81_FR_11338 81 FR 11296 - In The Matter of Duke Energy Corporation, Crystal River Nuclear Generating Station, Independent Spent Fuel Storage Installation: Order Modifying License (Effective Immediately)

81 FR 11296 - In The Matter of Duke Energy Corporation, Crystal River Nuclear Generating Station, Independent Spent Fuel Storage Installation: Order Modifying License (Effective Immediately)

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 81, Issue 42 (March 3, 2016)

Page Range11296-11302
FR Document2016-04749

The U.S. Nuclear Regulatory Commission (NRC) has issued a general license to the Duke Energy Corporation (Duke), authorizing the operation of the Crystal River Nuclear Generating Plant Independent Spent Fuel Storage Installation (ISFSI), in accordance with its regulations. The Order is being issued to Duke to impose additional security requirements because Duke has identified near term plans to store spent fuel in an ISFSI under the general license provisions of the NRC's regulations. The Order was issued February 24, 2016, and became effective immediately.

Federal Register, Volume 81 Issue 42 (Thursday, March 3, 2016)
[Federal Register Volume 81, Number 42 (Thursday, March 3, 2016)]
[Notices]
[Pages 11296-11302]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-04749]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 72-1035: EA-16-005: NRC-2016-0046]


In The Matter of Duke Energy Corporation, Crystal River Nuclear 
Generating Station, Independent Spent Fuel Storage Installation: Order 
Modifying License (Effective Immediately)

AGENCY: Nuclear Regulatory Commission.

ACTION: Order; modification.

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[[Page 11297]]

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) has issued a 
general license to the Duke Energy Corporation (Duke), authorizing the 
operation of the Crystal River Nuclear Generating Plant Independent 
Spent Fuel Storage Installation (ISFSI), in accordance with its 
regulations. The Order is being issued to Duke to impose additional 
security requirements because Duke has identified near term plans to 
store spent fuel in an ISFSI under the general license provisions of 
the NRC's regulations. The Order was issued February 24, 2016, and 
became effective immediately.

ADDRESSES: Please refer to Docket ID NRC-2016-0046 when contacting the 
NRC about the availability of information regarding this document. You 
may obtain publicly-available information related to this document 
using any of the following methods:
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2016-0046. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: [email protected]. For technical questions, contact 
the individual(s) listed in the FOR FURTHER INFORMATION CONTACT section 
of this document.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly-available documents online in the 
ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``ADAMS Public Documents'' and 
then select ``Begin Web-based ADAMS Search.'' For problems with ADAMS, 
please contact the NRC's Public Document Room (PDR) reference staff at 
1-800-397-4209, 301-415-4737, or by email to [email protected].

FOR FURTHER INFORMATION CONTACT: L. Raynard Wharton, Office of Nuclear 
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001; telephone: 301-415-7497; email: 
[email protected].

SUPPLEMENTARY INFORMATION:

Introduction

    Pursuant to section 2.106 of title 10 of the Code of Federal 
Regulations (10 CFR), the NRC is providing notice, in the matter of 
Duke Energy Corporation's Independent Spent Fuel Storage Installation 
(ISFSI) Order Modifying License (Effective Immediately). The text of 
the Order (w/o attachments, which contain Safeguards Information) is as 
follows:

I

    The NRC has issued a general license to Duke Energy Corporation, 
(Duke), authorizing the operation of an ISFSI, in accordance with the 
Atomic Energy Act of 1954, as amended, and 10 CFR part 72. This Order 
is being issued to Duke because DUKE 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.

II

    On September 11, 2001, terrorists simultaneously attacked targets 
in New York, NY, and near Washington, DC, using large commercial 
aircraft as weapons. In response to the attacks and intelligence 
information subsequently obtained, the Commission issued a number of 
Safeguards and Threat Advisories to its licensees to strengthen 
licensees' capabilities and readiness to respond to a potential attack 
on a nuclear facility. On October 16, 2002, the Commission issued 
Orders to the licensees of operating ISFSIs, to place the actions taken 
in response to the Advisories into the established regulatory framework 
and to implement additional security enhancements that emerged from 
NRC's ongoing comprehensive review. The Commission has also 
communicated with other Federal, State, and local government agencies 
and industry representatives to discuss and evaluate the current threat 
environment in order to assess the adequacy of security measures at 
licensed facilities. In addition, the Commission has conducted a 
comprehensive review of its safeguards and security programs and 
requirements.
    As a result of its consideration of current safeguards and security 
requirements, as well as a review of information provided by the 
intelligence community, the Commission has determined that certain 
additional security measures (ASMs) are required to address the current 
threat environment, in a consistent manner throughout the nuclear ISFSI 
community. Therefore, the Commission is imposing requirements, as set 
forth in Attachments 1 and 2 of this Order, on all licensees of these 
facilities. These requirements, which supplement existing regulatory 
requirements, will provide the Commission with reasonable assurance 
that the public health and safety, and the environment, continue to be 
adequately protected, and that the common defense and security continue 
to be adequately protected, in the current threat environment. These 
requirements will remain in effect until the Commission determines 
otherwise.
    The Commission recognizes that licensees may have already initiated 
many of the measures set forth in Attachments 1 and 2 to this Order, in 
response to previously issued Advisories, or on their own. It also 
recognizes that some measures may not be possible or necessary at some 
sites, or may need to be tailored to accommodate the specific 
circumstances existing at Duke's facility, to achieve the intended 
objectives and avoid any unforeseen effect on the safe storage of spent 
fuel.
    Although the ASMs implemented by licensees in response to the 
Safeguards and Threat Advisories have been sufficient to promote the 
common defense and security and to provide reasonable assurance of 
adequate protection of public health and safety, in light of the 
continuing threat environment, the Commission concludes that these 
actions should be embodied in an Order, consistent with the established 
regulatory framework.
    To provide assurance that Duke is implementing prudent measures to 
achieve a consistent level of protection to address the current threat 
environment, Duke's general license issued pursuant to 10 CFR 72.210 
shall be modified to include the requirements identified in Attachments 
1 and 2 to this Order. In addition, pursuant to 10 CFR 2.202, I find 
that, in light of the common defense and security circumstances 
described above, the public health, safety, and interest require that 
this Order be effective immediately.

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

[[Page 11298]]

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. Duke 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 Crystal River Nuclear Generating 
Plant's physical security plan. Duke 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. Duke must implement these requirements before initially 
placing spent fuel in the ISFSI. Additionally, Duke must receive 
written verification from the NRC (Office of Nuclear Material Safety 
and Safeguards) that it has adequately demonstrated compliance with 
these requirements before initially placing spent fuel in the ISFSI.
    B. 1. Duke 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 Duke to be in violation of the provisions of any Commission 
regulation or the facility license. The notification shall provide 
Duke's justification for seeking relief from, or variation of, any 
specific requirement.
    2. If Duke 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, Duke 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, Duke 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. Duke 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. Duke 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.
    Duke'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 Duke as a result of this Order, that contain 
Safeguards Information as defined by 10 CFR 73.22, shall be properly 
marked and handled, in accordance with 10 CFR 73.21 and 73.22.
    The Director, Office of Nuclear Material Safety and Safeguards, 
may, in writing, relax or rescind any of the above conditions, for good 
cause.

IV

    In accordance with 10 CFR 2.202, Duke 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, 
Duke 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 Duke relies 
and the reasons as to why the Order should not have been issued. If a 
person other than Duke requests a hearing, that person shall set forth 
with particularity the manner in which his/her interest is adversely 
affected by this Order and shall address the criteria set forth in 10 
CFR 2.309(d) and (f).
    All documents filed in NRC adjudicatory proceedings, including a 
request for hearing, 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 [email protected], 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 the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals/getting-started.html. System requirements for accessing 
the E-Submittal server are detailed in the 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

[[Page 11299]]

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'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 
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 NRC'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 public 
Web site at http://www.nrc.gov/site-help/e-submittals.html, by email to 
[email protected], 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, 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. 
However, in some instances, a request to intervene will require 
including information on local residence in order to demonstrate a 
proximity assertion of interest in the proceeding. 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 Duke 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), Duke may, in addition to 
requesting a hearing, at the time the answer is filed or sooner, move 
the presiding officer to set aside the immediate effectiveness of the 
Order on the grounds that the Order, including the need for immediate 
effectiveness, is not based on adequate evidence, but on mere 
suspicion, unfounded allegations, or error.
    In the absence of any request for hearing, or written approval of 
an extension of time in which to request a hearing, the provisions as 
specified in Section III shall be final twenty (20) days from the date 
this Order is published in the Federal Register, without further Order 
or proceedings. If an extension of time for requesting a hearing has 
been approved, the provisions of this Order, as specified in Section 
III, shall be final when the extension expires, if a hearing request 
has not been received. An answer or a request for hearing shall not 
stay the immediate effectiveness of this order.

    Dated at Rockville, Maryland, this 24th day of February 2016.

