In the Matter of South Carolina Electric & Gas Company, Virgil C. Summer ; Nuclear Station Independent Spent Fuel Storage Installation Order Modifying License (Effective Immediately), 6652-6657 [2014-02324]

Download as PDF 6652 Federal Register / Vol. 79, No. 23 / Tuesday, February 4, 2014 / Notices Tuesday, March 4, 2014 9:00 a.m. Briefing on Security Issues (Closed—Ex. 1) 1:30 p.m. Briefing on Security Issues (Closed—Ex. 1) Friday, March 7, 2014 10:00 a.m. Meeting with the Advisory Committee on Reactor Safeguards (ACRS) (Public Meeting) (Contact: Ed Hackett, 301–415–7360) This meeting will be webcast live at the Web address—https://www.nrc.gov/. mstockstill on DSK4VPTVN1PROD with NOTICES Week of March 10, 2014—Tentative There are no meetings scheduled for the week of March 10, 2014. * * * * * 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. * * * * * Additional Information By a vote of 4–0 on January 24, 2014, the Commission determined pursuant to U.S.C. 552b(e) and ’9.107(a) of the Commission’s rules that the Affirmation Session on USDOE HLW Repository, State of Nevada Petition for Clarification of 11/18/13 Restart Order and Related Staff Requirements Memorandum (11/27/13); ‘‘Five Parties’’ Motion for Reconsideration of Memorandum and Order (11/27/13) be held with less than one week notice to the public. The meeting was held on January 24, 2014. * * * * * The NRC Commission Meeting Schedule can be found on the Internet at: https://www.nrc.gov/public-involve/ public-meetings/schedule.html. * * * * * 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.Meyer-Chambers@ nrc.gov. Determinations on requests for reasonable accommodation will be made on a case-by-case basis. * * * * * Members of the public may request to receive this information electronically. If you would like to be added to the distribution, please contact the Office of VerDate Mar<15>2010 20:14 Feb 03, 2014 Jkt 232001 the Secretary, Washington, DC 20555 (301–415–1969), or send an email to Darlene.Wright@nrc.gov. Dated: January 30, 2014. Rochelle C. Bavol, Policy Coordinator, Office of the Secretary, [FR Doc. 2014–02437 Filed 1–31–14; 4:15 pm] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [Docket No. 72–1038; EA–13–228; NRC– 2014–0017] In the Matter of South Carolina Electric & Gas Company, Virgil C. Summer ; Nuclear Station Independent Spent Fuel Storage Installation Order Modifying License (Effective Immediately) Nuclear Regulatory Commission. ACTION: Order; modification. AGENCY: The U.S. Nuclear Regulatory Commission (NRC) has issued a general license to South Carolina Electric & Gas Company (SCEG), authorizing the operation of an Independent Spent Fuel Storage Installation (ISFSI), in accordance with its regulations. This Order is being issued to SCEG because SCEG has identified near-term plans to store spent fuel in an ISFSI under the general license provisions of the NRC’s regulations. ADDRESSES: Please refer to Docket ID NRC–2014–0017 when contacting the NRC about the availability of information regarding this document. You may access publicly-available information related to this action by the following methods: • Federal Rulemaking Web site: Go to https://www.regulations.gov and search for Docket ID NRC–2014–0017. Address questions about NRC dockets to Carol Gallagher; telephone: 301–287–3422; email: Carol.Gallagher@nrc.gov. For technical questions, contact the individual listed in the FOR FURTHER INFORMATION CONTACT section of this document. • NRC’s Agencywide Documents Access and Management System (ADAMS): You may access publicly available documents online in the NRC Library at https://www.nrc.gov/readingrm/adams.html. To begin the search, select ‘‘ADAMS Public Documents’’ and then select ‘‘Begin Web-based ADAMS Search.’’ For problems with ADAMS, please contact the NRC’s Public Document Room (PDR) reference staff at 1–800–397–4209, 301–415–4737, or by email to pdr.resource@nrc.gov. The SUMMARY: PO 00000 Frm 00122 Fmt 4703 Sfmt 4703 ADAMS accession number for each document referenced in this document (if that document is available in ADAMS) is provided the first time that a document is referenced. • NRC’s PDR: You may examine and purchase copies of public documents at the NRC’s PDR, Room O1–F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. FOR FURTHER INFORMATION CONTACT: L. Raynard Wharton, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001; telephone: 301–287–9196; email: Raynard.Wharton@nrc.gov. SUPPLEMENTARY INFORMATION: I. Introduction Pursuant to § 2.106 of Title 10 of the Code of the Federal Regulations (10 CFR), the NRC is providing notice, in the matter of Virgil C. Summer Nuclear Station Independent Spent Fuel Storage Installation (ISFSI) Order Modifying License (Effective Immediately). II. Further Information I. The NRC has issued a general license to South Carolina Electric & Gas Company (SCEG), authorizing the operation of an ISFSI, in accordance with the Atomic Energy Act of 1954, as amended, and 10 CFR part 72. This Order is being issued to SCEG because SCEG has identified near-term plans to store spent fuel in an ISFSI under the general license provisions of 10 CFR part 72. The Commission’s regulations at 10 CFR 72.212(b)(5), 10 CFR 50.54(p)(1), and 10 CFR 73.55(c)(5) require licensees to maintain safeguards contingency plan procedures to respond to threats of radiological sabotage and to protect the spent fuel against the threat of radiological sabotage, in accordance with 10 CFR part 73, Appendix C. Specific physical security requirements are contained in 10 CFR 73.51 or 73.55, as applicable. Inasmuch as an insider has an opportunity equal to, or greater than, any other person, to commit radiological sabotage, the Commission has determined these measures to be prudent. Comparable Orders have been issued to all licensees that currently store spent fuel or have identified nearterm plans to store spent fuel in an ISFSI. II. On September 11, 2001, terrorists simultaneously attacked targets in New York, NY, and near Washington, DC, using large commercial aircraft as E:\FR\FM\04FEN1.SGM 04FEN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 23 / Tuesday, February 4, 2014 / Notices weapons. In response to the attacks and intelligence information subsequently obtained, the Commission issued a number of Safeguards and Threat Advisories to its licensees to strengthen licensees’ capabilities and readiness to respond to a potential attack on a nuclear facility. On October 16, 2002, the Commission issued Orders to the licensees of operating ISFSIs, to place the actions taken in response to the Advisories into the established regulatory framework and to implement additional security enhancements that emerged from NRC’s ongoing comprehensive review. The Commission has also communicated with other Federal, State, and local government agencies and industry representatives to discuss and evaluate the current threat environment in order to assess the adequacy of security measures at licensed facilities. In addition, the Commission has conducted a comprehensive review of its safeguards and security programs and requirements. As a result of its consideration of current safeguards and security requirements, as well as a review of information provided by the intelligence community, the Commission has determined that certain additional security measures (ASMs) are required to address the current threat environment, in a consistent manner throughout the nuclear ISFSI community. Therefore, the Commission is imposing requirements, as set forth in Attachments 1 and 2 of this Order, on all licensees of these facilities. These requirements, which supplement existing regulatory requirements, will provide the Commission with reasonable assurance that the public health and safety, the environment, and common defense and security continue to be adequately protected in the current threat environment. These requirements will remain in effect until the Commission determines otherwise. The Commission recognizes that licensees may have already initiated many of the measures set forth in Attachments 1 and 2 to this Order, in response to previously issued Advisories, or on their own. It also recognizes that some measures may not be possible or necessary at some sites, or may need to be tailored to accommodate the specific circumstances existing at SCEG’s facility, to achieve the intended objectives and avoid any unforeseen effect on the safe storage of spent fuel. Although the ASMs implemented by licensees in response to the Safeguards and Threat Advisories have been sufficient to provide reasonable VerDate Mar<15>2010 20:14 Feb 03, 2014 Jkt 232001 assurance of adequate protection of public health and safety, in light of the continuing threat environment, the Commission concludes that these actions should be embodied in an Order, consistent with the established regulatory framework. To provide assurance that licensees are implementing prudent measures to achieve a consistent level of protection to address the current threat environment, licenses issued pursuant to 10 CFR 72.210 shall be modified to include the requirements identified in Attachments 1 and 2 to this Order. In addition, pursuant to 10 CFR 2.202, I find that, in light of the common defense and security circumstances described above, the public health, safety, and interest require that this Order be effective immediately. III. Accordingly, pursuant to Sections 53, 103, 104, 147, 149, 161b, 161i, 161o, 182, and 186 of the Atomic Energy Act of 1954, as amended, and the Commission’s regulations in 10 CFR 2.202 and 10 CFR parts 50, 72, and 73, it is hereby ordered, effective immediately, that your general license is modified as follows: A. SCEG shall comply with the requirements described in Attachments 1 and 2 to this Order, except to the extent that a more stringent requirement is set forth in the Virgil C. Summer Nuclear Station’s physical security plan. SCEG shall demonstrate its ability to comply with