2 June 2011
NRC Ups Nuclear Spent Fuel Storage Protection
[Federal Register Volume 76, Number 106 (Thursday, June 2, 2011)]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-13674]
NUCLEAR REGULATORY COMMISSION
[Docket No. 72-1036; NRC-2011-0121; EA-11-081]
In the Matter of Nine Mile Point Nuclear Station, LLC; Nine Mile
Point Nuclear Station Independent Spent Fuel Storage Installation;
Order Modifying License (Effective Immediately)
AGENCY: Nuclear Regulatory Commission.
ACTION: Issuance of Order for Implementation of Additional Security
Measures and Fingerprinting for Unescorted Access to Nine Mile Point
Nuclear Station, LLC.
FOR FURTHER INFORMATION CONTACT: L. Raynard Wharton, Senior Project
Manager, Licensing and Inspection Directorate, Division of Spent Fuel
Storage and Transportation, Office of Nuclear Material Safety and
Safeguards (NMSS), U.S. Nuclear Regulatory Commission (NRC), Rockville,
MD 20852. Telephone: 301-492-3316; fax number: 301-492-3348; e-mail:
Pursuant to 10 CFR 2.106, NRC (or the Commission) is providing
notice, in the matter of Nine Mile Point Nuclear Station Independent
Spent Fuel Storage Installation (ISFSI) Order Modifying License
II. Further Information
NRC has issued a general license to Nine Mile Point Nuclear
Station, LLC (NMPNS), authorizing the operation of an ISFSI, in
accordance with the Atomic Energy Act of 1954, as amended, and Title 10
of the Code of Federal Regulations (10 CFR) part 72. This Order is
being issued to NMPNS because it 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.
On September 11, 2001, terrorists simultaneously attacked targets
in New York, NY, and 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
As a result of its consideration of current safeguards and security
requirements, as well as a review of information provided by the
intelligence community, the Commission has determined that certain
additional security measures (ASMs) are required to address the current
threat environment, in a consistent manner throughout the nuclear ISFSI
community. Therefore, the Commission is imposing requirements, as set
forth in Attachments 1 and 2 of this Order, on all licensees of these
facilities. These requirements, which supplement existing regulatory
requirements, will provide the Commission with reasonable assurance
that the public health and safety, the environment, and common defense
and security continue to be adequately protected in the current threat
environment. These requirements will remain in effect until the
Commission determines otherwise.
The Commission recognizes that licensees may have already initiated
many of the measures set forth in Attachments 1 and 2 to this Order, in
response to previously issued Advisories, or on their own. It also
recognizes that some measures may not be possible or necessary at some
sites, or may need to be tailored to accommodate the specific
circumstances existing at NMPNS's facility, to achieve the intended
objectives and avoid any unforeseen effect on the safe storage of spent
Although the ASMs implemented by licensees in response to the
Safeguards and Threat Advisories have been sufficient to provide
reasonable assurance of adequate protection of public health and
safety, in light of the continuing threat environment, the Commission
concludes that these actions must be embodied in an Order, consistent
with the established regulatory framework.
To provide assurance that licensees are implementing prudent
measures to achieve a consistent level of protection to address the
current threat environment, licenses issued pursuant to 10 CFR 72.210
shall be modified to include the requirements identified in Attachments
1 and 2 to this Order. In addition, pursuant to 10 CFR 2.202, I find
that, in light of the common defense and security circumstances
described above, the public health, safety, and interest require that
this Order be effective immediately.
Accordingly, pursuant to Sections 53, 103, 104, 147, 149, 161b,
161i, 161o, 182, and 186 of the Atomic Energy Act of 1954, as amended,
and the Commission's regulations in 10 CFR 2.202 and 10 CFR parts 50,
72, and 73, it is hereby ordered, effective immediately, that your
general license is modified as follows:
A. NMPNS 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 Nine Mile Point Nuclear
Station's physical security plan. NMPNS 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. NMPNS must implement these requirements before initially
placing spent fuel in the ISFSI. Additionally, NMPNS must receive
written verification from the NRC that it has adequately demonstrated
compliance with these requirements before initially placing spent fuel
in the ISFSI.