    For the Nuclear Regulatory Commission.
Scott W. Moore,
Acting 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 
February 4, 2016

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.

[[Page 11300]]

    a. To establish trustworthiness and reliability, the licensee shall 
develop, implement, and maintain procedures for conducting and 
completing background investigations, prior to granting access. The 
scope of background investigations must address at least the past three 
years and, as a minimum, must include:
    i. Fingerprinting and a Federal Bureau of Investigation (FBI) 
identification and criminal history records check (CHRC). Where an 
applicant for unescorted access has been previously fingerprinted with 
a favorably completed CHRC, (such as a CHRC pursuant to compliance with 
orders for access to safeguards information) the licensee may accept 
the results of that CHRC, and need not submit another set of 
fingerprints, provided the CHRC was completed not more than three years 
from the date of the application for unescorted access.
    ii. Verification of employment with each previous employer for the 
most recent year from the date of application.
    iii. Verification of employment with an employer of the longest 
duration during any calendar month for the remaining next most recent 
two years.
    iv. A full credit history review.
    v. An interview with not less than two character references, 
developed by the investigator.
    vi. A review of official identification (e.g., driver's license; 
passport; government identification; state-, province-, or country-of-
birth issued certificate of birth) to allow comparison of personal 
information data provided by the applicant. The licensee shall maintain 
a photocopy of the identifying document(s) on file, in accordance with 
``Protection of Information,'' in Section G of these ASMs.
    vii. Licensees shall confirm eligibility for employment through the 
regulations of the U.S. Department of Homeland Security, U.S. 
Citizenship and Immigration Services, and shall verify and ensure, to 
the extent possible, the accuracy of the provided social security 
number and alien registration number, as applicable.
    b. The procedures developed or enhanced shall include measures for 
confirming the term, duration, and character of military service for 
the past three years, and/or academic enrollment and attendance in lieu 
of employment, for the past five years.
    c. Licensees need not conduct an independent investigation for 
individuals employed at a facility who possess active ``Q'' or ``L'' 
clearances or possess another active U.S. Government-granted security 
clearance (i.e., Top Secret, Secret, or Confidential).
    d. A review of the applicant's criminal history, obtained from 
local criminal justice resources, may be included in addition to the 
FBI CHRC, and is encouraged if the results of the FBI CHRC, employment 
check, or credit check disclose derogatory information. The scope of 
the applicant's local criminal history check shall cover all residences 
of record for the past three years from the date of the application for 
unescorted access.
    2. The licensee shall use any information obtained as part of a 
CHRC solely for the purpose of determining an individual's suitability 
for unescorted access to the protected area of an ISFSI.
    3. The licensee shall document the basis for its determination for 
granting or denying access to the protected area of an ISFSI.
    4. The licensee shall develop, implement, and maintain procedures 
for updating background investigations for persons who are applying for 
reinstatement of unescorted access. Licensees need not conduct an 
independent reinvestigation for individuals who possess active ``Q'' or 
``L'' clearances or possess another active U.S. Government granted 
security clearance, i.e., Top Secret, Secret or Confidential.
    5. The licensee shall develop, implement, and maintain procedures 
for reinvestigations of persons granted unescorted access, at intervals 
not to exceed five years. Licensees need not conduct an independent 
reinvestigation for individuals employed at a facility who possess 
active ``Q'' or ``L'' clearances or possess another active U.S. 
Government granted security clearance, i.e., Top Secret, Secret or 
Confidential.
    6. The licensee shall develop, implement, and maintain procedures 
designed to ensure that persons who have been denied unescorted access 
authorization to the facility are not allowed access to the facility, 
even under escort.
    7. The licensee shall develop, implement, and maintain an audit 
program for licensee and contractor/vendor access authorization 
programs that evaluate all program elements and include a person 
knowledgeable and practiced in access authorization program performance 
objectives to assist in the overall assessment of the site's program 
effectiveness.
C. Fingerprinting Program Requirements
    1. In a letter to the NRC, the licensee must nominate an individual 
who will review the results of the FBI CHRCs to make trustworthiness 
and reliability determinations for unescorted access to an ISFSI. This 
individual, referred to as the ``reviewing official,'' must be someone 
who requires unescorted access to the ISFSI. The NRC will review the 
CHRC of any individual nominated to perform the reviewing official 
function. Based on the results of the CHRC, the NRC staff will 
determine whether this individual may have access. If the NRC 
determines that the nominee may not be granted such access, that 
individual will be prohibited from obtaining access.\1\ Once the NRC 
approves a reviewing official, the reviewing official is the only 
individual permitted to make access determinations for other 
individuals who have been identified by the licensee as having the need 
for unescorted access to the ISFSI, and have been fingerprinted and 
have had a CHRC in accordance with these ASMs. The reviewing official 
can only make access determinations for other individuals, and 
therefore cannot approve other individuals to act as reviewing 
officials. Only the NRC can approve a reviewing official. Therefore, if 
the licensee wishes to have a new or additional reviewing official, the 
NRC must approve that individual before he or she can act in the 
capacity of a reviewing official.
---------------------------------------------------------------------------

    \1\ The NRC's determination of this individual's unescorted 
access to the ISFSI, in accordance with the process, is an 
administrative determination that is outside the scope of the Order.
---------------------------------------------------------------------------

    2. No person may have access to Safeguards Information (SGI) or 
unescorted access to any facility subject to NRC regulation, if the NRC 
has determined, in accordance with its administrative review process 
based on fingerprinting and an FBI identification and CHRC, that the 
person may not have access to SGI or unescorted access to any facility 
subject to NRC regulation.
    3. All fingerprints obtained by the licensee under this Order, must 
be submitted to the Commission for transmission to the FBI.
    4. The licensee shall notify each affected individual that the 
fingerprints will be used to conduct a review of his/her criminal 
history record and inform 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

[[Page 11301]]

(5) years, or has an active Federal security clearance. Written 
confirmation from the Agency/employer who granted the Federal security 
clearance or reviewed the CHRC must be provided to the licensee. The 
licensee must retain this documentation for a period of three years 
from the date the individual no longer requires access to the facility.
D. Prohibitions
    1. A licensee shall not base a final determination to deny an 
individual unescorted access to the protected area of an ISFSI solely 
on the basis of information received from the FBI involving: an arrest 
more than one (1) year old for which there is no information of the 
disposition of the case, or an arrest that resulted in dismissal of the 
charge, or an acquittal.
    2. A licensee shall not use information received from a CHRC 
obtained pursuant to this Order in a manner that would infringe upon 
the rights of any individual under the First Amendment to the 
Constitution of the United States, nor shall the licensee use the 
information in any way that would discriminate among individuals on the 
basis of race, religion, national origin, sex, or age.
E. Procedures for Processing Fingerprint Checks
    1. For the purpose of complying with this Order, licensees shall, 
using an appropriate method listed in 10 CFR 73.4, submit to the NRC's 
Division of Facilities and Security, Mail Stop T-03B46M, 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 (630) 829-9565, or by 
email to [email protected]. Practicable alternative formats are set forth 
in 10 CFR 73.4. The licensee shall establish procedures to ensure that 
the quality of the fingerprints taken results in minimizing the 
rejection rate of fingerprint cards because of illegible or incomplete 
cards.
    2. The NRC will review submitted fingerprint cards for 
completeness. Any Form FD-258 fingerprint record containing omissions 
or evident errors will be returned to the licensee for corrections. The 
fee for processing fingerprint checks includes one re-submission if the 
initial submission is returned by the FBI because the fingerprint 
impressions cannot be classified. The one free re-submission must have 
the FBI Transaction Control Number reflected on the re-submission. If 
additional submissions are necessary, they will be treated as initial 
submittals and will require a second payment of the processing fee.
    3. Fees for processing fingerprint checks are due upon application. 
The licensee shall submit payment of the processing fees 
electronically. To be able to submit secure electronic payments, 
licensees will need to establish an account with Pay.Gov (https://www.pay.gov). To request an account, the licensee shall send an email 
to [email protected]. The email must include the licensee's company name, 
address, point of contact (POC), POC email address, and phone number. 
The NRC will forward the request to Pay.Gov; who will contact the 
licensee with a password and user lD. Once the licensee has established 
an account and submitted payment to Pay.Gov, they shall obtain a 
receipt. The licensee shall submit the receipt from Pay.Gov to the NRC 
along with fingerprint cards. For additional guidance on making 
electronic payments, contact the Facilities Security Branch, Division 
of Facilities and Security, at (301) 415-7513. 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 
one (1) year from the date of notification.
    2. If, after reviewing the record, an individual believes that it 
is incorrect or incomplete in any respect and wishes to change, 
correct, or update the alleged deficiency, or to explain any matter in 
the record, the individual may initiate challenge procedures. These 
procedures include either direct application by the individual 
challenging the record to the agency (i.e., law enforcement agency) 
that contributed the questioned information, or direct challenge as to 
the accuracy or completeness of any entry on the criminal history 
record to the Assistant Director, Federal Bureau of Investigation 
Identification Division, Washington, DC 20537-9700 (as set forth in 28 
CFR 16.30 through 16.34). In the latter case, the FBI forwards the 
challenge to the agency that submitted the data and requests that 
agency to verify or correct the challenged entry. Upon receipt of an 
official communication directly from the agency that contributed the 
original information, the FBI Identification Division makes any changes 
necessary in accordance with the information supplied by that agency. 
The licensee must provide at least 10 days for an individual to 
initiate an action challenging the results of a FBI CHRC after the 
record is made available for his/her review. The licensee may make a 
final access determination based on the criminal history record only 
upon receipt of the FBI's ultimate confirmation or correction of the 
record. Upon a final adverse determination on access to an ISFSI, the 
licensee shall provide the individual its documented basis for denial. 
Access to an ISFSI shall not be granted to an individual during the 
review process.
G. Protection of Information
    1. The licensee shall develop, implement, and maintain a system for 
personnel information management with appropriate procedures for the 
protection of personal, confidential information. This system shall be 
designed to prohibit unauthorized access to sensitive information and 
to 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

