Committee on the Medical Uses of
Isotopes
U.S. Nuclear Regulatory
Commission.
ACTION: Notice.
AGENCY:
A call for nominations was
published by the U.S. Nuclear
Regulatory Commission (NRC) in the
Federal Register (78 FR 28652) on May
15, 2013 for the position of Agreement
State representative on the Advisory
Committee on the Medical Uses of
Isotopes (ACMUI). The nomination
period ends on July 15, 2013. This
notice confirms a 30 day extension of
the nomination period until August 15,
2013.
DATES: Nominations are due on or
before August 15, 2013.
Nomination Process: Submit an
electronic copy of a resume or
curriculum vitae, along with a cover
letter, to Ms. Sophie Holiday, at
sophie.holiday@nrc.gov.
The resume or curriculum vitae for
the Agreement State representative
should include the following
information, as applicable: Education;
certification, current state regulatory
experience, professional association
membership, committee membership
activities, and leadership activities. The
nominee must be an employee of an
Agreement State Radiation Control
Program.
SUMMARY:
Ms.
Sophie Holiday, U.S. Nuclear
Regulatory Commission, Office of
Federal and State Materials and
Environmental Management Programs;
(301) 415–7865;
sophie.holiday@nrc.gov.
FOR FURTHER INFORMATION CONTACT:
Dated at Rockville, Maryland this 10th day
of July, 2013.
E:\FR\FM\16JYN1.SGM
16JYN1
]]>Agencies
[Federal Register Volume 78, Number 136 (Tuesday, July 16, 2013)]
[Notices]
[Pages 42560-42565]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-16984]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[NRC-2013-0152]
[EA-13-033; Project No. 0782]
In the Matter of Korea Hydro and Nuclear Power, Co., Ltd. and All
Other Persons Who Seek or Obtain Access to Safeguards Information
Described Herein; Order Imposing Protection Requirements for Access to
Safeguards Information (Effective Immediately)
I
Korea Hydro and Nuclear Power, Co., Ltd. (KHNP) submitted a letter
of intent to the U.S. Nuclear Regulatory Commission (NRC) for a design
certification (DC) application in 2013.
In June 2009, the Commission published a rulemaking in the Federal
Register (FR) (74 FR 28112) requiring applicants for a variety of
licensing activities, including nuclear power plant designers, to
perform a design-specific assessment of the effects of the impact of a
large, commercial aircraft and to incorporate design features and
functional capabilities into the nuclear power plant design to provide
additional inherent protection with reduced use of operator actions. A
discussion of the specific requirements for applicants for new nuclear
power reactors can be found in Section V of the Federal Register
notice. To assist designers in completing this assessment, the
Commission has decided to provide the detailed aircraft impact
characteristics that should be used as reasonable inputs for reactor
vendors and architect and engineers who have the need to know and who
meet the NRC's requirements for the disclosure of such information to
use in the required aircraft impact assessments.
The NRC derived the characteristics from agency analyses performed
on operating reactors to support, in part, the development of a broadly
effective set of mitigation strategies to combat fires and explosions
from a spectrum of hypothetical aircraft impacts. Although the detailed
characteristics were not selected as a basis for designing new
reactors, the staff is suggesting them as a starting point for aircraft
impact assessments. On August 5, 2011, the NRC issued Regulatory Guide
(RG) 1.217, ``Guidance for the Assessment of Beyond-Design-Basis
Aircraft Impacts,'' (NRC's Agencywide Documents Access and Management
System (ADAMS) Accession No. ML092900004), which endorses the
methodologies described in the industry guidance document, Nuclear
Energy Institute (NEI) 07-13,
[[Page 42561]]
``Methodology for Performing Aircraft Impact Assessments for New Plant
Designs,'' Revision 8, dated April 2011 (ADAMS Accession No.
ML111440006). NEI 07-13 includes the aircraft impact characteristics in
two appendices. In addition, the staff recognizes that no national or
international consensus has been reached on the selection of
appropriate characteristics for such analyses. Therefore, the
information should be considered preliminary and subject to authorized
stakeholder comment. The detailed aircraft characteristics that are the
subject of this Order are hereby designated as Safeguards Information
(SGI) \1\ in accordance with Section 147 of the Atomic Energy Act of
1954, as amended (AEA).