the requirements in Attachments 1 and 2 to the Order no later than 365 days from the date of this Order or 90 days before the first day that spent fuel is initially placed in the ISFSI, whichever is earlier. SCEG must implement these requirements before initially placing spent fuel in the ISFSI. Additionally, SCEG must receive written verification from the NRC that it has adequately demonstrated compliance with these requirements before initially placing spent fuel in the ISFSI. B. 1. SCEG shall, within twenty (20) days of the date of this Order, notify the Commission: (1) if it is unable to comply with any of the requirements described in Attachments 1 and 2; (2) if compliance with any of the requirements is unnecessary, in its specific circumstances; or (3) if implementation of any of the requirements would cause SCEG to be in violation of the provisions of any Commission regulation or the facility license. The notification shall provide SCEG’s justification for seeking relief from, or variation of, any specific requirement. PO 00000 Frm 00123 Fmt 4703 Sfmt 4703 6653 2. If SCEG considers that implementation of any of the requirements described in Attachments 1 and 2 to this Order would adversely impact the safe storage of spent fuel, SCEG must notify the Commission, within twenty (20) days of this Order, of the adverse safety impact, the basis for its determination that the requirement has an adverse safety impact, and either a proposal for achieving the same objectives specified in Attachments 1 and 2 requirements in question, or a schedule for modifying the facility, to address the adverse safety condition. If neither approach is appropriate, SCEG must supplement its response, to Condition B.1 of this Order, to identify the condition as a requirement with which it cannot comply, with attendant justifications, as required under Condition B.1. C. 1. SCEG shall, within twenty (20) days of this Order, submit to the Commission, a schedule for achieving compliance with each requirement described in Attachments 1 and 2. 2. SCEG shall report to the Commission when it has achieved full compliance with the requirements described in Attachments 1 and 2. D. All measures implemented or actions taken in response to this Order shall be maintained until the Commission determines otherwise. SCEG’s response to Conditions B.1, B.2, C.1, and C.2, above, shall be submitted in accordance with 10 CFR 72.4. In addition, submittals and documents produced by SCEG as a result of this Order, that contain Safeguards Information as defined by 10 CFR 73.22, shall be properly marked and handled, in accordance with 10 CFR 73.21 and 73.22. The Director, Office of Nuclear Material Safety and Safeguards, may, in writing, relax or rescind any of the above conditions, for good cause. IV. In accordance with 10 CFR 2.202, SCEG must, and any other person adversely affected by this Order may, submit an answer to this Order within 20 days of its publication in the Federal Register. In addition, SCEG and any other person adversely affected by this Order may request a hearing on this Order within 20 days of its publication in the Federal Register. Where good cause is shown, consideration will be given to extending the time to answer or request a hearing. A request for extension of time must be made, in writing, to the Director, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001, and E:\FR\FM\04FEN1.SGM 04FEN1 mstockstill on DSK4VPTVN1PROD with NOTICES 6654 Federal Register / Vol. 79, No. 23 / Tuesday, February 4, 2014 / Notices 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 SCEG relies and the reasons as to why the Order should not have been issued. If a person other than SCEG requests a hearing, that person shall set forth with particularity the manner in which his/ her interest is adversely affected by this Order and shall address the criteria set forth in 10 CFR 2.309(d). All documents filed in the NRC’s adjudicatory proceedings, including a request for hearing, a petition for leave to intervene, any motion or other document filed in the proceeding prior to the submission of a request for hearing or petition to intervene, and documents filed by interested governmental entities participating under 10 CFR 2.315(c), must be filed in accordance with the NRC E-Filing rule (72 FR 49139; August 28, 2007). The EFiling process requires participants to submit and serve all adjudicatory documents electronically, 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 the 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 the NRC’s ‘‘Guidance for Electronic Submission,’’ which is available on the VerDate Mar<15>2010 20:14 Feb 03, 2014 Jkt 232001 NRC’s public Web site at https:// www.nrc.gov/site-help/esubmittals.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 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 hearing or petition for leave to intervene. Submissions should be in Portable Document Format (PDF) in accordance with the NRC’s guidance available on the NRC’s public Web site at https://www.nrc.gov/sitehelp/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 EFiling 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 documents on those participants separately. Therefore, applicants and other participants (or their counsel or representative) must apply for and receive a digital ID certificate before a hearing request/ petition to intervene is filed so that they can obtain access to the document via the E-Filing system. A person filing electronically using the agency’s adjudicatory E-Filing system may seek assistance by contacting the NRC Meta System Help Desk through the ‘‘Contact Us’’ link located on the NRC’s Web site at https:// www.nrc.gov/site-help/e- PO 00000 Frm 00124 Fmt 4703 Sfmt 4703 submittals.html, by email to MSHD.Resource@nrc.gov, or by a tollfree call at 1–866–672–7640. The NRC Meta System Help Desk is available between 8 a.m. and 8 p.m., Eastern Time, Monday through Friday, excluding government holidays. Participants who believe that they have a good cause for not submitting documents electronically must file an exemption request, in accordance with 10 CFR 2.302(g), with their initial paper filing requesting authorization to continue to submit documents in paper format. Such filings must be submitted by: (1) first class mail addressed to the Office of the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20555– 0001, Attention: Rulemaking and Adjudications Staff; or (2) courier, express mail, or expedited delivery service to the Office of the Secretary of the Commission, Sixteenth Floor, One White Flint North, 11555 Rockville Pike, Rockville, Maryland, 20852, Attention: Rulemaking and Adjudications Staff. Participants filing a document in this manner are responsible for serving the document on all other participants. Filing is considered complete by first-class mail as of the time of deposit in the mail, or by courier, express mail, or expedited delivery service upon depositing the document with the provider of the service. A presiding officer, having granted an exemption request from using E-Filing, may require a participant or party to use E-Filing if the presiding officer subsequently determines that the reason for granting the exemption from use of E-Filing no longer exists. Documents submitted in adjudicatory proceedings will appear in NRC’s electronic hearing docket which is available to the public at https:// ehd1.nrc.gov/ehd, unless excluded pursuant to an order of the Commission, or the presiding officer. Participants are requested not to include personal privacy information, such as social security numbers, home addresses, or home phone numbers in their filings, unless an NRC regulation or other law requires submission of such information. With respect to copyrighted works, except for limited excerpts that serve the purpose of the adjudicatory filings and would constitute a Fair Use application, participants are requested not to include copyrighted materials in their submission. If a hearing is requested by SCEG 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 E:\FR\FM\04FEN1.SGM 04FEN1 Federal Register / Vol. 79, No. 23 / Tuesday, February 4, 2014 / Notices issue to be considered at such hearing shall be whether this Order should be sustained. Pursuant to 10 CFR 2.202(c)(2)(i), SCEG may, in addition to requesting a hearing, at the time the answer is filed or sooner, move the presiding officer to set aside the immediate effectiveness of the Order on the grounds that the Order, including the need for immediate effectiveness, is not based on adequate evidence, but on mere suspicion, unfounded allegations, or error. In the absence of any request for hearing, or written approval of an extension of time in which to request a hearing, the provisions as specified in Section III shall be final twenty (20) days from the date this Order is published in the Federal Register, without further Order or proceedings. If an extension of time for requesting a hearing has been approved, the provisions as specified in Section III, shall be final when the extension expires, if a hearing request has not been received. An answer or a request for hearing shall not stay the immediate effectiveness of this order. For The Nuclear Regulatory Commission, Dated at Rockville, Maryland, this 28th day of January, 2014. Catherine Haney, Director, Office of Nuclear Material Safety and Safeguards. Attachment 1—Additional Security Measures (ASMs) for Physical Protection of Dry Independent Spent Fuel Storage Installations (ISFSIs) Contains Safeguards Information and is not included in the Federal Register notice mstockstill on DSK4VPTVN1PROD with NOTICES Attachment 2—Additional Security Measures for Access Authorization and Fingerprinting at Independent Spent Fuel Storage Installations, Dated June 14, 2013 A. General Basis Criteria 1. These additional security measures (ASMs) are established to delineate an independent spent fuel storage installation (ISFSI) licensee’s responsibility to enhance security measures related to authorization for unescorted access to the protected area of an ISFSI in response to the current threat environment. 