[Federal Register Volume 78, Number 136 (Tuesday, July 16, 2013)]
[Notices]
[Pages 42560-42565]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-16984]


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NUCLEAR REGULATORY COMMISSION

[NRC-2013-0152]
[EA-13-033; Project No. 0782]


In the Matter of Korea Hydro and Nuclear Power, Co., Ltd. and All 
Other Persons Who Seek or Obtain Access to Safeguards Information 
Described Herein; Order Imposing Protection Requirements for Access to 
Safeguards Information (Effective Immediately)

I

    Korea Hydro and Nuclear Power, Co., Ltd. (KHNP) submitted a letter 
of intent to the U.S. Nuclear Regulatory Commission (NRC) for a design 
certification (DC) application in 2013.
    In June 2009, the Commission published a rulemaking in the Federal 
Register (FR) (74 FR 28112) requiring applicants for a variety of 
licensing activities, including nuclear power plant designers, to 
perform a design-specific assessment of the effects of the impact of a 
large, commercial aircraft and to incorporate design features and 
functional capabilities into the nuclear power plant design to provide 
additional inherent protection with reduced use of operator actions. A 
discussion of the specific requirements for applicants for new nuclear 
power reactors can be found in Section V of the Federal Register 
notice. To assist designers in completing this assessment, the 
Commission has decided to provide the detailed aircraft impact 
characteristics that should be used as reasonable inputs for reactor 
vendors and architect and engineers who have the need to know and who 
meet the NRC's requirements for the disclosure of such information to 
use in the required aircraft impact assessments.
    The NRC derived the characteristics from agency analyses performed 
on operating reactors to support, in part, the development of a broadly 
effective set of mitigation strategies to combat fires and explosions 
from a spectrum of hypothetical aircraft impacts. Although the detailed 
characteristics were not selected as a basis for designing new 
reactors, the staff is suggesting them as a starting point for aircraft 
impact assessments. On August 5, 2011, the NRC issued Regulatory Guide 
(RG) 1.217, ``Guidance for the Assessment of Beyond-Design-Basis 
Aircraft Impacts,'' (NRC's Agencywide Documents Access and Management 
System (ADAMS) Accession No. ML092900004), which endorses the 
methodologies described in the industry guidance document, Nuclear 
Energy Institute (NEI) 07-13,

[[Page 42561]]

``Methodology for Performing Aircraft Impact Assessments for New Plant 
Designs,'' Revision 8, dated April 2011 (ADAMS Accession No. 
ML111440006). NEI 07-13 includes the aircraft impact characteristics in 
two appendices. In addition, the staff recognizes that no national or 
international consensus has been reached on the selection of 
appropriate characteristics for such analyses. Therefore, the 
information should be considered preliminary and subject to authorized 
stakeholder comment. The detailed aircraft characteristics that are the 
subject of this Order are hereby designated as Safeguards Information 
(SGI) \1\ in accordance with Section 147 of the Atomic Energy Act of 
1954, as amended (AEA).
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    \1\ SGI is a form of sensitive, unclassified, security-related 
information that the Commission has the authority to designate and 
protect under Section 147 of the AEA.
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    On October 24, 2008, the NRC revised Title 10 of the Code of 
Federal Regulations (10 CFR) 73.21, ``Protection of Safeguards 
Information: Performance Requirements,'' to include applicants in the 
list of entities required to protect SGI (73 FR 63546). The NRC is 
issuing this order to KHNP to impose requirements for the protection of 
SGI in addition to the requirements set forth in 10 CFR 73.21, which 
include nomination of a reviewing official, restrictions on storage of 
SGI, and access to SGI by certain individuals.
    To implement this Order, KHNP must nominate an individual who will 
review the results of the Federal Bureau of Investigation (FBI) 
criminal history records check to make SGI access determinations. This 
individual, called the reviewing official, must be someone who seeks 
access to SGI. Based on the results of the FBI criminal history records 
check, the NRC staff will determine if this individual may have access 
to SGI. If the NRC determines that the individual may not be granted 
access to SGI, the enclosed order prohibits that individual from 
obtaining access to any SGI. Once the NRC approves a reviewing 
official, this reviewing official--and only this reviewing official--
can make SGI access determinations for other individuals who KHNP 
identifies as having a need for SGI, who have been fingerprinted, and 
who have had a criminal history records and background check in 
accordance with this Order. The reviewing official can only make SGI 
access determinations for other individuals but cannot approve other 
individuals to act as reviewing officials. Only the NRC can approve a 
reviewing official. Therefore, if KHNP wishes to have a new or 
additional reviewing official, the NRC must approve this individual 
before he or she can act in that capacity.

