In the Matter of Wolf Creek Nuclear Operating Corporation; Wolf Creek Generating Station; Independent Spent Fuel Storage Installation, 45702-45708 [2020-16370]

Download as PDF 45702 Federal Register / Vol. 85, No. 146 / Wednesday, July 29, 2020 / Notices in the ADDRESSES section. Comments must be written to receive consideration, and they will be summarized and included in the request for OMB approval of the final ICR. In order to help ensure appropriate consideration, comments should mention OMB 1205–0NEW. Submitted comments will also be a matter of public record for this ICR and posted on the internet, without redaction. DOL encourages commenters not to include personally identifiable information, confidential business data, or other sensitive statements/ information in any comments. DOL is particularly interested in comments that: • Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; • Evaluate the accuracy of the agency’s estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; • Enhance the quality, utility, and clarity of the information to be collected; and • Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, (e.g., permitting electronic submission of responses). Agency: DOL–VETS. Type of Review: NEW. Title of Collection: Employment Navigator Data Collection and Matching. Forms: Employment Navigator Intake (VETS–NEW1); Employment Navigator Partner Intake (VETS–NEW2); Employment Navigator Partner Validation Input (VETS–NEW3). OMB Control Number: 1205–0NEW. Affected Public: Individuals or Households. Estimated Number of Respondents: 22,550. Frequency: Annually. Total Estimated Annual Responses: 22,550. Estimated Average Time per Response: Varies. Estimated Total Annual Burden Hours: 6,885 hours. Total Estimated Annual Other Cost Burden: $204,425.25. John Lowry, Assistant Secretary for Veterans’ Employment and Training Service. [FR Doc. 2020–16378 Filed 7–28–20; 8:45 am] BILLING CODE 4510–79–P VerDate Sep<11>2014 17:23 Jul 28, 2020 Jkt 250001 LEGAL SERVICES CORPORATION Assessing the Goals in the Strategic Plan 2017–2020; Request for Comments Legal Services Corporation. Request for comments. AGENCY: ACTION: The Legal Services Corporation (‘‘LSC’’) Board of Directors (‘‘Board’’) is in the process of updating LSC’s strategic plan for the years 2021– 2024. The LSC Board is soliciting comments on the current LSC Strategic Plan 2017–2020 and whether the current goals and initiatives remain suitable and timely and if new goals or initiatives should be implemented. DATES: All comments and recommendations must be received on or before the close of business on August 28, 2020. ADDRESSES: You may submit comments by email to LSCStrategicPlan@lsc.gov; cc: Helen Guyton, Assistant General Counsel, guytonh@lsc.gov. Instructions: All comments should be addressed to Rebecca Fertig Cohen, Chief of Staff, Legal Services Corporation. Include ‘‘Assessing Strategic Plan Goals 2017–2020’’ as the heading or subject line for all comments submitted. FOR FURTHER INFORMATION CONTACT: Rebecca Fertig Cohen, cohenr@lsc.gov, (202) 295–1576. SUPPLEMENTARY INFORMATION: Created and funded by Congress, LSC’s fundamental mission is to pursue equal access to our justice system and serve as the single largest funder of civil legal aid programs in the country. With this mission in mind, the LSC Board adopted a plan in 2012 setting forth the strategic goals that would guide LSC for five years, ending in 2016 (‘‘Initial Strategic Plan’’). The LSC Board updated the Initial Strategic Plan for an additional four-year period covering 2017–2020 (‘‘LSC Strategic Plan 2017– 2020’’). The LSC Board is now in the process of updating and revising the strategic plan for an additional four-year period from 2021–2024. As part of this process, the LSC Board is seeking input from the public and interested stakeholders on whether the goals articulated in the current LSC Strategic Plan 2017–2020, which is available at https://www.lsc.gov/about-lsc/who-weare/strategic-plan, are still suitable and timely and whether new goals, if any, should be considered. A summary of the goals follows. The first and primary goal listed in the LSC Strategic Plan 2017–2020 is to maximize the availability, quality, and SUMMARY: PO 00000 Frm 00129 Fmt 4703 Sfmt 4703 effectiveness of the civil legal services that LSC’s grantees provide to eligible low-income individuals. LSC identifies three avenues through which it can best accomplish this goal: (1) Continue the identification, validation, and sharing of best practices to ensure grantees are most effectively meeting the civil legal needs of low-income Americans; (2) continue the development and implementation of meaningful performance standards and metrics to ensure assessment of grantees in as fair, objective, and effective a way as possible while supporting the best possible performance