2. Licensees whose ISFSI is collocated with a power reactor may choose to comply with the U.S. Nuclear Regulatory Commission (NRC)-approved reactor access authorization program for the associated reactor as an alternative means to satisfy the provisions of sections B through G below. Otherwise, licensees shall comply with the access authorization and fingerprinting VerDate Mar<15>2010 20:14 Feb 03, 2014 Jkt 232001 requirements of section B through G of these ASMs. 3. Licensees shall clearly distinguish in their 20-day response which method they intend to use in order to comply with these ASMs. B. Additional Security Measures for Access Authorization Program 1. The licensee shall develop, implement and maintain a program, or enhance its existing program, designed to ensure that persons granted unescorted access to the protected area of an ISFSI are trustworthy and reliable and do not constitute an unreasonable risk to the public health and safety for the common defense and security, including a potential to commit radiological sabotage. a. To establish trustworthiness and reliability, the licensee shall develop, implement, and maintain procedures for conducting and completing background investigations, prior to granting access. The scope of background investigations must address at least the past 3 years and, as a minimum, must include: i. Fingerprinting and a Federal Bureau of Investigation (FBI) identification and criminal history records check (CHRC). Where an applicant for unescorted access has been previously fingerprinted with a favorably completed CHRC, (such as a CHRC pursuant to compliance with orders for access to safeguards information) the licensee may accept the results of that CHRC, and need not submit another set of fingerprints, provided the CHRC was completed not more than 3 years from the date of the application for unescorted access. ii. Verification of employment with each previous employer for the most recent year from the date of application. iii. Verification of employment with an employer of the longest duration during any calendar month for the remaining next most recent 2 years. iv. A full credit history review. v. An interview with not less than two character references, developed by the investigator. vi. A review of official identification (e.g., driver’s license; passport; government identification; state-, province-, or country-of-birth issued certificate of birth) to allow comparison of personal information data provided by the applicant. The licensee shall maintain a photocopy of the identifying document(s) on file, in accordance with ‘‘Protection of Information,’’ in Section G of these ASMs. vii. Licensees shall confirm eligibility for employment through the regulations of the U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, and shall verify PO 00000 Frm 00125 Fmt 4703 Sfmt 4703 6655 and ensure, to the extent possible, the accuracy of the provided social security number and alien registration number, as applicable. b. The procedures developed or enhanced shall include measures for confirming the term, duration, and character of military service for the past 3 years, and/or academic enrollment and attendance in lieu of employment, for the past 5 years. c. Licensees need not conduct an independent investigation for individuals employed at a facility who possess active ‘‘Q’’ or ‘‘L’’ clearances or possess another active U.S. Government-granted security clearance (i.e., Top Secret, Secret, or Confidential). d. A review of the applicant’s criminal history, obtained from local criminal justice resources, may be included in addition to the FBI CHRC, and is encouraged if the results of the FBI CHRC, employment check, or credit check disclose derogatory information. The scope of the applicant’s local criminal history check shall cover all residences of record for the past 3 years from the date of the application for unescorted access. 2. The licensee shall use any information obtained as part of a CHRC solely for the purpose of determining an individual’s suitability for unescorted access to the protected area of an ISFSI. 3. The licensee shall document the basis for its determination for granting or denying access to the protected area of an ISFSI. 4. The licensee shall develop, implement, and maintain procedures for updating background investigations for persons who are applying for reinstatement of unescorted access. Licensees need not conduct an independent reinvestigation for individuals who possess active ‘‘Q’’ or ‘‘L’’ clearances or possess another active U.S. Government granted security clearance, i.e., Top Secret, Secret or Confidential. 5. The licensee shall develop, implement, and maintain procedures for reinvestigations of persons granted unescorted access, at intervals not to exceed 5 years. Licensees need not conduct an independent reinvestigation for individuals employed at a facility who possess active ‘‘Q’’ or ‘‘L’’ clearances or possess another active U.S. Government granted security clearance, i.e., Top Secret, Secret or Confidential. 6. The licensee shall develop, implement, and maintain procedures designed to ensure that persons who have been denied unescorted access authorization to the facility are not E:\FR\FM\04FEN1.SGM 04FEN1 6656 Federal Register / Vol. 79, No. 23 / Tuesday, February 4, 2014 / Notices allowed access to the facility, even under escort. 7. The licensee shall develop, implement, and maintain an audit program for licensee and contractor/ vendor access authorization programs that evaluate all program elements and include a person knowledgeable and practiced in access authorization program performance objectives to assist in the overall assessment of the site’s program effectiveness. mstockstill on DSK4VPTVN1PROD with NOTICES C. Fingerprinting Program Requirements 1. In a letter to the NRC, the licensee must nominate an individual who will review the results of the FBI CHRCs to make trustworthiness and reliability determinations for unescorted access to an ISFSI. This individual, referred to as the ‘‘reviewing official,’’ must be someone who requires unescorted access to the ISFSI. The NRC will review the CHRC of any individual nominated to perform the reviewing official function. Based on the results of the CHRC, the NRC staff will determine whether this individual may have access. If the NRC determines that the nominee may not be granted such access, that individual will be prohibited from obtaining access.1 Once the NRC approves a reviewing official, the reviewing official is the only individual permitted to make access determinations for other individuals who have been identified by the licensee as having the need for unescorted access to the ISFSI, and have been fingerprinted and have had a CHRC in accordance with these ASMs. The reviewing official can only make access determinations for other individuals, and therefore cannot approve other individuals to act as reviewing officials. Only the NRC can approve a reviewing official. Therefore, if the licensee wishes to have a new or additional reviewing official, the NRC must approve that individual before he or she can act in the capacity of a reviewing official. 2. No person may have access to Safeguards Information (SGI) or unescorted access to any facility subject to NRC regulation, if the NRC has determined, in accordance with its administrative review process based on fingerprinting and an FBI identification and CHRC, that the person may not have access to SGI or unescorted access to any facility subject to NRC regulation. 3. All fingerprints obtained by the licensee under this Order, must be 1 The NRC’s determination of this individual’s unescorted access to the ISFSI, in accordance with the process, is an administrative determination that is outside the scope of the Order. VerDate Mar<15>2010 20:14 Feb 03, 2014 Jkt 232001 submitted to the Commission for transmission to the FBI. 4. The licensee shall notify each affected individual that the fingerprints will be used to conduct a review of his/ her criminal history record and inform the individual of the procedures for revising the record or including an explanation in the record, as specified in the ‘‘Right to Correct and Complete Information,’’ in section F of these ASMs. 5. Fingerprints need not be taken if the employed individual (e.g., a licensee employee, contractor, manufacturer, or supplier) is relieved from the fingerprinting requirement by 10 CFR 73.61, has a favorably adjudicated U.S. Government CHRC within the last 5 years, or has an active Federal security clearance. Written confirmation from the Agency/employer who granted the Federal security clearance or reviewed the CHRC must be provided to the licensee. The licensee must retain this documentation for a period of 3 years from the date the individual no longer requires access to the facility. D. Prohibitions 1. A licensee shall not base a final determination to deny an individual unescorted access to the protected area of an ISFSI solely on the basis of information received from the FBI involving: an arrest more than 1 year old for which there is no information of the disposition of the case, or an arrest that resulted in dismissal of the charge, or an acquittal. 