---------------------------------------------------------------------------
\1\ SGI 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.
---------------------------------------------------------------------------
On October 24, 2008, the NRC revised Title 10 of the Code of
Federal Regulations (10 CFR) 73.21, ``Protection of Safeguards
Information: Performance Requirements,'' to include applicants in the
list of entities required to protect SGI (73 FR 63546). The NRC is
issuing this order to KHNP to impose requirements for the protection of
SGI in addition to the requirements set forth in 10 CFR 73.21, which
include nomination of a reviewing official, restrictions on storage of
SGI, and access to SGI by certain individuals.
To implement this Order, KHNP must nominate an individual who will
review the results of the Federal Bureau of Investigation (FBI)
criminal history records check to make SGI access determinations. This
individual, called the reviewing official, must be someone who seeks
access to SGI. Based on the results of the FBI criminal history records
check, the NRC staff will determine if this individual may have access
to SGI. If the NRC determines that the individual may not be granted
access to SGI, the enclosed order prohibits that individual from
obtaining access to any SGI. Once the NRC approves a reviewing
official, this reviewing official--and only this reviewing official--
can make SGI access determinations for other individuals who KHNP
identifies as having a need for SGI, who have been fingerprinted, and
who have had a criminal history records and background check in
accordance with this Order. The reviewing official can only make SGI
access determinations for other individuals but cannot approve other
individuals to act as reviewing officials. Only the NRC can approve a
reviewing official. Therefore, if KHNP wishes to have a new or
additional reviewing official, the NRC must approve this individual
before he or she can act in that capacity.
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. To provide
assurance that KHNP continues to implement appropriate measures to
ensure a consistent level of protection to prohibit unauthorized
disclosure of SGI, as well as to comply with the fingerprinting,
criminal history records check, and background check requirements for
access to SGI, KHNP shall implement the requirements for the protection
of SGI as set forth in 10 CFR 73.21, 10 CFR 73.22, ``Protection of
Safeguards Information: Specific Requirements,'' and this Order.
By rule, certain categories of individuals are exempted from the
fingerprinting requirements under 10 CFR 73.59, ``Relief from
Fingerprinting, Identification and Criminal History Records Checks and
Other Elements of Background Checks for Designated Categories of
Individuals.'' Those individuals include Federal, State, and local law
enforcement personnel in the United States (U.S.); Agreement State
inspectors who conduct security inspections on behalf of the NRC;
members of the U.S. Congress; certain employees of members of Congress
or congressional committees who have undergone fingerprinting for a
previous U.S. Government criminal history check; and representatives of
the International Atomic Energy Agency or certain foreign government
organizations. In addition, individuals who have had a favorably
decided U.S. Government criminal history check within the last 5 years,
or individuals who have active U.S. Federal security clearances
(provided in either case that they provide the appropriate
documentation), have already been subjected to fingerprinting and
criminal history checks and, thus, have satisfied the fingerprinting
requirement.
In addition, under 10 CFR 2.202, ``Orders,'' the NRC finds that, in
light of the 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, under Sections 147, 149, 161b, 161i, 161o, 182, and
186 of the AEA, and the Commission's regulations in 10 CFR 2.202 and10
CFR part 73, ``Physical Protection of Plants and Materials,'' it is
hereby ordered, effective immediately, that KHNP and all other persons
who seek or obtain access to safeguards information as described herein
shall comply with the requirements set forth in 10 CFR 73.21, 10 CFR
73.22, and this order.
A
(1) No person shall have access to any SGI if the NRC, when making
an SGI access determination for a nominated reviewing official, has
determined, based on fingerprinting and an FBI identification and
criminal history records check, that the person nominated may not have
access to SGI.
(2) KHNP shall store SGI designated by this Order only in the
facility or facilities specifically approved in writing by the NRC for
storage of SGI designated by this Order. KHNP may request, in writing,
NRC approval of additional facilities for the storage of the SGI
designated by this Order that the NRC will consider on a case-by-case
basis.