of all grantees; and (3) provide legal practice and operational support to grantees to further improve the quality of civil legal services to low-income Americans and assess and prioritize actions to ensure grantees have the training and technical assistance required to support grantees effectively. The second goal listed in the LSC Strategic Plan 2017–2020 is to expand the role of LSC as a convener and leading voice for civil legal services for eligible persons living in poverty in the United States. The third and final goal listed in the LSC Strategic Plan 2017–2020 is to continue to achieve the highest standards of fiscal responsibility both for itself and its grantees. As a steward of congressional funds collected from the American taxpayer, LSC has a duty to prudently use the resources allocated to it. LSC’s goal is to comply with the parameters expressed by Congress and conform to the highest professional standards of fiscal transparency and accountability, both within the Corporation and in its fiscal oversight of those who receive funds from LSC. Dated: July 23, 2020. Stefanie Davis, Senior Assistant General Counsel. [FR Doc. 2020–16360 Filed 7–28–20; 8:45 am] BILLING CODE 7050–01–P NUCLEAR REGULATORY COMMISSION [Docket No. 72–79; NRC–2020–0172] In the Matter of Wolf Creek Nuclear Operating Corporation; Wolf Creek Generating Station; Independent Spent Fuel Storage Installation Nuclear Regulatory Commission. ACTION: Order; modification. AGENCY: The U.S. Nuclear Regulatory Commission (NRC) has issued a general license to the Wolf Creek Nuclear SUMMARY: E:\FR\FM\29JYN1.SGM 29JYN1 Federal Register / Vol. 85, No. 146 / Wednesday, July 29, 2020 / Notices Operating Corporation (Wolf Creek), authorizing the operation of the Wolf Creek Generating Station Independent Spent Fuel Storage Installation (ISFSI), in accordance with its regulations. The Order is being issued to Wolf Creek to impose additional security requirements because Wolf Creek has identified near term plans to store spent fuel in an ISFSI under the general license provisions of the NRC’s regulations. The Order was issued July 22, 2020 and became effective immediately. For the Nuclear Regulatory Commission. John W. Lubinski, Director, Office of Nuclear Material Safety and Safeguards. This Order became effective on July 22, 2020. Pursuant to § 2.106 of title 10 of the Code of Federal Regulations (10 CFR), the NRC (or the Commission) is providing notice, in the matter of Wolf Creek Nuclear Operating Corporation’s Independent Spent Fuel Storage Installation (ISFSI) Order Modifying License (Effective Immediately). The text of the Order (not including Attachment 1, which contain Safeguards Information) is as follows. DATES: Please refer to Docket ID NRC–2020–0172 or NRC Docket No. 72– 0079 when contacting the NRC about the availability of information regarding this document. You may obtain publicly-available information related to this document using any of the following methods: • Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC–2020–0172. Address questions about NRC docket IDs in Regulations.gov to Jennifer Borges; telephone: 301–287–9127; email: Jennifer.Borges@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 obtain publiclyavailable documents online in the ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/ adams.html. To begin the search, select ‘‘Begin Web-based ADAMS Search.’’ For problems with ADAMS, please contact the NRC’s Public Document Room reference staff at 1–800–397–4209, 301– 415–4737, or by email to pdr.resource@ nrc.gov. ADDRESSES: FOR FURTHER INFORMATION CONTACT: Tomeka Terry, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Rockville, MD 20852; telephone: 301– 415–1488; email: Tomeka.Terry@ nrc.gov. SUPPLEMENTARY INFORMATION: The text of the Order is attached. 17:23 Jul 28, 2020 In the Matter of Wolf Creek Nuclear Operating Corporation; Wolf Creek Generating Station; Independent Spent Fuel Storage Installation; Order Modifying License (Effective Immediately) I II The NRC has issued a general license to Wolf Creek Nuclear Operating Corporation, (Wolf Creek), 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 Wolf Creek because WOLF CREEK 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. III On September 11, 2001, terrorists simultaneously attacked targets in New York, NY, and near Washington, DC, using large commercial aircraft as weapons. In response to the attacks and intelligence information subsequently obtained, the Commission issued a Dated: July 23, 2020. VerDate Sep<11>2014 Attachment—Order Jkt 250001 PO 00000 Frm 00130 Fmt 4703 Sfmt 4703 45703 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, and the environment, continue to be adequately protected, and that the 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 Wolf