2. A licensee shall not use information received from a CHRC obtained pursuant to this Order in a manner that would infringe upon the rights of any individual under the First Amendment to the Constitution of the United States, nor shall the licensee use the information in any way that would discriminate among individuals on the basis of race, religion, national origin, sex, or age. E. Procedures for Processing Fingerprint Checks 1. For the purpose of complying with this Order, licensees shall, using an appropriate method listed in 10 CFR 73.4, submit to the NRC’s Division of Facilities and Security, Mail Stop T– 03B46M, one completed, legible standard fingerprint card (Form FD–258, ORIMDNRCOOOZ) or, where practicable, other fingerprint records for each individual seeking unescorted access to an ISFSI, to the Director of the Division of Facilities and Security, marked for the attention of the Criminal History Program. Copies of these forms may be obtained by writing the Office of PO 00000 Frm 00126 Fmt 4703 Sfmt 4703 Information Services, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001, by calling 301–415– 5877, or by email to forms@nrc.gov. Practicable alternative formats are set forth in 10 CFR 73.4. The licensee shall establish procedures to ensure that the quality of the fingerprints taken results in minimizing the rejection rate of fingerprint cards because of illegible or incomplete cards. 2. The NRC will review submitted fingerprint cards for completeness. Any Form FD–258 fingerprint record containing omissions or evident errors will be returned to the licensee for corrections. The fee for processing fingerprint checks includes one resubmission if the initial submission is returned by the FBI because the fingerprint impressions cannot be classified. The one free re-submission must have the FBI Transaction Control Number reflected on the re-submission. If additional submissions are necessary, they will be treated as initial submittals and will require a second payment of the processing fee. 3. Fees for processing fingerprint checks are due upon application. The licensee shall submit payment of the processing fees electronically. To be able to submit secure electronic payments, licensees will need to establish an account with Pay.Gov (https://www.pay.gov). To request an account, the licensee shall send an email to det@nrc.gov. The email must include the licensee’s company name, address, point of contact (POC), POC email address, and phone number. The NRC will forward the request to Pay.Gov; who will contact the licensee with a password and user lD. Once the licensee has established an account and submitted payment to Pay.Gov, they shall obtain a receipt. The licensee shall submit the receipt from Pay.Gov to the NRC along with fingerprint cards. For additional guidance on making electronic payments, contact the Facilities Security Branch, Division of Facilities and Security, at 301–415– 7513. Combined payment for multiple applications is acceptable. The application fee (currently $26) is the sum of the user fee charged by the FBI for each fingerprint card or other fingerprint record submitted by the NRC on behalf of a licensee, and an NRC processing fee, which covers administrative costs associated with NRC handling of licensee fingerprint submissions. The Commission will directly notify licensees who are subject to this regulation of any fee changes. 4. The Commission will forward to the submitting licensee all data received from the FBI as a result of the licensee’s E:\FR\FM\04FEN1.SGM 04FEN1 Federal Register / Vol. 79, No. 23 / Tuesday, February 4, 2014 / Notices application(s) for CHRCs, including the FBI fingerprint record. mstockstill on DSK4VPTVN1PROD with NOTICES F. Right to Correct and Complete Information 1. Prior to any final adverse determination, the licensee shall make available to the individual the contents of any criminal history records obtained from the FBI for the purpose of assuring correct and complete information. Written confirmation by the individual of receipt of this notification must be maintained by the licensee for a period of 1 year from the date of notification. 2. If, after reviewing the record, an individual believes that it is incorrect or incomplete in any respect and wishes to change, correct, or update the alleged deficiency, or to explain any matter in the record, the individual may initiate challenge procedures. These procedures include either direct application by the individual challenging the record to the agency (i.e., law enforcement agency) that contributed the questioned information, or direct challenge as to the accuracy or completeness of any entry on the criminal history record to the Assistant Director, Federal Bureau of Investigation Identification Division, Washington, DC 20537–9700 (as set forth in 28 CFR 16.30 through 16.34). In the latter case, the FBI forwards the challenge to the agency that submitted the data and requests that agency to verify or correct the challenged entry. Upon receipt of an official communication directly from the agency that contributed the original information, the FBI Identification Division makes any changes necessary in accordance with the information supplied by that agency. The licensee must provide at least 10 days for an individual to initiate an action challenging the results of a FBI CHRC after the record is made available for his/her review. The licensee may make a final access determination based on the criminal history record only upon receipt of the FBI’s ultimate confirmation or correction of the record. Upon a final adverse determination on access to an ISFSI, the licensee shall provide the individual its documented basis for denial. Access to an ISFSI shall not be granted to an individual during the review process. G. Protection of Information 1. The licensee shall develop, implement, and maintain a system for personnel information management with appropriate procedures for the protection of personal, confidential information. This system shall be designed to prohibit unauthorized access to sensitive information and to VerDate Mar<15>2010 20:14 Feb 03, 2014 Jkt 232001 prohibit modification of the information without authorization. 2. Each licensee who obtains a criminal history record on an individual pursuant to this Order shall establish and maintain a system of files and procedures, for protecting the record and the personal information from unauthorized disclosure. 3. The licensee may not disclose the record or personal information collected and maintained to persons other than the subject individual, his/her representative, or to those who have a need to access the information in performing assigned duties in the process of determining suitability for unescorted access to the protected area of an ISFSI. No individual authorized to have access to the information may redisseminate the information to any other individual who does not have the appropriate need to know. 4. The personal information obtained on an individual from a CHRC may be transferred to another licensee if the gaining licensee receives the individual’s written request to redisseminate the information contained in his/her file, and the gaining licensee verifies information such as the individual’s name, date of birth, social security number, sex, and other applicable physical characteristics for identification purposes. 5. The licensee shall make criminal history records, obtained under this section, available for examination by an authorized representative of the NRC to determine compliance with the regulations and laws. [FR Doc. 2014–02324 Filed 2–3–14; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [NRC–2012–0268] Introduction—Part 2, Standard Review Plan for the Review of Safety Analysis Reports for Nuclear Power Plants: Light-Water Small Modular Reactor Edition Nuclear Regulatory Commission. ACTION: Standard review plan section; issuance. AGENCY: The U.S. Nuclear Regulatory Commission (NRC) is issuing a final revision to the following section of NUREG–0800, ‘‘Standard Review Plan for the Review of Safety Analysis Reports for Nuclear Power Plants: LWR Edition.’’ The final revision is the Standard Review Plan (SRP), ‘‘Introduction—Part 2, Standard Review SUMMARY: PO 00000 Frm 00127 Fmt 4703 Sfmt 4703 6657 Plan for the Review of Safety Analysis Reports for Nuclear Power Plants: LightWater Small Modular Reactor Edition.’’ DATES: The effective date of this SRP update is March 6, 2014. ADDRESSES: Please refer to Docket ID NRC–2012–0268 when contacting the NRC about the availability of information regarding this document. You may access publicly-available information related to this action by the following methods: • Federal Rulemaking Web site: Go to https://www.regulations.gov and search for Docket ID NRC–2012–0268. Address questions about NRC dockets to Carol Gallagher; telephone: 301–287–3422; email: Carol.Gallagher@nrc.gov. For technical questions, contact the individual listed in the FOR FURTHER INFORMATION CONTACT section of this document. • NRC’s Agencywide Documents Access and Management System (ADAMS): You may access publiclyavailable documents online in the NRC Library at https://www.nrc.gov/readingrm/adams.html. To begin the search, select ‘‘ADAMS Public Documents’’ and then select ‘‘Begin Web-based ADAMS Search.’’ For problems with ADAMS, please contact the NRC’s Public Document Room (PDR) reference staff at 1–800–397–4209, 301–415–4737, or by email to pdr.resource@nrc.gov. The final revision for ‘‘Introduction—Part 2, Standard Review Plan for the Review of Safety Analysis Reports for Nuclear Power Plants: Light-Water Small Modular Reactor Edition’’ is available in ADAMS under Accession No. ML13207A315. • NRC’s PDR: You may examine and purchase copies of public documents at the NRC’s PDR, Room O1–F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. • The NRC posts its issued staff guidance on the NRC’s external Web page at https://www.nrc.gov/reading-rm/ doc-collections/nuregs/staff/sr0800/. FOR FURTHER INFORMATION CONTACT: Jonathan DeGange, Office of New Reactors, U.S. Nuclear Regulatory Commission, Washington, DC 20555– 0001; telephone: 301–415–6992 or email: mailto:Jonathan.DeGange@ nrc.gov. SUPPLEMENTARY INFORMATION: I. Background On January 22, 2013 (78 FR 4477), the NRC published for public comment the initial issuance of ‘‘Introduction—Part 2, Standard Review Plan for the Review of Safety Analysis Reports for Nuclear Power Plants: Integral Pressurized Water Reactor (iPWR) Edition.’’ E:\FR\FM\04FEN1.SGM 04FEN1

