[Federal Register Volume 69, Number 218 (Friday, November 12, 2004)]
[Notices]
[Pages 65470-65477]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-25170]


-----------------------------------------------------------------------

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

[[Page 65471]]

licensee of the Commission, who produces, receives, or acquires 
Safeguards Information.
---------------------------------------------------------------------------

    \1\ Attachment 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.
    \2\ Person 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 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.
---------------------------------------------------------------------------

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 
<a href="/cdn-cgi/l/email-protection#d0b8b5b1a2b9beb7b4bfb3bbb5a490bea2b3feb7bfa6"><span class="__cf_email__" data-cfemail="fd95989c8f94939a99929e969889bd938f9ed39a928b">[email protected]</span></a> and also to the Office of the General Counsel 
either by means of facsimile transmission to 301-415-3725 or by e-mail 
to <a href="/cdn-cgi/l/email-protection#e0afa7a3ad81898ca3858e948592a08e9283ce878f96"><span class="__cf_email__" data-cfemail="c38c84808ea2aaaf80a6adb7a6b183adb1a0eda4acb5">[email protected]</span></a>. If a person

[[Page 65472]]

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

[[Page 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, Davis-Besse, 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-

[[Page 65474]]

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.

[[Page 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., need-to-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 non-governmental 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;

[[Page 65476]]

    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 ``need-to-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,

[[Page 65477]]

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


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>