65470 Federal Register / Vol. 69, No. 218 / Friday, November 12, 2004 / Notices 

1The requests for modifying the Order will be 

available for inspection at NRC’s Public Electronic 

Reading Room at http://www.nrc.gov/reading-rm/

adams.html using the ADAMS Accession Nos. 

ML032590937 and ML041350224. The NRC staff’s 

request for additional information, its EA, and its 

SER for this action will be available at the above 

Web site using the ADAMS Accession Nos. 

ML032731010, ML042250451, and ML042250362, 

respectively.

1Attachment 1 has been redacted to remove the 

list of material licensees that is considered 

OFFICIAL USE ONLY sensitive information and 

will not be released to the public.

2Person means (1) any individual, corporation, 

partnership, firm, association, trust, estate, public 

or private institution, group, government agency 

other than the Commission or the Department, 

except that the Department shall be considered a 

At the time waste is received, WCS 

shall require generators of SNM waste to 

provide a written certification with each 

waste manifest that states that the SNM 

concentrations reported on the manifest 

do not exceed the limits in Condition 1, 

that the measurement uncertainty does 

not exceed the uncertainty value in 

Condition 1, and that the waste meets 

Conditions 2 through 4. 

WCS shall require generators to 

sample and determine the SNM 

concentration for each waste stream at 

the following frequency: (a) If the 

concentrations are above one tenth the 

SNM limits (Condition 1), once per 600 

kg, (b) if the concentrations are below 

one tenth and greater than one 

hundredth of the SNM limits, once per 

6,000 kg, and (c) if the concentrations 

are below one hundredth of the SNM 

limits, once per 60,000 kg. 

If the waste is determined to be not 

homogeneous (i.e., maximum, which 

cannot exceed the limits in Condition 1, 

and minimum testing values performed 

by the generator are greater than five 

times the average value), the generator 

shall sample and determine the SNM 

concentration once per 600 kg 

thereafter, regardless of SNM 

concentration. In this case, samples 

shall be a composite consisting of four 

uniformly sampled aliquots.

The certifications required under 

these conditions shall be made in 

writing and include the statement that 

the signer of the certification 

understands that this information is 

required to meet the requirements of the 

NRC and must be complete and accurate 

in all material respects. 

7. WCS shall sample and determine 

the SNM concentration for each waste 

stream at the following frequency: (a) If 

the concentrations are above one tenth 

the SNM limits (Condition 1), once per 

1,500 kg for the first shipment and every 

6,000 kg thereafter, (b) if the 

concentrations are below one tenth and 

greater than one hundredth of the SNM 

limits, once per 20,000 kg for the first 

shipment and every 60,000 kg 

thereafter, and (c) if the concentrations 

are below one hundredth of the SNM 

limits, once per 600,000 kg. This 

confirmatory testing is not required for 

waste to be disposed of at DOE’s WIPP 

facility. 

If the waste is determined to be not 

homogeneous (i.e., maximum and 

minimum testing values performed by 

the generator are greater than five times 

the average value), WCS shall sample 

and determine the SNM concentration 

once per 1,500 kg for the first shipment 

and every 6,000 kg thereafter, regardless 

of SNM concentration. In this case, 

samples shall be a composite consisting 

of four uniformly sampled aliquots. 

8. WCS shall notify the NRC, Region 

IV office within 24 hours if any of the 

above Conditions are violated. A written 

notification of the event must be 

provided within 7 days. 

9. WCS shall obtain NRC approval 

prior to changing any activities 

associated with the above Conditions. 

IV 

Based on the staff’s evaluation, the 

Commission has determined, pursuant 

to 10 CFR 70.17(a), that the exemption 

as described above at the WCS facility 

is authorized by law, will not endanger 

life or property or the common defense 

and security and is otherwise in the 

public interest. Accordingly, by this 

Order, the Commission hereby grants 

this exemption subject to the above 

conditions. The exemption will become 

effective after the State of Texas has 

incorporated the above conditions into 

WCS’s RML. 

Pursuant to the requirements in 10 

CFR part 51, the Commission has 

published an Environmental 

Assessment (EA) for the proposed action 

wherein it has determined that the 

granting of this exemption will have no 

significant impacts on the quality of the 

human environment. This finding was 

noticed in the Federal Register on 

October 20, 2004 (69 FR 61697). 

V 

As of October 25, 2004, the NRC 

initiated an additional security review 

of publicly available documents to 

ensure that potentially sensitive 

information is removed from the 

ADAMS database accessible through the 

NRC’s Web site. Interested members of 

the public should check the NRC’s web 

pages for updates on the availability of 

documents through the ADAMS 

system.1

Dated at Rockville, Maryland this 5th day 

of November 2004.

For the Nuclear Regulatory Commission. 

Jack R. Strosnider, 

Director, Office of Nuclear Material Safety 

and Safeguards.

[FR Doc. 04–25169 Filed 11–10–04; 8:45 am] 

BILLING CODE 7590–01–P

NUCLEAR REGULATORY 

COMMISSION 

[EA–04–190 and EA–04–191] 

In the Matter of All Licensees Who 

Possess Radioactive Material in 

Quantities of Concern and All Other 

Persons Who Obtain Safeguards 

Information Described Herein; Order 

Issued Imposing Requirements for the 

Protection of Certain Safeguards 

Information (Effective Immediately) 

The licensees identified in 

Attachment 1 1 to this Order hold 

licenses issued in accordance with the 

Atomic Energy Act of 1954, by the U.S. 

Nuclear Regulatory Commission (NRC 

or Commission), or an Agreement State 

authorizing them to possess and transfer 

items containing radioactive material 

quantities of concern. The NRC intends 

to issue security Orders to these 

licensees in the near future. Orders will 

be issued to both NRC and Agreement 

State materials licensees who may 

transport radioactive material quantities 

of concern. The Orders will require 

compliance with specific Additional 

Security Measures to enhance the 

security for transport of certain 

radioactive material quantities of 

concern. The NRC will issue Orders to 

both NRC and Agreement State 

licensees under its authority to protect 

the common defense and security, 

which has not been relinquished to the 

Agreement States. Before issuing Orders 

for Additional Security Measures, the 

Commission seeks comments from 

affected licensees on the draft 

Additional Security Measures, and 

Regulatory Issue Summary Table, 

‘‘Threat Conditions and Specific 

Actions for licensees who Transport 

Radioactive Material Quantities of 

Concern.’’ However, the Commission 

has determined that these draft 

documents contain Safeguards 

Information, will not be released to the 

public, and must be protected from 

unauthorized disclosure. Therefore, the 

Commission is imposing the 

requirements, as set forth in Attachment 

2 of this Order, so that affected licensees 

can receive these draft documents for 

review and comment. This Order also 

imposes requirements for the protection 

of Safeguards Information in the hands 

of any person,2 whether or not a 

Federal Register / Vol. 69, No. 218 / Friday, November 12, 2004 / Notices 65471

person with respect to those facilities of the 

Department specified in section 202 of the Energy 

Reorganization Act of 1974 (88 Stat. 1244), any 

State or any political subdivision of, or any political 

entity within a State, any foreign government or 

nation or any political subdivision of any such 

government or nation, or other entity; and (2) any 

legal successor, representative, agent, or agency of 

the foregoing.

licensee of the Commission, who 

produces, receives, or acquires 

Safeguards Information.

