Federal Register / Vol. 80, No. 8 / Tuesday, January 13, 2015 / Notices 1673 

authorized to possess classified matter 

are required to provide information and 

maintain records to ensure that an 

adequate level of protection is provided 

to NRC classified information and 

material. This clearance is being revised 

to add a voluntary form (NRC Form 

450F) for fulfilling reporting 

requirements under § 95.17 of Title 10 

of the Code of Federal Regulations. 

The public may examine and have 

copied for a fee publicly-available 

documents, including the final 

supporting statement, at the NRC’s 

Public Document Room, Room O–1F21, 

One White Flint North, 11555 Rockville 

Pike, Rockville, Maryland. The OMB 

clearance requests are available at the 

NRC’s Web site: http://www.nrc.gov/

public-involve/doc-comment/omb/. The 

document will be available on the 

NRC’s home page site for 60 days after 

the signature date of this notice. 

Comments and questions should be 

directed to the OMB reviewer listed 

below by February 12, 2015February 12, 

2015. Comments received after this date 

will be considered if it is practical to do 

so, but assurance of consideration 

cannot be given to comments received 

after this date. 

Vlad Dorjets, Desk Officer, Office of 

Information and Regulatory Affairs 

(3150–0047), NEOB–10202, Office of 

Management and Budget, Washington, 

DC 20503. 

Comments can also be emailed to 

Vladik_Dorjets@omb.eop.gov or 

submitted by telephone at (202) 395– 

7315. 

The NRC Clearance Officer is 

Tremaine Donnell, 301–415–6258. 

Dated at Rockville, Maryland, this 6th day 

of January, 2015. 

For the Nuclear Regulatory Commission. 

Tremaine Donnell, 

NRC Clearance Officer, Office of Information 

Services. 

[FR Doc. 2015–00306 Filed 1–12–15; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 72–1041, EA–14–190, NRC– 

2014–0281] 

In the Matter of STP Nuclear Operating 

Company, South Texas Project Electric 

Generating Station, Independent Spent 

Fuel Storage Installation: Order 

Modifying License (Effective 

Immediately) 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Order; modification. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) has issued a general 

license to the STP Nuclear Operating 

Company, authorizing the operation of 

the South Texas Project Electric 

Generating Station Independent Spent 

Fuel Storage Installation (ISFSI), in 

accordance with its regulations. The 

Order is being issued to STPNOC to 

impose additional security requirements 

because STPNOC has identified near 

term plans to store spent fuel in an 

ISFSI under the general license 

provisions of the NRC’s regulations. The 

Order was issued on December 30, 2014, 

and became effective immediately. 

ADDRESSES: Please refer to Docket ID 

NRC–2014–0281 when contacting the 

NRC about the availability of 

information regarding this document. 

You may obtain publicly-available 

information related to this document 

using any of the following methods: 

• Federal Rulemaking Web site: Go to 

http://www.regulations.gov and search 

for Docket ID NRC–2014–0281. Address 

questions about NRC dockets to Carol 

Gallagher; telephone: 301–287–3422; 

email: Carol.Gallagher@nrc.gov. For 

technical questions, contact the 

individual listed in the FOR FURTHER

INFORMATION CONTACT section of this 

document. 

• NRC’s Agencywide Documents 

Access and Management System 

(ADAMS): You may obtain-available 

documents online in the ADAMS Public 

Documents collection at http://www.nrc.

gov/reading-rm/adams.html. To begin 

the search, select ‘‘ADAMS Public 

Documents’’ and then select ‘‘Begin 

Web-based ADAMS Search.’’ For 

problems with ADAMS, please contact 

the NRC’s Public Document Room (PDR) 

reference staff at 1–800–397–4209, 301– 

415–4737, or by email to pdr.resource@

nrc.gov. 

• NRC’s PDR: You may examine and 

purchase copies of public documents at 

the NRC’s PDR, Room O1–F21, One 

White Flint North, 11555 Rockville 

Pike, Rockville, Maryland 20852. 

