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21 May 2008
[Federal Register: May 21, 2008 (Volume 73, Number 99)]
[Notices]
[Page 29542-29547]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21my08-97]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 72-63; EA-08-144]
In the Matter of: FPL Energy Seabrook, LLC Seabrook Station;
Independent Spent Fuel Storage Installation Order Modifying License
(Effective Immediately)
AGENCY: U.S. Nuclear Regulatory Commission.
ACTION: Issuance of Order for Implementation of Additional Security
Measures and Fingerprinting for Unescorted Access to Seabrook Station
Independent Spent Fuel Storage Installation.
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FOR FURTHER INFORMATION, CONTACT: Kevin M. Witt, Project Manager,
Rules, Inspections and Operations Branch, 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) 492-3323; fax number: (301) 492-3348; e-
mail: Kevin.Witt@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
Pursuant to 10 CFR 2.106, NRC (or the Commission) is providing
notice, in the matter of Seabrook Station Independent Spent Fuel
Storage Installation (ISFSI) Order Modifying License (Effective
Immediately).
II. Further Information
I
NRC has issued a general license to FPL Energy Seabrook, LLC (FPL)
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 FPL, which
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) and 10 CFR 73.55(h)(1) require FPL
to maintain safeguards and 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 safeguards requirements are contained in 10 CFR
73.51 or 73.55, as applicable.
Inasmuch as an insider has an opportunity equal to, or greater
than, any other person, to commit radiological sabotage, the Commission
has determined these measures to be prudent. Comparable Orders have
been issued to all licensees that currently store spent fuel, or have
identified near-term plans to store spent fuel, in an ISFSI.
II
On September 11, 2001, terrorists simultaneously attacked targets
in New York, NY, and 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, 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 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 FPL 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 nor necessary at some
sites, or may need to be tailored to accommodate the specific
circumstances existing at FPL's facility, to achieve the intended
objectives and avoid any unforeseen effect on the safe storage of spent
fuel.
Although the ASMs already 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, the Commission concludes that these actions must be
supplemented further because the current threat environment continues
to persist. Therefore, it is appropriate to require certain ASMs,
[[Page 29543]]
and these measures 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.
III
Accordingly, pursuant to Sections 53, 103, 104, 147, 149, 161b,
161i, 161o, 182, and 186 of the Atomic Energy Act of 1954, as amended,
and the Commission's regulations in 10 CFR 2.202 and 10 CFR Parts 50,
72, and 73, it is hereby ordered, EFFECTIVE IMMEDIATELY, that your
general license is modified as follows:
A. FPL 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 FPL's security plan. FPL shall immediately
start implementation of the requirements in Attachments 1 and 2 to the
Order and shall complete implementation no later than 180 days from the
date of this Order, with the exception of the ASM B.4 of Attachment 1
[``Additional Security Measures (ASMs) for Physical Protection of Dry
Independent Spent Fuel Storage Installations (ISFSIs)''], which shall
be implemented no later than 365 days from the date of this Order. In
any event, FPL shall complete implementation of all ASMs no later than
30 days before the first day that spent fuel is scheduled to be
initially placed in the ISFSI.
B.1. FPL 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 FPL to
be in violation of the provisions of any Commission regulation or the
facility license. The notification shall provide FPL's justification
for seeking relief from, or variation of, any specific requirement.
2. If FPL 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, FPL 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 the Attachment 1 and/or 2 requirements in question, or a
schedule for modifying the facility, to address the adverse safety
condition. If neither approach is appropriate, FPL 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. FPL 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. FPL 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.
FPL'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
that contain Safeguards Information shall be properly marked and
handled, in accordance with 10 CFR 73.21.
The Director, Office of Nuclear Material Safety and Safeguards,
may, in writing, relax or rescind any of the above conditions, for good
cause.
IV
In accordance with 10 CFR 2.202, FPL must, and any other person
adversely affected by this Order may, submit an answer to this Order
within 20 days of the date of the Order. In addition, FPL, and any
other person adversely affected by this Order, may request a hearing on
this Order, within 20 days of the date of the Order. 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 FPL relies
and the reasons as to why the Order should not have been issued. If a
person other than FPL requests a hearing, that person shall set forth,
with particularity, the manner in which his 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, which the NRC
promulgated in August 2007, 72 FR 49139 (August 28, 2007) and codified
in pertinent part at 10 CFR Part 2, Subpart B. 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 a waiver in accordance with the procedures
described below.