[[Page 11302]]

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. 2016-04749 Filed 3-2-16; 8:45 am]
 BILLING CODE 7590-01-P



                                                  11296                         Federal Register / Vol. 81, No. 42 / Thursday, March 3, 2016 / Notices

                                                  I. Introduction                                            1. In a letter dated October 7, 2014,              complies with the standards and
                                                     The NRC is granting an exemption                     and supplemented by letter dated                      requirements of the Atomic Energy Act
                                                  from Tier 1 information in the certified                September 4, 2015, the licensee                       of 1954, as amended (the Act), and the
                                                  DCD incorporated by reference in part                   requested from the Commission an                      Commission’s rules and regulations.
                                                  52 of title 10 of the Code of Federal                   exemption to allow departures from Tier               The Commission has made appropriate
                                                  Regulations (10 CFR), appendix D,                       1 information in the certified DCD                    findings as required by the Act and the
                                                  ‘‘Design Certification Rule for the                     incorporated by reference in 10 CFR                   Commission’s rules and regulations in
                                                  AP1000 Design,’’ and issuing License                    part 52, appendix D as part of license                10 CFR Chapter I, which are set forth in
                                                  Amendment No. 43 to COLs, NPF–91                        amendment request 14–006, ‘‘Addition                  the license amendment.
                                                                                                          of Instruments to Design Reliability                     A notice of consideration of issuance
                                                  and NPF–92, to the licensee. The
                                                                                                          Assurance Program (D–RAP).’’                          of amendment to facility operating
                                                  exemption is required by Paragraph A.4
                                                                                                             For the reasons set forth in Section 3.1           license or combined license, as
                                                  of Section VIII, ‘‘Processes for Changes
                                                                                                          of the NRC staff’s Safety Evaluation that             applicable, proposed no significant
                                                  and Departures,’’ appendix D to 10 CFR
                                                                                                          supports this license amendment, which                hazards consideration determination,
                                                  part 52 to allow the licensee to depart
                                                                                                          can be found at ADAMS Accession No.                   and opportunity for a hearing in
                                                  from Tier 1 information. With the
                                                                                                          ML15258A559, the Commission finds                     connection with these actions, was
                                                  requested amendment, the licensee
                                                                                                          that:                                                 published in the Federal Register on
                                                  sought a change to the feedwater
                                                                                                             A. The exemption is authorized by                  July 7, 2015 (80 FR 38761). The
                                                  controller program so it will respond as
                                                                                                          law;                                                  September 4, 2015, supplement had no
                                                  required to plant transients while                         B. the exemption presents no undue                 effect on the no significant hazards
                                                  minimizing the potential for actuation                  risk to public health and safety;                     consideration determination, and no
                                                  when it is not desirable.                                  C. the exemption is consistent with
                                                     Part of the justification for granting                                                                     comments were received during the 30-
                                                                                                          the common defense and security;                      day comment period.
                                                  the exemption was provided by the                          D. special circumstances are present                  The Commission has determined that
                                                  review of the amendment. Because the                    in that the application of the rule in this           these amendments satisfy the criteria for
                                                  exemption is necessary in order to issue                circumstance is not necessary to serve                categorical exclusion in accordance
                                                  the requested license amendment, the                    the underlying purpose of the rule;                   with 10 CFR 51.22. Therefore, pursuant
                                                  NRC granted the exemption and issued                       E. the special circumstances outweigh              to 10 CFR 51.22(b), no environmental
                                                  the amendment concurrently, rather                      any decrease in safety that may result                impact statement or environmental
                                                  than in sequence. This included issuing                 from the reduction in standardization                 assessment need be prepared for these
                                                  a combined safety evaluation containing                 caused by the exemption; and                          amendments.
                                                  the NRC staff’s review of both the                         F. the exemption will not result in a
                                                  exemption request and the license                       significant decrease in the level of safety           IV. Conclusion
                                                  amendment. The exemption met all                        otherwise provided by the design.                        Using the reasons set forth in the
                                                  applicable regulatory criteria set forth in                2. Accordingly, the licensee is granted            combined safety evaluation, the staff
                                                  10 CFR 50.12, 10 CFR 52.7, and Section                  an exemption from the certified DCD                   granted the exemption and issued the
                                                  VIII.A.4 of appendix D to 10 CFR part                   Tier 1, as described in the licensee’s                amendment that the licensee requested
                                                  52. The license amendment was found                     request dated October 7, 2014, and                    on October 7, 2014, as supplemented by
                                                  to be acceptable as well. The combined                  supplemented by letter dated September                letter dated September 4, 2015. The
                                                  safety evaluation is available in ADAMS                 4, 2015. This exemption is related to,                exemption and amendment were issued
                                                  under Accession No. ML15258A559.                        and necessary for, the granting of                    on January 12, 2016 as part of a
                                                     Identical exemption documents                        License Amendment No. 43, which is                    combined package to the licensee
                                                  (except for referenced unit numbers and                 being issued concurrently with this                   (ADAMS Accession No. ML15258A465).
                                                  license numbers) were issued to the                     exemption.
                                                  licensee for VEGP Units 3 and 4 (COLs                                                                           Dated at Rockville, Maryland, this 25th day
                                                                                                             3. As explained in Section 5.0 of the              of February 2016.
                                                  NPF–91 and NPF–92). The exemption                       NRC staff’s Safety Evaluation that                      For the Nuclear Regulatory Commission.
                                                  documents for VEGP Units 3 and 4 can                    supports this license amendment
                                                  be found in ADAMS under Accession                                                                             John McKirgan,
                                                                                                          (ADAMS Accession No. ML15258A559),
                                                  Nos. ML15258A536 and ML15258A550,                                                                             Chief, Licensing Branch 4, Division of New
                                                                                                          this exemption meets the eligibility
                                                  respectively. The exemption is                                                                                Reactor Licensing, Office of New Reactors.
                                                                                                          criteria for categorical exclusion set
                                                  reproduced (with the exception of                                                                             [FR Doc. 2016–04754 Filed 3–2–16; 8:45 am]
                                                                                                          forth in 10 CFR 51.22(c)(9). Therefore,
                                                  abbreviated titles and additional                       pursuant to 10 CFR 51.22(b), no                       BILLING CODE 7590–01–P
                                                  citations) in Section II of this document.              environmental impact statement or
                                                  The amendment documents for COLs                        environmental assessment needs to be
                                                  NPF–91 and NPF–92 are available in                                                                            NUCLEAR REGULATORY
                                                                                                          prepared in connection with the
                                                  ADAMS under Accession Nos.                                                                                    COMMISSION
                                                                                                          issuance of the exemption.
                                                  ML15258A479 and ML15258A530,                               4. This exemption is effective as of the           [Docket No. 72–1035: EA–16–005: NRC–
                                                  respectively. A summary of the                          date of its issuance.                                 2016–0046]
                                                  amendment documents is provided in
                                                  Section III of this document.                           III. License Amendment Request                        In The Matter of Duke Energy
                                                                                                             By letter dated October 7, 2014, and               Corporation, Crystal River Nuclear
                                                  II. Exemption                                                                                                 Generating Station, Independent Spent
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                                                                                                          supplemented by letter dated September
                                                     Reproduced below is the exemption                    4, 2015, the licensee requested that the              Fuel Storage Installation: Order
                                                  document issued to Vogtle Units 3 and                   NRC amend the COLs for VEGP, Units                    Modifying License (Effective
                                                  4. It makes reference to the combined                   3 and 4, COLs NPF–91 and NPF–92. The                  Immediately)
                                                  safety evaluation that provides the                     proposed amendment is described in                    AGENCY: Nuclear Regulatory
                                                  reasoning for the findings made by the                  Section I, above.                                     Commission.
                                                  NRC (and listed under Item 1) in order                     The Commission has determined for
                                                                                                                                                                ACTION: Order; modification.
                                                  to grant the exemption:                                 these amendments that the application


