Federal Register / Vol. 74, No. 73 / Friday, April 17, 2009 / Notices 17885 

include information of a proprietary or 

confidential nature, including technical 

information; and information on personnel. 

These matters are exempt under 5 U.S.C. 

552b(c), (4) and (6) of the Government in the 

Sunshine Act. 

Dated: April 14, 2009. 

Susanne Bolton, 

Committee Management Officer. 

[FR Doc. E9–8813 Filed 4–16–09; 8:45 am] 

BILLING CODE 7555–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[NRC–2008–0516] 

Notice of Issuance of Regulatory Guide 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Notice of Issuance and 

Availability of Regulatory Guide (RG) 

3.16, Revision 1. 

FOR FURTHER INFORMATION CONTACT: 

Mark Orr, Regulatory Guide 

Development Branch, Division of 

Engineering, Office of Nuclear 

Regulatory Research, U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555–0001, telephone (301) 251– 

7495 or e-mail to Mark.Orr@nrc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

The U.S. Nuclear Regulatory 

Commission (NRC) is issuing a revision 

to an existing guide in the agency’s 

‘‘Regulatory Guide’’ series. This series 

was developed to describe and make 

available to the public information such 

as methods that are acceptable to the 

NRC staff for implementing specific 

parts of the agency’s regulations, 

techniques that the staff uses in 

evaluating specific problems or 

postulated accidents, and data that the 

staff needs in its review of applications 

for permits and licenses. 

RG 3.16, ‘‘General Fire Protection 

Guide for Plutonium Processing and 

Fuel Fabrication Plants,’’ was issued 

with a temporary identification as Draft 

Regulatory Guide, DG–3035. RG 3.16 

provides the reader the type of 

information the NRC staff will use to 

evaluate the fire protection program 

proposed by an applicant as part of an 

application to construct and operate a 

plutonium processing and mixed oxide 

(MOX) fuel fabrication facility. 

The NRC considers a MOX fuel 

fabrication facility to be a plutonium 

processing and fuel fabrication plant as 

defined in Title 10, part 70, ‘‘Domestic 

Licensing of Special Nuclear Material,’’ 

of the Code of Federal Regulations (10 

CFR part 70). Thus, applications for 

licensing of plutonium processing or 

fuel fabrication facilities must satisfy 

the requirements of 10 CFR 70.23, 

‘‘Requirements for the Approval of 

Applications;’’ 10 CFR 70.61, 

‘‘Performance Requirements;’’ and 10 

CFR 70.64, ‘‘Requirements for New 

Facilities or New Processes at Existing 

Facilities.’’ 

RG 3.16 endorses the methods and 

procedures contained in the current 

revision of NUREG–1718, ‘‘Standard 

Review Plan for the Review of an 

Application for a Mixed Oxide (MOX) 

Fuel Fabrication Facility,’’ Chapter 7, 

‘‘Fire Protection,’’ for reviewing the fire 

protection portion of the licensing 

application as acceptable for meeting 

the regulatory requirements as they 

relate to fire protection and the 

radiological consequences from fires. 

II. Further Information 

In September 2008, DG–3035 was 

published with a public comment 

period of 60 days from the issuance of 

the guide. The public comment period 

closed on November 13, 2008. No 

comments were received. Electronic 

copies of RG 3.16, Revision 1 are 

available through the NRC’s public Web 

site under ‘‘Regulatory Guides’’ at 

http://www.nrc.gov/reading-rm/doccollections/. 

In addition, regulatory guides are 

available for inspection at the NRC’s 

Public Document Room (PDR), which is 

located at Room O–1F21, One White 

Flint North, 11555 Rockville Pike, 

Rockville, Maryland 20852–2738. The 

PDR’s mailing address is USNRC PDR, 

Washington, DC 20555–0001. The PDR 

can also be reached by telephone at 

(301) 415–4737 or (800) 397–4209, by 

fax at (301) 415–3548, and by e-mail to 

pdr.resource@nrc.gov. 

Regulatory guides are not 

copyrighted, and NRC approval is not 

required to reproduce them. 

Dated at Rockville, Maryland, this 27th day 

of January, 2009. 

For the Nuclear Regulatory Commission. 

Andrea D. Valentin, 

Chief, Regulatory Guide Development Branch, 

Division of Engineering, Office of Nuclear 

Regulatory Research. 

[FR Doc. E9–8828 Filed 4–16–09; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 72–69; EA–09–073; NRC–2009– 

0168] 

In the Matter of FirstEnergy Operating 

Company; Perry Nuclear Power Plant 

Independent Spent Fuel Installation 

Order Modifying License (Effective 

Immediately) 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Issuance of order for 

implementation of additional security 

measures and fingerprinting for 

unescorted access to FirstEnergy 

Operating Company. 

FOR FURTHER INFORMATION CONTACT: L. 