To comply with the procedural requirements associated with E-
Filing, at least five (5) days before the filing deadline, the
requestor must contact the Office of the Secretary, by e-mail, at
Hearing.Docket@nrc.gov, or by calling (301) 415-1677, to request: (1) A
digital ID certificate, which allows the participant (or its counsel or
representative) to digitally sign documents and access the E-Submittal
server for any NRC proceeding in which it is participating; and/or (2)
creation of an electronic docket for the proceeding [even in instances
when the requestor (or its counsel or representative) already holds an
NRC-issued digital ID certificate]. Each requestor will need to
download the Workplace Forms ViewerTM to access the
Electronic Information Exchange (EIE), a component of the E-Filing
system. The Workplace Forms ViewerTM is free and is
available at http://www.nrc.gov/site-help/e-submittals/install-
viewer.html. Information about applying for a digital ID certificate is
also available on NRC's public Web site at http://www.nrc.gov/site-
help/e-submittals/apply-certificates.html.
Once a requestor has obtained a digital ID certificate, had a
docket created, and downloaded the EIE viewer, he/she can then submit a
request for a hearing through EIE. Submissions should be in Portable
Document Format (PDF), in accordance with NRC guidance available on the
NRC public Web site at http://
[[Page 29544]]
www.nrc.gov/site-help/e-submittals.html. A filing is considered
complete at the time the filer submits its document through EIE. To be
timely, electronic filings must be submitted to the EIE system no later
than 11:59 p.m. Eastern Time, on the due date. On 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
EIE 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
document on those participants separately. Therefore, any others who
wish to participate in the proceeding (or their counsel or
representative) must apply for, and receive, digital ID certificates,
before hearing requests are filed, so that they may obtain access to
the documents via the E-Filing system.
A person filing electronically may seek assistance through the
``Contact-Us'' link located on the NRC Web site at http://www.nrc.gov/
site-help/e-submittals.html, or by calling the NRC technical help line,
which is available between 8:30 a.m. and 4:15 p.m., Eastern Time,
Monday through Friday. The help line number is (800) 397-4209 or,
locally (301) 415-4737.
Participants who believe that they have good cause for not
submitting documents electronically must file motions, in accordance
with 10 CFR 2.302(g), with their initial paper filings, requesting
authorization to continue to submit documents in paper format. Such
filings must be submitted by: (1) First-class mail, addressed to the
Office of the Secretary of the Commission, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001, Attention: Rulemaking and
Adjudications Staff; or (2) courier, express mail, or expedited
delivery service to the Office of the Secretary, Sixteenth Floor, One
White Flint North, 11555 Rockville Pike, Rockville, Maryland, 20852,
Attention: Rulemaking and Adjudications Staff. Participants filing a
document in this manner are responsible for serving the document on all
other participants. Filing is considered complete, by first-class mail,
as of the time of deposit in the mail, or by courier, express mail, or
expedited delivery service on depositing the document with the provider
of the service.
Documents submitted in adjudicatory proceedings will appear in
NRC's electronic hearing docket, which is available to the public at
http://ehd.nrc.gov/EHD_Proceeding/home.asp, unless excluded pursuant
to an order of the Commission, an Atomic Safety and Licensing Board, or
a 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. 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 works.
If a hearing is requested by FPL 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), FPL 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
of this Order, without further Order or proceedings. If an extension of
time for requesting a hearing has been approved, the provisions, as
specified in Section III, shall be final when the extension expires, if
a hearing request has not been received. AN ANSWER OR A REQUEST FOR
HEARING SHALL NOT STAY THE IMMEDIATE EFFECTIVENESS OF THIS ORDER.
For the Nuclear Regulatory Commission.
Dated at Rockville, Maryland this 7th day of May 2008.
Michael F. Weber,
Director, Office of Nuclear Material Safety and Safeguards.