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                                                                                Federal Register / Vol. 81, No. 42 / Thursday, March 3, 2016 / Notices                                            11297

                                                  SUMMARY:    The U.S. Nuclear Regulatory                 I                                                     information provided by the intelligence
                                                  Commission (NRC) has issued a general                      The NRC has issued a general license               community, the Commission has
                                                  license to the Duke Energy Corporation                  to Duke Energy Corporation, (Duke),                   determined that certain additional
                                                  (Duke), authorizing the operation of the                authorizing the operation of an ISFSI, in             security measures (ASMs) are required
                                                  Crystal River Nuclear Generating Plant                  accordance with the Atomic Energy Act                 to address the current threat
                                                  Independent Spent Fuel Storage                          of 1954, as amended, and 10 CFR part                  environment, in a consistent manner
                                                  Installation (ISFSI), in accordance with                72. This Order is being issued to Duke                throughout the nuclear ISFSI
                                                  its regulations. The Order is being                     because DUKE has identified near-term                 community. Therefore, the Commission
                                                  issued to Duke to impose additional                                                                           is imposing requirements, as set forth in
                                                                                                          plans to store spent fuel in an ISFSI
                                                  security requirements because Duke has                                                                        Attachments 1 and 2 of this Order, on
                                                                                                          under the general license provisions of
                                                  identified near term plans to store spent                                                                     all licensees of these facilities. These
                                                                                                          10 CFR part 72. The Commission’s
                                                  fuel in an ISFSI under the general                                                                            requirements, which supplement
                                                                                                          regulations at 10 CFR 72.212(b)(5), 10
                                                  license provisions of the NRC’s                                                                               existing regulatory requirements, will
                                                                                                          CFR 50.54(p)(1), and 10 CFR 73.55(c)(5)
                                                  regulations. The Order was issued                                                                             provide the Commission with
                                                                                                          require licensees to maintain safeguards
                                                  February 24, 2016, and became effective                                                                       reasonable assurance that the public
                                                                                                          contingency plan procedures to respond
                                                  immediately.                                                                                                  health and safety, and the environment,
                                                                                                          to threats of radiological sabotage and to
                                                                                                                                                                continue to be adequately protected,
                                                  ADDRESSES: Please refer to Docket ID                    protect the spent fuel against the threat
                                                                                                                                                                and that the common defense and
                                                  NRC–2016–0046 when contacting the                       of radiological sabotage, in accordance               security continue to be adequately
                                                  NRC about the availability of                           with 10 CFR part 73, appendix C.                      protected, in the current threat
                                                  information regarding this document.                    Specific physical security requirements               environment. These requirements will
                                                  You may obtain publicly-available                       are contained in 10 CFR 73.51 or 73.55,               remain in effect until the Commission
                                                  information related to this document                    as applicable.                                        determines otherwise.
                                                  using any of the following methods:                        Inasmuch as an insider has an                         The Commission recognizes that
                                                     • Federal Rulemaking Web site: Go to                 opportunity equal to, or greater than,                licensees may have already initiated
                                                  http://www.regulations.gov and search                   any other person, to commit radiological              many of the measures set forth in
                                                  for Docket ID NRC–2016–0046. Address                    sabotage, the Commission has                          Attachments 1 and 2 to this Order, in
                                                  questions about NRC dockets to Carol                    determined these measures to be                       response to previously issued
                                                  Gallagher; telephone: 301–415–3463;                     prudent. Comparable Orders have been                  Advisories, or on their own. It also
                                                  email: Carol.Gallagher@nrc.gov. For                     issued to all licensees that currently                recognizes that some measures may not
                                                  technical questions, contact the                        store spent fuel or have identified near-             be possible or necessary at some sites,
                                                  individual(s) listed in the FOR FURTHER                 term plans to store spent fuel in an                  or may need to be tailored to
                                                  INFORMATION CONTACT section of this                     ISFSI.                                                accommodate the specific
                                                  document.                                               II                                                    circumstances existing at Duke’s
                                                     • NRC’s Agencywide Documents                                                                               facility, to achieve the intended
                                                  Access and Management System                               On September 11, 2001, terrorists                  objectives and avoid any unforeseen
                                                  (ADAMS): You may obtain publicly-                       simultaneously attacked targets in New                effect on the safe storage of spent fuel.
                                                  available documents online in the                       York, NY, and near Washington, DC,                       Although the ASMs implemented by
                                                  ADAMS Public Documents collection at                    using large commercial aircraft as                    licensees in response to the Safeguards
                                                  http://www.nrc.gov/reading-rm/                          weapons. In response to the attacks and               and Threat Advisories have been
                                                  adams.html. To begin the search, select                 intelligence information subsequently                 sufficient to promote the common
                                                  ‘‘ADAMS Public Documents’’ and then                     obtained, the Commission issued a                     defense and security and to provide
                                                  select ‘‘Begin Web-based ADAMS                          number of Safeguards and Threat                       reasonable assurance of adequate
                                                  Search.’’ For problems with ADAMS,                      Advisories to its licensees to strengthen             protection of public health and safety,
                                                  please contact the NRC’s Public                         licensees’ capabilities and readiness to              in light of the continuing threat
                                                  Document Room (PDR) reference staff at                  respond to a potential attack on a                    environment, the Commission
                                                  1–800–397–4209, 301–415–4737, or by                     nuclear facility. On October 16, 2002,                concludes that these actions should be
                                                  email to pdr.resource@nrc.gov.                          the Commission issued Orders to the                   embodied in an Order, consistent with
                                                                                                          licensees of operating ISFSIs, to place               the established regulatory framework.
                                                  FOR FURTHER INFORMATION CONTACT: L.                     the actions taken in response to the                     To provide assurance that Duke is
                                                  Raynard Wharton, Office of Nuclear                      Advisories into the established                       implementing prudent measures to
                                                  Material Safety and Safeguards, U.S.                    regulatory framework and to implement                 achieve a consistent level of protection
                                                  Nuclear Regulatory Commission,                          additional security enhancements that                 to address the current threat
                                                  Washington, DC 20555–0001; telephone:                   emerged from NRC’s ongoing                            environment, Duke’s general license
                                                  301–415–7497; email:                                    comprehensive review. The                             issued pursuant to 10 CFR 72.210 shall
                                                  Raynard.Wharton@nrc.gov.                                Commission has also communicated                      be modified to include the requirements
                                                  SUPPLEMENTARY INFORMATION:                              with other Federal, State, and local                  identified in Attachments 1 and 2 to this
                                                                                                          government agencies and industry                      Order. In addition, pursuant to 10 CFR
                                                  Introduction
                                                                                                          representatives to discuss and evaluate               2.202, I find that, in light of the common
                                                     Pursuant to section 2.106 of title 10 of             the current threat environment in order               defense and security circumstances
                                                  the Code of Federal Regulations (10                     to assess the adequacy of security                    described above, the public health,
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                                                  CFR), the NRC is providing notice, in                   measures at licensed facilities. In                   safety, and interest require that this
                                                  the matter of Duke Energy Corporation’s                 addition, the Commission has                          Order be effective immediately.
                                                  Independent Spent Fuel Storage                          conducted a comprehensive review of
                                                  Installation (ISFSI) Order Modifying                    its safeguards and security programs                  III
                                                  License (Effective Immediately). The                    and requirements.                                        Accordingly, pursuant to Sections 53,
                                                  text of the Order (w/o attachments,                        As a result of its consideration of                103, 104, 147, 149, 161b, 161i, 161o,
                                                  which contain Safeguards Information)                   current safeguards and security                       182, and 186 of the Atomic Energy Act
                                                  is as follows:                                          requirements, as well as a review of                  of 1954, as amended, and the


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                                                  11298                         Federal Register / Vol. 81, No. 42 / Thursday, March 3, 2016 / Notices