(3) KHNP may provide SGI designated by this Order to individuals
(such as foreign/non-U.S. nationals, U.S. citizens living in foreign
countries, or individuals under the age of 18) for whom fingerprinting
and an FBI criminal history records check are not reasonably expected
to yield sufficient criminal history information to form the basis of
an informed decision on granting access to SGI, provided that the
individual satisfies the requirements of this Order, and that KHNP has
implemented measures, in addition to those set forth in this Order, to
ensure that the individual is suitable to have access to the SGI
designated by this Order. Such additional measures must include, but
are not limited to, equivalent criminal history records checks
conducted by a U.S. local, U.S. State, or foreign governmental agency
and enhanced background checks, including employment and credit
history. The NRC must review these additional measures and approve them
in writing.
B. No person may provide SGI to another person, except in
accordance with Section III.A. above. Before a person provides SGI to
any person, a copy of this Order shall be provided to that person.
C. KHNP shall comply with the following requirements:
[[Page 42562]]
(1) KHNP shall, within 20 days of the date of this Order, submit
the fingerprints of one individual whom (a) it nominates as the
reviewing official for determining access to SGI by other individuals,
and (b) has an established need to know the information. The NRC will
determine if this individual (or any subsequent reviewing official) may
have access to SGI and, therefore, will be permitted to serve as KHNP's
reviewing official.\2\ KHNP may, at the same time or later, submit the
fingerprints of other individuals to whom it seeks to grant access to
SGI. Fingerprints shall be submitted and reviewed in accordance with
the procedures described in the attachment to this Order.
---------------------------------------------------------------------------
\2\ The NRC's determination of this individual's access to SGI
in accordance with the process described in Enclosure 3 to the
transmittal letter of this Order is an administrative determination
that is outside the scope of this Order.
---------------------------------------------------------------------------
(2) KHNP shall, in writing, within 20 days of the date of this
Order, notify the Commission (1) if it is unable to comply with any of
the requirements described in the Order, including the attachment, or
(2) if compliance with any of the requirements is unnecessary in its
specific circumstances.
The notification shall provide KHNP's justification for seeking
relief from, or variation of, any specific requirement.
KHNP shall submit responses to C.(1) and C.(2) above to the
Director, Office of New Reactors, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001. In addition, KHNP shall mark its responses
as ``Security-Related Information-Withhold Under 10 CFR 2.390.''
Except for the requirements for fingerprinting, the Director,
Office of New Reactors, may, in writing, relax or rescind any of the
above conditions upon demonstration of good cause by KHNP.
IV
In accordance with 10 CFR 2.202, KHNP must, and any other person
adversely affected by this Order may, submit an answer to this Order
and may request a hearing on this Order, within 20 days of the date of
this Order. Where good cause is shown, the NRC will consider extending
the time to request a hearing. A request for an extension to submit an
answer or request a hearing must be made in writing to the Director,
Office of New Reactors, 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. Unless the answer consents to
this Order, the answer shall, in writing and under oath or affirmation,
specifically set forth the matters of fact and law by which KHNP or
other entities adversely affected rely, and the reasons as to why the
NRC should not have issued this Order.
All documents filed in NRC adjudicatory proceedings, including a
request for hearing, a petition for leave to intervene, any motion or
other document filed in the proceeding prior to the submission of a
request for hearing or petition to intervene, and documents filed by
interested governmental entities participating under 10 CFR 2.315(c),
must be filed in accordance with the NRC's 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 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 the Electronic Information Exchange System,
users will be required to install a Web browser plug-in from the NRC's
Web site. Further information on the Web-based submission form,
including the installation of the Web browser plug-in, is available on
the NRC's public Web site at https://www.nrc.gov/site-help/e-submittals.html.