Raynard Wharton, Senior Project 

Manager, Licensing and Inspection 

Directorate, Division of Spent Fuel 

Storage and Transportation, Office of 

Nuclear Material Safety and Safeguards 

(NMSS), U.S. Nuclear Regulatory 

Commission (NRC), Rockville, MD 

20852. Telephone: (301) 492–3316; fax 

number: (301) 492–3348; e-mail: 

LRaynard.Wharton@nrc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

Pursuant to 10 CFR 2.106, NRC (or the 

Commission) is providing notice, in the 

matter of Perry Nuclear Power Plant 

Independent Spent Fuel Storage 

Installation (ISFSI) Order Modifying 

License (Effective Immediately). 

II. Further Information 

I 

NRC has issued a general license to 

FirstEnergy Nuclear Operating Company 

(FENOC), authorizing the operation of 

an ISFSI, in accordance with the Atomic 

Energy Act of 1954, as amended, and 

Title 10 of the Code of Federal 

Regulations (10 CFR) Part 72. This 

Order is being issued to FENOC, which 

has identified near-term plans to store 

spent fuel in an ISFSI under the general 

license provisions of 10 CFR Part 72. 

The Commission’s regulations at 10 CFR 

72.212(b)(5), 10 CFR 50.54(p)(1), and 10 

CFR 73.55(c)(5) require FENOC to 

maintain safeguards contingency plan 

procedures to respond to threats of 

radiological sabotage and to protect the 

spent fuel against the threat of 

radiological sabotage, in accordance 

with 10 CFR Part 73, Appendix C. 

Specific physical security requirements 

are contained in 10 CFR 73.51 or 73.55, 

as applicable. 

Inasmuch as an insider has an 

opportunity equal to, or greater than, 

any other person, to commit radiological 

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17886 Federal Register / Vol. 74, No. 73 / Friday, April 17, 2009 / Notices 

sabotage, the Commission has 

determined these measures to be 

prudent. Comparable Orders have been 

issued to all licensees that currently 

store spent fuel or have identified nearterm plans to store spent fuel in an 

ISFSI. 

II 

On September 11, 2001, terrorists 

simultaneously attacked targets in New 

York, NY, and Washington, DC, using 

large commercial aircraft as weapons. In 

response to the attacks and intelligence 

information subsequently obtained, the 

Commission issued a number of 

Safeguards and Threat Advisories to its 

licensees, to strengthen licensees’ 

capabilities and readiness to respond to 

a potential attack on a nuclear facility. 

On October 16, 2002, the Commission 

issued Orders to the licensees of 

operating ISFSIs, to place the actions 

taken in response to the Advisories into 

the established regulatory framework 

and to implement additional security 

enhancements that emerged from NRC’s 

ongoing comprehensive review. The 

Commission has also communicated 

with other Federal, State, and local 

government agencies and industry 

representatives to discuss and evaluate 

the current threat environment in order 

to assess the adequacy of security 

measures at licensed facilities. In 

addition, the Commission has 

conducted a comprehensive review of 

its safeguards and security programs 

and requirements. 

As a result of its consideration of 

current safeguards and security 

requirements, as well as a review of 

information provided by the intelligence 

community, the Commission has 

determined that certain additional 

security measures (ASMs) are required 

to address the current threat 

environment, in a consistent manner 

throughout the nuclear ISFSI 

community. Therefore, the Commission 

is imposing requirements, as set forth in 

Attachments 1 and 2 of this Order, on 

all licensees of these facilities. These 

requirements, which supplement 

existing regulatory requirements, will 

provide the Commission with 

reasonable assurance that the public 

health and safety, the environment, and 

common defense and security continue 

to be adequately protected in the current 

threat environment. These requirements 

will remain in effect until the 

Commission determines otherwise. 

The Commission recognizes that 

licensees may have already initiated 

many of the measures set forth in 

Attachments 1 and 2 to this Order, in 

response to previously issued 

advisories, or on their own. It also 

recognizes that some measures may not 

be possible nor necessary at some sites, 

or may need to be tailored to 

accommodate the specific 

circumstances existing at FENOC’s 

facility, to achieve the intended 

objectives and avoid any unforeseen 

effect on the safe storage of spent fuel. 

Although the ASMs implemented by 

licensees in response to the Safeguards 

and Threat Advisories have been 

sufficient to provide reasonable 

assurance of adequate protection of 

public health and safety, the 

Commission concludes that these 

actions must be embodied in a legally 

binding order because the current threat 

environment continues to persist. 

Therefore, it is appropriate to require 

through this Order, certain ASMs, 

consistent with the established 

regulatory framework. 

To provide assurance that licensees 

are implementing prudent measures to 

achieve a consistent level of protection 

to address the current threat 

environment, licenses issued pursuant 

to 10 CFR 72.210 shall be modified to 

include the requirements identified in 

Attachments 1 and 2 to this Order. In 

addition, pursuant to 10 CFR 2.202, I 

find that, in light of the common 

defense and security circumstances 

described above, the public health, 

safety, and interest require that this 

Order be effective immediately. 