FOR FURTHER INFORMATION CONTACT: L. 

Raynard Wharton, Office of Nuclear 

Material Safety and Safeguards, U.S. 

Nuclear Regulatory Commission, 

Washington, DC 20555–0001; telephone: 

301–287–9196; email: 

Raynard.Wharton@nrc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

Pursuant to § 2.106 of title 10 of the 

Code of Federal Regulations (10 CFR), 

the NRC is providing notice, in the 

matter of South Texas Project Electric 

Generating Station Independent Spent 

Fuel Storage Installation (ISFSI) Order 

Modifying License (Effective 

Immediately). The text of the Order 

(w/o attachments, contain Safeguards 

Information) is as follows: 

II. Further Information 

I 

The NRC has issued a general license 

to STPNOC, authorizing the operation of 

an ISFSI, in accordance with the Atomic 

Energy Act of 1954, as amended and 10 

CFR part 72. This Order is being issued 

to STPNOC because STPNOC has 

identified near-term plans to store spent 

fuel in an ISFSI under the general 

license provisions of 10 CFR part 72. 

The Commission’s regulations at 10 CFR 

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

CFR 73.55(c)(5) require licensees to 

maintain safeguards contingency plan 

procedures to respond to threats of 

radiological sabotage and to protect the 

spent fuel against the threat of 

radiological sabotage, in accordance 

with 10 CFR part 73, appendix C. 

Specific physical security requirements 

are contained in 10 CFR 73.51 or 73.55, 

as applicable. 

Inasmuch as an insider has an 

opportunity equal to, or greater than, 

any other person, to commit radiological 

sabotage, the Commission has 

determined these measures to be 

prudent. Comparable Orders have been 

issued to all licensees that currently 

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

ISFSI. 

II 

On September 11, 2001, terrorists 

simultaneously attacked targets in New 

York, NY, and near Washington, DC, 

using large commercial aircraft as 

weapons. In response to the attacks and 

intelligence information subsequently 

obtained, the Commission issued a 

number of Safeguards and Threat 

Advisories to its licensees to strengthen 

licensees’ capabilities and readiness to 

respond to a potential attack on a 

nuclear facility. On October 16, 2002, 

the Commission issued Orders to the 

licensees of operating ISFSIs, to place 

the actions taken in response to the 

Advisories into the established 

regulatory framework and to implement 

additional security enhancements that 

emerged from NRC’s ongoing 

comprehensive review. The 

Commission has also communicated 

with other Federal, State, and local 

government agencies and industry 

representatives to discuss and evaluate 

the current threat environment in order 

to assess the adequacy of security 

measures at licensed facilities. In 

addition, the Commission has 


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conducted a comprehensive review of 

its safeguards and security programs 

and requirements. 

As a result of its consideration of 

current safeguards and security 

requirements, as well as a review of 

information provided by the intelligence 

community, the Commission has 

determined that certain additional 

security measures (ASMs) are required 

to address the current threat 

environment, in a consistent manner 

throughout the nuclear ISFSI 

community. Therefore, the Commission 

is imposing requirements, as set forth in 

Attachments 1 and 2 of this Order, on 

all licensees of these facilities. These 

requirements, which supplement 

existing regulatory requirements, will 

provide the Commission with 

reasonable assurance that the public 

health and safety, and the environment, 

continue to be adequately protected, 

and that the common defense and 

security continue to be adequately 

protected, in the current threat 

environment. These requirements will 

remain in effect until the Commission 

determines otherwise. 

The Commission recognizes that 

licensees may have already initiated 

many of the measures set forth in 

Attachments 1 and 2 to this Order, in 

response to previously issued 

Advisories, or on their own. It also 

recognizes that some measures may not 

be possible or necessary at some sites, 

or may need to be tailored to 

accommodate the specific 

circumstances existing at STPNOC’s 

facility, to achieve the intended 

objectives and avoid any unforeseen 

effect on the safe storage of spent fuel. 

