Federal Register / Vol. 75, No. 44 / Monday, March 8, 2010 / Notices 10525 

1SGI is a form of sensitive, unclassified, securityrelated information that the Commission has the 

authority to designate and protect under Section 

147 of the AEA. 

2The NRC’s determination of this individual’s 

access to SGI in accordance with the process 

described in Enclosure 3 to the transmittal letter of 

this order is an administrative determination that is 

outside the scope of this order. 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No.: 70–7015; EA–2009–291; NRC– 

2009–0187] 

In the Matter of: AREVA Enrichment 

Services, LLC (Eagle Rock Enrichment 

Facility) and All Other Persons Who 

Seek or Obtain Access to Safeguards 

Information Described Herein; Order 

Imposing Requirements for a 

Reviewing Official for the 

Implementation of a Safeguards 

Information Program (Effective 

Immediately) 

I 

AREVA Enrichment Services, LLC 

(AES), has applied to the U.S. Nuclear 

Regulatory Commission (NRC) for a 

license to authorize it to construct and 

operate a uranium enrichment facility in 

Bonneville County, Idaho. AES 

submitted a license application to the 

NRC on December 30, 2008 and a 

revised license application on April 23, 

2009; this revised license application is 

currently under review. On October 22, 

2009, AES notified the NRC of its 

implementation of a Safeguards 

Information (SGI) program for the Eagle 

Rock Enrichment Facility in accordance 

with Title 10 of the Code of Federal 

Regulations (10 CFR) 73.22, ‘‘Protection 

of Safeguards Information: Specific 

Requirements.’’ 

On August 8, 2005, the Energy Policy 

Act of 2005 (EPAct) was enacted. 

Section 652 of the EPAct amended 

Section 149 of the Atomic Energy Act of 

1954 (AEA), as amended, to require 

fingerprinting and a Federal Bureau of 

Investigation (FBI) identification and 

criminal history records check of any 

person who is to be permitted to have 

access to SGI.1 Initially, after enactment 

of the EPAct, the Commission issued 

orders to certain licensees imposing 

fingerprinting and criminal history 

checks for individuals seeking access to 

SGI. 

Subsequently, the NRC amended the 

regulations at 10 CFR Part 73, ‘‘Physical 

Protection of Plants and Materials,’’ to 

incorporate the fingerprinting and 

criminal history records check 

requirements for access to SGI, to 

conform with the EPAct, and to include 

the general requirements of the 

Commission’s orders. The amendment 

to 10 CFR Part 73 addressed and 

expanded the protection of SGI, 

including access to SGI, the types of 

security information to be protected, 

and handling and storage requirements. 

The requirements set forth in 10 CFR 

Part 73 reflect the minimum restrictions 

that the Commission found necessary to 

protect SGI against inadvertent release 

or unauthorized disclosure that might 

compromise public health and safety or 

the common defense and security. 

Although the amendment to 10 CFR 

Part 73 generally incorporates the 

requirements of the orders, it did not 

codify the requirement for each licensee 

or applicant to nominate a reviewing 

official for NRC approval, including the 

notification to the NRC of any changes 

to the reviewing official. The orders 

required licensees to nominate an 

individual to review the results of an 

individual’s criminal history records 

check report and other relevant 

trustworthiness and reliability 

information to determine whether that 

individual may be given access to SGI. 

In the October 22, 2009, notification of 

its implementation of an SGI program, 

AES nominated a reviewing official and 

submitted the individual’s fingerprints 

to the NRC under separate cover. This 

order imposes the requirement for 

nominating an initial reviewing official 

and for notifying the NRC of any desired 

change to the reviewing official. 

II 

The Commission has broad statutory 

authority to protect and prohibit the 

unauthorized disclosure of SGI. Section 

147 of the AEA grants the Commission 

explicit authority to issue such orders, 

as necessary, to prohibit the 

unauthorized disclosure of SGI. 

Furthermore, Section 652 of the EPAct 

amended Section 149 of the AEA to 

require fingerprinting and an FBI 

identification and criminal history 

records check of each individual who 

seeks access to SGI. In addition, the 

regulations at 10 CFR Part 73 state that 

no person may have access to SGI 

unless the person has an established 

need to know and satisfies the 

trustworthiness and reliability 

requirements of the regulations. 