Creek’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 promote the common defense and security and to provide E:\FR\FM\29JYN1.SGM 29JYN1 45704 Federal Register / Vol. 85, No. 146 / Wednesday, July 29, 2020 / Notices 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 Wolf Creek is implementing prudent measures to achieve a consistent level of protection to address the current threat environment, Wolf Creek’s general license 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. IV 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 NRC’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. Wolf Creek 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 Wolf Creek Generating Station’s physical security plan. Wolf Creek 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. Wolf Creek must implement these requirements before initially placing spent fuel in the ISFSI. Additionally, Wolf Creek must receive written verification from the NRC (Office of Nuclear Material Safety and Safeguards) that it has adequately demonstrated compliance with these requirements before initially placing spent fuel in the ISFSI. B. 1. Wolf Creek 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 Wolf Creek to be in violation of the provisions of any Commission regulation or the facility license. The notification shall provide Wolf Creek’s justification for seeking VerDate Sep<11>2014 17:23 Jul 28, 2020 Jkt 250001 relief from, or variation of, any specific requirement. 2. If Wolf Creek 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, Wolf Creek 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, Wolf Creek 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. Wolf Creek 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. Wolf Creek 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. Wolf Creek’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 Wolf Creek 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. V In accordance with 10 CFR 2.202, Wolf Creek 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, Wolf Creek 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, PO 00000 Frm 00131 Fmt 4703 Sfmt 4703 U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001, and include a statement of good cause for the extension. The answer may consent to this Order. If the answer includes a request for a hearing, it shall, under oath or affirmation, specifically set forth the matters of fact and law on which Wolf Creek relies and the reasons as to why the Order should not have been issued. If a person other than Wolf Creek 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) and (f). All documents filed in NRC adjudicatory proceedings, including a request for hearing and petition for leave to intervene (petition), 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, as amended at 77 FR 46562; August 3, 2012). 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. Detailed guidance on making electronic submissions may be found in the Guidance for Electronic Submissions to the NRC and on the NRC website at https://www.nrc.gov/site-help/esubmittals.html. Participants may not submit paper copies of their filings unless they seek an exemption in accordance with the procedures described below. To comply with the procedural requirements of E-Filing, at least ten 10 days prior to the filing deadline, the participant should contact the Office of the Secretary by email at hearing.docket@nrc.gov, or by telephone at 301–415–1677, to (1) request 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 E:\FR\FM\29JYN1.SGM 29JYN1 Federal Register / Vol. 85, No. 146 / Wednesday, July 29, 2020 / Notices Secretary has not already established an electronic docket. Information about applying for a digital ID certificate is available on NRC’s public website at https:// www.nrc.gov/site-help/e-submittals/ getting-started.html. Once a participant has obtained a digital ID certificate and a docket has been created, the participant can then submit adjudicatory documents. Submissions must be in Portable Document Format (PDF). Additional guidance on PDF submission is available on the NRC’s public website at https://www.nrc.gov/ site-help/e-submittals.html. A filing is considered complete at the time the documents are submitted through the NRC’s E-Filing system. To be timely, an electronic filing must be submitted to the E-Filing system no later than 11:59 p.m. eastern time on the due date. Upon receipt of a transmission, the E-Filing system time-stamps the document and sends the submitter an email notice confirming receipt of the document. The E-Filing system also distributes an email notice that provides access to the document to the NRC Office of the General Counsel and any others who have advised the Office of the Secretary that they wish to participate in the proceeding, so that the filer need not serve the 