III 

Accordingly, pursuant to Sections 53, 

103, 104, 147, 149, 161b, 161i, 161o, 

182, and 186 of the Atomic Energy Act 

of 1954, as amended, and the 

Commission’s regulations in 10 CFR 

2.202 and 10 CFR Parts 50, 72, and 73, 

it is hereby ordered, effective 

immediately, that your general license is 

modified as follows: 

A. FENOC shall comply with the 

requirements described in Attachments 

1 and 2 to this Order, except to the 

extent that a more stringent requirement 

is set forth in the Perry Nuclear Power 

Plant’s reactor physical security plan. 

FENOC shall immediately start 

implementation of the requirements in 

Attachments 1 and 2 to the Order and 

shall complete implementation no later 

than 180 days from the date of this 

Order, with the exception of the ASM 

B.4 of Attachment 1 [‘‘Additional 

Security Measures (ASMs) for Physical 

Protection of Dry Independent Spent 

Fuel Storage Installations (ISFSIs)’’], 

which shall be implemented no later 

than 365 days from the date of this 

Order. In any event, FENOC shall 

complete implementation of all ASMs 

before the first day that spent fuel is 

initially placed in the ISFSI. 

B. 1. FENOC shall, within twenty (20) 

days of the date of this Order, notify the 

Commission: (1) if it is unable to 

comply with any of the requirements 

described in Attachments 1 and 2; (2) if 

compliance with any of the 

requirements is unnecessary, in its 

specific circumstances; or (3) if 

implementation of any of the 

requirements would cause FENOC to be 

in violation of the provisions of any 

Commission regulation or the facility 

license. The notification shall provide 

FENOC’s justification for seeking relief 

from, or variation of, any specific 

requirement. 

2. If FENOC considers that 

implementation of any of the 

requirements described in Attachments 

1 and 2 to this Order would adversely 

impact the safe storage of spent fuel, 

FENOC must notify the Commission, 

within twenty (20) days of this Order, of 

the adverse safety impact, the basis for 

its determination that the requirement 

has an adverse safety impact, and either 

a proposal for achieving the same 

objectives specified in Attachments 1 

and 2 requirements in question, or a 

schedule for modifying the facility, to 

address the adverse safety condition. If 

neither approach is appropriate, FENOC 

must supplement its response, to 

Condition B.1 of this Order, to identify 

the condition as a requirement with 

which it cannot comply, with attendant 

justifications, as required under 

Condition B.1. 

C. 1. FENOC shall, within twenty (20) 

days of this Order, submit to the 

Commission, a schedule for achieving 

compliance with each requirement 

described in Attachments 1 and 2. 

2. FENOC shall report to the 

Commission when it has achieved full 

compliance with the requirements 

described in Attachments 1 and 2. 

D. All measures implemented or 

actions taken in response to this Order 

shall be maintained until the 

Commission determines otherwise. 

FENOC’s response to Conditions B.1, 

B.2, C.1, and C.2, above, shall be 

submitted in accordance with 10 CFR 

72.4. In addition, submittals and 

documents produced by FENOC as a 

result of this order, that contain 

Safeguards Information as defined by 10 

CFR 73.22, shall be properly marked 

and handled, in accordance with 10 

CFR 73.21 and 73.22. 

The Director, Office of Nuclear 

Material Safety and Safeguards, may, in 

writing, relax or rescind any of the 

above conditions, for good cause. 

IV 

In accordance with 10 CFR 2.202, 

FENOC must, and any other person 

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Federal Register / Vol. 74, No. 73 / Friday, April 17, 2009 / Notices 17887 

adversely affected by this Order may, 

submit an answer to this Order within 

20 days of the date of the Order. In 

addition, FENOC and any other person 

adversely affected by this Order, may 

request a hearing on this Order within 

20 days of the date of the Order. Where 

good cause is shown, consideration will 

be given to extending the time to answer 

or request a hearing. A request for 

extension of time must be made, in 

writing, to the Director, Office of 

Nuclear Material Safety and Safeguards, 

U.S. Nuclear Regulatory Commission, 

Washington, DC 20555–0001, and 

include a statement of good cause for 

the extension. 

The answer may consent to this 

Order. If the answer includes a request 

for a hearing, it shall, under oath or 

affirmation, specifically set forth the 

matters of fact and law on which 

FENOC relies and the reasons as to why 

the Order should not have been issued. 

If a person other than FENOC 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 2.309(d). 

All documents filed in NRC 

adjudicatory proceedings, including a 

request for hearing, a petition for leave 

to intervene, any motion or other 

document filed in the proceeding before 

the submission of a request for hearing 

or petition to intervene, and documents 

filed by interested governmental entities 

participating under 10 CFR 2.315(c), 

must be filed in accordance with the 

NRC E-Filing rule, which NRC 

promulgated in August 28, 2007 (72 FR 

49139), and codified in pertinent part at 

10 CFR Part 2, Subpart B. The E-Filing 

process requires participants to submit 

and serve all adjudicatory documents 

over the Internet, or in some cases, to 

mail copies on electronic storage media. 