Attachment 1--Additional Security Measures (ASMs) for Physical
Protection of Dry Independent Spent Fuel Storage Installations (ISFSIs)
Contains Safeguards Information and Is Not Included in the Federal
Register Notice
Attachment 2--Additional Security Measures for Access Authorization and
Fingerprinting at Independent Spent Fuel Storage Installations, Dated
December 19, 2007
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 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 sections 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 their 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 or 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).
[[Page 29545]]
Where an applicant for unescorted access has been previously
fingerprinted with a favorably completed CHRC (such as a CHRC pursuant
to compliance with orders for access to safeguards information) the
licensee may accept the results of that CHRC, and need not submit
another set of fingerprints, provided the CHRC was completed not more
than 3 years from the date of the application for unescorted access.
ii. Verification of employment with each previous employer for the
most recent year from the date of application.
iii. Verification of employment with an employer of the longest
duration during any calendar month for the remaining next most recent
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 (USCIS), and shall verify and
ensure to the extent possible, the accuracy of the provided social
security number and alien registration number as applicable.
b. The procedures developed or enhanced shall include measures for
confirming the term, duration, and character of military service for
the past 3 years, and/or academic enrollment and attendance in lieu of
employment for the past 5 years.
c. Licensees need not conduct an independent investigation for
individuals employed at a facility who possess active ``Q'' or ``L''
clearances or possess another active U.S. Government granted security
clearance, i.e., Top Secret, Secret or Confidential.
d. A review of the applicant's criminal history, obtained from
local criminal justice resources, may be included in addition to the
FBI CHRC, and is encouraged if the results of the FBI CHRC, employment
check, or credit check disclose derogatory information. The scope of
the applicant's local criminal history check shall cover all residences
of record for the past 3 years from the date of the application for
unescorted access.
2. The licensee shall use any information obtained as part of a
CHRC solely for the purpose of determining an individual's suitability
for unescorted access to the protected area of an ISFSI.
3. The licensee shall document the basis for its determination for
granting or denying access to the protected area of an ISFSI.
4. The licensee shall develop, implement, and maintain procedures
for updating background investigations for persons who are applying for
reinstatement of unescorted access. Licensees need not conduct an
independent reinvestigation for individuals who possess active ``Q'' or
``L'' clearances or possess another active U.S. Government granted
security clearance, i.e., Top Secret, Secret or Confidential.
5. The licensee shall develop, implement, and maintain procedures
for reinvestigations of persons granted unescorted access, at intervals
not to exceed 5 years. Licensees need not conduct an independent
reinvestigation for individuals employed at a facility who possess
active ``Q'' or ``L'' clearances or possess another active U.S.
Government granted security clearance, i.e., Top Secret, Secret or
Confidential.
6. The licensee shall develop, implement, and maintain procedures
designed to ensure that persons who have been denied unescorted access
authorization to the facility are not 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 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 pursuant to 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 (3) years from the date the
individual no longer requires access to the facility.
D. Prohibitions
1. A licensee shall not base a final determination to deny an
individual
[[Page 29546]]
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 which would discriminate among individuals on
the basis of race, religion, national origin, sex, or age.
E. Procedures for Processing Fingerprint Checks
1. For the purpose of complying with this Order, licensees shall,
using an appropriate method listed in 10 CFR 73.4, submit to the NRC's
Division of Facilities and Security, Mail Stop T-6E46, 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 forms@nrc.gov. Practicable alternative formats are set forth
in 10 CFR 73.4. The licensee shall establish procedures to ensure that
the quality of the fingerprints taken results in minimizing the
rejection rate of fingerprint cards due to 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 resubmission must have
the FBI Transaction Control Number reflected on the resubmission. 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. In order 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 det@nrc.gov. 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 licensees have
established an account and submitted payment to Pay.Gov, they shall
obtain a receipt. The licensee shall submit the receipt from Pay.Gov to
the NRC along with fingerprint cards. For additional guidance on making
electronic payments, contact the Facilities Security Branch, Division
of Facilities and Security, at (301) 415-7739. Combined payment for
multiple applications is acceptable. The application fee (currently
$36) 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
criminal history records checks, 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 ten (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 upon 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
criminal history record check may be transferred to another licensee if
the gaining licensee receives the individual's written request to re-
disseminate the information
[[Page 29547]]
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. E8-11346 Filed 5-20-08; 8:45 am]
BILLING CODE 7590-01-P