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 adjudicatory documents are filed so that they can obtain access to the document via the EFiling system. A person filing electronically using the agency’s adjudicatory E-Filing system may seek assistance by contacting the NRC Electronic Filing Help Desk through the ‘‘Contact Us’’ link located on the NRC website 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 Electronic Filing Help Desk is available between 9 a.m. and 6 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 VerDate Sep<11>2014 17:23 Jul 28, 2020 Jkt 250001 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:// adams.nrc.gov/ehd, unless excluded pursuant to an order of the Commission, or the presiding officer. If you do not have an NRC-issued digital ID certificate as described above, click ‘‘cancel’’ when the link requests certificates and you will be automatically directed to the NRC’s electronic hearing dockets where you will be able to access any publicly available documents in a particular hearing docket. Participants are requested not to include personal privacy information, such as social security numbers, home addresses, or personal phone numbers in their filings, unless an NRC regulation or other law requires submission of such information. For example, in some instances, individuals provide home addresses in order to demonstrate proximity to a facility or site. 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 Wolf Creek or a person whose interest is adversely affected, the Commission will issue an Order designating the time and place of any hearing. If a hearing is held, the issue to be considered at such hearing shall be whether this Order should be sustained. Pursuant to 10 CFR 2.202(c)(2)(i), Wolf Creek 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 PO 00000 Frm 00132 Fmt 4703 Sfmt 4703 45705 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 of this Order, 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. THIS ORDER. Dated: July 22, 2020. For the Nuclear Regulatory Commission. John W. Lubinski, 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 this Federal Register Notice. Attachment 2—Additional Security Measures for Access Authorization and Fingerprinting at Independent Spent Fuel Storage Installations, dated July 2, 2020. 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. E:\FR\FM\29JYN1.SGM 29JYN1 45706 Federal Register / Vol. 85, No. 146 / Wednesday, July 29, 2020 / Notices 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 three 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 three 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 two 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 VerDate Sep<11>2014 17:23 Jul 28, 2020 Jkt 250001 confirming the term, duration, and character of military service for the past three years, and/or academic enrollment and attendance in lieu of employment, for the past five 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 three 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 five 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 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 PO 00000 Frm 00133 Fmt 4703 Sfmt 4703 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. 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 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. E:\FR\FM\29JYN1.SGM 29JYN1 Federal Register / Vol. 85, No. 146 / Wednesday, July 29, 2020 / Notices 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 five (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 three 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 one (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 Physical and Cyber Security Policy, Mail Stop T–08B20M, 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 Physical and Cyber Security Policy, marked for the attention of the Criminal History Check Section. Copies of these forms may be obtained by writing the Office of Information Services, U.S. Nuclear Regulatory Commission, Washington, DC 20555– 0001, or by email to mailsvc.resource@ nrc.gov. Practicable alternative formats are set forth in 10 CFR 73.4. The VerDate Sep<11>2014 17:23 Jul 28, 2020 Jkt 250001 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 paygo@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 Reactor Security Branch, Division of Physical and Cyber Security Policy, at (301) 415– 7513. Combined payment for multiple applications is acceptable. The application fee (currently $10) 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 application(s) for CHRCs, including the FBI fingerprint record. PO 00000 Frm 00134 Fmt 4703 Sfmt 4703 45707 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 one (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 E:\FR\FM\29JYN1.SGM 29JYN1 45708 Federal Register / Vol. 85, No. 146 / Wednesday, July 29, 2020 / Notices 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. 