II 

The Commission has broad statutory 

authority to protect and prohibit the 

unauthorized disclosure of Safeguards 

Information. Section 147 of the Atomic 

Energy Act of 1954, as amended, grants 

the Commission explicit authority to 

‘‘issue such orders, as necessary to 

prohibit the unauthorized disclosure of 

Safeguards Information * * *’’ This 

authority extends to information 

concerning transfer of special nuclear 

material, source material, and byproduct 

material. Licensees and all persons who 

produce, receive, or acquire Safeguards 

Information must ensure proper 

handling and protection of Safeguards 

Information to avoid unauthorized 

disclosure in accordance with the 

specific requirements for the protection 

of Safeguards Information contained in 

Attachment 2. The Commission hereby 

provides notice that it intends to treat 

all violations of the requirements 

contained in Attachment 2 applicable to 

the handling and unauthorized 

disclosure of Safeguards Information as 

serious breaches of adequate protection 

of the public health and safety and the 

common defense and security of the 

United States. Access to Safeguards 

Information is limited to those persons 

who have established the need to know 

the information, and are considered to 

be trustworthy and reliable. A need to 

know means a determination by a 

person having responsibility for 

protecting Safeguards Information that a 

proposed recipient’s access to 

Safeguards Information is necessary in 

the performance of official, contractual, 

or licensee duties of employment. 

Licensees and all other persons who 

obtain Safeguards Information must 

ensure that they develop, maintain and 

implement strict policies and 

procedures for the proper handling of 

Safeguards Information to prevent 

unauthorized disclosure, in accordance 

with the requirements in Attachment 2. 

All licensees must ensure that all 

contractors whose employees may have 

access to Safeguards Information either 

adhere to the licensee’s policies and 

procedures on Safeguards Information 

or develop, maintain and implement 

their own acceptable policies and 

procedures. The licensees remain 

responsible for the conduct of their 

contractors. The policies and 

procedures necessary to ensure 

compliance with applicable 

requirements contained in Attachment 2 

must address, at a minimum, the 

following: the general performance 

requirement that each person who 

produces, receives, or acquires 

Safeguards Information shall ensure that 

Safeguards Information is protected 

against unauthorized disclosure; 

protection of Safeguards Information at 

fixed sites, in use and in storage, and 

while in transit; correspondence 

containing Safeguards Information; 

access to Safeguards Information; 

preparation, marking, reproduction and 

destruction of documents; external 

transmission of documents; use of 

automatic data processing systems; and 

removal of the Safeguards Information 

category.

In order to provide assurance that the 

licensees are implementing prudent 

measures to achieve a consistent level of 

protection, to prohibit the unauthorized 

disclosure of Safeguards Information, all 

licensees who hold licenses issued by 

the U.S. Nuclear Regulatory 

Commission or an Agreement State, 

authorizing them to possess and 

reasonably expected to transport 

radioactive material in quantities of 

concern, shall implement the 

requirements identified in Attachment 2 

to this Order. The Commission 

recognizes that licensees may have 

already initiated many of the measures 

set forth in Attachment 2 to this Order 

for handling of Safeguards Information 

in conjunction with current NRC license 

requirements or previous NRC Order. 

Additional measures set forth in 

Attachment 2 should be handled and 

controlled in accordance with the 

licensee’s current program for 

Safeguards Information. In addition, 

pursuant to 10 CFR 2.202, I find that in 

light of the common defense and 

security matters identified above, which 

warrant the issuance of this Order, the 

public health, safety and interest require 

that this Order be effective immediately. 

III 

Accordingly, pursuant to Sections 81, 

161b, 161i, 161o, 182 and 186 of the 

Atomic Energy Act of 1954, as amended, 

and the Commission’s regulations in 10 

CFR 2.202, 10 CFR Part 30, 10 CFR Part 

32, 10 CFR Part 35, 10 CFR Part 50, and 

10 CFR Part 70, it is hereby ordered, 

effective immediately, that all licensees 

identified in attachment 1 to this Order, 

and all other persons who produce, 

receive, or acquire the additional 

security measures identified above 

(whether draft or final), or any related 

safeguards information, shall comply 

with the requirements of attachment 2. 

IV 

The Director, Office of Nuclear 

Materials Safety and Safeguards, and the 

Director, Office of Nuclear Reactor 

Regulation, may in writing, relax or 

rescind any of the above conditions 

upon demonstration by the licensee. In 

accordance with 10 CFR 2.202, the 

licensee must, and any other person 

adversely affected by this Order may, 

submit an answer to this Order, and 

may request a hearing on this Order, 

within twenty (20) days of the date of 

this Order. Where good cause is shown, 

consideration will be given to extending 

the time to request a hearing. A request 

for extension of time in which to submit 

an answer or request a hearing must be 

made in writing to the Director, Office 

of Nuclear Reactor Regulation or Office 

of Nuclear Material Safety and 

Safeguards, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555, as 

applicable, and include a statement of 

good cause for the extension. The 

answer may consent to this Order. 

Unless the answer consents to this 

Order, the answer shall, in writing and 

under oath or affirmation, specifically 

set forth the matters of fact and law on 

which the licensee or other person 

adversely affected relies and the reasons 

as to why the Order should not have 

been issued. Any answer or request for 

a hearing shall be submitted to the 

Secretary, Office of the Secretary of the 

Commission, U.S. Nuclear Regulatory 

Commission, ATTN: Rulemakings and 

Adjudications Staff, Washington, DC 

20555. Copies also shall be sent to the 

Director, Office of Nuclear Reactor 

Regulation or Office of Nuclear Material 

Safety and Safeguards, as applicable, 

U.S. Nuclear Regulatory Commission, 

Washington, DC 20555, to the Assistant 

General Counsel for Materials Litigation 

and Enforcement at the same address, to 

the Regional Administrator for NRC 

Region I, II, III, or IV, as appropriate for 

the specific plant, and to the licensee if 

the answer or hearing request is by a 

person other than the licensee. Because 

of possible disruptions in delivery of 

mail to United States Government 

offices, it is requested that answers and 

requests for hearing be transmitted to 

the Secretary of the Commission either 

by means of facsimile transmission to 

301–415–1101 or by e-mail to 

hearingdocket@nrc.gov and also to the 

Office of the General Counsel either by 

means of facsimile transmission to 301–

415–3725 or by e-mail to 

OGCMailCenter@nrc.gov. If a person 

65472 Federal Register / Vol. 69, No. 218 / Friday, November 12, 2004 / Notices 

other than the licensee requests a 

hearing, that person shall set forth with 

particularity the manner in which his 

interest is adversely affected by this 

Order and shall address the criteria set 

forth in 10 CFR 2.714(d). 

If a hearing is requested by the 

licensee 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), the 

licensee may, in addition to demanding 

a hearing, at the time the answer is filed 

or sooner, move the presiding officer to 

set aside the immediate effectiveness of 

the Order on the ground 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 specified in Section III 

above, shall be final twenty (20) days 

from the date of this Order without 

further order or proceedings. If an 

extension of time for requesting a 

hearing has been approved, the 

provisions 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 this 5th day of November 2004.

For the Nuclear Regulatory Commission.

J.E. Dyer, 

Director, Office of Nuclear Reactor 

Regulation. 

Jack R. Strosnider, 

Director, Office of Nuclear Material Safety 

and Safeguards.