                                                  Commission’s regulations in 10 CFR                      compliance with each requirement                      accordance with the NRC’s E-Filing rule
                                                  2.202 and 10 CFR parts 50, 72, and 73,                  described in Attachments 1 and 2.                     (72 FR 49139; August 28, 2007). The E-
                                                  it is hereby ordered, effective                           2. Duke shall report to the                         Filing process requires participants to
                                                  immediately, that your general license is               Commission when it has achieved full                  submit and serve all adjudicatory
                                                  modified as follows:                                    compliance with the requirements                      documents over the Internet, or in some
                                                     A. Duke shall comply with the                        described in Attachments 1 and 2.                     cases to mail copies on electronic
                                                  requirements described in Attachments                     D. All measures implemented or                      storage media. Participants may not
                                                  1 and 2 to this Order, except to the                    actions taken in response to this Order               submit paper copies of their filings
                                                  extent that a more stringent requirement                shall be maintained until the                         unless they seek an exemption in
                                                  is set forth in the Crystal River Nuclear               Commission determines otherwise.                      accordance with the procedures
                                                  Generating Plant’s physical security                      Duke’s response to Conditions B.1,                  described below.
                                                  plan. Duke shall demonstrate its ability                B.2, C.1, and C.2, above, shall be                       To comply with the procedural
                                                  to comply with the requirements in                      submitted in accordance with 10 CFR                   requirements of E-Filing, at least 10
                                                  Attachments 1 and 2 to the Order no                     72.4. In addition, submittals and                     days prior to the filing deadline, the
                                                  later than 365 days from the date of this               documents produced by Duke as a result                participant should contact the Office of
                                                  Order or 90 days before the first day that              of this Order, that contain Safeguards                the Secretary by email at
                                                  spent fuel is initially placed in the                   Information as defined by 10 CFR 73.22,               hearing.docket@nrc.gov, or by telephone
                                                  ISFSI, whichever is earlier. Duke must                  shall be properly marked and handled,                 at 301–415–1677, to request (1) a digital
                                                  implement these requirements before                     in accordance with 10 CFR 73.21 and                   identification (ID) certificate, which
                                                  initially placing spent fuel in the ISFSI.              73.22.                                                allows the participant (or its counsel or
                                                                                                            The Director, Office of Nuclear
                                                  Additionally, Duke must receive written                                                                       representative) to digitally sign
                                                                                                          Material Safety and Safeguards, may, in
                                                  verification from the NRC (Office of                                                                          documents and access the E-Submittal
                                                                                                          writing, relax or rescind any of the
                                                  Nuclear Material Safety and Safeguards)                                                                       server for any proceeding in which it is
                                                                                                          above conditions, for good cause.
                                                  that it has adequately demonstrated                                                                           participating; and (2) advise the
                                                  compliance with these requirements                      IV                                                    Secretary that the participant will be
                                                  before initially placing spent fuel in the                 In accordance with 10 CFR 2.202,                   submitting a request or petition for
                                                  ISFSI.                                                  Duke must, and any other person                       hearing (even in instances in which the
                                                     B. 1. Duke shall, within twenty (20)                 adversely affected by this Order may,                 participant, or its counsel or
                                                  days of the date of this Order, notify the              submit an answer to this Order within                 representative, already holds an NRC-
                                                  Commission: (1) If it is unable to                      20 days of its publication in the Federal             issued digital ID certificate). Based upon
                                                  comply with any of the requirements                     Register. In addition, Duke and any                   this information, the Secretary will
                                                  described in Attachments 1 and 2; (2) if                other person adversely affected by this               establish an electronic docket for the
                                                  compliance with any of the                              Order may request a hearing on this                   hearing in this proceeding if the
                                                  requirements is unnecessary, in its                     Order within 20 days of its publication               Secretary has not already established an
                                                  specific circumstances; or (3) if                       in the Federal Register. Where good                   electronic docket.
                                                  implementation of any of the                            cause is shown, consideration will be                    Information about applying for a
                                                  requirements would cause Duke to be in                  given to extending the time to answer or              digital ID certificate is available on the
                                                  violation of the provisions of any                      request a hearing. A request for                      NRC’s public Web site at http://
                                                  Commission regulation or the facility                   extension of time must be made, in                    www.nrc.gov/site-help/e-submittals/
                                                  license. The notification shall provide                 writing, to the Director, Office of                   getting-started.html. System
                                                  Duke’s justification for seeking relief                 Nuclear Material Safety and Safeguards,               requirements for accessing the E-
                                                  from, or variation of, any specific                     U.S. Nuclear Regulatory Commission,                   Submittal server are detailed in the
                                                  requirement.                                            Washington, DC 20555–0001, and                        NRC’s ‘‘Guidance for Electronic
                                                     2. If Duke considers that                            include a statement of good cause for                 Submission,’’ which is available on the
                                                  implementation of any of the                            the extension.                                        agency’s public Web site at http://
                                                  requirements described in Attachments                      The answer may consent to this                     www.nrc.gov/site-help/e-
                                                  1 and 2 to this Order would adversely                   Order. If the answer includes a request               submittals.html. Participants may
                                                  impact the safe storage of spent fuel,                  for a hearing, it shall, under oath or                attempt to use other software not listed
                                                  Duke must notify the Commission,                        affirmation, specifically set forth the               on the Web site, but should note that the
                                                  within twenty (20) days of this Order, of               matters of fact and law on which Duke                 NRC’s E-Filing system does not support
                                                  the adverse safety impact, the basis for                relies and the reasons as to why the                  unlisted software, and the NRC Meta
                                                  its determination that the requirement                  Order should not have been issued. If a               System Help Desk will not be able to
                                                  has an adverse safety impact, and either                person other than Duke requests a                     offer assistance in using unlisted
                                                  a proposal for achieving the same                       hearing, that person shall set forth with             software.
                                                  objectives specified in Attachments 1                   particularity the manner in which his/                   If a participant is electronically
                                                  and 2 requirements in question, or a                    her interest is adversely affected by this            submitting a document to the NRC in
                                                  schedule for modifying the facility, to                 Order and shall address the criteria set              accordance with the E-Filing rule, the
                                                  address the adverse safety condition. If                forth in 10 CFR 2.309(d) and (f).                     participant must file the document
                                                  neither approach is appropriate, Duke                      All documents filed in NRC                         using the NRC’s online, Web-based
                                                  must supplement its response to                         adjudicatory proceedings, including a                 submission form. In order to serve
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                                                  Condition B.1 of this Order to identify                 request for hearing, a petition for leave             documents through the Electronic
                                                  the condition as a requirement with                     to intervene, any motion or other                     Information Exchange System, users
                                                  which it cannot comply, with attendant                  document filed in the proceeding prior                will be required to install a Web
                                                  justifications, as required under                       to the submission of a request for                    browser plug-in from the NRC’s Web
                                                  Condition B.1.                                          hearing or petition to intervene, and                 site. Further information on the Web-
                                                     C. 1. Duke shall, within twenty (20)                 documents filed by interested                         based submission form, including the
                                                  days of this Order, submit to the                       governmental entities participating                   installation of the Web browser plug-in,
                                                  Commission a schedule for achieving                     under 10 CFR 2.315(c), must be filed in               is available on the NRC’s public Web


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                                                                                Federal Register / Vol. 81, No. 42 / Thursday, March 3, 2016 / Notices                                              11299