Although the ASMs implemented by 

licensees in response to the Safeguards 

and Threat Advisories have been 

sufficient to promote the common 

defense and security and to provide 

reasonable assurance of adequate 

protection of public health and safety, 

in light of the continuing threat 

environment, the Commission 

concludes that these actions should be 

embodied in an Order, consistent with 

the established regulatory framework. 

To provide assurance that STPNOC is 

implementing prudent measures to 

achieve a consistent level of protection 

to address the current threat 

environment, STPNOC’s general license 

issued pursuant to 10 CFR 72.210 shall 

be modified to include the requirements 

identified in Attachments 1 and 2 to this 

Order. In addition, pursuant to 10 CFR 

2.202, I find that, in light of the common 

defense and security circumstances 

described above, the public health, 

safety, and interest require that this 

Order be effective immediately. 

III 

Accordingly, pursuant to Sections 53, 

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

182, and 186 of the Atomic Energy Act 

of 1954, as amended, and the 

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. STPNOC 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 South Texas Project 

Electric Generating Station’s physical 

security plan. STPNOC shall 

demonstrate its ability to comply with 

the requirements in Attachments 1 and 

2 to the Order no later than 365 days 

from the date of this Order or 90 days 

before the first day that spent fuel is 

initially placed in the ISFSI, whichever 

is earlier. STPNOC must implement 

these requirements before initially 

placing spent fuel in the ISFSI. 

Additionally, STPNOC must receive 

written verification from the NRC 

(Office of Nuclear Material Safety and 

Safeguards) that it has adequately 

demonstrated compliance with these 

requirements before initially placing 

spent fuel in the ISFSI. 

B. 1. STPNOC 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 STPNOC to 

be in violation of the provisions of any 

Commission regulation or the facility 

license. The notification shall provide 

STPNOC’s justification for seeking relief 

from, or variation of, any specific 

requirement. 

2. If STPNOC 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, 

STPNOC 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, 

STPNOC 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. STPNOC 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. STPNOC 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. 

STPNOC’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 STPNOC 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, 

STPNOC must, and any other person 

adversely affected by this Order may, 

submit an answer to this Order within 

20 days of its publication in the Federal 

Register. In addition, STPNOC and any 

other person adversely affected by this 

Order may request a hearing on this 

Order within 20 days of its publication 

in the Federal Register. Where good 

cause is shown, consideration will be 

given to extending the time to answer or 

request a hearing. A request for 

extension of time must be made, in 

writing, to the Director, Office of 

Nuclear Material Safety and Safeguards, 

U.S. Nuclear Regulatory Commission, 

Washington, DC 20555–0001, and 

include a statement of good cause for 

the extension. 

The answer may consent to this 

Order. If the answer includes a request 

for a hearing, it shall, under oath or 

affirmation, specifically set forth the 

matters of fact and law on which 

STPNOC relies and the reasons as to 

why the Order should not have been 

issued. If a person other than STPNOC 

requests a hearing, that person shall set 

forth with particularity the manner in 

which his/her interest is adversely 

affected by this Order and shall address 

the criteria set forth in 10 CFR 2.309(d) 

and (f). 

All documents filed in NRC 

adjudicatory proceedings, including a 

request for hearing, a petition for leave 


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to intervene, any motion or other 

document filed in the proceeding prior 

to the submission of a request for 

hearing or petition to intervene, and 

documents filed by interested 

governmental entities participating 

under 10 CFR 2.315, must be filed in 

accordance with the NRC’s E-filing rule 

(72 FR 49139; August 28, 2007). The Efiling process requires participants to 

submit and serve all adjudicatory 

documents electronically, or in some 

cases to mail copies on electronic 

storage media. Participants may not 

submit paper copies of their filings 

unless they seek an exemption in 

accordance with the procedures 

described below. 