Attachment 1: Service List of Licensees 

Power Plants—Senior Executive 

Contacts 

Mr. A. Christopher Bakken, III, 

President and Chief Nuclear Officer, 

PSEG Nuclear LLC–X04, Salem 

Nuclear Generating Station, Units 1 

and 2, Hope Creek Generating Station, 

Unit 1, Docket Nos. 50–272, 50–278, 

& 50–354, License Nos. DPR–70, 

DPR–75, & NPF–57, End of 

Buttonwood Road, Hancocks Bridge, 

NJ 08038. 

Mr. Michael Kansler, President, Entergy 

Nuclear Operations, Inc., Pilgrim 

Nuclear Power Station, Unit 1, 

Vermont Yankee Nuclear Power 

Station, James A FitzPatrick Nuclear 

Power Plant, Indian Point Nuclear 

Generating Station, Units 2 and 3, 

Docket Nos. 50–293, 50,271, 50–333, 

50–247, &50–286, License Nos. DPR–

35, DPR–28, DPR–59, DPR–26, & 

DPR–64, 440 Hamilton Avenue, White 

Plains, NY 10601. 

Mr. Mark E. Warner, Site Vice President, 

FPL Energy, Seabrook Station, Unit 1, 

Docket No. 50–443, License No. NPF–

86, Central Receiving, Lafayette Road, 

Seabrook, NH 03874. 

Mr. L. William Pearce, Vice President, 

FirstEnergy Nuclear Operating 

Company, Beaver Valley Power 

Station, Units 1 and 2, Docket Nos. 

50–334 & 50–412, License Nos. DPR–

66 & NPF–73, Route 168, 

Shippingport, PA 15077. 

Mr. George Vanderheyden, Vice 

President, Calvert Cliffs Nuclear 

Power Plant, Inc., Calvert Cliffs 

Nuclear Power Plant, Units 1 and 2, 

Docket Nos. 50–317 & 50–318, 

License Nos. DPR–53 & DPR–69, 1650 

Calvert Cliffs Parkway, Lusby, MD 

20657–4702. 

Mrs. Mary G. Korsnick, Vice President, 

Nuclear Operations, R. E. Ginna 

Nuclear Power Plant, Docket No. 50–

244, License No. DPR–18, 1503 Lake 

Road, Ontario, NY 14519. 

Mr. James A. Spina, Vice President Nine 

Mile Point, Nine Mile Point Nuclear 

Station, LLC, Nine Mile Point Nuclear 

Station, Units 1 and 2, Docket Nos. 

50–22-& 50–410, License Nos. DPR–

63 & NPF–69, 348 Lake Road, 

Oswego, NY 13126. 

Mr. Britt T. McKinney, Vice President, 

Nuclear Site Operations, PPL 

Susquehanna, LLC, Susquehanna 

Steam Electric Station, Units 1 and 2, 

Docket Nos. 50–387 & 50–388, 

License Nos. NPF–14 & NPF–22, 769 

Salem Boulevard, NUCSB3, Berwick, 

PA 18603–0467. 

Mr. David A. Christian, Sr. Vice 

President and Chief Nuclear Officer, 

Dominion Nuclear Connecticut, Inc., 

Virginia Electric and Power Company, 

Millstone Power Station, Units 2 and 

3, North Anna Power Station, Units 1 

and 2, Surry Power Station, Units 1 

and 2, Docket Nos. 50–336, 50–423, 

50–338, 50–339, & 50–280, & 50–281, 

License Nos. DPR–65, NPF–49, NPF–

4, NPF–7, DPR–32, & DPR–37, 

Innsbrook Technical Center, 5000 

Dominion Boulevard, Glen Allen, VA 

23060. 

D.M. Jamil, Vice President, Duke Energy 

Corporation, Catawba Nuclear Station, 

Units 1 and 2, Docket Nos. 50–413 & 

50–414, License Nos. NPF–35 & NPF–

52, 4800 Concord Road, York, South 

Carolina 29745. 

Mr. L.M. Stinson, Vice President—

Farley Project, Southern Nuclear 

Operating Company, Inc., Joseph M. 

Farley Nuclear Plant, Units 1 and 2, 

Docket Nos. 50–348 & 50–364, 

License Nos. NPF–2 & NPF–8, 40 

Inverness Center Parkway, 

Birmingham, Alabama 35242. 

Mr. H.L. Sumner, Jr., Vice President—

Nuclear, Hatch Project, Southern 

Nuclear Operating Company, Inc., 

Edwin I. Hatch Nuclear Plant, Units 1 

and 2, Docket Nos. 50–321 & 50–366, 

License Nos. DPR–57 & NPF–5, 40 

Inverness Center Parkway, 

Birmingham, Alabama 35242. 

Mr. G.R. Peterson, Vice President, Duke 

Energy Corporation, William B. 

McGuire Nuclear Station, Units 1 and 

2, Docket Nos. 50–369 & 50–370, 

License Nos. NPF–9 & NPF–17, 12700 

Hagers Ferry Road, Huntersville, NC 

28078. 

Mr. Ronald A. Jones, Vice President, 

Oconee Site, Duke Energy 

Corporation, Oconee Nuclear Station, 

Units 1, 2 and 3, Docket Nos. 50–269, 

50–270, & 50–287, License Nos. DPR–

38, DPR–47, & DPR–55, 7800 

Rochester Highway, Seneca, SC 

29672.

Mr. Don E. Grissette, Vice President, 

Southern Nuclear Operating 

Company, Inc., Vogtle Electric 

Generating Plant, Units 1 and 2, 

Docket Nos. 50–424 & 50–425, 

License Nos. NPF–68 & NPF–81, 40 

Inverness Center Parkway, 

Birmingham, Alabama 35242. 

Mr. C.J. Gannon, Vice President, 

Carolina Power & Light Company, 

Progress Energy, Inc., Brunswick 

Steam Electric Plant, Units 1 and 2, 

Docket Nos. 50–325 & 50–324, 

License Nos. DPR–71 & DPR–62, Hwy 

87, 2.5 Miles North, Southport, North 

Carolina 28461. 

Mr. James Scarola, Vice President, 

Carolina Power & Light Company, 

Shearon Harris Nuclear Power Plant, 

Unit 1, Docket No. 50–400, License 

No. NPF–63, 5413 Shearon Harris 

Road, New Hill, North Carolina 

27562–0165. 

Mr. Dale E. Young, Vice President, 

ATTN: Supervisor, Licensing and 

Regulatory Programs, Florida Power 

Corporation, Crystal River Nuclear 

Generating Plant, Unit 3, Docket No. 

050–302, License No. DPR–72, 15760 

W. Power Line Street, Crystal River, 

Florida 34428–6708. 

Mr. J.W. Moyer, Vice President Carolina 

Power & Light Company, Progress 

Energy, H. B. Robinson Steam Electric 

Plant, Unit 2, Docket No. 50–261, 

License No. DPR–23, 3581 West 

Entrance Road, Hartsville, South 

Carolina 29550. 