                                                  site at http://www.nrc.gov/site-help/e-                 11555 Rockville Pike, Rockville,                      an extension of time for requesting a
                                                  submittals.html.                                        Maryland 20852, Attention: Rulemaking                 hearing has been approved, the
                                                     Once a participant has obtained a                    and Adjudications Staff. Participants                 provisions of this Order, as specified in
                                                  digital ID certificate and a docket has                 filing a document in this manner are                  Section III, shall be final when the
                                                  been created, the participant can then                  responsible for serving the document on               extension expires, if a hearing request
                                                  submit a request for hearing or petition                all other participants. Filing is                     has not been received. An answer or a
                                                  for leave to intervene. Submissions                     considered complete by first-class mail               request for hearing shall not stay the
                                                  should be in Portable Document Format                   as of the time of deposit in the mail, or             immediate effectiveness of this order.
                                                  (PDF) in accordance with NRC guidance                   by courier, express mail, or expedited                  Dated at Rockville, Maryland, this 24th day
                                                  available on the NRC’s public Web site                  delivery service upon depositing the                  of February 2016.
                                                  at http://www.nrc.gov/site-help/e-                      document with the provider of the                       For the Nuclear Regulatory Commission.
                                                  submittals.html. A filing is considered                 service. A presiding officer, having
                                                                                                                                                                Scott W. Moore,
                                                  complete at the time the documents are                  granted an exemption request from
                                                  submitted through the NRC’s E-Filing                    using E-Filing, may require a participant             Acting Director, Office of Nuclear Material
                                                  system. To be timely, an electronic                                                                           Safety and Safeguards.
                                                                                                          or party to use E-Filing if the presiding
                                                  filing must be submitted to the E-Filing                officer subsequently determines that the              Attachment 1—Additional Security
                                                  system no later than 11:59 p.m. Eastern                 reason for granting the exemption from                Measures (ASMs) for Physical
                                                  Time on the due date. Upon receipt of                   use of E-Filing no longer exists.                     Protection of Dry Independent Spent
                                                  a transmission, the E-Filing system                        Documents submitted in adjudicatory                Fuel Storage Installations (ISFSIs)
                                                  time-stamps the document and sends                      proceedings will appear in the NRC’s                  Contains Safeguards Information and Is
                                                  the submitter an email notice                           electronic hearing docket which is                    Not Included in the Federal Register
                                                  confirming receipt of the document. The                 available to the public at http://                    Notice
                                                  E-Filing system also distributes an email               ehd1.nrc.gov/ehd/, unless excluded
                                                  notice that provides access to the                      pursuant to an order of the Commission,               Attachment 2—Additional Security
                                                  document to the NRC’s Office of the                     or the presiding officer. Participants are            Measures for Access Authorization and
                                                  General Counsel and any others who                      requested not to include personal                     Fingerprinting at Independent Spent
                                                  have advised the Office of the Secretary                privacy information, such as social                   Fuel Storage Installations, Dated
                                                  that they wish to participate in the                    security numbers, home addresses, or                  February 4, 2016
                                                  proceeding, so that the filer need not                  home phone numbers in their filings,                  A. General Basis Criteria
                                                  serve the documents on those                            unless an NRC regulation or other law
                                                  participants separately. Therefore,                     requires submission of such                              1. These additional security measures
                                                  applicants and other participants (or                   information. However, in some                         (ASMs) are established to delineate an
                                                  their counsel or representative) must                   instances, a request to intervene will                independent spent fuel storage
                                                  apply for and receive a digital ID                      require including information on local                installation (ISFSI) licensee’s
                                                  certificate before a hearing request/                   residence in order to demonstrate a                   responsibility to enhance security
                                                  petition to intervene is filed so that they             proximity assertion of interest in the                measures related to authorization for
                                                  can obtain access to the document via                   proceeding. With respect to copyrighted               unescorted access to the protected area
                                                  the E-Filing system.                                    works, except for limited excerpts that               of an ISFSI in response to the current
                                                     A person filing electronically using                 serve the purpose of the adjudicatory                 threat environment.
                                                  the NRC’s adjudicatory E-Filing system                  filings and would constitute a Fair Use                  2. Licensees whose ISFSI is collocated
                                                  may seek assistance by contacting the                   application, participants are requested               with a power reactor may choose to
                                                  NRC Meta System Help Desk through                       not to include copyrighted materials in               comply with the U.S. Nuclear
                                                  the ‘‘Contact Us’’ link located on the                  their submission.                                     Regulatory Commission (NRC)-approved
                                                  NRC’s public Web site at http://                           If a hearing is requested by Duke or               reactor access authorization program for
                                                  www.nrc.gov/site-help/e-                                a person whose interest is adversely                  the associated reactor as an alternative
                                                  submittals.html, by email to                            affected, the Commission will issue an                means to satisfy the provisions of
                                                  MSHD.Resource@nrc.gov, or by a toll-                    Order designating the time and place of               sections B through G below. Otherwise,
                                                  free call at 1–866–672–7640. The NRC                    any hearing. If a hearing is held, the                licensees shall comply with the access
                                                  Meta System Help Desk is available                      issue to be considered at such hearing                authorization and fingerprinting
                                                  between 8 a.m. and 8 p.m., Eastern                      shall be whether this Order should be                 requirements of section B through G of
                                                  Time, Monday through Friday,                            sustained.                                            these ASMs.
                                                  excluding government holidays.                             Pursuant to 10 CFR 2.202(c)(2)(i),                    3. Licensees shall clearly distinguish
                                                     Participants who believe that they                   Duke may, in addition to requesting a                 in their 20-day response which method
                                                  have a good cause for not submitting                    hearing, at the time the answer is filed              they intend to use in order to comply
                                                  documents electronically must file an                   or sooner, move the presiding officer to              with these ASMs.
                                                  exemption request, in accordance with                   set aside the immediate effectiveness of
                                                                                                                                                                B. Additional Security Measures for
                                                  10 CFR 2.302(g), with their initial paper               the Order on the grounds that the Order,
                                                  filing requesting authorization to                                                                            Access Authorization Program
                                                                                                          including the need for immediate
                                                  continue to submit documents in paper                   effectiveness, is not based on adequate                  1. The licensee shall develop,
                                                  format. Such filings must be submitted                  evidence, but on mere suspicion,                      implement and maintain a program, or
                                                  by: (1) First class mail addressed to the               unfounded allegations, or error.                      enhance its existing program, designed
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                                                  Office of the Secretary of the                             In the absence of any request for                  to ensure that persons granted
                                                  Commission, U.S. Nuclear Regulatory                     hearing, or written approval of an                    unescorted access to the protected area
                                                  Commission, Washington, DC 20555–                       extension of time in which to request a               of an ISFSI are trustworthy and reliable
                                                  0001, Attention: Rulemaking and                         hearing, the provisions as specified in               and do not constitute an unreasonable
                                                  Adjudications Staff; or (2) courier,                    Section III shall be final twenty (20)                risk to the public health and safety for
                                                  express mail, or expedited delivery                     days from the date this Order is                      the common defense and security,
                                                  service to the Office of the Secretary,                 published in the Federal Register,                    including a potential to commit
                                                  Sixteenth Floor, One White Flint North,                 without further Order or proceedings. If              radiological sabotage.


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                                                  11300                         Federal Register / Vol. 81, No. 42 / Thursday, March 3, 2016 / Notices

                                                     a. To establish trustworthiness and                     d. A review of the applicant’s                     an ISFSI. This individual, referred to as
                                                  reliability, the licensee shall develop,                criminal history, obtained from local                 the ‘‘reviewing official,’’ must be
                                                  implement, and maintain procedures for                  criminal justice resources, may be                    someone who requires unescorted
                                                  conducting and completing background                    included in addition to the FBI CHRC,                 access to the ISFSI. The NRC will
                                                  investigations, prior to granting access.               and is encouraged if the results of the               review the CHRC of any individual
                                                  The scope of background investigations                  FBI CHRC, employment check, or credit                 nominated to perform the reviewing
                                                  must address at least the past three                    check disclose derogatory information.                official function. Based on the results of
                                                  years and, as a minimum, must include:                  The scope of the applicant’s local                    the CHRC, the NRC staff will determine
                                                     i. Fingerprinting and a Federal Bureau               criminal history check shall cover all                whether this individual may have
                                                  of Investigation (FBI) identification and               residences of record for the past three               access. If the NRC determines that the
                                                  criminal history records check (CHRC).                  years from the date of the application                nominee may not be granted such
                                                  Where an applicant for unescorted                       for unescorted access.                                access, that individual will be
                                                  access has been previously fingerprinted                   2. The licensee shall use any                      prohibited from obtaining access.1 Once
                                                  with a favorably completed CHRC, (such                  information obtained as part of a CHRC                the NRC approves a reviewing official,
                                                  as a CHRC pursuant to compliance with                   solely for the purpose of determining an              the reviewing official is the only
                                                  orders for access to safeguards                         individual’s suitability for unescorted               individual permitted to make access
                                                  information) the licensee may accept the                access to the protected area of an ISFSI.             determinations for other individuals
                                                  results of that CHRC, and need not                         3. The licensee shall document the                 who have been identified by the
                                                  submit another set of fingerprints,                     basis for its determination for granting              licensee as having the need for
                                                  provided the CHRC was completed not                     or denying access to the protected area               unescorted access to the ISFSI, and have
                                                  more than three years from the date of                  of an ISFSI.                                          been fingerprinted and have had a
                                                  the application for unescorted access.                     4. The licensee shall develop,                     CHRC in accordance with these ASMs.
                                                     ii. Verification of employment with                  implement, and maintain procedures for                The reviewing official can only make
                                                  each previous employer for the most                     updating background investigations for                access determinations for other
                                                  recent year from the date of application.               persons who are applying for                          individuals, and therefore cannot
                                                     iii. Verification of employment with                 reinstatement of unescorted access.                   approve other individuals to act as
                                                  an employer of the longest duration                     Licensees need not conduct an                         reviewing officials. Only the NRC can
                                                  during any calendar month for the                       independent reinvestigation for                       approve a reviewing official. Therefore,
                                                  remaining next most recent two years.                   individuals who possess active ‘‘Q’’ or               if the licensee wishes to have a new or
                                                                                                          ‘‘L’’ clearances or possess another active            additional reviewing official, the NRC
                                                     iv. A full credit history review.
                                                                                                          U.S. Government granted security                      must approve that individual before he
                                                     v. An interview with not less than two
                                                                                                          clearance, i.e., Top Secret, Secret or                or she can act in the capacity of a
                                                  character references, developed by the
                                                                                                          Confidential.                                         reviewing official.
                                                  investigator.                                              5. The licensee shall develop,
                                                     vi. A review of official identification                                                                       2. No person may have access to
                                                                                                          implement, and maintain procedures for                Safeguards Information (SGI) or
                                                  (e.g., driver’s license; passport;                      reinvestigations of persons granted
                                                  government identification; state-,                                                                            unescorted access to any facility subject
                                                                                                          unescorted access, at intervals not to                to NRC regulation, if the NRC has
                                                  province-, or country-of-birth issued                   exceed five years. Licensees need not
                                                  certificate of birth) to allow comparison                                                                     determined, in accordance with its
                                                                                                          conduct an independent reinvestigation                administrative review process based on
                                                  of personal information data provided                   for individuals employed at a facility
                                                  by the applicant. The licensee shall                                                                          fingerprinting and an FBI identification
                                                                                                          who possess active ‘‘Q’’ or ‘‘L’’                     and CHRC, that the person may not have
                                                  maintain a photocopy of the identifying                 clearances or possess another active
                                                  document(s) on file, in accordance with                                                                       access to SGI or unescorted access to
                                                                                                          U.S. Government granted security                      any facility subject to NRC regulation.
                                                  ‘‘Protection of Information,’’ in Section               clearance, i.e., Top Secret, Secret or
                                                  G of these ASMs.                                                                                                 3. All fingerprints obtained by the
                                                                                                          Confidential.                                         licensee under this Order, must be
                                                     vii. Licensees shall confirm eligibility                6. The licensee shall develop,
                                                  for employment through the regulations                                                                        submitted to the Commission for
                                                                                                          implement, and maintain procedures
                                                  of the U.S. Department of Homeland                                                                            transmission to the FBI.
                                                                                                          designed to ensure that persons who                      4. The licensee shall notify each
                                                  Security, U.S. Citizenship and                          have been denied unescorted access
                                                  Immigration Services, and shall verify                                                                        affected individual that the fingerprints
                                                                                                          authorization to the facility are not                 will be used to conduct a review of his/
                                                  and ensure, to the extent possible, the                 allowed access to the facility, even
                                                  accuracy of the provided social security                                                                      her criminal history record and inform
                                                                                                          under escort.                                         the individual of the procedures for
                                                  number and alien registration number,                      7. The licensee shall develop,
                                                  as applicable.                                                                                                revising the record or including an
                                                                                                          implement, and maintain an audit
                                                     b. The procedures developed or                                                                             explanation in the record, as specified
                                                                                                          program for licensee and contractor/
                                                  enhanced shall include measures for                                                                           in the ‘‘Right to Correct and Complete
                                                                                                          vendor access authorization programs
                                                  confirming the term, duration, and                                                                            Information,’’ in section F of these
                                                                                                          that evaluate all program elements and
                                                  character of military service for the past                                                                    ASMs.
                                                                                                          include a person knowledgeable and
                                                  three years, and/or academic enrollment                                                                          5. Fingerprints need not be taken if
                                                                                                          practiced in access authorization
                                                  and attendance in lieu of employment,                                                                         the employed individual (e.g., a licensee
                                                                                                          program performance objectives to assist
                                                  for the past five years.                                                                                      employee, contractor, manufacturer, or
                                                                                                          in the overall assessment of the site’s
                                                                                                                                                                supplier) is relieved from the
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                                                     c. Licensees need not conduct an                     program effectiveness.
                                                  independent investigation for                                                                                 fingerprinting requirement by 10 CFR
                                                  individuals employed at a facility who                  C. Fingerprinting Program Requirements                73.61, has a favorably adjudicated U.S.
                                                  possess active ‘‘Q’’ or ‘‘L’’ clearances or               1. In a letter to the NRC, the licensee             Government CHRC within the last five
                                                  possess another active U.S.                             must nominate an individual who will                     1 The NRC’s determination of this individual’s
                                                  Government-granted security clearance                   review the results of the FBI CHRCs to                unescorted access to the ISFSI, in accordance with
                                                  (i.e., Top Secret, Secret, or                           make trustworthiness and reliability                  the process, is an administrative determination that
                                                  Confidential).                                          determinations for unescorted access to               is outside the scope of the Order.