In order to provide assurance that 

AES is taking appropriate measures to 

comply with the fingerprinting and 

criminal history check requirements for 

access to SGI, AES shall implement the 

requirements of this order. In addition, 

pursuant to 10 CFR 2.202, ‘‘Orders,’’ the 

NRC finds that in light of the common 

defense and security matters identified 

above, which warrant the issuance of 

this order, public health and safety and 

the public interest require that this 

order be effective immediately. 

III 

Accordingly, under Sections 53, 62, 

63, 81, 147, 149, 161b, 161i, 161o, 182, 

and 186 of the AEA and under the 

Commission’s regulations at 10 CFR 

2.202; 10 CFR Part 30, ‘‘Rules of General 

Applicability to Domestic Licensing of 

Byproduct Material’’; 10 CFR Part 40, 

‘‘Domestic Licensing of Source 

Material’’; 10 CFR Part 70, ‘‘Domestic 

Licensing of Special Nuclear Material’’; 

and 10 CFR Part 73, it is hereby ordered, 

effective immediately, that AES and all 

other persons who seek or obtain access 

to SGI described herein shall comply 

with the requirements set forth in this 

order. 

A. No person may have access to any 

SGI if the NRC has determined, based 

on fingerprinting and an FBI 

identification and criminal history 

records check, that the person may not 

have access to SGI. 

B. No person may provide SGI to any 

other person except in accordance with 

applicable requirements and Condition 

III.A. above. Prior to providing SGI to 

any person, a copy of this Order shall 

be provided to that person. 

C. AES shall comply with the 

following three requirements: 

1. The NRC has determined that the 

individual whom AES nominated as its 

reviewing official meets the 

fingerprinting and FBI identification 

and criminal history records check 

requirements.2 AES shall, in a written 

response to the Commission, inform the 

NRC whether this individual is 

approved as AES’s reviewing official, 

based upon the required background 

check according to 10 CFR 73.22(b), for 

determining access to SGI by this 

individual. AES may, at the same time 

or later, submit the fingerprints of other 

individuals for whom it seeks to grant 

access to SGI. Fingerprints shall be 

submitted and reviewed in accordance 

with the procedures described in 10 

CFR Part 73. 

2. AES shall notify the NRC of any 

desired change to the reviewing official. 

The NRC will determine whether this 

individual (or any subsequent reviewing 

official) may have access to SGI and, 

therefore, will be permitted to serve as 

the AES reviewing official, subject to 

AES performing the required 10 CFR 

73.22 background check. The NRC will 

base its determination on a previously 

obtained or new criminal history 

records check. 


srobinson on DSKHWCL6B1PROD with NOTICES
10526 Federal Register / Vol. 75, No. 44 / Monday, March 8, 2010 / Notices 

3. AES shall, in writing, within 20 

days of the date of this order, notify the 

Commission (a) if it is unable to comply 

with any of the requirements described 

in the order or (b) if compliance with 

any of the requirements is unnecessary 

based on its specific circumstances. In 

the notification, AES shall provide 

justification for seeking relief from, or 

the variation of, any specific 

requirement. 

Licensees shall submit their responses 

to B.1, B.2, and B.3 above to the 

Director, Office of Nuclear Material 

Safety and Safeguards, U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555. In addition, licensees shall 

mark their responses as ‘‘SecurityRelated Information—Withhold under 

10 CFR 2.390.’’ 

The Director, Office of Nuclear 

Material Safety and Safeguards, may, in 

writing, relax or rescind any of the 

above conditions on demonstration of 

good cause by AES. 

IV 

In accordance with 10 CFR 2.202, 

AES must, and any other person 

adversely affected by this order may, 

submit an answer to this order and may 

request a hearing on this order within 

20 days of the date of this order. Where 

good cause is shown, the NRC will 

consider extending the time to request 

a hearing. A request for an extension of 

time in which to submit an answer or 

to request a hearing must be made in 

writing to the Director, Office of Nuclear 

Material Safety and Safeguards, U.S. 

Nuclear Regulatory Commission, 

Washington, DC 20555, and must 

include a statement of good cause for 

the extension. The answer may consent 

to this order. Unless the answer 

consents to this order, the answer shall, 

in writing and under oath or 

affirmation, specifically set forth the 

matters of fact and law by which AES 

or other entities adversely affected rely 

and the reasons as to why the NRC 

should not have issued the order. Any 

answer or request for a hearing shall be 

submitted to the Secretary, Office of the 

Secretary, U.S. Nuclear Regulatory 

Commission, ATTN: Rulemakings and 

Adjudications Staff, Washington, DC 

20555. Copies shall also be sent to the 

Director, Office of Nuclear Material 

Safety and Safeguards, U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555; to the Assistant General 