Karl W. Singer, Chief Nuclear Officer 

and Executive Vice President, 

Tennessee Valley Authority, Browns 

Federal Register / Vol. 69, No. 218 / Friday, November 12, 2004 / Notices 65473

Ferry Nuclear Plant, Units 1, 2 and 3, 

Watts Bar Nuclear Plant, Unit 1, 

Sequoyah Nuclear Plant, Units 1 and 

2 (Ops5n), Docket Nos. 50–259, 50–

260, 50–296, 50–390, 50–327, & 50–

328, License Nos. DPR–33, DPR–52, 

DPR–68, NPF–90, DPR–77, & DPR–79, 

6A Lookout Place, 1101 Market Street, 

Chattanooga, Tennessee 37402–2801. 

Mr. J.A. Stall, Senior Vice President, 

Nuclear and Chief Nuclear Officer, 

Florida Power and Light Company, St. 

Lucie, Units 1 and 2, Turkey Point 

Nuclear Generating Station, Units 3 

and 4, Docket Nos. 50–335, 50–389, 

50–250, & 50–251, License Nos. DPR–

67, NPF–16, DPR–31, & DPR–41, 700 

Universe Boulevard, Juno Beach, 

Florida 33408–0420. 

Mr. Mano K. Nazar, Senior Vice 

President and Chief Nuclear Officer, 

Indiana Michigan Power Company, 

Donald C. Cook Nuclear Plant, Units 

1 and 2, Docket Nos. 50–315 & 50–

316, License Nos. DPR–58 & DPR–74, 

Nuclear Generation Group, 500 Circle 

Drive, Buchanan, MI 49107. 

Mr. Mark A. Peifer, Site Vice President, 

Nuclear Management Company, LLC, 

Duane Arnold Energy Center, Docket 

No. 50–331, License No. DPR–49, 

3277 DAEC Road, Palo, IA 52324–

9785. 

Mr. William T. O’Connor, Jr., Vice 

President-Nuclear Generation, Detroit 

Edison Company, Fermi, Unit 2, 

Docket No. 50–341, License No. NPF–

43, 6400 North Dixie Highway, 

Newport, MI 48166. 

Mr. Thomas Coutu, Site Vice President, 

Nuclear Management Company, LLC, 

Kewaunee Nuclear Power Plant, 

Docket No. 50–305, License No. DPR–

43, N490 Highway 42, Kewaunee, WI 

54216–9511. 

Mr. Thomas J. Palmisano, Site Vice 

President, Nuclear Management 

Company, LLC, Monticello Nuclear 

Generating Plant, Docket No. 50–263, 

License No. DPR–22, 2807 West 

County Road 75, Monticello, MN 

55362–9637. 

Mr. Daniel J. Malone, Site Vice 

President, Nuclear Management 

Company, LLC, Palisades Nuclear 

Plant, Docket No. 50–255, License 

No.DPR 20, 27780 Blue Star Memorial 

Highway, Covert, MI 49043–9530. 

Mr. Dennis L. Kochl, Site Vice 

President, Nuclear Management 

Company, LLC, Point Beach Nuclear 

Plant, Units 1 and 2, Docket Nos. 50–

266 & 50–301, License Nos. DPR–24 & 

DPR–27, 6590 Nuclear Road, Two 

Rivers, WI 54241–9516.

Mr. Joseph M. Solymossy, Site Vice 

President, Nuclear Management 

Company, LLC, Prairie Island Nuclear 

Generating Plant, Units 1 and 2, 

Docket Nos. 50–282 & 50–306, 

License Nos. DPR–42 & DPR–60, 1717 

Wakonade Drive East, Welch, MN 

55089. 

Mr. Christopher M. Crane, President and 

Chief Nuclear Officer, Exelon 

Generation Company, LLC, AmerGen 

Energy Company, LLC, Braidwood 

Station, Units 1 and 2, Byron Station, 

Units 1 and 2, Dresden Nuclear Power 

Station, Units 2 and 3, LaSalle County 

Station, Units 1 and 2, Quad Cities 

Nuclear Power Station, Units 1 and 2, 

Limerick Generating Station, Units 1 

and 2, Peach Bottom Atomic Power 

Station, Units 2 and 3, Oyster Creek 

Nuclear Generating Station, Clinton 

Power Station, Three Mile Island 

Nuclear Station, Unit 1, Docket Nos. 

50–456, 50–457, 50–454, 50–455, 50–

237, 50–249, 50–373, 50–374, 50–254, 

50–265, 50–352, 50–353, 50–277, 50–

278, 50–219, 50–461, & 50–289, 

License Nos. NPF–72, NPF–77, NPF–

37, NPF–66, DPR–19, DPR–25, NPF–

11, NPF–18, DPR–29, DPR–30, NPF–

39, NPF–85, DPR–44, DPR–56, DPR–

16, NPF–62, & PR–50, 4300 Winfield 

Road, Warrenville, IL 60555. 

Mr. Mark Bezilla, Vice President, DavisBesse, FirstEnergy Nuclear Operating 

Company, Davis-Besse Nuclear Power 

Station, Docket No. 50–346, License 

No. NPF–3, 5501 North State Route 2, 

Oak Harbor, OH 43449–9760. 

Mr. Lew W. Myers, Chief Operating 

Officer, FirstEnergy Nuclear 

Operating Company, Perry Nuclear 

Power Plant, Unit 1, Docket No. 50–

440, License No. NPF–58, 10 North 

Center Street, Perry, OH 44081. 

Mr. Jeffrey S. Forbes, Site Vice 

President, Entergy Operations, Inc., 

Arkansas Nuclear One, Units 1 and 2, 

Docket Nos. 50–313 & 50–368, 

License Nos. DPR–51 & NPF–6 1448 

S. R. 333, Russellville, AR 72802. 

M.R. Blevins, Senior Vice President and 

Principal Nuclear Officer, TXU 

Generation Company, LP, Comanche 

Peak Steam Electric Station, Units 1 

and 2, Docket Nos. 50–445 & 50–446, 

License Nos. NPF–87 & NPF–89, 5 

Miles North of Glen Rose, Glen Rose, 

TX 76043. 

Mr. Randall K. Edington, Vice 

President-Nuclear and CNO, Nebraska 

Public Power District, Cooper Nuclear 

Station, Docket No. 50–298, License 

No. Dpr-46, 1200 Prospect Road, 

Brownville, NE 68321. 

Mr. George A. Williams, Site Vice 

President, Entergy Operations, Inc., 

Grand Gulf Nuclear Station, Unit 1, 

Docket No. 50–416, License No. NPF–

29, Waterloo Road, Port Gibson, MS 

39150. 

Mr. Paul D. Hinnenkamp, Vice 

President—Operations, Entergy 

Operations, Inc., River Bend Station, 

Unit 1, Docket No. 50–458, License 

No. NPF–47, 5485 U.S. Highway 61N, 

St. Francisville, LA 70775. 

Mr. James J. Sheppard, President and 

Chief Executive Officer, South Texas 

Project Nuclear Operating Company, 

Docket Nos. 50–498 & 50–499, 

License Nos. NPF–76 & NPF–80, 

South Texas Project Electric 

Generating Company, Units 1 and 2, 

8 Miles West of Wadsworth, on FM 

521, Wadsworth, TX 77483. 

Joseph E. Venable, Vice President 

Operations, Entergy Operations, Inc., 

Waterford Steam Electric Generating 

Station, Unit 3, Docket No. 50–382, 

License No. NPF–38, 17265 River 

Road, Killona, LA 70057–2065. 