B. 1. NMPNS 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 NMPNS to be in violation of the provisions of any
Commission regulation or the facility license. The notification shall
provide NMPNS's justification for seeking relief from, or variation of,
any specific requirement.
2. If NMPNS 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, NMPNS 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, NMPNS 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. NMPNS 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. NMPNS 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.
NMPNS'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 NMPNS 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
In accordance with 10 CFR 2.202, NMPNS 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,
NMPNS 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 NMPNS
relies and the reasons as to why the Order should not have been issued.
If a person other than NMPNS requests a hearing, that person shall set
forth with particularity the manner in which his/her interest is
adversely affected by this Order and shall address the criteria set
forth in 10 CFR 2.309(d).
All documents filed in NRC adjudicatory proceedings, including a
request for hearing, a petition for leave to intervene, any motion or
other document filed in the proceeding prior to the submission of a
request for hearing or petition to intervene, and documents filed by
interested governmental entities participating under 10 CFR 2.315(c),
must be filed in accordance with the NRC E-Filing rule (72 FR 49139,
August 28, 2007). The E-
Filing process requires participants to submit and serve all
adjudicatory documents over the internet, or in some cases to mail
copies on electronic storage media. Participants may not submit paper
copies of their filings unless they seek an exemption in accordance
with the procedures described below.
To comply with the procedural requirements of E-Filing, at least
ten (10) days prior to the filing deadline, the participant should
contact the Office of the Secretary by e-mail at
firstname.lastname@example.org, or by telephone at 301-415-1677, to request (1)
a digital identification (ID) certificate, which allows the participant
(or its counsel or representative) to digitally sign documents and
access the E-Submittal server for any proceeding in which it is
participating; and (2) advise the Secretary that the participant will
be submitting a request or petition for hearing (even in instances in
which the participant, or its counsel or representative, already holds
an NRC-issued digital ID certificate). Based upon this information, the
Secretary will establish an electronic docket for the hearing in this
proceeding if the Secretary has not already established an electronic
Information about applying for a digital ID certificate is
available on the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals/apply-certificates.html. System requirements for accessing
the E-Submittal server are detailed in the NRC's ``Guidance for
Electronic Submission,'' which is available on the NRC's public Web
site at http://www.nrc.gov/site-help/e-submittals.html. Participants
may attempt to use other software not listed on the Web site, but
should note that the NRC's E-Filing system does not support unlisted
software, and the NRC Meta System Help Desk will not be able to offer
assistance in using unlisted software.
If a participant is electronically submitting a document to the NRC
in accordance with the E-Filing rule, the participant must file the
document using the NRC's online, Web-based submission form. In order to
serve documents through the Electronic Information Exchange System,
users will be required to install a Web browser plug-in from the NRC
Web site. Further information on the Web-based submission form,
including the installation of the Web browser plug-in, is available on
the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals.html.
Once a participant has obtained a digital ID certificate and a
docket has been created, the participant can then submit a request for
hearing or petition for leave to intervene. Submissions should be in
Portable Document Format (PDF) in accordance with NRC guidance
available on the NRC public Web site at http://www.nrc.gov/site-help/e-submittals.html. A filing is considered complete at the time the
documents are submitted through the NRC's E-Filing system. To be
timely, an electronic filing must be submitted to the E-Filing system
no later than 11:59 p.m. Eastern Time on the due date. Upon receipt of
a transmission, the E-Filing system time-stamps the document and sends
the submitter an e-mail notice confirming receipt of the document. The
E-Filing system also distributes an e-mail 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 a hearing request/petition
to intervene is filed so that they can obtain access to the document
via the E-Filing system.
A person filing electronically using the agency's adjudicatory E-
Filing system may seek assistance by contacting the NRC Meta System
Help Desk through the ``Contact Us'' link located on the NRC Web site
at http://www.nrc.gov/site-help/e-submittals.html, by e-mail at
MSHD.Resource@nrc.gov, or by a toll-free call at 1-866-672-7640. The
NRC Meta System Help Desk is available between 8 a.m. and 8 p.m.,
Eastern Time, Monday through Friday, excluding government holidays.