2020–16370 Filed 7–28–20; 8:45 am] BILLING CODE 7590–01–P POSTAL REGULATORY COMMISSION [Docket Nos. MC2020–203 and CP2020–230] New Postal Product Postal Regulatory Commission. Notice. AGENCY: ACTION: The Commission is noticing a recent Postal Service filing for the Commission’s consideration concerning a negotiated service agreement. This notice informs the public of the filing, invites public comment, and takes other administrative steps. DATES: Comments are due: July 31, 2020. ADDRESSES: Submit comments electronically via the Commission’s Filing Online system at https:// www.prc.gov. Those who cannot submit comments electronically should contact the person identified in the FOR FURTHER SUMMARY: VerDate Sep<11>2014 17:23 Jul 28, 2020 Jkt 250001 section by telephone for advice on filing alternatives. INFORMATION CONTACT FOR FURTHER INFORMATION CONTACT: David A. Trissell, General Counsel, at 202–789–6820. SUPPLEMENTARY INFORMATION: Table of Contents I. Introduction II. Docketed Proceeding(s) I. Introduction The Commission gives notice that the Postal Service filed request(s) for the Commission to consider matters related to negotiated service agreement(s). The request(s) may propose the addition or removal of a negotiated service agreement from the market dominant or the competitive product list, or the modification of an existing product currently appearing on the market dominant or the competitive product list. Section II identifies the docket number(s) associated with each Postal Service request, the title of each Postal Service request, the request’s acceptance date, and the authority cited by the Postal Service for each request. For each request, the Commission appoints an officer of the Commission to represent the interests of the general public in the proceeding, pursuant to 39 U.S.C. 505 (Public Representative). Section II also establishes comment deadline(s) pertaining to each request. The public portions of the Postal Service’s request(s) can be accessed via the Commission’s website (https:// www.prc.gov). Non-public portions of the Postal Service’s request(s), if any, can be accessed through compliance with the requirements of 39 CFR 3011.301.1 The Commission invites comments on whether the Postal Service’s request(s) in the captioned docket(s) are consistent with the policies of title 39. For request(s) that the Postal Service states concern market dominant product(s), applicable statutory and regulatory requirements include 39 U.S.C. 3622, 39 U.S.C. 3642, 39 CFR part 3030, and 39 CFR part 3040, subpart B. For request(s) that the Postal Service states concern competitive product(s), applicable statutory and regulatory requirements include 39 U.S.C. 3632, 39 U.S.C. 3633, 39 U.S.C. 3642, 39 CFR part 3035, and 39 CFR part 3040, subpart B. Comment deadline(s) for each request appear in section II. 1 See Docket No. RM2018–3, Order Adopting Final Rules Relating to Non-Public Information, June 27, 2018, Attachment A at 19–22 (Order No. 4679). PO 00000 Frm 00135 Fmt 4703 Sfmt 4703 II. Docketed Proceeding(s) 1. Docket No(s).: MC2020–203 and CP2020–230; Filing Title: USPS Request to Add Priority Mail Express International, Priority Mail International, First-Class Package International Service & Commercial ePacket Contract 7 to Competitive Product List and Notice of Filing Materials Under Seal; Filing Acceptance Date: July 23, 2020; Filing Authority: 39 U.S.C. 3642, 39 CFR 3040.130 through 3040.135, and 39 CFR 3035.105; Public Representative: Gregory Stanton; Comments Due: July 31, 2020. This Notice will be published in the Federal Register. Erica A. Barker, Secretary. [FR Doc. 2020–16407 Filed 7–28–20; 8:45 am] BILLING CODE 7710–FW–P POSTAL SERVICE Board of Governors; Sunshine Act Meetings Thursday, August 6, 2020, at 11:00 a.m.; and Friday, August 7, 2020, at 9:00 a.m. PLACE: Washington, DC, at U.S. Postal Service Headquarters, 475 L’Enfant Plaza SW, in the Benjamin Franklin Room. STATUS: Thursday, August 6, 2020, at 11:00 a.m.—Closed; Friday, August 7, 2020, at 9:00 a.m.—Open. MATTERS TO BE CONSIDERED: TIME AND DATE: Thursday, August 6, 2020, at 11:00 a.m. (Closed) 1. Strategic Issues. 2. Financial and Operational Matters. 3. Compensation and Personnel Matters. 4. Administrative Items. Friday, August 7, 2020, at 9:00 a.m. (Open) 1. Remarks of the Chairman of the Board of Governors. 2. Remarks of the Postmaster General and CEO. 3. Approval of Minutes of Previous Meetings. 4. Committee Reports. 5. Quarterly Financial Report. 6. Quarterly Service Performance Report. 7. Approval of Tentative Agenda for November Meetings. CONTACT PERSON FOR MORE INFORMATION: Katherine Sigler, acting Secretary of the Board, U.S. Postal Service, 475 L’Enfant E:\FR\FM\29JYN1.SGM 29JYN1