II

    The Commission has broad statutory authority to protect and 
prohibit the unauthorized disclosure of SGI. Section 147 of the AEA 
grants the Commission explicit authority to issue such orders, as 
necessary, to prohibit the unauthorized disclosure of SGI. To provide 
assurance that KHNP continues to implement appropriate measures to 
ensure a consistent level of protection to prohibit unauthorized 
disclosure of SGI, as well as to comply with the fingerprinting, 
criminal history records check, and background check requirements for 
access to SGI, KHNP shall implement the requirements for the protection 
of SGI as set forth in 10 CFR 73.21, 10 CFR 73.22, ``Protection of 
Safeguards Information: Specific Requirements,'' and this Order.
    By rule, certain categories of individuals are exempted from the 
fingerprinting requirements under 10 CFR 73.59, ``Relief from 
Fingerprinting, Identification and Criminal History Records Checks and 
Other Elements of Background Checks for Designated Categories of 
Individuals.'' Those individuals include Federal, State, and local law 
enforcement personnel in the United States (U.S.); Agreement State 
inspectors who conduct security inspections on behalf of the NRC; 
members of the U.S. Congress; certain employees of members of Congress 
or congressional committees who have undergone fingerprinting for a 
previous U.S. Government criminal history check; and representatives of 
the International Atomic Energy Agency or certain foreign government 
organizations. In addition, individuals who have had a favorably 
decided U.S. Government criminal history check within the last 5 years, 
or individuals who have active U.S. Federal security clearances 
(provided in either case that they provide the appropriate 
documentation), have already been subjected to fingerprinting and 
criminal history checks and, thus, have satisfied the fingerprinting 
requirement.
    In addition, under 10 CFR 2.202, ``Orders,'' the NRC finds that, in 
light of the matters identified above, which warrant the issuance of 
this Order, the public health, safety, and interest require that this 
Order be effective immediately.

III

    Accordingly, under Sections 147, 149, 161b, 161i, 161o, 182, and 
186 of the AEA, and the Commission's regulations in 10 CFR 2.202 and10 
CFR part 73, ``Physical Protection of Plants and Materials,'' it is 
hereby ordered, effective immediately, that KHNP and all other persons 
who seek or obtain access to safeguards information as described herein 
shall comply with the requirements set forth in 10 CFR 73.21, 10 CFR 
73.22, and this order.

A

    (1) No person shall have access to any SGI if the NRC, when making 
an SGI access determination for a nominated reviewing official, has 
determined, based on fingerprinting and an FBI identification and 
criminal history records check, that the person nominated may not have 
access to SGI.
    (2) KHNP shall store SGI designated by this Order only in the 
facility or facilities specifically approved in writing by the NRC for 
storage of SGI designated by this Order. KHNP may request, in writing, 
NRC approval of additional facilities for the storage of the SGI 
designated by this Order that the NRC will consider on a case-by-case 
basis.
    (3) KHNP may provide SGI designated by this Order to individuals 
(such as foreign/non-U.S. nationals, U.S. citizens living in foreign 
countries, or individuals under the age of 18) for whom fingerprinting 
and an FBI criminal history records check are not reasonably expected 
to yield sufficient criminal history information to form the basis of 
an informed decision on granting access to SGI, provided that the 
individual satisfies the requirements of this Order, and that KHNP has 
implemented measures, in addition to those set forth in this Order, to 
ensure that the individual is suitable to have access to the SGI 
designated by this Order. Such additional measures must include, but 
are not limited to, equivalent criminal history records checks 
conducted by a U.S. local, U.S. State, or foreign governmental agency 
and enhanced background checks, including employment and credit 
history. The NRC must review these additional measures and approve them 
in writing.
    B. No person may provide SGI to another person, except in 
accordance with Section III.A. above. Before a person provides SGI to 
any person, a copy of this Order shall be provided to that person.
    C. KHNP shall comply with the following requirements:

[[Page 42562]]

    (1) KHNP shall, within 20 days of the date of this Order, submit 
the fingerprints of one individual whom (a) it nominates as the 
reviewing official for determining access to SGI by other individuals, 
and (b) has an established need to know the information. The NRC will 
determine if this individual (or any subsequent reviewing official) may 
have access to SGI and, therefore, will be permitted to serve as KHNP's 
reviewing official.\2\ KHNP may, at the same time or later, submit the 
fingerprints of other individuals to whom it seeks to grant access to 
SGI. Fingerprints shall be submitted and reviewed in accordance with 
the procedures described in the attachment to this Order.
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    \2\ The NRC's determination of this individual's access to SGI 
in accordance with the process described in Enclosure 3 to the 
transmittal letter of this Order is an administrative determination 
that is outside the scope of this Order.
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    (2) KHNP shall, in writing, within 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 the Order, including the attachment, or 
(2) if compliance with any of the requirements is unnecessary in its 
specific circumstances.
    The notification shall provide KHNP's justification for seeking 
relief from, or variation of, any specific requirement.
    KHNP shall submit responses to C.(1) and C.(2) above to the 
Director, Office of New Reactors, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001. In addition, KHNP shall mark its responses 
as ``Security-Related Information-Withhold Under 10 CFR 2.390.''
    Except for the requirements for fingerprinting, the Director, 
Office of New Reactors, may, in writing, relax or rescind any of the 
above conditions upon demonstration of good cause by KHNP.

IV

    In accordance with 10 CFR 2.202, KHNP must, and any other person 
adversely affected by this Order may, submit an answer to this Order 
and may request a hearing on this Order, within 20 days of the date of 
this Order. Where good cause is shown, the NRC will consider extending 
the time to request a hearing. A request for an extension to submit an 
answer or request a hearing must be made in writing to the Director, 
Office of New Reactors, 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. Unless the answer consents to 
this Order, the answer shall, in writing and under oath or affirmation, 
specifically set forth the matters of fact and law by which KHNP or 
other entities adversely affected rely, and the reasons as to why the 
NRC should not have issued this Order.
    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's 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 10 
days prior to the filing deadline the participant should contact the 
Office of the Secretary by email at hearing.docket@nrc.gov, or by 
telephone at 301-415-1677, to request (1) a digital identification (ID) 
certificate, which allows the participant (or its counsel or 
representative) to digitally sign documents and access the E-Submittal 
server for any proceeding in which it is participating; and (2) advise 
the Secretary that the participant will be submitting a request or 
petition for hearing (even in instances in which the participant or its 
counsel or representative, already holds an NRC-issued digital ID 
certificate). Based upon this information, the Secretary will establish 
an electronic docket for the hearing in this proceeding if the 
Secretary has not already established an electronic docket.
    Information about applying for a digital ID certificate is 
available on 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 NRC's ``Guidance for Electronic 
Submission,'' which is available on the agency'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's 
Web site. Further information on the Web-based submission form, 
including the installation of the Web browser plug-in, is available on 
the NRC's public Web site at 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 
a hearing or petition for leave to intervene. Submissions should be in 
Portable Document Format (PDF) in accordance with NRC's guidance 
available on the NRC's 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 email notice confirming receipt of the document. The 
E-Filing system also distributes an email notice that provides access 
to the document to the NRC's Office of the General Counsel and any 
others who have advised the Office of the Secretary that they wish to 
participate in the proceeding, so that the filer need not serve the 
document on those participants separately. Therefore, applicants and 
other participants (or their counsel or representative) must apply for 
and receive a digital ID certificate before a hearing request/petition 
to intervene is filed so that they can obtain access to the document 
via the E-Filing system.
    A person filing electronically using the agency's adjudicatory E-
Filing system may seek assistance by contacting the NRC Meta System 
Help Desk through the ``Contact Us'' link located on the NRC's Web site 
at http://www.nrc.gov/site-help/e-submittals.html, by email 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 good cause for not 
submitting

