In the Matter of Exelon Generation Company, LLC; Three Mile Island Generating Station, Unit 1; Independent Spent Fuel Storage Installation, 55326-55331 [2020-19573]

Agencies

• NUCLEAR REGULATORY COMMISSION

[Federal Register Volume 85, Number 173 (Friday, September 4, 2020)]
[Notices]
[Pages 55326-55331]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-19573]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 72-77; NRC-2020-0174]


In the Matter of Exelon Generation Company, LLC; Three Mile 
Island Generating Station, Unit 1; 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 Exelon Generation Company, LLC (Exelon), 
authorizing the operation of the Three Mile Island Generating Station 
Independent Spent Fuel Storage Installation (ISFSI), in accordance with 
its regulations. The Order is being issued to Exelon to impose 
additional security requirements because Exelon 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 August 27, 
2020 and became effective immediately.

DATES: This Order became effective on August 27, 2020.

ADDRESSES: Please refer to Docket ID NRC-2020-0174 or NRC Docket No. 
72-0077 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-2020-0174. 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: August 31, 2020.

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

ATTACHMENT--Order.

IN THE MATTER OF EXELON GENERATION COMPANY, LLC

THREE MILE ISLAND GENERATING STATION

INDEPENDENT SPENT FUEL STORAGE INSTALLATION

ORDER MODIFYING LICENSE (EFFECTIVE IMMEDIATELY)

I.

    Pursuant to section 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 Exelon Generation Company, LLC'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 Exelon Generation Company, 
LLC, (Exelon), 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 Exelon because Exelon 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,

[[Page 55327]]

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 the Three Mile Island Generating Station 
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 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 Exelon is implementing prudent measures 
to achieve a consistent level of protection to address the current 
threat environment, Exelon's general license issued pursuant to 10 CFR 
72.210, ``General license issued,'' 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. Exelon 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 Three Mile Island Generating 
Station physical security plan. Exelon 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. Exelon must implement these requirements before initially 
placing spent fuel in the ISFSI. Additionally, Exelon 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. Exelon 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 Exelon to be in violation of the provisions of any 
Commission regulation or the facility license. The notification shall 
provide Exelon's justification for seeking relief from, or variation 
of, any specific requirement.
    2. If Exelon 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, Exelon 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, Exelon 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. Exelon 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. Exelon 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.
    Exelon'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 Exelon 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, Exelon 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, 
Exelon 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 Exelon 
relies and the reasons as to why the Order should not have been issued. 
If a person other than Exelon 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

[[Page 55328]]

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 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 the 
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 Exelon 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), Exelon 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.

    Dated: August 31, 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

[[Page 55329]]

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 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,

[[Page 55330]]

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.
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    \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.
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    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 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

[[Page 55331]]

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. 2020-19573 Filed 9-3-20; 8:45 am]
BILLING CODE 7590-01-P