Participants who believe that they have 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
http://ehd1.nrc.gov/EHD/, unless excluded pursuant to an order of the
Commission, or the presiding officer. Participants are requested not to
include personal privacy information, such as social security numbers,
home addresses, or home phone numbers in their filings, unless an NRC
regulation or other law requires submission of such information. With
respect to copyrighted works, except for limited excerpts that serve
the purpose of the adjudicatory filings and would constitute a Fair Use
application, participants are requested not to include copyrighted
materials in their submission.
If a hearing is requested by NMPNS 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
Pursuant to 10 CFR 2.202(c)(2)(i), NMPNS may, in addition to
requesting a hearing, at the time the answer is filed or sooner, move
the presiding officer to set aside the immediate effectiveness of the
Order on the grounds that the Order, including the need for immediate
effectiveness, is not based on adequate evidence, but on mere
suspicion, unfounded allegations, or error.
In the absence of any request for hearing, or written approval of
an extension of time in which to request a hearing, the provisions as
specified in Section III shall be final twenty (20) days from the date
this Order is published in the Federal Register, without further Order
or proceedings. If an extension of time for requesting a hearing has
been approved, the provisions as specified in Section III, shall be
final when the extension expires, if a hearing request has not
been received. An answer or a request for hearing shall not stay the
immediate effectiveness of this order.
Dated at Rockville, Maryland, this 25th day of May 2011.
For the Nuclear Regulatory Commission.
Director, Office of Nuclear Material Safety and Safeguards.
Attachment 1--Additional Security Measures (ASMs) for Physical
Protection of Dry Independent Spent Fuel Storage Installations (ISFSIs)
Contains Safeguards Information and Is not Included in the Federal
Attachment 2--Additional Security Measures for Access Authorization and
Fingerprinting at Independent Spent Fuel Storage Installations, dated
June 3, 2010
A. General Basis Criteria
1. These additional security measures (ASMs) are established to
delineate an independent spent fuel storage installation (ISFSI)
licensee's responsibility to enhance security measures related to
authorization for unescorted access to the protected area of an
ISFSI in response to the current threat environment.
2. Licensees whose ISFSI is collocated with a power reactor may
choose to comply with the U.S. Nuclear Regulatory Commission (NRC)-
approved reactor access authorization program for the associated
reactor as an alternative means to satisfy the provisions of
sections B through G below. Otherwise, licensees shall comply with
the access authorization and fingerprinting requirements of section
B through G of these ASMs.
3. Licensees shall clearly distinguish in their 20-day response
which method they intend to use in order to comply with these ASMs.
B. Additional Security Measures for Access Authorization Program
1. The licensee shall develop, implement and maintain a program,
or enhance its existing program, designed to ensure that persons
granted unescorted access to the protected area of an ISFSI are
trustworthy and reliable and do not constitute an unreasonable risk
to the public health and safety for the common defense and security,
including a potential to commit radiological sabotage.
a. To establish trustworthiness and reliability, the licensee
shall develop, implement, and maintain procedures for conducting and
completing background investigations, prior to granting access. The
scope of background investigations must address at least the past 3
years and, as a minimum, must include:
i. Fingerprinting and a Federal Bureau of Investigation (FBI)
identification and criminal history records check (CHRC). Where an
applicant for unescorted access has been previously fingerprinted
with a favorably completed CHRC, (such as a CHRC pursuant to
compliance with orders for access to safeguards information) the
licensee may accept the results of that CHRC, and need not submit
another set of fingerprints, provided the CHRC was completed not
more than 3 years from the date of the application for unescorted
ii. Verification of employment with each previous employer for
the most recent year from the date of application.
iii. Verification of employment with an employer of the longest
duration during any calendar month for the remaining next most
recent 2 years.
iv. A full credit history review.
v. An interview with not less than two character references,
developed by the investigator.
vi. A review of official identification (e.g., driver's license;
passport; government identification; state-, province-, or country-
of-birth issued certificate of birth) to allow comparison of
personal information data provided by the applicant. The licensee
shall maintain a photocopy of the identifying document(s) on file,
in accordance with ``Protection of Information,'' in Section G of
vii. Licensees shall confirm eligibility for employment through
the regulations of the U.S. Department of Homeland Security, U.S.