[[Page 42563]]

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, Sixteenth Floor, One 
White Flint North, 11555 Rockville Pike, Rockville, Maryland, 20852, 
Attention: Rulemaking and Adjudications Staff. Participants filing a 
document in this manner are responsible for serving the document on all 
other participants. Filing is considered complete by first-class mail 
as of the time of deposit in the mail, or by courier, express mail, or 
expedited delivery service upon depositing the document with the 
provider of the service. A presiding officer, having granted an 
exemption request from using E-Filing, may require a participant or 
party to use E-Filing if the presiding officer subsequently determines 
that the reason for granting the exemption from use of E-Filing no 
longer exists.
    Documents submitted in adjudicatory proceedings will appear in 
NRC's electronic hearing docket which is available to the public at 
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 KHNP, or a person whose interest is adversely affected, requests 
a hearing, the Commission will issue an order designating the time and 
place of the hearing. If a hearing is held, the issue to be considered 
at such hearing shall be whether this Order should be sustained.
    Under 10 CFR 2.202(c)(2)(i), KHNP may, in addition to demanding 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 above in Section III shall be final 20 days 
from the date of this Order without further order or proceedings.
    If the agency approves an extension for a hearing, the provisions, 
as specified above 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 1st day of July 2013.

    For the U.S. Nuclear Regulatory Commission.
Gary M. Holahan,
Acting Director, Office of New Reactors.

Guidance for Evaluation of Access to Safeguards Information with the 
Inclusion of Criminal History Records (Fingerprint) Checks

    When a licensee or other person \3\ submits fingerprints to the 
U.S. Nuclear Regulatory Commission (NRC) under an NRC Order, it will 
receive a criminal history summary of information, provided in U.S. 
Federal records, since the individual's 18th birthday. Individuals 
retain the right to correct and complete information and to initiate 
challenge procedures described in Enclosure 3. The licensee will 
receive the information from the criminal history records check for 
those individuals requiring access to Safeguards Information (SGI), and 
the reviewing official will evaluate that information using the 
guidance below. Furthermore, the requirements for all Orders, which 
apply to the information and material to which access is being granted, 
must be met.
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    \3\ As used herein, ``licensee'' means any licensee or other 
person who is required to conduct fingerprinting.
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    The licensee's reviewing official is required to evaluate all 
pertinent and available information in making a determination of access 
to SGI, including the criminal history information about the individual 
as required by the NRC Order. The criminal history records check is 
used when determining if an individual has a record of criminal 
activity that indicates that the individual should not have access to 
SGI. Each determination of access to SGI, which includes a review of 
criminal history information, must be documented to include the basis 
for the decision that is made.
    (i) If negative information is discovered that the individual did 
not provide, or which is different in any material respect from the 
information that the individual provided, this information should be 
considered, and decisions made based on these findings must be 
documented.
    (ii) Any record containing a pattern of behaviors that indicates 
that the behaviors could recur or continue, or recent behaviors that 
cast doubt on whether an individual should have access to SGI, should 
be carefully evaluated before any authorization of access to SGI.
    It is necessary for a licensee to resubmit fingerprints only under 
two conditions:
    (1) The FBI has determined that the fingerprints cannot be 
classified because of poor quality in the mechanics of taking the 
initial impressions.
    (2) The initial submission is lost.
    If the FBI advises that four sets of fingerprints are 
unclassifiable because they are unreadable, the NRC will automatically 
forward a name search to the FBI. When those search results are 
received from the FBI, no further search is necessary.

Process To Challenge NRC Denials or Revocations of Access to Safeguards 
Information

1. Policy

    This policy establishes a process for individuals whom the U.S. 
Nuclear Regulatory Commission (NRC) licenses or other person \4\ 
nominated as reviewing officials to challenge and appeal NRC denials or 
revocations of access to Safeguards Information (SGI). Any individual 
nominated as a licensee reviewing official whom the NRC has determined 
may not have access to SGI shall, to the extent provided below, be 
afforded an opportunity to challenge and appeal the NRC's 
determination. This policy shall not be construed to require the 
disclosure of SGI to any person; neither shall it be construed to 
create a liberty or property interest of any kind in the access of any 
individual to SGI.
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    \4\ As used herein, ``licensee'' means any licensee or other 
person who is required to conduct fingerprinting.
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2. Applicability

    This policy applies solely to those employees of licensees who are 
nominated as reviewing officials and who are thus considered, by the 
NRC, for initial or continued access to SGI in that position.