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                                                                                Federal Register / Vol. 81, No. 42 / Thursday, March 3, 2016 / Notices                                            11301

                                                  (5) years, or has an active Federal                     submission if the initial submission is               incomplete in any respect and wishes to
                                                  security clearance. Written confirmation                returned by the FBI because the                       change, correct, or update the alleged
                                                  from the Agency/employer who granted                    fingerprint impressions cannot be                     deficiency, or to explain any matter in
                                                  the Federal security clearance or                       classified. The one free re-submission                the record, the individual may initiate
                                                  reviewed the CHRC must be provided to                   must have the FBI Transaction Control                 challenge procedures. These procedures
                                                  the licensee. The licensee must retain                  Number reflected on the re-submission.                include either direct application by the
                                                  this documentation for a period of three                If additional submissions are necessary,              individual challenging the record to the
                                                  years from the date the individual no                   they will be treated as initial submittals            agency (i.e., law enforcement agency)
                                                  longer requires access to the facility.                 and will require a second payment of                  that contributed the questioned
                                                                                                          the processing fee.                                   information, or direct challenge as to the
                                                  D. Prohibitions                                            3. Fees for processing fingerprint                 accuracy or completeness of any entry
                                                     1. A licensee shall not base a final                 checks are due upon application. The                  on the criminal history record to the
                                                  determination to deny an individual                     licensee shall submit payment of the                  Assistant Director, Federal Bureau of
                                                  unescorted access to the protected area                 processing fees electronically. To be                 Investigation Identification Division,
                                                  of an ISFSI solely on the basis of                      able to submit secure electronic                      Washington, DC 20537–9700 (as set
                                                  information received from the FBI                       payments, licensees will need to                      forth in 28 CFR 16.30 through 16.34). In
                                                  involving: an arrest more than one (1)                  establish an account with Pay.Gov                     the latter case, the FBI forwards the
                                                  year old for which there is no                          (https://www.pay.gov). To request an                  challenge to the agency that submitted
                                                  information of the disposition of the                   account, the licensee shall send an                   the data and requests that agency to
                                                  case, or an arrest that resulted in                     email to det@nrc.gov. The email must                  verify or correct the challenged entry.
                                                  dismissal of the charge, or an acquittal.               include the licensee’s company name,                  Upon receipt of an official
                                                     2. A licensee shall not use                          address, point of contact (POC), POC                  communication directly from the agency
                                                  information received from a CHRC                        email address, and phone number. The                  that contributed the original
                                                  obtained pursuant to this Order in a                    NRC will forward the request to                       information, the FBI Identification
                                                  manner that would infringe upon the                     Pay.Gov; who will contact the licensee                Division makes any changes necessary
                                                  rights of any individual under the First                with a password and user lD. Once the                 in accordance with the information
                                                  Amendment to the Constitution of the                    licensee has established an account and               supplied by that agency. The licensee
                                                  United States, nor shall the licensee use               submitted payment to Pay.Gov, they                    must provide at least 10 days for an
                                                  the information in any way that would                   shall obtain a receipt. The licensee shall            individual to initiate an action
                                                  discriminate among individuals on the                   submit the receipt from Pay.Gov to the                challenging the results of a FBI CHRC
                                                  basis of race, religion, national origin,               NRC along with fingerprint cards. For                 after the record is made available for
                                                  sex, or age.                                            additional guidance on making                         his/her review. The licensee may make
                                                  E. Procedures for Processing Fingerprint                electronic payments, contact the                      a final access determination based on
                                                  Checks                                                  Facilities Security Branch, Division of               the criminal history record only upon
                                                                                                          Facilities and Security, at (301) 415–                receipt of the FBI’s ultimate
                                                     1. For the purpose of complying with                 7513. Combined payment for multiple                   confirmation or correction of the record.
                                                  this Order, licensees shall, using an                   applications is acceptable. The                       Upon a final adverse determination on
                                                  appropriate method listed in 10 CFR                     application fee (currently $26) is the                access to an ISFSI, the licensee shall
                                                  73.4, submit to the NRC’s Division of                   sum of the user fee charged by the FBI                provide the individual its documented
                                                  Facilities and Security, Mail Stop T–                   for each fingerprint card or other                    basis for denial. Access to an ISFSI shall
                                                  03B46M, one completed, legible                          fingerprint record submitted by the NRC               not be granted to an individual during
                                                  standard fingerprint card (Form FD–258,                 on behalf of a licensee, and an NRC                   the review process.
                                                  ORIMDNRCOOOZ) or, where                                 processing fee, which covers
                                                  practicable, other fingerprint records for                                                                    G. Protection of Information
                                                                                                          administrative costs associated with
                                                  each individual seeking unescorted                      NRC handling of licensee fingerprint                    1. The licensee shall develop,
                                                  access to an ISFSI, to the Director of the              submissions. The Commission will                      implement, and maintain a system for
                                                  Division of Facilities and Security,                    directly notify licensees who are subject             personnel information management
                                                  marked for the attention of the                         to this regulation of any fee changes.                with appropriate procedures for the
                                                  Division’s Criminal History Check                          4. The Commission will forward to                  protection of personal, confidential
                                                  Section. Copies of these forms may be                   the submitting licensee all data received             information. This system shall be
                                                  obtained by writing the Office of                       from the FBI as a result of the licensee’s            designed to prohibit unauthorized
                                                  Information Services, U.S. Nuclear                      application(s) for CHRCs, including the               access to sensitive information and to
                                                  Regulatory Commission, Washington,                      FBI fingerprint record.                               prohibit modification of the information
                                                  DC 20555–0001, by calling (630) 829–                                                                          without authorization.
                                                  9565, or by email to forms@nrc.gov.                     F. Right To Correct and Complete                        2. Each licensee who obtains a
                                                  Practicable alternative formats are set                 Information                                           criminal history record on an individual
                                                  forth in 10 CFR 73.4. The licensee shall                  1. Prior to any final adverse                       pursuant to this Order shall establish
                                                  establish procedures to ensure that the                 determination, the licensee shall make                and maintain a system of files and
                                                  quality of the fingerprints taken results               available to the individual the contents              procedures, for protecting the record
                                                  in minimizing the rejection rate of                     of any criminal history records obtained              and the personal information from
                                                  fingerprint cards because of illegible or               from the FBI for the purpose of assuring              unauthorized disclosure.
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                                                  incomplete cards.                                       correct and complete information.                       3. The licensee may not disclose the
                                                     2. The NRC will review submitted                     Written confirmation by the individual                record or personal information collected
                                                  fingerprint cards for completeness. Any                 of receipt of this notification must be               and maintained to persons other than
                                                  Form FD–258 fingerprint record                          maintained by the licensee for a period               the subject individual, his/her
                                                  containing omissions or evident errors                  of one (1) year from the date of                      representative, or to those who have a
                                                  will be returned to the licensee for                    notification.                                         need to access the information in
                                                  corrections. The fee for processing                       2. If, after reviewing the record, an               performing assigned duties in the
                                                  fingerprint checks includes one re-                     individual believes that it is incorrect or           process of determining suitability for