Citizenship and Immigration Services, and shall verify and ensure,
to the extent possible, the accuracy of the provided social security
number and alien registration number, as applicable.
b. The procedures developed or enhanced shall include measures
for confirming the term, duration, and character of military service
for the past 3 years, and/or academic enrollment and attendance in
lieu of employment, for the past 5 years.
c. Licensees need not conduct an independent investigation for
individuals employed at a facility who possess active ``Q'' or ``L''
clearances or possess another active U.S. Government-granted
security clearance (i.e., Top Secret, Secret, or Confidential).
d. A review of the applicant's criminal history, obtained from
local criminal justice resources, may be included in addition to the
FBI CHRC, and is encouraged if the results of the FBI CHRC,
employment check, or credit check disclose derogatory information.
The scope of the applicant's local criminal history check shall
cover all residences of record for the past 3 years from the date of
the application for unescorted access.
2. The licensee shall use any information obtained as part of a
CHRC solely for the purpose of determining an individual's
suitability for unescorted access to the protected area of an ISFSI.
3. The licensee shall document the basis for its determination
for granting or denying access to the protected area of an ISFSI.
4. The licensee shall develop, implement, and maintain
procedures for updating background investigations for persons who
are applying for reinstatement of unescorted access. Licensees need
not conduct an independent reinvestigation for individuals who
possess active ``Q'' or ``L'' clearances or possess another active
U.S. Government granted security clearance, i.e., Top Secret, Secret
5. The licensee shall develop, implement, and maintain
procedures for reinvestigations of persons granted unescorted
access, at intervals not to exceed 5 years. Licensees need not
conduct an independent reinvestigation for individuals employed at a
facility who possess active ``Q'' or ``L'' clearances or possess
another active U.S. Government granted security clearance, i.e., Top
Secret, Secret or Confidential.
6. The licensee shall develop, implement, and maintain
procedures designed to ensure that persons who have been denied
unescorted access authorization to the facility are not allowed
access to the facility, even under escort.
7. The licensee shall develop, implement, and maintain an audit
program for licensee and contractor/vendor access authorization
programs that evaluate all program elements and include a person
knowledgeable and practiced in access authorization program
performance objectives to assist in the overall assessment of the
site's program effectiveness.
C. Fingerprinting Program Requirements
1. In a letter to the NRC, the licensee must nominate an
individual who will review the results of the FBI CHRCs to make
trustworthiness and reliability determinations for unescorted access
to an ISFSI. This individual, referred to as the ``reviewing
official,'' must be someone who requires unescorted access to the
ISFSI. The NRC will review the CHRC of any individual nominated to
perform the reviewing official function. Based on the results of the
CHRC, the NRC staff will determine whether this individual may have
access. If the NRC determines that the nominee may not be granted
such access, that individual will be prohibited from obtaining
access.\1\ Once the NRC approves a reviewing official, the reviewing
official is the only individual permitted to make access
determinations for other individuals who have been identified by the
licensee as having the need for unescorted access to the ISFSI, and
have been fingerprinted and have had a CHRC in accordance with these
ASMs. The reviewing official can only make access determinations for
other individuals, and therefore cannot approve other individuals to
act as reviewing officials. Only the NRC can approve a reviewing
official. Therefore, if the licensee wishes to have a new or
additional reviewing official, the NRC must approve that individual
before he or she can act in the capacity of a reviewing official.
\1\ The NRC's determination of this individual's unescorted
access to the ISFSI, in accordance with the process, is an
administrative determination that is outside the scope of the Order.
2. No person may have access to Safeguards Information (SGI) or
unescorted access to any facility subject to NRC regulation, if the
NRC has determined, in accordance with its administrative review
process based on fingerprinting and an FBI identification and CHRC,
that the person may not have access to SGI or unescorted access to
any facility subject to NRC regulation.
3. All fingerprints obtained by the licensee under this Order,
must be submitted to the Commission for transmission to the FBI.
4. The licensee shall notify each affected individual that the
fingerprints will be used to conduct a review of his/her criminal
history record and inform the individual of the procedures for
revising the record or including an explanation in the record, as
specified in the ``Right to Correct and Complete Information,'' in
section F of these ASMs.