[[Page 42564]]

3. SGI Access Determination Criteria

    The NRC will determine whether access to SGI will be granted to an 
individual nominated to be a reviewing official. Access to SGI shall be 
denied or revoked whenever it is determined that an individual does not 
meet the applicable standards. Any doubt about an individual's 
eligibility for initial or continued access to SGI shall be resolved in 
favor of the national security, and access will be denied or revoked.

4. Procedure To Challenge the Contents of Records Obtained From the FBI

    a. Before a determination by the NRC Facilities Security Branch 
Chief that an individual nominated as a reviewing official is denied or 
revoked access to SGI, the individual shall have the following 
recourse:
    (i) Be given the contents of records obtained from the FBI for the 
purpose of assuring correct and complete information. 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, including 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 will forward the challenge to the submitting 
agency and request 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 necessary changes in accordance with 
the information supplied by that agency.
    (ii) Be afforded 10 days to initiate an action challenging the 
results of an FBI criminal history records check (described in (i), 
above) after the record is made available to the individual for his or 
her review. If the individual initiates such a challenge, the NRC 
Facilities Security Branch Chief may make a determination based upon 
the criminal history record only upon receipt of the FBI's ultimate 
confirmation or correction of the record.

5. Procedure To Provide Additional Information

    a. Before a determination by the NRC Facilities Security Branch 
Chief that an individual nominated as a reviewing official is denied or 
revoked access to SGI, the individual shall have the following 
recourse:
    (i) Be afforded an opportunity to submit information relevant to 
the individual's trustworthiness and reliability. The NRC Facilities 
Security Branch Chief shall, in writing, notify the individual of this 
opportunity and any deadlines for submitting this information. The NRC 
Facilities Security Branch Chief may make a determination of access to 
SGI only upon receipt of the additional information that the individual 
submits, or, if no such information is submitted, when the deadline to 
submit such information has passed.

6. Procedure To Notify an Individual of the NRC Facilities Security 
Branch Chief Determination To Deny or Revoke Access to SGI

    Upon a determination by the NRC Facilities Security Branch Chief 
that an individual nominated as a reviewing official is denied or has 
his or her access to SGI revoked, the individual shall be given a 
written explanation of the basis for this determination.

7. Procedure To Appeal an NRC Determination To Deny or Revoke Access to 
SGI

    Upon a determination by the NRC Facilities Security Branch Chief 
that an individual nominated as a reviewing official is denied or has 
his or her access to SGI revoked, the individual shall be given an 
opportunity to appeal this determination to the Director, Division of 
Facilities and Security. The determination must be appealed within 20 
days of receipt of the written notice of the determination by the 
Facilities Security Branch Chief and may either be in writing or in 
person. Any appeal made in person shall take place at the NRC's 
headquarters and shall be at the individual's own expense. The 
determination by the Director, Division of Facilities and Security, 
shall be rendered within 60 days after receipt of the appeal.

8. Procedure To Notify an Individual of the Determination by the 
Director, Division of Facilities and Security, Upon an Appeal

    A determination by the Director, Division of Facilities and 
Security, shall be provided to the individual in writing and include an 
explanation of the basis for this determination. A decision by the 
Director, Division of Facilities and Security, to affirm the Facilities 
Branch Chief's determination to deny or revoke an individual's access 
to SGI is final and not subject to further administrative appeals.

General Requirements

    Licensees and other persons who are required to conduct 
fingerprinting shall comply with the requirements of this enclosure.\5\
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    \5\ As used herein, ``licensee'' means any licensee or other 
person who is required to conduct fingerprinting in accordance with 
these requirements.
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    The licensee shall notify the U.S. Nuclear Regulatory Commission 
(NRC) of any desired change in reviewing officials, in compliance with 
C.1 of the subject Order. The NRC will determine if the individual 
nominated as the new reviewing official may have access to Safeguards 
Information (SGI) based on a previously obtained or new criminal 
history check and, therefore, will be permitted to serve as the 
licensee's reviewing official.