Agencies

NUCLEAR REGULATORY COMMISSION

[Federal Register Volume 79, Number 23 (Tuesday, February 4, 2014)]
[Notices]
[Pages 6652-6657]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-02324]

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NUCLEAR REGULATORY COMMISSION

[Docket No. 72-1038; EA-13-228; NRC-2014-0017]

In the Matter of South Carolina Electric & Gas Company, Virgil C.
Summer ; Nuclear Station Independent Spent Fuel Storage Installation
Order Modifying License (Effective Immediately)

AGENCY: Nuclear Regulatory Commission.

ACTION: Order; modification.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) has issued a
general license to South Carolina Electric & Gas Company (SCEG),
authorizing the operation of an Independent Spent Fuel Storage
Installation (ISFSI), in accordance with its regulations. This Order is
being issued to SCEG because SCEG has identified near-term plans to
store spent fuel in an ISFSI under the general license provisions of
the NRC's regulations.

ADDRESSES: Please refer to Docket ID NRC-2014-0017 when contacting the
NRC about the availability of information regarding this document. You
may access publicly-available information related to this action by the
following methods:
Federal Rulemaking Web site: Go to https://www.regulations.gov and search for Docket ID NRC-2014-0017. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-287-
3422; email: Carol.Gallagher@nrc.gov. For technical questions, contact
the individual listed in the FOR FURTHER INFORMATION CONTACT section of
this document.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may access publicly available documents online in the NRC
Library at https://www.nrc.gov/reading-rm/adams.html. To begin the
search, select ``ADAMS Public Documents'' and then select ``Begin Web-
based ADAMS Search.'' For problems with ADAMS, please contact the NRC's
Public Document Room (PDR) reference staff at 1-800-397-4209, 301-415-
4737, or by email to pdr.resource@nrc.gov. The ADAMS accession number
for each document referenced in this document (if that document is
available in ADAMS) is provided the first time that a document is
referenced.
NRC's PDR: You may examine and purchase copies of public
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555
Rockville Pike, Rockville, Maryland 20852.

FOR FURTHER INFORMATION CONTACT: L. Raynard Wharton, Office of Nuclear
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001; telephone: 301-287-9196; email:
Raynard.Wharton@nrc.gov.

SUPPLEMENTARY INFORMATION:

I. Introduction

Pursuant to Sec. 2.106 of Title 10 of the Code of the Federal
Regulations (10 CFR), the NRC is providing notice, in the matter of
Virgil C. Summer Nuclear Station Independent Spent Fuel Storage
Installation (ISFSI) Order Modifying License (Effective Immediately).

II. Further Information

The NRC has issued a general license to South Carolina Electric &
Gas Company (SCEG), authorizing the operation of an ISFSI, in
accordance with the Atomic Energy Act of 1954, as amended, and 10 CFR
part 72. This Order is being issued to SCEG because SCEG has identified
near-term plans to store spent fuel in an ISFSI under the general
license provisions of 10 CFR part 72. The Commission's regulations at
10 CFR 72.212(b)(5), 10 CFR 50.54(p)(1), and 10 CFR 73.55(c)(5) require
licensees to maintain safeguards contingency plan procedures to respond
to threats of radiological sabotage and to protect the spent fuel
against the threat of radiological sabotage, in accordance with 10 CFR
part 73, Appendix C. Specific physical security requirements are
contained in 10 CFR 73.51 or 73.55, as applicable.
Inasmuch as an insider has an opportunity equal to, or greater
than, any other person, to commit radiological sabotage, the Commission
has determined these measures to be prudent. Comparable Orders have
been issued to all licensees that currently store spent fuel or have
identified near-term plans to store spent fuel in an ISFSI.

II.