To comply with the procedural 

requirements of E-Filing, at least ten 10 

days prior to the filing deadline, the 

participant should contact the Office of 

the Secretary by email at 

hearing.docket@nrc.gov, or by telephone 

at 301–415–1677, to (1) request a digital 

identification (ID) certificate, which 

allows the participant (or its counsel or 

representative) to digitally sign 

documents and access the E-Submittal 

server for any proceeding in which it is 

participating; and (2) advise the 

Secretary that the participant will be 

submitting a request or petition for 

hearing (even in instances in which the 

participant, or its counsel or 

representative, already holds an NRCissued digital ID certificate). Based upon 

this information, the Secretary will 

establish an electronic docket for the 

hearing in this proceeding if the 

Secretary has not already established an 

electronic docket. 

Information about applying for a 

digital ID certificate is available on 

NRC’s public Web site at http://www.

nrc.gov/site-help/e-submittals/gettingstarted.html. System requirements for 

accessing the E-Submittal server are 

detailed in NRC’s ‘‘Guidance for 

Electronic Submission,’’ which is 

available on the agency’s public Web 

site at http://www.nrc.gov/site-help/esubmittals.html. Participants may 

attempt to use other software not listed 

on the Web site, but should note that the 

NRC’s E-Filing system does not support 

unlisted software, and the NRC 

Electronic Filing Help Desk will not be 

able to offer assistance in using unlisted 

software. 

If a participant is electronically 

submitting a document to the NRC in 

accordance with the E-Filing rule, the 

participant must file the document 

using the NRC’s online, Web-based 

submission form. In order to serve 

documents through the Electronic 

Information Exchange System, users 

will be required to install a Web 

browser plug-in from the NRC’s Web 

site. Further information on the Webbased submission form, including the 

installation of the Web browser plug-in, 

is available on the NRC’s public Web 

site at http://www.nrc.gov/site-help/esubmittals.html. 

Once a participant has obtained a 

digital ID certificate and a docket has 

been created, the participant can then 

submit a request for hearing or petition 

for leave to intervene. Submissions 

should be in Portable Document Format 

(PDF) in accordance with NRC’s 

guidance available on the NRC’s public 

Web site at http://www.nrc.gov/sitehelp/e-submittals.html. A filing is 

considered complete at the time the 

documents are submitted through the 

NRC’s E-Filing system. To be timely, an 

electronic filing must be submitted to 

the E-Filing system no later than 11:59 

p.m. Eastern Time on the due date. 

Upon receipt of a transmission, the EFiling system time-stamps the document 

and sends the submitter an email notice 

confirming receipt of the document. The 

E-Filing system also distributes an email 

notice that provides access to the 

document to the NRC’s Office of the 

General Counsel and any others who 

have advised the Office of the Secretary 

that they wish to participate in the 

proceeding, so that the filer need not 

serve the documents on those 

participants separately. Therefore, 

applicants and other participants (or 

their counsel or representative) must 

apply for and receive a digital ID 

certificate before a hearing request/

petition to intervene is filed so that they 

can obtain access to the document via 

the E-Filing system. 

A person filing electronically using 

the agency’s adjudicatory E-Filing 

system may seek assistance by 

contacting the NRC’s Electronic Filing 

Help Desk through the ‘‘Contact Us’’ 

link located on the NRC’s Web site at 

http://www.nrc.gov/site-help/esubmittals.html, by email at 

MSHD.Resource@nrc.gov, or by a tollfree call at 1–866–672–7640. The NRC 

Meta System Help Desk is available 

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

Time, Monday through Friday, 

excluding government holidays. 