Once a participant has obtained a digital ID certificate and a
docket has been created, the participant can then submit a request for
a hearing or petition for leave to intervene. Submissions should be in
Portable Document Format (PDF) in accordance with NRC's guidance
available on the NRC's public Web site at https://www.nrc.gov/site-help/e-submittals.html. A filing is considered complete at the time the
documents are submitted through the NRC's E-Filing system. To be
timely, an electronic filing must be submitted to the E-Filing system
no later than 11:59 p.m. Eastern Time on the due date. Upon receipt of
a transmission, the E-Filing system time-stamps the document and sends
the submitter an email notice confirming receipt of the document. The
E-Filing system also distributes an email notice that provides access
to the document to the NRC's 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's 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 1-866-672-7640. The
NRC Meta System Help Desk is available between 8 a.m. and 8 p.m.,
Eastern Time, Monday through Friday, excluding government holidays.
Participants who believe that they have good cause for not
submitting
[[Page 42563]]
documents electronically must file an exemption request, in accordance
with 10 CFR 2.302(g), with their initial paper filing requesting
authorization to continue to submit documents in paper format. Such
filings must be submitted by (1) first class mail addressed to the
Office of the Secretary of the Commission, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001, Attention: Rulemaking and
Adjudications Staff; or (2) courier, express mail, or expedited
delivery service to the Office of the Secretary, Sixteenth Floor, One
White Flint North, 11555 Rockville Pike, Rockville, Maryland, 20852,
Attention: Rulemaking and Adjudications Staff. Participants filing a
document in this manner are responsible for serving the document on all
other participants. Filing is considered complete by first-class mail
as of the time of deposit in the mail, or by courier, express mail, or
expedited delivery service upon depositing the document with the
provider of the service. A presiding officer, having granted an
exemption request from using E-Filing, may require a participant or
party to use E-Filing if the presiding officer subsequently determines
that the reason for granting the exemption from use of E-Filing no
longer exists.
Documents submitted in adjudicatory proceedings will appear in
NRC's electronic hearing docket which is available to the public at
https://ehd1.nrc.gov/ehd, unless excluded pursuant to an order of the
Commission, or the presiding officer. Participants are requested not to
include personal privacy information, such as social security numbers,
home addresses, or home phone numbers in their filings, unless an NRC
regulation or other law requires submission of such information. With
respect to copyrighted works, except for limited excerpts that serve
the purpose of the adjudicatory filings and would constitute a Fair Use
application, participants are requested not to include copyrighted
materials in their submission.
If KHNP, or a person whose interest is adversely affected, requests
a hearing, the Commission will issue an order designating the time and
place of the hearing. If a hearing is held, the issue to be considered
at such hearing shall be whether this Order should be sustained.
Under 10 CFR 2.202(c)(2)(i), KHNP may, in addition to demanding a
hearing, at the time the answer is filed or sooner, move the presiding
officer to set aside the immediate effectiveness of the order on the
grounds that the order, including the need for immediate effectiveness,
is not based on adequate evidence but on mere suspicion, unfounded
allegations, or error. In the absence of any request for hearing, or
written approval of an extension of time in which to request a hearing,
the provisions as specified above in Section III shall be final 20 days
from the date of this Order without further order or proceedings.
If the agency approves an extension for a hearing, the provisions,
as specified above 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 1st day of July 2013.
For the U.S. Nuclear Regulatory Commission.
Gary M. Holahan,
Acting Director, Office of New Reactors.
Guidance for Evaluation of Access to Safeguards Information with the
Inclusion of Criminal History Records (Fingerprint) Checks
When a licensee or other person \3\ submits fingerprints to the
U.S. Nuclear Regulatory Commission (NRC) under an NRC Order, it will
receive a criminal history summary of information, provided in U.S.
Federal records, since the individual's 18th birthday. Individuals
retain the right to correct and complete information and to initiate
challenge procedures described in Enclosure 3. The licensee will
receive the information from the criminal history records check for
those individuals requiring access to Safeguards Information (SGI), and
the reviewing official will evaluate that information using the
guidance below. Furthermore, the requirements for all Orders, which
apply to the information and material to which access is being granted,
must be met.
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\3\ As used herein, ``licensee'' means any licensee or other
person who is required to conduct fingerprinting.