Participants may not submit paper 

copies of their filings unless they seek 

a waiver in accordance with the 

procedures described below. 

To comply with the procedural 

requirements associated with E-Filing, 

at least five (5) days prior to the filing 

deadline the requestor must contact the 

Office of the Secretary by e-mail at 

hearingdocket@nrc.gov, or by calling 

(301) 415–1677, to request: (1) A digital 

ID certificate, which allows the 

participant (or its counsel or 

representative) to digitally sign 

documents and access the E-Submittal 

server for any NRC proceeding in which 

it is participating; and/or (2) creation of 

an electronic docket for the proceeding 

[even in instances when the requestor 

(or its counsel or representative) already 

holds an NRC-issued digital ID 

certificate]. Each requestor will need to 

download the Workplace Forms 

Viewer TM to access the Electronic 

Information Exchange (EIE), a 

component of the E-Filing system. The 

Workplace Forms Viewer TM is free and 

is available at http://www.nrc.gov/sitehelp/e-submittals/install-viewer.html. 

Information about applying for a digital 

ID certificate also is available on NRC’s 

public Web site at http://www.nrc.gov/ 

site-help/e-submittals/applycertificates.html. 

Once a requestor has obtained a 

digital ID certificate, had a docket 

created, and downloaded the EIE 

viewer, he/she can then submit a 

request for a hearing through EIE. 

Submissions should be in Portable 

Document Format (PDF) in accordance 

with NRC guidance available on the 

NRC public Web site at http:// 

www.nrc.gov/site-help/esubmittals.html. A filing is considered 

complete at the time the filer submits its 

document through EIE. To be timely, 

electronic filings must be submitted to 

the EIE system no later than 11:59 p.m., 

Eastern Time on the due date. Upon 

receipt of a transmission, the E-Filing 

system time-stamps the document and 

sends the submitter an e-mail notice 

confirming receipt of the document. The 

EIE system also distributes an e-mail 

notice that provides access to the 

document to the NRC Office of the 

General Counsel and any others who 

have advised the Office of the Secretary 

that they wish to participate in the 

proceeding, so that the filer need not 

serve the document on those 

participants separately. Therefore, any 

others who wish to participate in the 

proceeding (or their counsel or 

representative) must apply for, and 

receive digital ID certificates before 

hearing requests are filed so that they 

may obtain access to the documents via 

the E-Filing system. 

A person filing electronically may 

seek assistance through the ‘‘Contact 

Us’’ link located on the NRC Web site 

at http://www.nrc.gov/site-help/esubmittals.html, or by calling the NRC 

Meta-System Help Desk, which is 

available between 8 a.m. and 8 p.m., 

Eastern Time, Monday through Friday, 

excluding government holidays. The 

Meta-System Help Desk can be 

contacted by telephone at 1–866–672– 

7640 or by e-mail at 

MSHD.Resource@nrc.gov. 

Participants who believe that they 

have good cause for not submitting 

documents electronically must file 

motions, in accordance with 10 CFR 

2.302(g), with their initial paper filings 

requesting authorization to continue to 

submit documents in paper format. 

Such filings must be submitted by: (1) 

First-class mail, addressed to the Office 

of the Secretary of the Commission, U.S. 

Nuclear Regulatory Commission, 

Washington, DC 20555–0001, Attention: 

Rulemaking and Adjudications Staff; or 

(2) courier, express mail, or expedited 

delivery service to the Office of the 

Secretary, Sixteenth Floor, One White 

Flint North, 11555 Rockville Pike, 

Rockville, Maryland 20852, Attention: 

Rulemaking and Adjudications Staff. 

Participants filing a document in this 

manner are responsible for serving the 

document on all other participants. 

Filing is considered complete, by firstclass mail, as of the time of deposit in 

the mail, or by courier, express mail, or 

expedited delivery service upon 

depositing the document with the 

provider of the service. 

Documents submitted in adjudicatory 

proceedings will appear in NRC’s 

electronic hearing docket which is 

available to the public at http:// 

ehd.nrc.gov/EHD_Proceeding/home.asp, 

unless excluded pursuant to an order of 

the Commission, an Atomic Safety and 

Licensing Board, or a Presiding Officer. 

Participants are requested not to include 

personal privacy information, such as 

social security numbers, home 

addresses, or home phone numbers, in 

their filings. With respect to copyrighted 

works, except for limited excerpts that 

serve the purpose of the adjudicatory 

filings and would constitute a Fair-Use 

application, Participants are requested 

not to include copyrighted materials in 

their works. 

If a hearing is requested by FENOC 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), 

FENOC may, in addition to requesting a 

hearing, at the time the answer is filed 

or sooner, move the presiding officer to 

set aside the immediate effectiveness of 

the Order on the grounds that the Order, 

including the need for immediate 

effectiveness, is not based on adequate 

evidence, but on mere suspicion, 

unfounded allegations, or error. 