Participants who believe that they 

have a good cause for not submitting 

documents electronically must file an 

exemption request, in accordance with 

10 CFR 2.302(g), with their initial paper 

filing requesting authorization to 

continue to submit documents in paper 

format. Such filings must be submitted 

by: (1) first class mail addressed to the 

Office of the Secretary of the 

Commission, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555– 

0001, Attention: Rulemaking and 

Adjudications Staff; or (2) courier, 

express mail, or expedited delivery 

service to the Office of the Secretary of 

the Commission, Sixteenth Floor, One 

White Flint North, 11555 Rockville 

Pike, Rockville, Maryland, 20852, 

Attention: Rulemaking and 

Adjudications Staff. Participants filing a 

document in this manner are 

responsible for serving the document on 

all other participants. Filing is 

considered complete by first-class mail 

as of the time of deposit in the mail, or 

by courier, express mail, or expedited 

delivery service upon depositing the 

document with the provider of the 

service. A presiding officer, having 

granted an exemption request from 

using E-Filing, may require a participant 

or party to use E-Filing if the presiding 

officer subsequently determines that the 

reason for granting the exemption from 

use of E-Filing no longer exists. 

Documents submitted in adjudicatory 

proceedings will appear in NRC’s 

electronic hearing docket which is 

available to the public at http://ehd1.

nrc.gov/ehd/, unless excluded pursuant 

to an order of the Commission, or the 

presiding officer. Participants are 

requested not to include personal 

privacy information, such as social 

security numbers, home addresses, or 

home phone numbers in their filings, 

unless an NRC regulation or other law 

requires submission of such 

information. With respect to 

copyrighted works, except for limited 

excerpts that serve the purpose of the 

adjudicatory filings and would 

constitute a Fair Use application, 

participants are requested not to include 

copyrighted materials in their 

submission. 

If a hearing is requested by STPNOC 

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), 

STPNOC may, in addition to requesting 

a hearing, at the time the answer is filed 

or sooner, move the presiding officer to 

set aside the immediate effectiveness of 

the Order on the grounds that the Order, 

including the need for immediate 

effectiveness, is not based on adequate 

evidence, but on mere suspicion, 

unfounded allegations, or error. 

In the absence of any request for 

hearing, or written approval of an 

extension of time in which to request a 

hearing, the provisions as specified in 

Section III shall be final twenty (20) 

days from the date this Order is 


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published in the Federal Register, 

without further Order or proceedings. If 

an extension of time for requesting a 

hearing has been approved, the 

provisions of this Order, as specified in 

Section III, shall be final when the 

extension expires, if a hearing request 

has not been received. An answer or a 

request for hearing shall not stay the 

immediate effectiveness of this order. 

Dated at Rockville, Maryland, this 30th day 

of December, 2014. 

For the Nuclear Regulatory Commission. 

Scott W. Moore, 

Acting Director, Office of Nuclear Material 

Safety and Safeguards. 

Attachment 1—Additional Security 

Measures (ASMs) for Physical 

Protection of Dry Independent Spent 

Fuel Storage Installations (ISFSIs) 

contains Safeguards Information and is 

not included in the Federal Register 

notice 

Attachment 2—Additional Security 

Measures for Access Authorization and 

Fingerprinting at Independent Spent 

Fuel Storage Installations, dated June 

14, 2013 

A. General Basis Criteria 

1. These additional security measures 

(ASMs) are established to delineate an 

independent spent fuel storage 

installation (ISFSI) licensee’s 

responsibility to enhance security 

measures related to authorization for 

unescorted access to the protected area 

of an ISFSI in response to the current 

threat environment. 

2. Licensees whose ISFSI is collocated 

with a power reactor may choose to 

comply with the U.S. Nuclear 

Regulatory Commission (NRC)-approved 

reactor access authorization program for 

the associated reactor as an alternative 

means to satisfy the provisions of 

sections B through G below. Otherwise, 

licensees shall comply with the access 

authorization and fingerprinting 

requirements of section B through G of 

these ASMs. 

3. Licensees shall clearly distinguish 

in their 20-day response which method 

they intend to use in order to comply 

with these ASMs. 

B. Additional Security Measures for 

Access Authorization Program 

1. The licensee shall develop, 

implement and maintain a program, or 

enhance its existing program, designed 

to ensure that persons granted 

unescorted access to the protected area 

of an ISFSI are trustworthy and reliable 

and do not constitute an unreasonable 

risk to the public health and safety for 

the common defense and security, 

including a potential to commit 

radiological sabotage. 

a. To establish trustworthiness and 

reliability, the licensee shall develop, 

implement, and maintain procedures for 

conducting and completing background 

investigations, prior to granting access. 