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The licensee's reviewing official is required to evaluate all
pertinent and available information in making a determination of access
to SGI, including the criminal history information about the individual
as required by the NRC Order. The criminal history records check is
used when determining if an individual has a record of criminal
activity that indicates that the individual should not have access to
SGI. Each determination of access to SGI, which includes a review of
criminal history information, must be documented to include the basis
for the decision that is made.
(i) If negative information is discovered that the individual did
not provide, or which is different in any material respect from the
information that the individual provided, this information should be
considered, and decisions made based on these findings must be
documented.
(ii) Any record containing a pattern of behaviors that indicates
that the behaviors could recur or continue, or recent behaviors that
cast doubt on whether an individual should have access to SGI, should
be carefully evaluated before any authorization of access to SGI.
It is necessary for a licensee to resubmit fingerprints only under
two conditions:
(1) The FBI has determined that the fingerprints cannot be
classified because of poor quality in the mechanics of taking the
initial impressions.
(2) The initial submission is lost.
If the FBI advises that four sets of fingerprints are
unclassifiable because they are unreadable, the NRC will automatically
forward a name search to the FBI. When those search results are
received from the FBI, no further search is necessary.
Process To Challenge NRC Denials or Revocations of Access to Safeguards
Information
1. Policy
This policy establishes a process for individuals whom the U.S.
Nuclear Regulatory Commission (NRC) licenses or other person \4\
nominated as reviewing officials to challenge and appeal NRC denials or
revocations of access to Safeguards Information (SGI). Any individual
nominated as a licensee reviewing official whom the NRC has determined
may not have access to SGI shall, to the extent provided below, be
afforded an opportunity to challenge and appeal the NRC's
determination. This policy shall not be construed to require the
disclosure of SGI to any person; neither shall it be construed to
create a liberty or property interest of any kind in the access of any
individual to SGI.
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\4\ As used herein, ``licensee'' means any licensee or other
person who is required to conduct fingerprinting.
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2. Applicability
This policy applies solely to those employees of licensees who are
nominated as reviewing officials and who are thus considered, by the
NRC, for initial or continued access to SGI in that position.
[[Page 42564]]
3. SGI Access Determination Criteria
The NRC will determine whether access to SGI will be granted to an
individual nominated to be a reviewing official. Access to SGI shall be
denied or revoked whenever it is determined that an individual does not
meet the applicable standards. Any doubt about an individual's
eligibility for initial or continued access to SGI shall be resolved in
favor of the national security, and access will be denied or revoked.
4. Procedure To Challenge the Contents of Records Obtained From the FBI
a. Before a determination by the NRC Facilities Security Branch
Chief that an individual nominated as a reviewing official is denied or
revoked access to SGI, the individual shall have the following
recourse:
(i) Be given the contents of records obtained from the FBI for the
purpose of assuring correct and complete information. If, after
reviewing the record, an individual believes that it is incorrect or
incomplete in any respect and wishes to change, correct, or update the
alleged deficiency, or to explain any matter in the record, the
individual may initiate challenge procedures, including either direct
application by the individual challenging the record to the agency
(i.e., law enforcement agency) that contributed the questioned
information or direct challenge as to the accuracy or completeness of
any entry on the criminal history record to the Assistant Director,
Federal Bureau of Investigation, Identification Division, Washington,
DC 20537-9700 (as set forth in 28 CFR 16.30 through 16.34). In the
latter case, the FBI will forward the challenge to the submitting
agency and request that agency to verify or correct the challenged
entry. Upon receipt of an official communication directly from the
agency that contributed the original information, the FBI
Identification Division makes any necessary changes in accordance with
the information supplied by that agency.
(ii) Be afforded 10 days to initiate an action challenging the
results of an FBI criminal history records check (described in (i),
above) after the record is made available to the individual for his or
her review. If the individual initiates such a challenge, the NRC
Facilities Security Branch Chief may make a determination based upon
the criminal history record only upon receipt of the FBI's ultimate
confirmation or correction of the record.