Mr. Garry L. Randolph, Vice President 

and Chief Nuclear Officer, Union 

Electric Company, Callaway Plant, 

Unit 1, Docket No. 50–483, License 

No. NPF–30, Junction Hwy CC & Hwy 

O: 5 Miles North of Hwy 94, Portland, 

MO 65067. 

Mr. Gregory M. Rueger, Senior Vice 

President, Generation and Chief 

Nuclear Officer, Pacific Gas and 

Electric Company, Diablo Canyon 

Nuclear Power Plant, Units 1 and 2, 

Docket Nos. 50–275 & 50–323, 

License Nos. DPR–80 & DPR–82, 9 

Miles Northwest of Avila Beach, Avila 

Beach, CA 93424. 

Mr. R.T. Ridenoure, Vice President—

Chief Nuclear Officer, Omaha Public 

Power District, Fort Calhoun Station, 

Unit 1, Docket No. 50–285, License 

No. DPR–40, Fort Calhoun Station 

FC–2–4 Adm., 444 South 16th Street 

Mall, Omaha, NE 68102–2247.

Mr. Gregg R. Overbeck, Senior Vice 

President, Nuclear, Arizona Public 

Service Company, Palo Verde Nuclear 

Generating Station, Units 1, 2 and 3, 

Docket Nos. 50–528, 50–529, & 50–

530, License Nos. NPF–41, NPF–51, & 

NPF–74, 5801 S. Wintersburg Road, 

Tonopah, AZ 85354–7529. 

Harold B. Ray, Executive Vice President, 

Southern California Edison Company, 

San Onofre Nuclear Station, Units 2 

and 3, Docket Nos. 50–361 & 50–362, 

License Nos. NPF–10 & NPF–15, 5000 

Pacific Coast Highway, San Clemente, 

CA 92674. 

Mr. J.V. Parrish, Chief Executive Officer, 

Energy Northwest, Columbia 

Generating Station, Docket No. 50–

397, License No. NPF–21, Snake River 

Warehouse, North Power Plant Loop, 

Richland, WA 99352. 

Mr. Rick A. Muench, President and 

Chief Executive Officer, Wolf Creek 

Nuclear Operating Corporation, Wolf 

Creek Generating Station, Unit 1, 

Docket No. 50–482, License No. NPF–

65474 Federal Register / Vol. 69, No. 218 / Friday, November 12, 2004 / Notices 

42, 1550 Oxen Lane, NE., Burlington, 

KS 66839. 

Mr. Jeffrey B. Archie, Senior Vice 

President, Nuclear Operations, South 

Carolina Electric and Gas Company, 

Virgil C. Summer Nuclear Station, 

Docket No. 50–395, License No. NPF–

12, Hwy 215N at O.S. Bradham 

Boulevard, Jenkinsville, South 

Carolina 29065. 

Research and Test Reactor Licensees 

Mr. Ray Tsukimura, President, Aerotest 

Operations Inc., 3455 Fostoria Way, 

San Ramon, CA 94583. 

Mr. Stephen I. Miller, Reactor Facility 

Director, Armed Forces Radiobiology 

Research Institute, Naval Medical 

Center, 8901 Wisconsin Ave., 

Bethesda, MD 20889–5603. 

Howard C. Aderhold, Director, Ward 

Center for Nuclear Sciences, Cornell 

University, 112 Ward Laboratory, 

Ithaca, NY 14853. 

Mr. Ward L. Rigot, Facility Director and 

Reactor Supervisor, Dow Chemical 

Company, 1602 Building, Midland, 

MI 48674. 

Dr. Keith E. Asmussen, General 

Atomics, 3550 General Atomics Court, 

San Diego, CA 92121–1122. 

David Turner, Vallecitos Nuclear 

Center, General Electric Company, 

6705 Vallecitos Road, Sunol, CA 

94586. 

Dr. John S. Bennion, Reactor Manager/

Supervisor, Idaho State University, 

P.O. Box 8060, Pocatello, ID 83209. 

Mr. Michael Whaley, Manager, KSU 

Nuclear Reactor Facility, 112 Ward 

Hall, Kansas State University, 

Manhattan, KS 66506–5204. 

Dr. Robert E. Berlin, Manhattan College, 

35 Sterling Pines Road, Tuxedo, NY 

10987. 

Dr. John Bernard, Director of Reactor 

Operations, Nuclear Reactor 

Laboratory, Massachusetts Institute of 

Technology, 138 Albany Street, Mail 

Stop NW. 12–208, Cambridge, MA 

02139. 

Andrew Cook, Nuclear Reactor Program, 

North Carolina State University, 2500 

Stinson Drive, Raleigh, NC 27695. 

Seymour H. Weiss, NIST Center for 

Neutron Research, National Institute 

of Standards and Technology, U.S. 

Department of Commerce, 100 Bureau 

Drive, Stop 8561, Gaithersburg, MD 

20899–8561. 

Gerald D. Wicks, Nuclear Reactor 

Program, North Carolina State 

University, 2500 Stinson Drive, 

Raleigh, NC 27695. 

Andrew C. Kauffman, The Ohio State 

University, Nuclear Reactor 

Laboratory, 1298 Kinnear Road, 

Columbus OH, 43212–1154. 

Andy Klein, 100 Radiation Center, 

Oregon State University, Corvallis, OR 

97331. 

Fred Sears, Breazeale Nuclear Reactor, 

Penn State University, University 

Park, PA 16802.

Edward Merritt, Purdue University, 

Nuclear Engineering Bldg., 400 

Central Dr., West Lafayette, IN 47907–

2017. 

Mr. Stephen G. Frantz, Director, Reed 

Reactor Facility, Reed College, 3203 

SE Woodstock Blvd., Portland, OR 

97202. 

Mr. Glenn C. Winters, Director, 

Rensselaer Polytechnic Institute, 110 

8th Street, Nuclear Engineering and 

Science Building, Troy, NY 12180–

3590. 

Terence Tehan, Rhode Island Atomic 

Energy Commission, Rhode Island 

Nuclear Science Center, 16 Reactor 

Road, Narragansett, RI 02882–1165. 

Mr. G.A. Kuehn, Jr., Vice President 

SNEC and Program Director, SNEC 

Facility, GPU Nuclear, Inc., Route 441 

South, P.O. Box 480, Middletown, PA 

17057. 

David Vasbinder, Occupational and 

Environmental Safety, University at 

Buffalo, 220 Winspear Avenue, 

Buffalo, NY 14214–1034. 

Robert O. Berry, Department of Nuclear 

Engineering, Texas A&M University, 

Mail Stop 3133, College Station, 

Texas 77843–3133. 

Jim Remlinger, Nuclear Science Center, 

Texas Engineering Experiment 

Station, 1095 Nuclear Science Road, 

College Station, Texas 77843. 

Tim DeBey, U.S. Geological Survey, 6th 

and Kipling, Denver Federal Center, 

Building 15, MS 974, Denver, 

Colorado 80225. 

John G. Williams, Nuclear Reactor 

Laboratory, University of Arizona, 

Old Engineering Building, Room 114, 

Tucson, AZ 85721–0020. 

Dr. David M. Slaughter, Director, UC 

Davis McClellan Nuclear Research 

Center, 5335 Price Avenue, 

McClellan, CA 95652. 

George Miller, Department of Chemistry, 

UC Irvine, 326 Rowland Hall, Irvine, 

CA 92697–2025. 