Agencies

[Federal Register Volume 85, Number 146 (Wednesday, July 29, 2020)]
[Notices]
[Pages 45702-45708]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-16370]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 72-79; NRC-2020-0172]


In the Matter of Wolf Creek Nuclear Operating Corporation; Wolf 
Creek Generating Station; Independent Spent Fuel Storage Installation

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 the Wolf Creek Nuclear

[[Page 45703]]

Operating Corporation (Wolf Creek), authorizing the operation of the 
Wolf Creek Generating Station Independent Spent Fuel Storage 
Installation (ISFSI), in accordance with its regulations. The Order is 
being issued to Wolf Creek to impose additional security requirements 
because Wolf Creek has identified near term plans to store spent fuel 
in an ISFSI under the general license provisions of the NRC's 
regulations. The Order was issued July 22, 2020 and became effective 
immediately.

DATES: This Order became effective on July 22, 2020.

ADDRESSES: Please refer to Docket ID NRC-2020-0172 or NRC Docket No. 
72-0079 when contacting the NRC about the availability of information 
regarding this document. You may obtain publicly-available information 
related to this document using any of the following methods:
     Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2020-0172. Address 
questions about NRC docket IDs in Regulations.gov to Jennifer Borges; 
telephone: 301-287-9127; email: [email protected]. 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 obtain publicly-available documents online in the 
ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``Begin Web-based ADAMS 
Search.'' For problems with ADAMS, please contact the NRC's Public 
Document Room reference staff at 1-800-397-4209, 301-415-4737, or by 
email to [email protected].

FOR FURTHER INFORMATION CONTACT: Tomeka Terry, Office of Nuclear 
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, 
Rockville, MD 20852; telephone: 301-415-1488; email: 
[email protected].

SUPPLEMENTARY INFORMATION: The text of the Order is attached.

    Dated: July 23, 2020.

    For the Nuclear Regulatory Commission.
John W. Lubinski,
Director, Office of Nuclear Material Safety and Safeguards.

Attachment--Order

In the Matter of Wolf Creek Nuclear Operating Corporation; Wolf Creek 
Generating Station; Independent Spent Fuel Storage Installation; Order 
Modifying License (Effective Immediately)

I

    Pursuant to Sec.  2.106 of title 10 of the Code of Federal 
Regulations (10 CFR), the NRC (or the Commission) is providing notice, 
in the matter of Wolf Creek Nuclear Operating Corporation's Independent 
Spent Fuel Storage Installation (ISFSI) Order Modifying License 
(Effective Immediately). The text of the Order (not including 
Attachment 1, which contain Safeguards Information) is as follows.

II

    The NRC has issued a general license to Wolf Creek Nuclear 
Operating Corporation, (Wolf Creek), 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 Wolf Creek because 
WOLF CREEK 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.

III

    On September 11, 2001, terrorists simultaneously attacked targets 
in New York, NY, and near Washington, DC, using large commercial 
aircraft as 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, and the environment, continue to be 
adequately protected, and that the 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 Wolf Creek'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 promote the 
common defense and security and to provide

[[Page 45704]]

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 Wolf Creek is implementing prudent 
measures to achieve a consistent level of protection to address the 
current threat environment, Wolf Creek's general license 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.

IV

    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 NRC'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. Wolf Creek 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 Wolf Creek Generating 
Station's physical security plan. Wolf Creek 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. Wolf Creek must implement these requirements 
before initially placing spent fuel in the ISFSI. Additionally, Wolf 
Creek must receive written verification from the NRC (Office of Nuclear 
Material Safety and Safeguards) that it has adequately demonstrated 
compliance with these requirements before initially placing spent fuel 
in the ISFSI.
    B. 1. Wolf Creek 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 Wolf Creek to be in violation of the provisions of any 
Commission regulation or the facility license. The notification shall 
provide Wolf Creek's justification for seeking relief from, or 
variation of, any specific requirement.
    2. If Wolf Creek 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, Wolf Creek 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, Wolf Creek 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. Wolf Creek 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. Wolf Creek 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.
    Wolf Creek'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 Wolf Creek 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.