In the absence of any request for 

hearing, or written approval of an 

extension of time in which to request a 

hearing, the provisions as specified in 

Section III shall be final twenty (20) 

days from the date of this Order, 

without further Order or proceedings. If 

an extension of time for requesting a 

hearing has been approved, the 

provisions, as specified in Section III, 

shall be final when the extension 

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17888 Federal Register / Vol. 74, No. 73 / Friday, April 17, 2009 / Notices 

expires, if a hearing request has not 

been received. An answer or a request 

for hearing shall not stay the immediate 

effectiveness of this order. 

Dated at Rockville, Maryland, this 7th day 

of April 2009. 

For the Nuclear Regulatory Commission. 

Michael F. Weber, 

Director, Office of Nuclear Material Safety 

and Safeguards. 

Attachment 1—Additional Security 

Measures (ASMs) for Physical 

Protection of Dry Independent Spent 

Fuel Storage Installations (ISFSIs) 

Contains Safeguards Information and Is 

Not Included in the Federal Register 

Notice 

Attachment 2—Additional Security 

Measures for Access Authorization and 

Fingerprinting at Independent Spent 

Fuel Storage Installations, Dated 

December 19, 2007 

A. General Basis Criteria 

1. These additional security measures 

(ASMs) are established to delineate an 

independent spent fuel storage 

installation (ISFSI) licensee’s 

responsibility to enhance security 

measures related to authorization for 

unescorted access to the protected area 

of an ISFSI in response to the current 

threat environment. 

2. Licensees whose ISFSI is collocated 

with a power reactor may choose to 

comply with the NRC-approved reactor 

access authorization program for the 

associated reactor as an alternative 

means to satisfy the provisions of 

sections B through G below. Otherwise, 

licensees shall comply with the access 

authorization and fingerprinting 

requirements of section B through G of 

these ASMs. 

3. Licensees shall clearly distinguish 

in their 20-day response which method 

they intend to use in order to comply 

with these ASMs. 

B. Additional Security Measures for 

Access Authorization Program 

1. The licensee shall develop, 

implement and maintain a program, or 

enhance their existing program, 

designed to ensure that persons granted 

unescorted access to the protected area 

of an ISFSI are trustworthy and reliable 

and do not constitute an unreasonable 

risk to the public health and safety or 

the common defense and security, 

including a potential to commit 

radiological sabotage. 

a. To establish trustworthiness and 

reliability, the licensee shall develop, 

implement, and maintain procedures for 

conducting and completing background 

investigations, prior to granting access. 

The scope of background investigations 

must address at least the past three 

years and, as a minimum, must include: 

i. Fingerprinting and a Federal Bureau 

of Investigation (FBI) identification and 

criminal history records check (CHRC). 

Where an applicant for unescorted 

access has been previously fingerprinted 

with a favorably completed CHRC, (such 

as a CHRC pursuant to compliance with 

orders for access to safeguards 

information) the licensee may accept the 

results of that CHRC, and need not 

submit another set of fingerprints, 

provided the CHRC was completed not 

more than three years from the date of 

the application for unescorted access. 

ii. Verification of employment with 

each previous employer for the most 

recent year from the date of application. 

iii. Verification of employment with 

an employer of the longest duration 

during any calendar month for the 

remaining next most recent two years. 

iv. A full credit history review. 

v. An interview with not less than two 

character references, developed by the 

investigator. 

vi. A review of official identification 

(e.g., driver’s license, passport, 

government identification, State, 

Province or Country of birth issued 

certificate of birth) to allow comparison 

of personal information data provided 

by the applicant. The licensee shall 

maintain a photocopy of the identifying 

document(s) on file, in accordance with 

‘‘Protection of Information,’’ Section G 

of these ASMs. 

vii. Licensees shall confirm eligibility 

for employment through the regulations 

of the U.S. Department of Homeland 

Security, U.S. Citizenship and 

Immigration Services (USCIS), and shall 

verify and ensure, to the extent possible, 

the accuracy of the provided social 

security number and alien registration 

number as applicable. 

b. The procedures developed or 

enhanced shall include measures for 

confirming the term, duration, and 

character of military service, and 

academic enrollment and attendance in 

lieu of employment, for the past five 

years. 

c. Licensees need not conduct an 

independent investigation for 

individuals employed at a facility who 

possess active ‘‘Q’’ or ‘‘L’’ clearances or 

possess another active U.S. Government 

granted security clearance, i.e., Top 

Secret, Secret or Confidential. 

d. A review of the applicant’s 

criminal history, obtained from local 

criminal justice resources, may be 

included in addition to the FBI CHRC, 

and is encouraged if the results of the 

FBI CHRC, employment check, or credit 

check disclose derogatory information. 

The scope of the applicant’s local 

criminal history check shall cover all 

residences of record for the past three 

years from the date of the application 

for unescorted access. 

2. The licensee shall use any 

information obtained as part of a CHRC 

solely for the purpose of determining an 

individual’s suitability for unescorted 

access to the protected area of an ISFSI. 