5. Fingerprints need not be taken if the employed individual
(e.g., a licensee employee, contractor, manufacturer, or supplier)
is relieved from the fingerprinting requirement by 10 CFR 73.61, has
a favorably adjudicated U.S. Government CHRC within the last 5
years, or has an active Federal security clearance. Written
confirmation from the Agency/employer who granted the Federal
security clearance or reviewed the CHRC must be provided to the
licensee. The licensee must retain this documentation for a period
of 3 years from the date the individual no longer requires access to
1. A licensee shall not base a final determination to deny an
individual unescorted access to the protected area of an ISFSI
solely on the basis of information received from the FBI involving:
an arrest more than 1 year old for which there is no information of
the disposition of the case, or an arrest that resulted in dismissal
of the charge, or an acquittal.
2. A licensee shall not use information received from a CHRC
obtained pursuant to this Order in a manner that would infringe upon
the rights of any individual under the First Amendment to the
Constitution of the United States, nor shall the licensee use the
information in any way that would discriminate among individuals on
the basis of race, religion, national origin, sex, or age.
E. Procedures for Processing Fingerprint Checks
1. For the purpose of complying with this Order, licensees
shall, using an appropriate method listed in 10 CFR 73.4, submit to
the NRC's Division of Facilities and Security, Mail Stop TWB-05B32M,
one completed, legible standard fingerprint card (Form FD-258,
ORIMDNRCOOOZ) or, where practicable, other fingerprint records for
each individual seeking unescorted access to an ISFSI, to the
Director of the Division of Facilities and Security, marked for the
attention of the Division's 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, by calling 301-415-5877, or by e-mail to email@example.com.
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 e-mail to firstname.lastname@example.org. The e-mail must include the
licensee's company name, address, point of contact (POC), POC e-mail
address, and phone number. The NRC will forward the request to
Pay.Gov; who will contact the licensee with a password and user lD.
Once the licensee has established an account and submitted payment
to Pay.Gov, they shall obtain a receipt. The licensee shall submit
the receipt from Pay.Gov to the NRC along with fingerprint cards.
For additional guidance on making electronic payments, contact the
Facilities Security Branch, Division of Facilities and Security, at
301-492-3531. Combined payment for multiple applications is
acceptable. The application fee (currently $26) is the sum of the
user fee charged by the FBI for each fingerprint card or other
fingerprint record submitted by the NRC on behalf of a licensee, and
an NRC processing fee, which covers administrative costs associated
with NRC handling of licensee fingerprint submissions. The
Commission will directly notify licensees who are subject to this
regulation of any fee changes.
4. The Commission will forward to the submitting licensee all
data received from the FBI as a result of the licensee's
application(s) for CHRCs, including the FBI fingerprint record.
F. Right to Correct and Complete Information
1. Prior to any final adverse determination, the licensee shall
make available to the individual the contents of any criminal
history records obtained from the FBI for the purpose of assuring
correct and complete information. Written confirmation by the
individual of receipt of this notification must be maintained by the
licensee for a period of 1 year from the date of notification.
2. If, after reviewing the record, an individual believes that
it is incorrect or incomplete in any respect and wishes to change,
correct, or update the alleged deficiency, or to explain any matter
in the record, the individual may initiate challenge procedures.
These procedures include either direct application by the individual
challenging the record to the agency (i.e., law enforcement agency)
that contributed the questioned information, or direct challenge as
to the accuracy or completeness of any entry on the criminal history
record to the Assistant Director, Federal Bureau of Investigation
Identification Division, Washington, DC 20537-9700 (as set forth in
28 CFR 16.30 through 16.34). In the latter case, the FBI forwards
the challenge to the agency that submitted the data and requests
that agency to verify or correct the challenged entry. Upon receipt
of an official communication directly from the agency that
contributed the original information, the FBI Identification
Division makes any changes necessary in accordance with the
information supplied by that agency. The licensee must provide at
least 10 days for an individual to initiate an action challenging
the results of a FBI CHRC after the record is made available for
his/her review. The licensee may make a final access determination
based on the criminal history record only upon receipt of the FBI's
ultimate confirmation or correction of the record. Upon a final
adverse determination on access to an ISFSI, the licensee shall
provide the individual its documented basis for denial. Access to an
ISFSI shall not be granted to an individual during the review
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
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. 2011-13674 Filed 6-1-11; 8:45 am]
BILLING CODE 7590-01-P