On September 11, 2001, terrorists simultaneously attacked targets
in New York, NY, and near Washington, DC, using large commercial
aircraft as

[[Page 6653]]

weapons. In response to the attacks and intelligence information
subsequently obtained, the Commission issued a number of Safeguards and
Threat Advisories to its licensees to strengthen licensees'
capabilities and readiness to respond to a potential attack on a
nuclear facility. On October 16, 2002, the Commission issued Orders to
the licensees of operating ISFSIs, to place the actions taken in
response to the Advisories into the established regulatory framework
and to implement additional security enhancements that emerged from
NRC's ongoing comprehensive review. The Commission has also
communicated with other Federal, State, and local government agencies
and industry representatives to discuss and evaluate the current threat
environment in order to assess the adequacy of security measures at
licensed facilities. In addition, the Commission has conducted a
comprehensive review of its safeguards and security programs and
requirements.
As a result of its consideration of current safeguards and security
requirements, as well as a review of information provided by the
intelligence community, the Commission has determined that certain
additional security measures (ASMs) are required to address the current
threat environment, in a consistent manner throughout the nuclear ISFSI
community. Therefore, the Commission is imposing requirements, as set
forth in Attachments 1 and 2 of this Order, on all licensees of these
facilities. These requirements, which supplement existing regulatory
requirements, will provide the Commission with reasonable assurance
that the public health and safety, the environment, and common defense
and security continue to be adequately protected in the current threat
environment. These requirements will remain in effect until the
Commission determines otherwise.
The Commission recognizes that licensees may have already initiated
many of the measures set forth in Attachments 1 and 2 to this Order, in
response to previously issued Advisories, or on their own. It also
recognizes that some measures may not be possible or necessary at some
sites, or may need to be tailored to accommodate the specific
circumstances existing at SCEG's facility, to achieve the intended
objectives and avoid any unforeseen effect on the safe storage of spent
fuel.
Although the ASMs implemented by licensees in response to the
Safeguards and Threat Advisories have been sufficient to provide
reasonable assurance of adequate protection of public health and
safety, in light of the continuing threat environment, the Commission
concludes that these actions should be embodied in an Order, consistent
with the established regulatory framework.
To provide assurance that licensees are implementing prudent
measures to achieve a consistent level of protection to address the
current threat environment, licenses issued pursuant to 10 CFR 72.210
shall be modified to include the requirements identified in Attachments
1 and 2 to this Order. In addition, pursuant to 10 CFR 2.202, I find
that, in light of the common defense and security circumstances
described above, the public health, safety, and interest require that
this Order be effective immediately.

III.

Accordingly, pursuant to Sections 53, 103, 104, 147, 149, 161b,
161i, 161o, 182, and 186 of the Atomic Energy Act of 1954, as amended,
and the Commission's regulations in 10 CFR 2.202 and 10 CFR parts 50,
72, and 73, it is hereby ordered, effective immediately, that your
general license is modified as follows:
A. SCEG shall comply with the requirements described in Attachments
1 and 2 to this Order, except to the extent that a more stringent
requirement is set forth in the Virgil C. Summer Nuclear Station's
physical security plan. SCEG shall demonstrate its ability to comply
with the requirements in Attachments 1 and 2 to the Order no later than
365 days from the date of this Order or 90 days before the first day
that spent fuel is initially placed in the ISFSI, whichever is earlier.
SCEG must implement these requirements before initially placing spent
fuel in the ISFSI. Additionally, SCEG must receive written verification
from the NRC that it has adequately demonstrated compliance with these
requirements before initially placing spent fuel in the ISFSI.
B. 1. SCEG shall, within twenty (20) days of the date of this
Order, notify the Commission: (1) if it is unable to comply with any of
the requirements described in Attachments 1 and 2; (2) if compliance
with any of the requirements is unnecessary, in its specific
circumstances; or (3) if implementation of any of the requirements
would cause SCEG to be in violation of the provisions of any Commission
regulation or the facility license. The notification shall provide
SCEG's justification for seeking relief from, or variation of, any
specific requirement.
2. If SCEG considers that implementation of any of the requirements
described in Attachments 1 and 2 to this Order would adversely impact
the safe storage of spent fuel, SCEG must notify the Commission, within
twenty (20) days of this Order, of the adverse safety impact, the basis
for its determination that the requirement has an adverse safety
impact, and either a proposal for achieving the same objectives
specified in Attachments 1 and 2 requirements in question, or a
schedule for modifying the facility, to address the adverse safety
condition. If neither approach is appropriate, SCEG must supplement its
response, to Condition B.1 of this Order, to identify the condition as
a requirement with which it cannot comply, with attendant
justifications, as required under Condition B.1.
C. 1. SCEG shall, within twenty (20) days of this Order, submit to
the Commission, a schedule for achieving compliance with each
requirement described in Attachments 1 and 2.
2. SCEG shall report to the Commission when it has achieved full
compliance with the requirements described in Attachments 1 and 2.
D. All measures implemented or actions taken in response to this
Order shall be maintained until the Commission determines otherwise.
SCEG's response to Conditions B.1, B.2, C.1, and C.2, above, shall
be submitted in accordance with 10 CFR 72.4. In addition, submittals
and documents produced by SCEG as a result of this Order, that contain
Safeguards Information as defined by 10 CFR 73.22, shall be properly
marked and handled, in accordance with 10 CFR 73.21 and 73.22.
The Director, Office of Nuclear Material Safety and Safeguards,
may, in writing, relax or rescind any of the above conditions, for good
cause.

IV.

In accordance with 10 CFR 2.202, SCEG must, and any other person
adversely affected by this Order may, submit an answer to this Order
within 20 days of its publication in the Federal Register. In addition,
SCEG and any other person adversely affected by this Order may request
a hearing on this Order within 20 days of its publication in the
Federal Register. Where good cause is shown, consideration will be
given to extending the time to answer or request a hearing. A request
for extension of time must be made, in writing, to the Director, Office
of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001, and

[[Page 6654]]

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 SCEG relies
and the reasons as to why the Order should not have been issued. If a
person other than SCEG requests a hearing, that person shall set forth
with particularity the manner in which his/her interest is adversely
affected by this Order and shall address the criteria set forth in 10
CFR 2.309(d).
All documents filed in the NRC's adjudicatory proceedings,
including a request for hearing, a petition for leave to intervene, any
motion or other document filed in the proceeding prior to the
submission of a request for hearing or petition to intervene, and
documents filed by interested governmental entities participating under
10 CFR 2.315(c), must be filed in accordance with the NRC E-Filing rule
(72 FR 49139; August 28, 2007). The E-Filing process requires
participants to submit and serve all adjudicatory documents
electronically, 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 the 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 the NRC's ``Guidance for
Electronic Submission,'' which is available on the NRC'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
hearing or petition for leave to intervene. Submissions should be in
Portable Document Format (PDF) in accordance with the 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
documents on those participants separately. Therefore, applicants and
other participants (or their counsel or representative) must apply for
and receive a digital ID certificate before a hearing request/petition
to intervene is filed so that they can obtain access to the document
via the E-Filing system.
A person filing electronically using the agency's adjudicatory E-
Filing system may seek assistance by contacting the NRC Meta System
Help Desk through the ``Contact Us'' link located on the NRC's Web site
at https://www.nrc.gov/site-help/e-submittals.html, by email to
MSHD.Resource@nrc.gov, or by a toll-free call at 1-866-672-7640. The
NRC Meta System Help Desk is available between 8 a.m. and 8 p.m.,
Eastern Time, Monday through Friday, excluding government holidays.
Participants who believe that they have a good cause for not
submitting documents electronically must file an exemption request, in
accordance with 10 CFR 2.302(g), with their initial paper filing
requesting authorization to continue to submit documents in paper
format. Such filings must be submitted by: (1) first class mail
addressed to the Office of the Secretary of the Commission, U.S.
Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention:
Rulemaking and Adjudications Staff; or (2) courier, express mail, or
expedited delivery service to the Office of the Secretary of the
Commission, Sixteenth Floor, One White Flint North, 11555 Rockville
Pike, Rockville, Maryland, 20852, Attention: Rulemaking and
Adjudications Staff. Participants filing a document in this manner are
responsible for serving the document on all other participants. Filing
is considered complete by first-class mail as of the time of deposit in
the mail, or by courier, express mail, or expedited delivery service
upon depositing the document with the provider of the service. A
presiding officer, having granted an exemption request from using E-
Filing, may require a participant or party to use E-Filing if the
presiding officer subsequently determines that the reason for granting
the exemption from use of E-Filing no longer exists.
Documents submitted in adjudicatory proceedings will appear in
NRC's electronic hearing docket which is available to the public at
https://ehd1.nrc.gov/ehd, unless excluded pursuant to an order of the
Commission, or the presiding officer. Participants are requested not to
include personal privacy information, such as social security numbers,
home addresses, or home phone numbers in their filings, unless an NRC
regulation or other law requires submission of such information. With
respect to copyrighted works, except for limited excerpts that serve
the purpose of the adjudicatory filings and would constitute a Fair Use
application, participants are requested not to include copyrighted
materials in their submission.
If a hearing is requested by SCEG 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