The scope of background investigations 

must address at least the past three 

years and, as a minimum, must include: 

i. Fingerprinting and a Federal Bureau 

of Investigation (FBI) identification and 

criminal history records check (CHRC). 

Where an applicant for unescorted 

access has been previously fingerprinted 

with a favorably completed CHRC, (such 

as a CHRC pursuant to compliance with 

orders for access to safeguards 

information) the licensee may accept the 

results of that CHRC, and need not 

submit another set of fingerprints, 

provided the CHRC was completed not 

more than three years from the date of 

the application for unescorted access. 

ii. Verification of employment with 

each previous employer for the most 

recent year from the date of application. 

iii. Verification of employment with 

an employer of the longest duration 

during any calendar month for the 

remaining next most recent two years. 

iv. A full credit history review. 

v. An interview with not less than two 

character references, developed by the 

investigator. 

vi. A review of official identification 

(e.g., driver’s license; passport; 

government identification; state-, 

province-, or country-of-birth issued 

certificate of birth) to allow comparison 

of personal information data provided 

by the applicant. The licensee shall 

maintain a photocopy of the identifying 

document(s) on file, in accordance with 

‘‘Protection of Information,’’ in Section 

G of these ASMs. 

vii. Licensees shall confirm eligibility 

for employment through the regulations 

of the U.S. Department of Homeland 

Security, U.S. Citizenship and 

Immigration Services, and shall verify 

and ensure, to the extent possible, the 

accuracy of the provided social security 

number and alien registration number, 

as applicable. 

b. The procedures developed or 

enhanced shall include measures for 

confirming the term, duration, and 

character of military service for the past 

three years, and/or academic enrollment 

and attendance in lieu of employment, 

for the past five years. 

c. Licensees need not conduct an 

independent investigation for 

individuals employed at a facility who 

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

possess another active U.S. 

Government-granted security clearance 

(i.e., Top Secret, Secret, or 

Confidential). 

d. A review of the applicant’s 

criminal history, obtained from local 

criminal justice resources, may be 

included in addition to the FBI CHRC, 

and is encouraged if the results of the 

FBI CHRC, employment check, or credit 

check disclose derogatory information. 

The scope of the applicant’s local 

criminal history check shall cover all 

residences of record for the past three 

years from the date of the application 

for unescorted access. 

2. The licensee shall use any 

information obtained as part of a CHRC 

solely for the purpose of determining an 

individual’s suitability for unescorted 

access to the protected area of an ISFSI. 

3. The licensee shall document the 

basis for its determination for granting 

or denying access to the protected area 

of an ISFSI. 

4. The licensee shall develop, 

implement, and maintain procedures for 

updating background investigations for 

persons who are applying for 

reinstatement of unescorted access. 

Licensees need not conduct an 

independent reinvestigation for 

individuals who possess active ‘‘Q’’ or 

‘‘L’’ clearances or possess another active 

U.S. Government granted security 

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

Confidential. 

5. The licensee shall develop, 

implement, and maintain procedures for 

reinvestigations of persons granted 

unescorted access, at intervals not to 

exceed five years. Licensees need not 

conduct an independent reinvestigation 

for individuals employed at a facility 

who possess active ‘‘Q’’ or ‘‘L’’ 

clearances or possess another active 

U.S. Government granted security 

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

Confidential. 

6. The licensee shall develop, 

implement, and maintain procedures 

designed to ensure that persons who 

have been denied unescorted access 

authorization to the facility are not 

allowed access to the facility, even 

under escort. 

7. The licensee shall develop, 

implement, and maintain an audit 

program for licensee and contractor/

vendor access authorization programs 

that evaluate all program elements and 

include a person knowledgeable and 

practiced in access authorization 

program performance objectives to assist 

in the overall assessment of the site’s 

program effectiveness. 