Dr. William Vernetson, PhD, Director of 

Nuclear Facilities, University of 

Florida, 202 Nuclear Science 

Building, Gainesville, FL 32611–8300. 

Rich Holm, 214 NEL, University of 

Illinois, 103 South Goodwin Avenue, 

Urbana, Illinois 61801. 

Vincent Adams, University of Maryland, 

Department of Materials & Nuclear 

Engineering, Bldg. 090 Room 2308, 

College Park, MD 20742–2115. 

Leo Bobek, Nuclear Radiation 

Laboratory, University of 

Massachusetts Lowell, One University 

Avenue, Pinanski Energy Center, 

Lowell, MA 01854. 

Chris Becker, Phoenix Memorial 

Laboratory, Ford Nuclear Reactor, 

University of Michigan, 2301 

Bonisteel Boulevard, Ann Arbor, MI 

48109–2100. 

Ralph Butler, MU Research Reactor, 

1513 Research Park, Columbia, 

Missouri 65211. 

Akira T. Tokuhiro, Nuclear Reactor 

Facility, 1870 Miner Circle, Rolla, MO 

65409–0630. 

Dr. Robert D. Busch, Chief Reactor 

Supervisor, Chemical and Nuclear 

Engineering Department, University 

of New Mexico, 209 Farris 

Engineering Department, 

Albuquerque, NM 87131–1341. 

David S. O’Kelly, Nuclear Engineering 

Teaching Lab, University of Texas, 

10100 Burnet Road, Austin, TX 

78758. 

Paul E. Benneche, Acting Director, UVA 

Nuclear Reactor Facility, P.O. Box 

400322, Charlottesville, VA 22904–

4322. 

Melinda Krahenbuhl, 122 S. Central 

Campus Drive, Room 104, University 

of Utah, Salt Lake City, UT 84112. 

Robert J. Agasie, Reactor Director, 

Nuclear Reactor Laboratory, 1513 

University Avenue, Room 141ME, 

University of Wisconsin, Madison, WI 

53706–1687.

Gerald E. Tripard, Nuclear Radiation 

Center, Roundtop Drive, Washington 

State University, Pullman, WA 

99164–1300. 

Mr. Stephen J. LaFlamme, Director, 

Nuclear Reactor Facility, Worcester 

Polytechnic Institute, 100 Institute 

Road, Worcester, MA 01609–2280. 

Stanley Addison, RSO, Radiation Safety 

Office, 201 Hall Health Center, 

University of Washington, Seattle, 

WA 98195–4400. 

Erhard W. Koehler, Manager Direct 

Programs, U.S. Maritime 

Administration, 400 7th Street, 

Washington, DC 20590. 

Dr. Lynell W. Klassen, Associate Chief 

of Staff Research and Development 

151, Reactor Manager, Veterans 

Affairs Medical Center, 4101 

Woolworth Avenue, Omaha, NE 

68105. 

Mr. Richard K. Smith, Viacom, Gateway 

Center, 11 Stanwix Street, Pittsburgh, 

PA 15222.

The service list of Materials Licensees 

receiving this Order has been redacted. 

Federal Register / Vol. 69, No. 218 / Friday, November 12, 2004 / Notices 65475

Attachment 2: Modified Handling 

Requirements for the Protection of 

Certain Safeguards Information (SGI–

M) 

General Requirement 

Information and material that the U.S. 

Nuclear Regulatory Commission (NRC) 

determines are Safeguards Information 

must be protected from unauthorized 

disclosure. In order to distinguish 

information needing modified 

protection requirements from the 

Safeguards Information for reactors and 

fuel cycle facilities that require a higher 

level of protection, the term ‘‘Safeguards 

Information Modified Handling’’ (SGI–

M) is being used as the distinguishing 

marking for certain materials licensees. 

Each person who produces, receives, or 

acquires SGI–M shall ensure that it is 

protected against unauthorized 

disclosure. To meet this requirement, 

licensees and persons shall establish 

and maintain an information protection 

system that includes the measures 

specified below. Information protection 

procedures employed by state and local 

police forces are deemed to meet these 

requirements. 

Persons Subject to These Requirements 

Any person, whether or not a licensee 

of the NRC, who produces, receives, or 

acquires SGI–M is subject to the 

requirements (and sanctions) of this 

document. Firms and their employees 

that supply services or equipment to 

materials licensees would fall under this 

requirement, if they possess facility 

SGI–M. A licensee must inform 

contractors and suppliers of the 

existence of these requirements and the 

need for proper protection (See more 

under Conditions for Access). 

State or local police units who have 

access to SGI–M are also subject to these 

requirements. However, these 

organizations are deemed to have 

adequate information protection 

systems. The conditions for transfer of 

information to a third party, (i.e., needto-know) would still apply to the police 

organization, as would sanctions for 

unlawful disclosure. Again, it would be 

prudent for licensees who have 

arrangements with local police to advise 

them of the existence of these 

requirements. 

Criminal and Civil Sanctions 

The Atomic Energy Act of 1954, as 

amended, explicitly provides that any 

person, ‘‘whether or not a licensee of the 

Commission, who violates any 

regulations adopted under this section 

shall be subject to the civil monetary 

penalties of section 234 of this Act.’’

Furthermore, willful violation of any 

regulation or order governing 

Safeguards Information is a felony 

subject to criminal penalties in the form 

of fines or imprisonment, or both. See 

sections 147b. and 223 of the Act. 

Conditions for Access 

Access to SGI–M beyond the initial 

recipients of the order will be governed 

by the background check requirements 

imposed by the order. Access to SGI–M 

by licensee employees, agents, or 

contractors must include both an 

appropriate need-to-know 

determination by the licensee, as well as 

a determination concerning the 

trustworthiness of individuals having 

access to the information. Employees of 

an organization affiliated with the 

licensee’s company, e.g., a parent 

company, may be considered as 

employees of the licensee for access 

purposes. 

Need-To-Know 

Need-to-know is defined as a 

determination by a person having 

responsibility for protecting SGI–M that 

a proposed recipient’s access to SGI–M 

is necessary in the performance of 

official, contractual, or licensee duties 

of employment. The recipient should be 

made aware that the information is SGI–

M and those having access to it are 

subject to these requirements as well as 

criminal and civil sanctions for 

mishandling the information.

Occupational Groups 

Dissemination of SGI–M is limited to 

individuals who have an established 

need-to-know and who are members of 

certain occupational groups. These 

occupational groups are: 

I. An employee, agent, or contractor of 

an applicant, a licensee, the 

Commission, or the United States 

Government; 

II. A member of a duly authorized 

committee of the Congress; 

III. The Governor of a State or his 

designated representative; 

IV. A representative of the 

International Atomic Energy Agency 

(IAEA) engaged in activities associated 

with the U.S./IAEA Safeguards 

Agreement who has been certified by 

the NRC; 

V. A member of a state or local law 

enforcement authority that is 

responsible for responding to requests 

for assistance during safeguards 

emergencies; 

VI. A person to whom disclosure is 

ordered pursuant to Section 2.744(e) of 

Part 2 of Part 10 of the Code of Federal 

Regulations; or 

VII. State Radiation Control Program 

Directors (and State Homeland Security 

Directors) or their designees. 