[[Page 6655]]

issue to be considered at such hearing shall be whether this Order
should be sustained.
Pursuant to 10 CFR 2.202(c)(2)(i), SCEG may, in addition to
requesting a hearing, at the time the answer is filed or sooner, move
the presiding officer to set aside the immediate effectiveness of the
Order on the grounds that the Order, including the need for immediate
effectiveness, is not based on adequate evidence, but on mere
suspicion, unfounded allegations, or error.
In the absence of any request for hearing, or written approval of
an extension of time in which to request a hearing, the provisions as
specified in Section III shall be final twenty (20) days from the date
this Order is published in the Federal Register, without further Order
or proceedings. If an extension of time for requesting a hearing has
been approved, the provisions as specified in Section III, shall be
final when the extension expires, if a hearing request has not been
received. An answer or a request for hearing shall not stay the
immediate effectiveness of this order.

For The Nuclear Regulatory Commission,
Dated at Rockville, Maryland, this 28th day of January, 2014.
Catherine Haney,
Director, Office of Nuclear Material Safety and Safeguards.

Attachment 1--Additional Security Measures (ASMs) for Physical
Protection of Dry Independent Spent Fuel Storage Installations (ISFSIs)
Contains Safeguards Information and is not included in the Federal
Register notice

Attachment 2--Additional Security Measures for Access Authorization and
Fingerprinting at Independent Spent Fuel Storage Installations, Dated
June 14, 2013

A. General Basis Criteria

1. These additional security measures (ASMs) are established to
delineate an independent spent fuel storage installation (ISFSI)
licensee's responsibility to enhance security measures related to
authorization for unescorted access to the protected area of an ISFSI
in response to the current threat environment.
2. Licensees whose ISFSI is collocated with a power reactor may
choose to comply with the U.S. Nuclear Regulatory Commission (NRC)-
approved reactor access authorization program for the associated
reactor as an alternative means to satisfy the provisions of sections B
through G below. Otherwise, licensees shall comply with the access
authorization and fingerprinting requirements of section B through G of
these ASMs.
3. Licensees shall clearly distinguish in their 20-day response
which method they intend to use in order to comply with these ASMs.

B. Additional Security Measures for Access Authorization Program

1. The licensee shall develop, implement and maintain a program, or
enhance its existing program, designed to ensure that persons granted
unescorted access to the protected area of an ISFSI are trustworthy and
reliable and do not constitute an unreasonable risk to the public
health and safety for the common defense and security, including a
potential to commit radiological sabotage.
a. To establish trustworthiness and reliability, the licensee shall
develop, implement, and maintain procedures for conducting and
completing background investigations, prior to granting access. The
scope of background investigations must address at least the past 3
years and, as a minimum, must include:
i. Fingerprinting and a Federal Bureau of Investigation (FBI)
identification and criminal history records check (CHRC). Where an
applicant for unescorted access has been previously fingerprinted with
a favorably completed CHRC, (such as a CHRC pursuant to compliance with
orders for access to safeguards information) the licensee may accept
the results of that CHRC, and need not submit another set of
fingerprints, provided the CHRC was completed not more than 3 years
from the date of the application for unescorted access.
ii. Verification of employment with each previous employer for the
most recent year from the date of application.
iii. Verification of employment with an employer of the longest
duration during any calendar month for the remaining next most recent 2
years.
iv. A full credit history review.
v. An interview with not less than two character references,
developed by the investigator.
vi. A review of official identification (e.g., driver's license;
passport; government identification; state-, province-, or country-of-
birth issued certificate of birth) to allow comparison of personal
information data provided by the applicant. The licensee shall maintain
a photocopy of the identifying document(s) on file, in accordance with
``Protection of Information,'' in Section G of these ASMs.
vii. Licensees shall confirm eligibility for employment through the
regulations of the U.S. Department of Homeland Security, U.S.
Citizenship and Immigration Services, and shall verify and ensure, to
the extent possible, the accuracy of the provided social security
number and alien registration number, as applicable.
b. The procedures developed or enhanced shall include measures for
confirming the term, duration, and character of military service for
the past 3 years, and/or academic enrollment and attendance in lieu of
employment, for the past 5 years.
c. Licensees need not conduct an independent investigation for
individuals employed at a facility who possess active ``Q'' or ``L''
clearances or possess another active U.S. Government-granted security
clearance (i.e., Top Secret, Secret, or Confidential).
d. A review of the applicant's criminal history, obtained from
local criminal justice resources, may be included in addition to the
FBI CHRC, and is encouraged if the results of the FBI CHRC, employment
check, or credit check disclose derogatory information. The scope of
the applicant's local criminal history check shall cover all residences
of record for the past 3 years from the date of the application for
unescorted access.
2. The licensee shall use any information obtained as part of a
CHRC solely for the purpose of determining an individual's suitability
for unescorted access to the protected area of an ISFSI.
3. The licensee shall document the basis for its determination for
granting or denying access to the protected area of an ISFSI.
4. The licensee shall develop, implement, and maintain procedures
for updating background investigations for persons who are applying for
reinstatement of unescorted access. Licensees need not conduct an
independent reinvestigation for individuals who possess active ``Q'' or
``L'' clearances or possess another active U.S. Government granted
security clearance, i.e., Top Secret, Secret or Confidential.
5. The licensee shall develop, implement, and maintain procedures
for reinvestigations of persons granted unescorted access, at intervals
not to exceed 5 years. Licensees need not conduct an independent
reinvestigation for individuals employed at a facility who possess
active ``Q'' or ``L'' clearances or possess another active U.S.
Government granted security clearance, i.e., Top Secret, Secret or
Confidential.
6. The licensee shall develop, implement, and maintain procedures
designed to ensure that persons who have been denied unescorted access
authorization to the facility are not

[[Page 6656]]

allowed access to the facility, even under escort.
7. The licensee shall develop, implement, and maintain an audit
program for licensee and contractor/vendor access authorization
programs that evaluate all program elements and include a person
knowledgeable and practiced in access authorization program performance
objectives to assist in the overall assessment of the site's program
effectiveness.