V

    In accordance with 10 CFR 2.202, Wolf Creek 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, Wolf Creek 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 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 Wolf Creek 
relies and the reasons as to why the Order should not have been issued. 
If a person other than Wolf Creek 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) and (f).
    All documents filed in NRC adjudicatory proceedings, including a 
request for hearing and petition for leave to intervene (petition), 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, as amended at 77 FR 46562; August 3, 
2012). 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. Detailed guidance on making 
electronic submissions may be found in the Guidance for Electronic 
Submissions to the NRC and on the NRC website at https://www.nrc.gov/site-help/e-submittals.html. Participants may not submit paper copies 
of their filings unless they seek an exemption in accordance with the 
procedures described below.
    To comply with the procedural requirements of E-Filing, at least 
ten 10 days prior to the filing deadline, the participant should 
contact the Office of the Secretary by email at [email protected], 
or by telephone at 301-415-1677, to (1) request 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

[[Page 45705]]

Secretary has not already established an electronic docket.
    Information about applying for a digital ID certificate is 
available on NRC's public website at https://www.nrc.gov/site-help/e-submittals/getting-started.html. Once a participant has obtained a 
digital ID certificate and a docket has been created, the participant 
can then submit adjudicatory documents. Submissions must be in Portable 
Document Format (PDF). Additional guidance on PDF submission is 
available on the NRC's public website at https://www.nrc.gov/site-help/e-submittals.html. A filing is considered complete at the time the 
documents are submitted through the NRC's E-Filing system. To be 
timely, an electronic filing must be submitted to the E-Filing system 
no later than 11:59 p.m. eastern time on the due date. Upon receipt of 
a transmission, the E-Filing system time-stamps the document and sends 
the submitter an email notice confirming receipt of the document. The 
E-Filing system also distributes an email notice that provides access 
to the document to the NRC Office of the General Counsel and any others 
who have advised the Office of the Secretary that they wish to 
participate in the proceeding, so that the filer need not serve the 
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 adjudicatory documents are 
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 Electronic 
Filing Help Desk through the ``Contact Us'' link located on the NRC 
website at https://www.nrc.gov/site-help/e-submittals.html, by email at 
[email protected], or by a toll-free call at 1-866-672-7640. The 
NRC Electronic Filing Help Desk is available between 9 a.m. and 6 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://adams.nrc.gov/ehd, unless excluded pursuant to an order of the 
Commission, or the presiding officer. If you do not have an NRC-issued 
digital ID certificate as described above, click ``cancel'' when the 
link requests certificates and you will be automatically directed to 
the NRC's electronic hearing dockets where you will be able to access 
any publicly available documents in a particular hearing docket. 
Participants are requested not to include personal privacy information, 
such as social security numbers, home addresses, or personal phone 
numbers in their filings, unless an NRC regulation or other law 
requires submission of such information. For example, in some 
instances, individuals provide home addresses in order to demonstrate 
proximity to a facility or site. 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 Wolf Creek or a person whose interest 
is adversely affected, the Commission will issue an Order designating 
the time and place of any hearing. If a hearing is held, the issue to 
be considered at such hearing shall be whether this Order should be 
sustained.
    Pursuant to 10 CFR 2.202(c)(2)(i), Wolf Creek 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 of this Order, 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. THIS ORDER.

    Dated: July 22, 2020.

    For the Nuclear Regulatory Commission.

John W. Lubinski, 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 this Federal 
Register Notice.
    Attachment 2--Additional Security Measures for Access Authorization 
and Fingerprinting at Independent Spent Fuel Storage Installations, 
dated July 2, 2020.

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.

[[Page 45706]]

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 three 
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 three 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 
two 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 three years, and/or academic enrollment and attendance in lieu 
of employment, for the past five 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 three 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 five 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 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

[[Page 45707]]

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 five (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 three 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 one (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 Physical and Cyber Security Policy, Mail Stop T-08B20M, 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 Physical and Cyber Security Policy, marked for the 
attention of the Criminal History Check Section. Copies of these forms 
may be obtained by writing the Office of Information Services, U.S. 
Nuclear Regulatory Commission, Washington, DC 20555-0001, or by email 
to [email protected]. 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 [email protected]. 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 Reactor Security Branch, Division of 
Physical and Cyber Security Policy, at (301) 415-7513. Combined payment 
for multiple applications is acceptable. The application fee (currently 
$10) 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 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 
one (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

[[Page 45708]]

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. 2020-16370 Filed 7-28-20; 8:45 am]
BILLING CODE 7590-01-P
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