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                                                  11302                         Federal Register / Vol. 81, No. 42 / Thursday, March 3, 2016 / Notices

                                                  unescorted access to the protected area                 for Docket ID NRC–2016–0006. Address                    The NRC cautions you not to include
                                                  of an ISFSI. No individual authorized to                questions about NRC dockets to Carol                  identifying or contact information that
                                                  have access to the information may re-                  Gallagher; telephone: 301–415–3463;                   you do not want to be publicly
                                                  disseminate the information to any                      email: Carol.Gallagher@nrc.gov. For                   disclosed in your comment submission.
                                                  other individual who does not have the                  technical questions, contact the                      The NRC will post all comment
                                                  appropriate need to know.                               individuals listed in the FOR FURTHER                 submissions at http://
                                                     4. The personal information obtained                 INFORMATION CONTACT section of this                   www.regulations.gov as well as enter the
                                                  on an individual from a CHRC may be                     document.                                             comment submissions into ADAMS.
                                                  transferred to another licensee if the                    • Mail comments to: Cindy Bladey,                   The NRC does not routinely edit
                                                  gaining licensee receives the                           Office of Administration, Mail Stop:                  comment submissions to remove
                                                  individual’s written request to re-                     OWFN–12–H08, U.S. Nuclear                             identifying or contact information.
                                                  disseminate the information contained                   Regulatory Commission, Washington,                      If you are requesting or aggregating
                                                  in his/her file, and the gaining licensee               DC 20555–0001.                                        comments from other persons for
                                                  verifies information such as the                          For additional direction on obtaining               submission to the NRC, then you should
                                                  individual’s name, date of birth, social                information and submitting comments,                  inform those persons not to include
                                                  security number, sex, and other                         see ‘‘Obtaining Information and                       identifying or contact information that
                                                  applicable physical characteristics for                 Submitting Comments’’ in the                          they do not want to be publicly
                                                  identification purposes.                                SUPPLEMENTARY INFORMATION section of                  disclosed in their comment submission.
                                                     5. The licensee shall make criminal                  this document.                                        Your request should state that the NRC
                                                  history records, obtained under this                                                                          does not routinely edit comment
                                                  section, available for examination by an                FOR FURTHER INFORMATION CONTACT:
                                                                                                          Maurin Scheetz, telephone: 301–415–                   submissions to remove such information
                                                  authorized representative of the NRC to                                                                       before making the comment
                                                  determine compliance with the                           2758, email: Maurin.Scheetz@nrc.gov;
                                                                                                          or Timothy Kolb, telephone: 703–462–                  submissions available to the public or
                                                  regulations and laws.                                                                                         entering the comment into ADAMS.
                                                                                                          3957, email: Timothy.Kolb@nrc.gov.
                                                  [FR Doc. 2016–04749 Filed 3–2–16; 8:45 am]
                                                                                                          Both are staff of the Office of Nuclear                 Dated at Rockville, Maryland, this 25th day
                                                  BILLING CODE 7590–01–P                                                                                        of February, 2016.
                                                                                                          Reactor Regulation, U.S. Nuclear
                                                                                                          Regulatory Commission, Washington,                      For the Nuclear Regulatory Commission.
                                                  NUCLEAR REGULATORY                                      DC 20555–0001.                                        Scott Sloan,
                                                  COMMISSION                                              SUPPLEMENTARY INFORMATION:                            Chief, Operator Licensing and Training
                                                                                                                                                                Branch, Division of Inspection and Regional
                                                  [NRC–2016–0006]                                         I. Obtaining Information and                          Support, Office of Nuclear Reactor
                                                                                                          Submitting Comments                                   Regulation.
                                                  Operator Licensing Examination                                                                                [FR Doc. 2016–04748 Filed 3–2–16; 8:45 am]
                                                  Standards for Power Reactors                            A. Obtaining Information
                                                                                                                                                                BILLING CODE 7590–01–P
                                                  AGENCY: Nuclear Regulatory                                 Please refer to Docket ID NRC–2016–
                                                  Commission.                                             0006 when contacting the NRC about
                                                  ACTION: Draft NUREG; extension of
                                                                                                          the availability of information for this
                                                                                                          action. You may obtain publicly-                      POSTAL REGULATORY COMMISSION
                                                  comment period.
                                                                                                          available information related to this
                                                                                                                                                                [Docket No. R2013–11; Order No. 3103]
                                                  SUMMARY:   On February 5, 2016, the U.S.                action by any of the following methods:
                                                  Nuclear Regulatory Commission (NRC)                        • Federal Rulemaking Web site: Go to               Rate Adjustment
                                                  solicited comments on draft NUREG,                      http://www.regulations.gov and search
                                                  NUREG–1021, Revision 11, ‘‘Operator                     for Docket ID NRC–2016–0006.                          AGENCY:   Postal Regulatory Commission.
                                                  Licensing Examination Standards for                        • NRC’s Agencywide Documents                       ACTION:   Notice.
                                                  Power Reactors.’’ The public comment                    Access and Management System
                                                  period was originally scheduled to close                (ADAMS): You may obtain publicly-                     SUMMARY:    The Commission is noticing a
                                                  on March 21, 2016. The NRC has                          available documents online in the                     recent Postal Service filing concerning
                                                  decided to extend the public comment                    ADAMS Public Documents collection at                  the removal of the exigent surcharge
                                                  period to allow more time for members                   http://www.nrc.gov/reading-rm/                        from existing rates on Sunday, April 10,
                                                  of the public to develop and submit                     adams.html. To begin the search, select               2016. This notice informs the public of
                                                  their comments.                                         ‘‘ADAMS Public Documents’’ and then                   the filing, invites public comment, and
                                                  DATES: The due date of comments                         select ‘‘Begin Web-based ADAMS                        takes other administrative steps.
                                                  requested in the document published on                  Search.’’ For problems with ADAMS,                    DATES: Comments are due: March 16,
                                                  February 5, 2016 (81 FR 6301) is                        please contact the NRC’s Public                       2016.
                                                  extended. Comments should be filed no                   Document Room (PDR) reference staff at                ADDRESSES:   Submit comments
                                                  later than April 5, 2016. Comments                      1–800–397–4209, 301–415–4737, or by                   electronically via the Commission’s
                                                  received after this date will be                        email to pdr.resource@nrc.gov. The draft              Filing Online system at http://
                                                  considered if it is practical to do so, but             NUREG is available in ADAMS under                     www.prc.gov. Those who cannot submit
                                                  the NRC staff is able to ensure                         Accession No. ML16028A409.                            comments electronically should contact
                                                  consideration only for comments                            • NRC’s PDR: You may examine and                   the person identified in the FOR FURTHER
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  received on or before this date.                        purchase copies of public documents at                INFORMATION CONTACT section by
                                                  ADDRESSES: You may submit comments                      the NRC’s PDR, O1–F21, One White                      telephone for advice on filing
                                                  by any of the following methods (unless                 Flint North, 11555 Rockville Pike,                    alternatives.
                                                  this document describes a different                     Rockville, Maryland 20852.
                                                  method for submitting comments on a                                                                           FOR FURTHER INFORMATION CONTACT:
                                                                                                          B. Submitting Comments                                David A. Trissell, General Counsel, at
                                                  specific subject):
                                                     • Federal Rulemaking Web site: Go to                   Please include Docket ID NRC–2016–                  202–789–6820.
                                                  http://www.regulations.gov and search                   0006 in your comment submission.                      SUPPLEMENTARY INFORMATION:



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Document Created: 2016-03-03 03:51:50
Document Modified: 2016-03-03 03:51:50
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionOrder; modification.
ContactL. Raynard Wharton, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-7497; email: [email protected]
FR Citation81 FR 11296 

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