C. Fingerprinting Program Requirements

1. In a letter to the NRC, the licensee must nominate an individual
who will review the results of the FBI CHRCs to make trustworthiness
and reliability determinations for unescorted access to an ISFSI. This
individual, referred to as the ``reviewing official,'' must be someone
who requires unescorted access to the ISFSI. The NRC will review the
CHRC of any individual nominated to perform the reviewing official
function. Based on the results of the CHRC, the NRC staff will
determine whether this individual may have access. If the NRC
determines that the nominee may not be granted such access, that
individual will be prohibited from obtaining access.\1\ Once the NRC
approves a reviewing official, the reviewing official is the only
individual permitted to make access determinations for other
individuals who have been identified by the licensee as having the need
for unescorted access to the ISFSI, and have been fingerprinted and
have had a CHRC in accordance with these ASMs. The reviewing official
can only make access determinations for other individuals, and
therefore cannot approve other individuals to act as reviewing
officials. Only the NRC can approve a reviewing official. Therefore, if
the licensee wishes to have a new or additional reviewing official, the
NRC must approve that individual before he or she can act in the
capacity of a reviewing official.
---------------------------------------------------------------------------

\1\ The NRC's determination of this individual's unescorted
access to the ISFSI, in accordance with the process, is an
administrative determination that is outside the scope of the Order.
---------------------------------------------------------------------------

2. No person may have access to Safeguards Information (SGI) or
unescorted access to any facility subject to NRC regulation, if the NRC
has determined, in accordance with its administrative review process
based on fingerprinting and an FBI identification and CHRC, that the
person may not have access to SGI or unescorted access to any facility
subject to NRC regulation.
3. All fingerprints obtained by the licensee under this Order, must
be submitted to the Commission for transmission to the FBI.
4. The licensee shall notify each affected individual that the
fingerprints will be used to conduct a review of his/her criminal
history record and inform the individual of the procedures for revising
the record or including an explanation in the record, as specified in
the ``Right to Correct and Complete Information,'' in section F of
these ASMs.
5. Fingerprints need not be taken if the employed individual (e.g.,
a licensee employee, contractor, manufacturer, or supplier) is relieved
from the fingerprinting requirement by 10 CFR 73.61, has a favorably
adjudicated U.S. Government CHRC within the last 5 years, or has an
active Federal security clearance. Written confirmation from the
Agency/employer who granted the Federal security clearance or reviewed
the CHRC must be provided to the licensee. The licensee must retain
this documentation for a period of 3 years from the date the individual
no longer requires access to the facility.

D. Prohibitions

1. A licensee shall not base a final determination to deny an
individual unescorted access to the protected area of an ISFSI solely
on the basis of information received from the FBI involving: an arrest
more than 1 year old for which there is no information of the
disposition of the case, or an arrest that resulted in dismissal of the
charge, or an acquittal.
2. A licensee shall not use information received from a CHRC
obtained pursuant to this Order in a manner that would infringe upon
the rights of any individual under the First Amendment to the
Constitution of the United States, nor shall the licensee use the
information in any way that would discriminate among individuals on the
basis of race, religion, national origin, sex, or age.

E. Procedures for Processing Fingerprint Checks

1. For the purpose of complying with this Order, licensees shall,
using an appropriate method listed in 10 CFR 73.4, submit to the NRC's
Division of Facilities and Security, Mail Stop T-03B46M, one completed,
legible standard fingerprint card (Form FD-258, ORIMDNRCOOOZ) or, where
practicable, other fingerprint records for each individual seeking
unescorted access to an ISFSI, to the Director of the Division of
Facilities and Security, marked for the attention of the Criminal
History Program. Copies of these forms may be obtained by writing the
Office of Information Services, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001, by calling 301-415-5877, or by email to
forms@nrc.gov. Practicable alternative formats are set forth in 10 CFR
73.4. The licensee shall establish procedures to ensure that the
quality of the fingerprints taken results in minimizing the rejection
rate of fingerprint cards because of illegible or incomplete cards.
2. The NRC will review submitted fingerprint cards for
completeness. Any Form FD-258 fingerprint record containing omissions
or evident errors will be returned to the licensee for corrections. The
fee for processing fingerprint checks includes one re-submission if the
initial submission is returned by the FBI because the fingerprint
impressions cannot be classified. The one free re-submission must have
the FBI Transaction Control Number reflected on the re-submission. If
additional submissions are necessary, they will be treated as initial
submittals and will require a second payment of the processing fee.
3. Fees for processing fingerprint checks are due upon application.
The licensee shall submit payment of the processing fees
electronically. To be able to submit secure electronic payments,
licensees will need to establish an account with Pay.Gov (https://www.pay.gov). To request an account, the licensee shall send an email
to det@nrc.gov. The email must include the licensee's company name,
address, point of contact (POC), POC email address, and phone number.
The NRC will forward the request to Pay.Gov; who will contact the
licensee with a password and user lD. Once the licensee has established
an account and submitted payment to Pay.Gov, they shall obtain a
receipt. The licensee shall submit the receipt from Pay.Gov to the NRC
along with fingerprint cards. For additional guidance on making
electronic payments, contact the Facilities Security Branch, Division
of Facilities and Security, at 301-415-7513. Combined payment for
multiple applications is acceptable. The application fee (currently
$26) is the sum of the user fee charged by the FBI for each fingerprint
card or other fingerprint record submitted by the NRC on behalf of a
licensee, and an NRC processing fee, which covers administrative costs
associated with NRC handling of licensee fingerprint submissions. The
Commission will directly notify licensees who are subject to this
regulation of any fee changes.
4. The Commission will forward to the submitting licensee all data
received from the FBI as a result of the licensee's

[[Page 6657]]

application(s) for CHRCs, including the FBI fingerprint record.

F. Right to Correct and Complete Information

1. Prior to any final adverse determination, the licensee shall
make available to the individual the contents of any criminal history
records obtained from the FBI for the purpose of assuring correct and
complete information. Written confirmation by the individual of receipt
of this notification must be maintained by the licensee for a period of
1 year from the date of notification.
2. If, after reviewing the record, an individual believes that it
is incorrect or incomplete in any respect and wishes to change,
correct, or update the alleged deficiency, or to explain any matter in
the record, the individual may initiate challenge procedures. These
procedures include either direct application by the individual
challenging the record to the agency (i.e., law enforcement agency)
that contributed the questioned information, or direct challenge as to
the accuracy or completeness of any entry on the criminal history
record to the Assistant Director, Federal Bureau of Investigation
Identification Division, Washington, DC 20537-9700 (as set forth in 28
CFR 16.30 through 16.34). In the latter case, the FBI forwards the
challenge to the agency that submitted the data and requests that
agency to verify or correct the challenged entry. Upon receipt of an
official communication directly from the agency that contributed the
original information, the FBI Identification Division makes any changes
necessary in accordance with the information supplied by that agency.
The licensee must provide at least 10 days for an individual to
initiate an action challenging the results of a FBI CHRC after the
record is made available for his/her review. The licensee may make a
final access determination based on the criminal history record only
upon receipt of the FBI's ultimate confirmation or correction of the
record. Upon a final adverse determination on access to an ISFSI, the
licensee shall provide the individual its documented basis for denial.
Access to an ISFSI shall not be granted to an individual during the
review process.

G. Protection of Information

1. The licensee shall develop, implement, and maintain a system for
personnel information management with appropriate procedures for the
protection of personal, confidential information. This system shall be
designed to prohibit unauthorized access to sensitive information and
to prohibit modification of the information without authorization.
2. Each licensee who obtains a criminal history record on an
individual pursuant to this Order shall establish and maintain a system
of files and procedures, for protecting the record and the personal
information from unauthorized disclosure.
3. The licensee may not disclose the record or personal information
collected and maintained to persons other than the subject individual,
his/her representative, or to those who have a need to access the
information in performing assigned duties in the process of determining
suitability for unescorted access to the protected area of an ISFSI. No
individual authorized to have access to the information may re-
disseminate the information to any other individual who does not have
the appropriate need to know.
4. The personal information obtained on an individual from a CHRC
may be transferred to another licensee if the gaining licensee receives
the individual's written request to re-disseminate the information
contained in his/her file, and the gaining licensee verifies
information such as the individual's name, date of birth, social
security number, sex, and other applicable physical characteristics for
identification purposes.
5. The licensee shall make criminal history records, obtained under
this section, available for examination by an authorized representative
of the NRC to determine compliance with the regulations and laws.
[FR Doc. 2014-02324 Filed 2-3-14; 8:45 am]
BILLING CODE 7590-01-P

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