5. Procedure To Provide Additional Information
a. Before a determination by the NRC Facilities Security Branch
Chief that an individual nominated as a reviewing official is denied or
revoked access to SGI, the individual shall have the following
recourse:
(i) Be afforded an opportunity to submit information relevant to
the individual's trustworthiness and reliability. The NRC Facilities
Security Branch Chief shall, in writing, notify the individual of this
opportunity and any deadlines for submitting this information. The NRC
Facilities Security Branch Chief may make a determination of access to
SGI only upon receipt of the additional information that the individual
submits, or, if no such information is submitted, when the deadline to
submit such information has passed.
6. Procedure To Notify an Individual of the NRC Facilities Security
Branch Chief Determination To Deny or Revoke Access to SGI
Upon a determination by the NRC Facilities Security Branch Chief
that an individual nominated as a reviewing official is denied or has
his or her access to SGI revoked, the individual shall be given a
written explanation of the basis for this determination.
7. Procedure To Appeal an NRC Determination To Deny or Revoke Access to
SGI
Upon a determination by the NRC Facilities Security Branch Chief
that an individual nominated as a reviewing official is denied or has
his or her access to SGI revoked, the individual shall be given an
opportunity to appeal this determination to the Director, Division of
Facilities and Security. The determination must be appealed within 20
days of receipt of the written notice of the determination by the
Facilities Security Branch Chief and may either be in writing or in
person. Any appeal made in person shall take place at the NRC's
headquarters and shall be at the individual's own expense. The
determination by the Director, Division of Facilities and Security,
shall be rendered within 60 days after receipt of the appeal.
8. Procedure To Notify an Individual of the Determination by the
Director, Division of Facilities and Security, Upon an Appeal
A determination by the Director, Division of Facilities and
Security, shall be provided to the individual in writing and include an
explanation of the basis for this determination. A decision by the
Director, Division of Facilities and Security, to affirm the Facilities
Branch Chief's determination to deny or revoke an individual's access
to SGI is final and not subject to further administrative appeals.
General Requirements
Licensees and other persons who are required to conduct
fingerprinting shall comply with the requirements of this enclosure.\5\
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\5\ As used herein, ``licensee'' means any licensee or other
person who is required to conduct fingerprinting in accordance with
these requirements.
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The licensee shall notify the U.S. Nuclear Regulatory Commission
(NRC) of any desired change in reviewing officials, in compliance with
C.1 of the subject Order. The NRC will determine if the individual
nominated as the new reviewing official may have access to Safeguards
Information (SGI) based on a previously obtained or new criminal
history check and, therefore, will be permitted to serve as the
licensee's reviewing official.
Procedures for Processing Fingerprint Checks
For the purpose of complying with this Order, licensees shall,
using an appropriate method listed in Part 73 of Title 10 of the Code
of Federal Regulations (10 CFR), ``Physical Protection of Plants and
Materials,'' Section 4, ``Communications,'' submit one completed,
legible standard fingerprint card (Form FD-258, ORIMDNRCOOOZ) to the
NRC's Division of Facilities and Security, Mail Stop TWB-05B32M, or,
where practicable, other fingerprint records for each individual
seeking access to SGI, to the Director of the Division of Facilities
and Security, marked to the attention of the Division's Criminal
History Check Section. Copies of these forms may be obtained by writing
to the Office of Information Services, U.S. Nuclear Regulatory
Commission, Region III, Attn: Deborah Hersey, Mail Stop: Region III--
DRP, 2443 Warrenville Road, Suite 210, Lisle, IL 60532-4352, or by
calling 1-630-829-9565 or sending email to Forms.Resource@nrc.gov.
Practicable alternative formats are set forth in 10 CFR 73.4,
``Communications.'' The licensee shall establish procedures to ensure
that the quality of the fingerprints taken results in minimizing the
rejection rate of fingerprint cards because of illegible or incomplete
cards.
The NRC will review submitted fingerprint cards for completeness.