3. The licensee shall document the 

basis for its determination for granting 

or denying access to the protected area 

of an ISFSI. 

4. The licensee shall develop, 

implement, and maintain procedures for 

updating background investigations for 

persons who are applying for 

reinstatement of unescorted access. 

Licensees need not conduct an 

independent reinvestigation for 

individuals who possess active ‘‘Q’’ or 

‘‘L’’ clearances or possess another active 

U.S. Government granted security 

clearance, i.e., Top Secret, Secret or 

Confidential. 

5. The licensee shall develop, 

implement, and maintain procedures for 

reinvestigations of persons granted 

unescorted access, at intervals not to 

exceed five years. Licensees need not 

conduct an independent reinvestigation 

for individuals employed at a facility 

who possess active ‘‘Q’’ or ‘‘L’’ 

clearances or possess another active 

U.S. Government granted security 

clearance, i.e., Top Secret, Secret or 

Confidential. 

6. The licensee shall develop, 

implement, and maintain procedures 

designed to ensure that persons who 

have been denied unescorted access 

authorization to the facility are not 

allowed access to the facility, even 

under escort. 

7. The licensee shall develop, 

implement, and maintain an audit 

program for licensee and contractor/ 

vendor access authorization programs 

that evaluate all program elements and 

include a person knowledgeable and 

practiced in access authorization 

program performance objectives to assist 

in the overall assessment of the site’s 

program effectiveness. 

C. Fingerprinting Program Requirements 

1. In a letter to the NRC, the licensee 

must nominate an individual who will 

review the results of the FBI CHRCs to 

make trustworthiness and reliability 

determinations for unescorted access to 

an ISFSI. This individual, referred to as 

the ‘‘reviewing official,’’ must be 

someone who requires unescorted 

access to the ISFSI. The NRC will 

review the CHRC of any individual 

nominated to perform the reviewing 

official function. Based on the results of 

the CHRC, the NRC staff will determine 

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1The NRC’s determination of this individual’s 

unescorted access to the ISFSI, in accordance with 

the process, is an administrative determination that 

is outside the scope of the Order. 

whether this individual may have 

access. If the NRC determines that the 

nominee may not be granted such 

access, that individual will be 

prohibited from obtaining access.1 Once 

the NRC approves a reviewing official, 

the reviewing official is the only 

individual permitted to make access 

determinations for other individuals 

who have been identified by the 

licensee as having the need for 

unescorted access to the ISFSI, and have 

been fingerprinted and have had a 

CHRC in accordance with these ASMs. 

The reviewing official can only make 

access determinations for other 

individuals, and therefore cannot 

approve other individuals to act as 

reviewing officials. Only the NRC can 

approve a reviewing official. Therefore, 

if the licensee wishes to have a new or 

additional reviewing official, the NRC 

must approve that individual before he 

or she can act in the capacity of a 

reviewing official. 

2. No person may have access to SGI 

or unescorted access to any facility 

subject to NRC regulation if the NRC has 

determined, in accordance with its 

administrative review process based on 

fingerprinting and an FBI identification 

and CHRC, that the person may not have 

access to SGI or unescorted access to 

any facility subject to NRC regulation. 

3. All fingerprints obtained by the 

licensee pursuant to this Order must be 

submitted to the Commission for 

transmission to the FBI. 

4. The licensee shall notify each 

affected individual that the fingerprints 

will be used to conduct a review of his/ 

her criminal history record and inform 

the individual of the procedures for 

revising the record or including an 

explanation in the record, as specified 

in the ‘‘Right to Correct and Complete 

Information’’ in section F of these 

ASMs. 

5. Fingerprints need not be taken if 

the employed individual (e.g., a licensee 

employee, contractor, manufacturer, or 

supplier) is relieved from the 

fingerprinting requirement by 10 CFR 

73.61, has a favorably adjudicated U.S. 

Government CHRC within the last five 

(5) years, or has an active Federal 

security clearance. Written confirmation 

from the Agency/employer who granted 

the Federal security clearance or 

reviewed the CHRC must be provided to 

the licensee. The licensee must retain 

this documentation for a period of three 

(3) years from the date the individual no 

longer requires access to the facility. 

D. Prohibitions 

1. A licensee shall not base a final 

determination to deny an individual 

unescorted access to the protected area 

of an ISFSI solely on the basis of 

information received from the FBI 

involving: an arrest more than one (1) 

year old for which there is no 

information of the disposition of the 

case, or an arrest that resulted in 

dismissal of the charge or an acquittal. 

2. A licensee shall not use 

information received from a CHRC 

obtained pursuant to this Order in a 

manner that would infringe upon the 

rights of any individual under the First 

Amendment to the Constitution of the 

United States, nor shall the licensee use 

the information in any way which 

would discriminate among individuals 

on the basis of race, religion, national 

origin, sex, or age. 