In a generic sense, the individuals 

described above in (II) through (VII) are 

considered to be trustworthy by virtue 

of their employment status. For nongovernmental individuals in group (I) 

above, a determination of reliability and 

trustworthiness is required. Discretion 

must be exercised in granting access to 

these individuals. If there is any 

indication that the recipient would be 

unwilling or unable to provide proper 

protection for the SGI–M, they are not 

authorized to receive SGI–M. 

Information Considered for Safeguards 

Information Designation 

Information deemed SGI–M is 

information the disclosure of which 

could reasonably be expected to have a 

significant adverse effect on the health 

and safety of the public or the common 

defense and security by significantly 

increasing the likelihood of theft, 

diversion, or sabotage of materials or 

facilities subject to NRC jurisdiction. 

SGI–M identifies Safeguards 

Information which is subject to these 

requirements. These requirements are 

necessary in order to protect quantities 

of nuclear material significant to the 

health and safety of the public or 

common defense and security. 

The overall measure for consideration 

of SGI–M is the usefulness of the 

information (security or otherwise) to an 

adversary in planning or attempting a 

malevolent act. The specificity of the 

information increases the likelihood 

that it will be useful to an adversary. 

Protection While in Use 

While in use, SGI–M shall be under 

the control of an authorized individual. 

This requirement is satisfied if the SGI–

M is attended by an authorized 

individual even though the information 

is in fact not constantly being used. 

SGI–M, therefore, within alarm stations, 

continuously manned guard posts or 

ready rooms need not be locked in file 

drawers or storage containers. 

Under certain conditions the general 

control exercised over security zones or 

areas would be considered to meet this 

requirement. The primary consideration 

is limiting access to those who have a 

need-to-know. Some examples would 

be: 

Alarm stations, guard posts and guard 

ready rooms; 

Engineering or drafting areas if 

visitors are escorted and information is 

not clearly visible; 

Plant maintenance areas if access is 

restricted and information is not clearly 

visible; 

65476 Federal Register / Vol. 69, No. 218 / Friday, November 12, 2004 / Notices 

Administrative offices (e.g., central 

records or purchasing) if visitors are 

escorted and information is not clearly 

visible; 

Protection While in Storage 

While unattended, SGI–M shall be 

stored in a locked file drawer or 

container. Knowledge of lock 

combinations or access to keys 

protecting SGI–M shall be limited to a 

minimum number of personnel for 

operating purposes who have a ‘‘needto-know’’ and are otherwise authorized 

access to SGI–M in accordance with 

these requirements. Access to lock 

combinations or keys shall be strictly 

controlled so as to prevent disclosure to 

an unauthorized individual. 

Transportation of Documents and Other 

Matter 

Documents containing SGI–M when 

transmitted outside an authorized place 

of use or storage shall be enclosed in 

two sealed envelopes or wrappers. The 

inner envelope or wrapper shall contain 

the name and address of the intended 

recipient, and be marked both sides, top 

and bottom with the words ‘‘Safeguards 

Information—Modified Handling.’’ The 

outer envelope or wrapper must be 

addressed to the intended recipient, 

must contain the address of the sender, 

and must not bear any markings or 

indication that the document contains 

SGI–M. 

SGI–M may be transported by any 

commercial delivery company that 

provides nation-wide overnight service 

with computer tracking features, U.S. 

first class, registered, express, or 

certified mail, or by any individual 

authorized access pursuant to these 

requirements. Within a facility, SGI–M 

may be transmitted using a single 

opaque envelope. It may also be 

transmitted within a facility without 

single or double wrapping, provided 

adequate measures are taken to protect 

the material against unauthorized 

disclosure. Individuals transporting 

SGI–M should retain the documents in 

their personal possession at all times or 

ensure that the information is 

appropriately wrapped and also secured 

to preclude compromise by an 

unauthorized individual. 

Preparation and Marking of Documents 

While the NRC is the sole authority 

for determining what specific 

information may be designated as ‘‘SGI–

M,’’ originators of documents are 

responsible for determining whether 

those documents contain such 

information. Each document or other 

matter that contains SGI–M shall be 

marked ‘‘Safeguards Information—

Modified Handling’’ in a conspicuous 

manner on the top and bottom of the 

first page to indicate the presence of 

protected information. The first page of 

the document must also contain (i) the 

name, title, and organization of the 

individual authorized to make a SGI–M 

determination, and who has determined 

that the document contains SGI–M, (ii) 

the date the document was originated or 

the determination made, (iii) an 

indication that the document contains 

SGI–M, and (iv) an indication that 

unauthorized disclosure would be 

subject to civil and criminal sanctions. 

Each additional page shall be marked in 

a conspicuous fashion at the top and 

bottom with letters denoting 

‘‘Safeguards Information—Modified 

Handling.’’

In addition to the ‘‘Safeguards 

Information—Modified Handling’’

markings at the top and bottom of page, 

transmittal letters or memoranda which 

do not in themselves contain SGI–M 

shall be marked to indicate that 

attachments or enclosures contain SGI–

M but that the transmittal does not (e.g., 

‘‘When separated from SGI–M 

enclosure(s), this document is 

decontrolled’’). 

In addition to the information 

required on the face of the document, 

each item of correspondence that 

contains SGI–M shall, by marking or 

other means, clearly indicate which 

portions (e.g., paragraphs, pages, or 

appendices) contain SGI–M and which 

do not. Portion marking is not required 

for physical security and safeguards 

contingency plans.

All documents or other matter 

containing SGI–M in use or storage shall 

be marked in accordance with these 

requirements. A specific exception is 

provided for documents in the 

possession of contractors and agents of 

licensees that were produced more than 

one year prior to the effective date of the 

order. Such documents need not be 

marked unless they are removed from 

file drawers or containers. The same 

exception applies to old documents 

stored away from the facility in central 

files or corporation headquarters. 

Since information protection 

procedures employed by state and local 

police forces are deemed to meet NRC 

requirements, documents in the 

possession of these agencies need not be 

marked as set forth in this document. 

Removal From SGI–M Category 

Documents containing SGI–M shall be 

removed from the SGI–M category 

(decontrolled) only after the NRC 

determines that the information no 

longer meets the criteria of SGI–M. 

Licensees have the authority to make 

determinations that specific documents 

which they created no longer contain 

SGI–M information and may be 

decontrolled. Consideration must be 

exercised to ensure that any document 

decontrolled shall not disclose SGI–M 

in some other form or be combined with 

other unprotected information to 

disclose SGI–M. 

The authority to determine that a 

document may be decontrolled may be 

exercised only by, or with the 

permission of, the individual (or office) 

who made the original determination. 

The document shall indicate the name 

and organization of the individual 

removing the document from the SGI–

M category and the date of the removal. 

Other persons who have the document 

in their possession should be notified of 

the decontrolling of the document. 

Reproduction of Matter Containing SGI–

M 

SGI–M may be reproduced to the 

minimum extent necessary consistent 

with need without permission of the 

originator. Newer digital copiers which 

scan and retain images of documents 

represent a potential security concern. If 

the copier is retaining SGI–M 

information in memory, the copier 

cannot be connected to a network. It 

should also be placed in a location that 

is cleared and controlled for the 

authorized processing of SGI–M 

information. Different copiers have 

different capabilities, including some 

which come with features that allow the 

memory to be erased. Each copier would 

have to be examined from a physical 

security perspective. 