Any Form FD-258 fingerprint record containing omissions or evident
errors will be returned to the licensee for
[[Page 42565]]
corrections. The fee for processing fingerprint checks includes one re-
submission if the Federal Bureau of Investigations (FBI) returns the
initial submission because the fingerprint impressions cannot be
classified. If additional submissions are necessary, they will be
treated as initial submittals and will require a second payment of the
processing fee.
Fees for processing fingerprint checks are due upon application.
Licensees shall submit payment with the application for processing
fingerprints by corporate check, certified check, cashier's check,
money order, or electronic payment made payable to the NRC. (For
guidance on making electronic payments, contact the Facilities Security
Branch, Division of Facilities and Security, at 301-492-3531) Combined
payment for multiple applications is acceptable. The application fee
(currently $26.00) is the sum of the user fee that the FBI charges for
each fingerprint card or other fingerprint record that the NRC submits
on behalf of a licensee and an NRC processing fee, which covers
administrative costs associated with the NRC's handling of licensee
fingerprint submissions. The Commission will directly notify licensees
who are subject to this regulation of any fee changes.
The Commission will forward to the submitting licensee all data
received from the FBI as a result of the licensee's application(s) for
criminal history records checks, including the FBI fingerprint record.
Right To Correct and Complete Information
Before any final adverse determination, the licensee shall make
available to the individual the contents of any criminal records
obtained from the FBI for the purpose of assuring correct and complete
information. Written confirmation by the individual of receipt of this
notification must be maintained by the licensee for 1 year from the
date of the notification. If, after reviewing the record, an individual
believes that it is incorrect or incomplete in any respect and wishes
to change, correct, update the alleged deficiency, or explain any
matter in the record, the individual may initiate challenge procedures.
These procedures include either direct application by the individual
challenging the record to the agency (i.e., law enforcement agency)
that contributed the questioned information or direct challenge to the
accuracy or completeness of any entry on the criminal history record to
the Assistant Director, Federal Bureau of Investigation, Identification
Division, Washington, DC 20537-9700 (as set forth in 28 CFR 16.30
through 16.34). In the latter case, the FBI forwards the challenge to
the agency that submitted the data and requests that agency to verify
or correct the challenged data. Upon receipt of an official
communication directly from the agency that contributed the original
information, the FBI Identification Division makes any changes
necessary in accordance with the information that agency supplies. The
licensee must give at least 10 days for an individual to initiate an
action challenging the results of an FBI criminal history records check
after the record is made available to that individual for his or her
review. The licensee may make a final SGI access determination based on
the criminal history record only upon receipt of the FBI's ultimate
confirmation or correction of the record. Upon a final adverse
determination on access to SGI, the licensee shall give the individual
its documented basis for denial. Access to SGI shall not be granted to
an individual during the review process.
Protection of Information
(1) Each licensee who obtains a criminal history record on an
individual under this Order shall establish and maintain a system of
files and procedures for protecting the record and the personal
information from unauthorized disclosure.
(2) The licensee may not disclose the record or personal
information collected and maintained to persons other than the subject
individual, his or her representative, or to those who have a need to
access the information in performing assigned duties in the process of
determining access to Safeguards Information (SGI). No individual
authorized to have access to the information may re-disseminate the
information to any other individual who does not have a need-to-know
claim.
(3) The personal information obtained on an individual from a
criminal history record check may be transferred to another licensee if
the licensee holding the criminal history record check receives the
individual's written request to re-disseminate the information
contained in his or her file, and the current licensee verifies
information such as the individual's name, date of birth, social
security number, sex, and other applicable physical characteristics for
identification purposes.
(4) The licensee shall make criminal history records, obtained
under this section, available for examination by an authorized
representative of the NRC to determine compliance with the regulations
and laws.
(5) The licensee shall retain all fingerprint and criminal history
records received from the FBI, or a copy if the individual's file has
been transferred, for 3 years after termination of employment or
determination of access to SGI (whether access was approved or denied).
After the required 3 years, these documents shall be destroyed by a
method that will prevent reconstruction of the information in whole or
in part.
[FR Doc. 2013-16984 Filed 7-15-13; 8:45 am]
BILLING CODE 7590-01-P