E. Procedures for Processing Fingerprint 

Checks 

1. For the purpose of complying with 

this Order, licensees shall, using an 

appropriate method listed in 10 CFR 

73.4, submit to the NRC’s Division of 

Facilities and Security, Mail Stop TWB– 

05–B32M, one completed, legible 

standard fingerprint card (Form FD–258, 

ORIMDNRCOOOZ) or, where 

practicable, other fingerprint records for 

each individual seeking unescorted 

access to an ISFSI, to the Director of the 

Division of Facilities and Security, 

marked for the attention of the 

Division’s Criminal History Check 

Section. Copies of these forms may be 

obtained by writing the Office of 

Information Services, U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555–0001, by calling (301) 492– 

3524, or by e-mail to forms@nrc.gov. 

Practicable alternative formats are set 

forth in 10 CFR 73.4. The licensee shall 

establish procedures to ensure that the 

quality of the fingerprints taken results 

in minimizing the rejection rate of 

fingerprint cards due to illegible or 

incomplete cards. 

2. The NRC will review submitted 

fingerprint cards for completeness. Any 

Form FD–258 fingerprint record 

containing omissions or evident errors 

will be returned to the licensee for 

corrections. The fee for processing 

fingerprint checks includes one resubmission if the initial submission is 

returned by the FBI because the 

fingerprint impressions cannot be 

classified. The one free resubmission 

must have the FBI Transaction Control 

Number reflected on the re-submission. 

If additional submissions are necessary, 

they will be treated as initial submittals 

and will require a second payment of 

the processing fee. 

3. Fees for processing fingerprint 

checks are due upon application. The 

licensee shall submit payment of the 

processing fees electronically. In order 

to be able to submit secure electronic 

payments, licensees will need to 

establish an account with Pay.Gov 

(https://www.pay.gov). To request an 

account, the licensee shall send an email to det@nrc.gov. The e-mail must 

include the licensee’s company name, 

address, point of contact (POC), POC email address, and phone number. The 

NRC will forward the request to 

Pay.Gov; who will contact the licensee 

with a password and user lD. Once 

licensees have established an account 

and submitted payment to Pay.Gov, they 

shall obtain a receipt. The licensee shall 

submit the receipt from Pay.Gov to the 

NRC along with fingerprint cards. For 

additional guidance on making 

electronic payments, contact the 

Facilities Security Branch, Division of 

Facilities and Security, at (301) 415– 

7739. Combined payment for multiple 

applications is acceptable. The 

application fee (currently $36) is the 

sum of the user fee charged by the FBI 

for each fingerprint card or other 

fingerprint record submitted by the NRC 

on behalf of a licensee, and an NRC 

processing fee, which covers 

administrative costs associated with 

NRC handling of licensee fingerprint 

submissions. The Commission will 

directly notify licensees who are subject 

to this regulation of any fee changes. 

4. The Commission will forward to 

the submitting licensee all data received 

from the FBI as a result of the licensee’s 

application(s) for criminal history 

records checks, including the FBI 

fingerprint record. 

F. Right To Correct and Complete 

Information 

1. Prior to any final adverse 

determination, the licensee shall make 

available to the individual the contents 

of any criminal history records obtained 

from the FBI for the purpose of assuring 

correct and complete information. 

Written confirmation by the individual 

of receipt of this notification must be 

maintained by the licensee for a period 

of one (1) year from the date of 

notification. 

2. If, after reviewing the record, an 

individual believes that it is incorrect or 

incomplete in any respect and wishes to 

change, correct, or update the alleged 

deficiency, or to explain any matter in 

the record, the individual may initiate 

challenge procedures. These procedures 

include either direct application by the 

individual challenging the record to the 

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17890 Federal Register / Vol. 74, No. 73 / Friday, April 17, 2009 / Notices 

agency (i.e., law enforcement agency) 

that contributed the questioned 

information, or direct challenge as to the 

accuracy or completeness of any entry 

on the criminal history record to the 

Assistant Director, Federal Bureau of 

Investigation Identification Division, 

Washington, DC 20537–9700 (as set 

forth in 28 CFR 16.30 through 16.34). In 

the latter case, the FBI forwards the 

challenge to the agency that submitted 

the data and requests that agency to 

verify or correct the challenged entry. 

Upon receipt of an official 

communication directly from the agency 

that contributed the original 

information, the FBI Identification 

Division makes any changes necessary 

in accordance with the information 

supplied by that agency. The licensee 

must provide at least ten (10) days for 

an individual to initiate an action 

challenging the results of an FBI CHRC 

after the record is made available for 

his/her review. The licensee may make 

a final access determination based upon 

the criminal history record only upon 

receipt of the FBI’s ultimate 

confirmation or correction of the record. 

Upon a final adverse determination on 

access to an ISFSI, the licensee shall 

provide the individual its documented 

basis for denial. Access to an ISFSI shall 

not be granted to an individual during 

the review process. 