Counsel for Materials Litigation and 

Enforcement at the same address; and to 

AES if an entity other than AES submits 

the answer or hearing request. Because 

of possible delays in the delivery of mail 

to U.S. Government offices, the NRC 

requests that answers and requests for 

hearings be transmitted to the Secretary 

of the Commission either by facsimile 

transmission to 301–415–1101 or by email to hearingdocket@nrc.gov and also 

to the Office of the General Counsel 

either by facsimile transmission to 301– 

415–3725 or by e-mail to 

OGCMailCenter@nrc.gov. If an entity 

other than AES requests a hearing, that 

entity shall set forth, with particularity, 

the manner in which its interest is 

adversely affected by this order and 

shall address the criteria set forth in 10 

CFR 2.309, ‘‘Public Inspections, 

Exemptions, Requests for Withholding.’’ 

If AES or a person whose interest is 

adversely affected by this order requests 

a hearing, 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 this hearing 

shall be whether this order should be 

sustained. 

Under 10 CFR 2.202(c)(2)(i), AES 

may, in addition to demanding a 

hearing, at the time the answer is filed, 

or soon thereafter, move that the 

presiding officer set aside the immediate 

effectiveness of the order on the grounds 

that the order, including the need for 

immediate effectiveness, is not based on 

adequate evidence but on mere 

suspicion, unfounded allegations, or 

error. In the absence of any request for 

a hearing or written approval of an 

extension of time in which to request a 

hearing, the provisions, as specified 

above in Section III, shall be final 20 

days from the date of this order without 

further issuance of an order or 

proceedings. 

If an extension of time for requesting 

a hearing has been approved, the 

provisions, as specified above in Section 

III, shall be final when the extension 

expires if a hearing request has not been 

received. An answer or a request for a 

hearing shall not stay the immediate 

effectiveness of this order. 

Dated this 26th day of February 2010. 

For the Nuclear Regulatory Commission. 

Michael F. Weber, 

Director, Office of Nuclear Material Safety 

and Safeguards. 

[FR Doc. 2010–4829 Filed 3–5–10; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[IA–09–068; NRC–2010–0085] 

In the Matter of Mr. Lawrence E. 

Grimm; Order Prohibiting Involvement 

in NRC-Licensed Activities 

I 

Mr. Lawrence E. Grimm was 

employed as a radiation safety officer at 

the U.S. Department of Commerce’s 

National Institute of Standards and 

Technology (NIST or Licensee), 

Boulder, Colorado facility. NIST holds 

License 05–3166–05, issued by the U.S. 

Nuclear Regulatory Commission (NRC 

or Commission) pursuant to 10 CFR part 

30 on December 19, 1966, and amended 

to include 10 CFR parts 40 and 70 on 

April 19, 2007. The license authorizes 

the operation of the NIST-Boulder 

facility in accordance with the 

conditions specified therein. Mr. Grimm 

was listed on the license as the radiation 

safety officer (January 18, 2007, 

Amendment 27, until the issuance of 

Amendment 33, on January 16, 2009). 

II 

On July 22, 2008, the United States 

Nuclear Regulatory Commission’s Office 

of Investigations (OI) initiated an 

investigation to determine if Mr. Grimm 

willfully failed to provide complete and 

accurate information to the NRC in a 

license amendment application dated 

February 15, 2007, regarding written 

procedures for the safe use of 

radioactive sources and security of 

material. A predecisional enforcement 

conference was held on January 7, 2010, 

with Mr. Grimm to obtain Mr. Grimm’s 

perspective on the apparent violation. 

Based on a review of information from 

the investigation and information 

provided during the predecisional 

enforcement conference, a violation of 

the NRC’s rule prohibiting deliberate 

misconduct, 10 CFR 30.10, was 

identified, with two examples, 

involving the dosimetry program and 

the security of materials, which caused 

the Licensee to be in violation of 10 CFR 

30.9. Specifically, on February 15, 2007, 

Mr. Grimm submitted an amendment 

request to expand NIST-Boulder’s 

licensed activities to acquire and use 

source and special nuclear material, 

including plutonium. The 2007 

amendment request stated that the 

‘‘Boulder facility maintains a radiation 

safety procedure manual entitled, 

‘Health Physics Instructions’ (HPIs). 

Drawn from the Gaithersburg radiation 

safety procedures, these procedures 

cover all health physics aspects 

pertinent to Boulder’s radiation safety 


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