Procedures for Processing Fingerprint Checks

    For the purpose of complying with this Order, licensees shall, 
using an appropriate method listed in Part 73 of Title 10 of the Code 
of Federal Regulations (10 CFR), ``Physical Protection of Plants and 
Materials,'' Section 4, ``Communications,'' submit one completed, 
legible standard fingerprint card (Form FD-258, ORIMDNRCOOOZ) to the 
NRC's Division of Facilities and Security, Mail Stop TWB-05B32M, or, 
where practicable, other fingerprint records for each individual 
seeking access to SGI, to the Director of the Division of Facilities 
and Security, marked to the attention of the Division's Criminal 
History Check Section. Copies of these forms may be obtained by writing 
to the Office of Information Services, U.S. Nuclear Regulatory 
Commission, Region III, Attn: Deborah Hersey, Mail Stop: Region III--
DRP, 2443 Warrenville Road, Suite 210, Lisle, IL 60532-4352, or by 
calling 1-630-829-9565 or sending email to Forms.Resource@nrc.gov. 
Practicable alternative formats are set forth in 10 CFR 73.4, 
``Communications.'' 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.
    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

[[Page 42565]]

corrections. The fee for processing fingerprint checks includes one re-
submission if the Federal Bureau of Investigations (FBI) returns the 
initial submission because the fingerprint impressions cannot be 
classified. If additional submissions are necessary, they will be 
treated as initial submittals and will require a second payment of the 
processing fee.
    Fees for processing fingerprint checks are due upon application. 
Licensees shall submit payment with the application for processing 
fingerprints by corporate check, certified check, cashier's check, 
money order, or electronic payment made payable to the NRC. (For 
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 $26.00) is the sum of the user fee that the FBI charges for 
each fingerprint card or other fingerprint record that the NRC submits 
on behalf of a licensee and an NRC processing fee, which covers 
administrative costs associated with the NRC's handling of licensee 
fingerprint submissions. The Commission will directly notify licensees 
who are subject to this regulation of any fee changes.
    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.

Right To Correct and Complete Information

    Before any final adverse determination, the licensee shall make 
available to the individual the contents of any criminal 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 1 year from the 
date of the notification. If, after reviewing the record, an individual 
believes that it is incorrect or incomplete in any respect and wishes 
to change, correct, update the alleged deficiency, or 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 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 data. 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 that agency supplies. The 
licensee must give at least 10 days for an individual to initiate an 
action challenging the results of an FBI criminal history records check 
after the record is made available to that individual for his or her 
review. The licensee may make a final SGI 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 SGI, the licensee shall give the individual 
its documented basis for denial. Access to SGI shall not be granted to 
an individual during the review process.

Protection of Information

    (1) Each licensee who obtains a criminal history record on an 
individual under this Order shall establish and maintain a system of 
files and procedures for protecting the record and the personal 
information from unauthorized disclosure.
    (2) The licensee may not disclose the record or personal 
information collected and maintained to persons other than the subject 
individual, his or her representative, or to those who have a need to 
access the information in performing assigned duties in the process of 
determining access to Safeguards Information (SGI). No individual 
authorized to have access to the information may re-disseminate the 
information to any other individual who does not have a need-to-know 
claim.
    (3) The personal information obtained on an individual from a 
criminal history record check may be transferred to another licensee if 
the licensee holding the criminal history record check receives the 
individual's written request to re-disseminate the information 
contained in his or her file, and the current licensee verifies 
information such as the individual's name, date of birth, social 
security number, sex, and other applicable physical characteristics for 
identification purposes.
    (4) 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.
    (5) The licensee shall retain all fingerprint and criminal history 
records received from the FBI, or a copy if the individual's file has 
been transferred, for 3 years after termination of employment or 
determination of access to SGI (whether access was approved or denied). 
After the required 3 years, these documents shall be destroyed by a 
method that will prevent reconstruction of the information in whole or 
in part.

[FR Doc. 2013-16984 Filed 7-15-13; 8:45 am]
BILLING CODE 7590-01-P