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)

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, 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