Use of Automatic Data Processing (ADP) 

Systems 

SGI–M may be processed or produced 

on an ADP system provided that the 

system is assigned to the licensee’s or 

contractor’s facility and requires the use 

of an entry code/password for access to 

stored information. Licensees are 

encouraged to process this information 

in a computing environment that has 

adequate computer security controls in 

place to prevent unauthorized access to 

the information. An ADP system is 

defined here as a data processing system 

having the capability of long term 

storage of SGI–M. Word processors such 

as typewriters are not subject to the 

requirements as long as they do not 

transmit information off-site. (Note: If 

SGI–M is produced on a typewriter, the 

ribbon must be removed and stored in 

the same manner as other SGI–M 

information or media.) The basic 

objective of these restrictions is to 

prevent access and retrieval of stored 

SGI–M by unauthorized individuals, 

Federal Register / Vol. 69, No. 218 / Friday, November 12, 2004 / Notices 65477

1Section 3(c)(1) generally excepts from the 

definition of investment company under the 

Investment Company Act any issuer whose 

outstanding securities are beneficially owned by not 

more than 100 persons and which is not making, 

and does not presently propose to make, a public 

offering of its securities.

particularly from remote terminals. 

Specific files containing SGI–M will be 

password protected to preclude access 

by an unauthorized individual. The 

National Institute of Standards and 

Technology (NIST) maintains a listing of 

all validated encryption systems at 

http://csrc.nist.gov/cryptval/140–1/

1401val.htm. SGI–M files may be 

transmitted over a network if the file is 

encrypted. In such cases, the licensee 

will select a commercially available 

encryption system that NIST has 

validated as conforming to Federal 

Information Processing Standards 

(FIPS). SGI–M files shall be properly 

labeled as ‘‘Safeguards Information—

Modified Handling’’ and saved to 

removable media and stored in a locked 

file drawer or cabinet. 

Telecommunications 

SGI–M may not be transmitted by 

unprotected telecommunications 

circuits except under emergency or 

extraordinary conditions. For the 

purpose of this requirement, emergency 

or extraordinary conditions are defined 

as any circumstances that require 

immediate communications in order to 

report, summon assistance for, or 

respond to a security event (or an event 

that has potential security significance). 

This restriction applies to telephone, 

telegraph, teletype, facsimile circuits, 

and to radio. Routine telephone or radio 

transmission between site security 

personnel, or between the site and local 

police, should be limited to message 

formats or codes that do not disclose 

facility security features or response 

procedures. Similarly, call-ins during 

transport should not disclose 

information useful to a potential 

adversary. Infrequent or non-repetitive 

telephone conversations regarding a 

physical security plan or program are 

permitted provided that the discussion 

is general in nature. 

Individuals should use care when 

discussing SGI–M at meetings or in the 

presence of others to insure that the 

conversation is not overheard by 

persons not authorized access. 

Transcripts, tapes or minutes of 

meetings or hearings that contain SGI–

M shall be marked and protected in 

accordance with these requirements. 

Destruction 

Documents containing SGI–M should 

be destroyed when no longer needed. 

They may be destroyed by tearing into 

small pieces, burning, shredding or any 

other method that precludes 

reconstruction by means available to the 

public at large. Piece sizes one half inch 

or smaller composed of several pages or 

documents and thoroughly mixed 

would be considered completely 

destroyed.

[FR Doc. 04–25170 Filed 11–10–04; 8:45 am] 

BILLING CODE 7590–01–P

POSTAL RATE COMMISSION

Sunshine Act Meetings

NAME OF AGENCY: Postal Rate 

Commission.

TIME AND DATE: Tuesday, November 16, 

2004, at 2:30 p.m.

PLACE: Commission conference room, 

1333 H Street, NW., Suite 300, 

Washington, DC 20268—0001.

STATUS: Closed.

MATTERS TO BE CONSIDERED: 

Consideration of Docket No. MC2004–3, 

Rate and Service Changes to Implement 

Functionally Equivalent Negotiated 

Service Agreement with Bank One 

Corporation.

CONTACT PERSON FOR MORE INFORMATION:

Stephen L. Sharfman, General Counsel, 

Postal Rate Commission, Suite 300, 

1333 H Street, NW., Washington, DC 

20268–0001, 202–789–6820.

Dated: November 8, 2004. 

Steven W. Williams, 

Secretary.

[FR Doc. 04–25297 Filed 11–9–04; 12:57 pm] 

BILLING CODE 7710–FW–M

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. IA–2321/803–178] 

The Charles Talbot Fund; Notice of 

Application 

November 5, 2004.

AGENCY: Securities and Exchange 

Commission (‘‘SEC’’).

ACTION: Notice of Application for 

Exemption under the Investment 

Advisers Act of 1940 (‘‘Advisers Act’’ or 

‘‘Act’’). 

APPLICANT: The Charles Talbot Fund (the 

‘‘Fund’’ or ‘‘Applicant’’).

RELEVANT ADVISERS ACT SECTIONS:

Exemption requested under section 

205(e) of the Advisers Act from section 

205(a)(1) of that Act.

SUMMARY OF APPLICATION: Applicant 

requests an order under section 205(e) 

of the Advisers Act to permit registered 

investment advisers to charge it 

performance-based advisory fees 

notwithstanding the prohibition set 

forth in section 205(a)(1) of the Act.

FILING DATES: The application was filed 

on October 28, 2003, and amended on 

March 12, 2004, and amended further 

on May 7, 2004.

HEARING OR NOTIFICATION OF HEARING: An 

order granting the application will be 

issued unless the SEC orders a hearing. 

Interested persons may request a 

hearing by writing to the SEC’s 

Secretary and serving the Applicant 

with a copy of the request, either 

personally or by mail. Hearing requests 

should be received by the SEC by 5:30 

p.m., on November 30, 2004, and should 

be accompanied by proof of service on 

Applicant, in the form of an affidavit or, 

for lawyers, a certificate of service. 

Hearing requests should state the nature 

of the writer’s interest, the reason for the 

request, and the issues contested. 

Persons may request notification of a 

hearing by writing to the SEC’s 

Secretary.

ADDRESSES: Secretary: SEC, 450 Fifth 

Street, NW., Washington, DC 20549. 

Applicant: The Charles Talbot Fund, 

46775 Ann Arbor Trail, Plymouth, 

Michigan, 48170.

FOR FURTHER INFORMATION CONTACT:

Marilyn Barker, Senior Counsel, or 

Jennifer L. Sawin, Assistant Director, 

Division of Investment Management, 

Office of Investment Adviser 

Regulation, at (202) 942–0719.

SUPPLEMENTARY INFORMATION: The 

following is a summary of the 

application. The complete application 

may be obtained for a fee at the SEC’s 

Public Reference Branch. 

Applicant’s Representations 

1. Applicant is a Michigan limited 

partnership formed in 1978 for general 

investment purposes so as to facilitate 

and simplify the investment of assets 

owned by the Talbot family. Applicant 

represents that the Fund is the Talbot 

family’s principal investment vehicle, 

and is exempt from registration as an 

investment company under section 

3(c)(1) of the Investment Company Act 

of 1940 (the ‘‘Investment Company 

Act’’).1

2. Charles F. Talbot, Jr., is the Fund’s 

general partner. Mr. Talbot is 

compensated for services as general 

partner by pro rata participation in the 

gain or loss of the partnership. He is 

reimbursed for actual hours spent in the 

partnership business such as 

accounting. The Fund has no other 

executives or employees.