G. Protection of Information 

1. The licensee shall develop, 

implement, and maintain a system for 

personnel information management 

with appropriate procedures for the 

protection of personal, confidential 

information. This system shall be 

designed to prohibit unauthorized 

access to sensitive information and to 

prohibit modification of the information 

without authorization. 

2. Each licensee who obtains a 

criminal history record on an individual 

pursuant to this Order shall establish 

and maintain a system of files and 

procedures, for protecting the record 

and the personal information from 

unauthorized disclosure. 

3. The licensee may not disclose the 

record or personal information collected 

and maintained to persons other than 

the subject individual, his/her 

representative, or to those who have a 

need to access the information in 

performing assigned duties in the 

process of determining suitability for 

unescorted access to the protected area 

of an ISFSI. No individual authorized to 

have access to the information may redisseminate the information to any 

other individual who does not have the 

appropriate need-to-know. 

4. The personal information obtained 

on an individual from a criminal history 

record check may be transferred to 

another licensee if the gaining licensee 

receives the individual’s written request 

to re-disseminate the information 

contained in his/her file, and the 

gaining licensee verifies information 

such as the individual’s name, date of 

birth, social security number, sex, and 

other applicable physical characteristics 

for identification purposes. 

5. The licensee shall make criminal 

history records, obtained under this 

section, available for examination by an 

authorized representative of the NRC to 

determine compliance with the 

regulations and laws. 

[FR Doc. E9–8826 Filed 4–16–09; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 72–7; EA–09–072; NRC–2009– 

0169] 

In the Matter of Detroit Edison 

Company; Fermi Power Plant; 

Independent Spent Fuel Installation; 

Order Modifying License (Effective 

Immediately) 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Issuance of Order for 

Implementation of Additional Security 

Measures and Fingerprinting for 

Unescorted Access to Detroit Edison 

Company. 

FOR FURTHER INFORMATION CONTACT: L. 

Raynard Wharton, Senior Project 

Manager, Licensing and Inspection 

Directorate, Division of Spent Fuel 

Storage and Transportation, Office of 

Nuclear Material Safety and Safeguards 

(NMSS), U.S. Nuclear Regulatory 

Commission (NRC), Rockville, MD 

20852. Telephone: (301) 492–3316; fax 

number: (301) 492–3348; e-mail: 

LRaynard.Wharton@nrc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

Pursuant to 10 CFR 2.106, NRC (or the 

Commission) is providing notice, in the 

matter of Fermi Power Plant 

Independent Spent Fuel Storage 

Installation (ISFSI) Order Modifying 

License (Effective Immediately). 

II. Further Information 

I 

NRC has issued a general license to 

Detroit Edison Company (DTE), 

authorizing the operation of an ISFSI, in 

accordance with the Atomic Energy Act 

of 1954, as amended, and Title 10 of the 

Code of Federal Regulations (10 CFR) 

Part 72. This Order is being issued to 

DTE, which has identified near-term 

plans to store spent fuel in an ISFSI 

under the general license provisions of 

10 CFR Part 72. The Commission’s 

regulations at 10 CFR 72.212(b)(5), 10 

CFR 50.54(p)(1), and 10 CFR 73.55(c)(5) 

require DTE to maintain safeguards 

contingency plan procedures to respond 

to threats of radiological sabotage and to 

protect the spent fuel against the threat 

of radiological sabotage, in accordance 

with 10 CFR Part 73, Appendix C. 

Specific physical security requirements 

are contained in 10 CFR 73.51 or 73.55, 

as applicable. 

Inasmuch as an insider has an 

opportunity equal to, or greater than, 

any other person, to commit radiological 

sabotage, the Commission has 

determined these measures to be 

prudent. Comparable Orders have been 

issued to all licensees that currently 

store spent fuel or have identified nearterm plans to store spent fuel in an 

ISFSI. 

II 

On September 11, 2001, terrorists 

simultaneously attacked targets in New 

York, NY, and Washington, DC, using 

large commercial aircraft as weapons. In 

response to the attacks and intelligence 

information subsequently obtained, the 

Commission issued a number of 

Safeguards and Threat Advisories to its 

licensees, to strengthen licensees’ 

capabilities and readiness to respond to 

a potential attack on a nuclear facility. 

On October 16, 2002, the Commission 

issued Orders to the licensees of 

operating ISFSIs, to place the actions 

taken in response to the Advisories into 

the established regulatory framework 

and to implement additional security 

enhancements that emerged from NRC’s 

ongoing comprehensive review. The 

Commission has also communicated 

with other Federal, State, and local 

government agencies and industry 

representatives to discuss and evaluate 

the current threat environment in order 

to assess the adequacy of security 

measures at licensed facilities. In 

addition, the Commission has 

conducted a comprehensive review of 

its safeguards and security programs 

and requirements. 

As a result of its consideration of 

current safeguards and security 

requirements, as well as a review of 

information provided by the intelligence 

community, the Commission has 

determined that certain additional 

security measures (ASMs) are required 

to address the current threat 

environment, in a consistent manner 

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