C. Fingerprinting Program Requirements 

1. In a letter to the NRC, the licensee 

must nominate an individual who will 

review the results of the FBI CHRCs to 


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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. 

make trustworthiness and reliability 

determinations for unescorted access to 

an ISFSI. This individual, referred to as 

the ‘‘reviewing official,’’ must be 

someone who requires unescorted 

access to the ISFSI. The NRC will 

review the CHRC of any individual 

nominated to perform the reviewing 

official function. Based on the results of 

the CHRC, the NRC staff will determine 

whether this individual may have 

access. If the NRC determines that the 

nominee may not be granted such 

access, that individual will be 

prohibited from obtaining access.1 Once 

the NRC approves a reviewing official, 

the reviewing official is the only 

individual permitted to make access 

determinations for other individuals 

who have been identified by the 

licensee as having the need for 

unescorted access to the ISFSI, and have 

been fingerprinted and have had a 

CHRC in accordance with these ASMs. 

The reviewing official can only make 

access determinations for other 

individuals, and therefore cannot 

approve other individuals to act as 

reviewing officials. Only the NRC can 

approve a reviewing official. Therefore, 

if the licensee wishes to have a new or 

additional reviewing official, the NRC 

must approve that individual before he 

or she can act in the capacity of a 

reviewing official. 

2. No person may have access to 

Safeguards Information (SGI) or 

unescorted access to any facility subject 

to NRC regulation, if the NRC has 

determined, in accordance with its 

administrative review process based on 

fingerprinting and an FBI identification 

and CHRC, that the person may not have 

access to SGI or unescorted access to 

any facility subject to NRC regulation. 

3. All fingerprints obtained by the 

licensee under this Order, must be 

submitted to the Commission for 

transmission to the FBI. 

4. The licensee shall notify each 

affected individual that the fingerprints 

will be used to conduct a review of his/ 

her criminal history record and inform 

the individual of the procedures for 

revising the record or including an 

explanation in the record, as specified 

in the ‘‘Right to Correct and Complete 

Information,’’ in section F of these 

ASMs. 

5. Fingerprints need not be taken if 

the employed individual (e.g., a licensee 

employee, contractor, manufacturer, or 

supplier) is relieved from the 

fingerprinting requirement by 10 CFR 

73.61, has a favorably adjudicated U.S. 

Government CHRC within the last five 

(5) years, or has an active Federal 

security clearance. Written confirmation 

from the Agency/employer who granted 

the Federal security clearance or 

reviewed the CHRC must be provided to 

the licensee. The licensee must retain 

this documentation for a period of three 

years from the date the individual no 

longer requires access to the facility. 

D. Prohibitions 

1. A licensee shall not base a final 

determination to deny an individual 

unescorted access to the protected area 

of an ISFSI solely on the basis of 

information received from the FBI 

involving: an arrest more than one (1) 

year old for which there is no 

information of the disposition of the 

case, or an arrest that resulted in 

dismissal of the charge, or an acquittal. 

2. A licensee shall not use 

information received from a CHRC 

obtained pursuant to this Order in a 

manner that would infringe upon the 

rights of any individual under the First 

Amendment to the Constitution of the 

United States, nor shall the licensee use 

the information in any way that would 

discriminate among individuals on the 

basis of race, religion, national origin, 

sex, or age. 

E. Procedures for Processing Fingerprint 

Checks 

1. For the purpose of complying with 

this Order, licensees shall, using an 

appropriate method listed in 10 CFR 

73.4, submit to the NRC’s Division of 

Facilities and Security, Mail Stop T– 

03B46M, one completed, legible 

standard fingerprint card (Form FD–258, 

ORIMDNRCOOOZ) or, where 

practicable, other fingerprint records for 

each individual seeking unescorted 

access to an ISFSI, to the Director of the 

Division of Facilities and Security, 

marked for the attention of the 

Division’s Criminal History Check 

Section. Copies of these forms may be 

obtained by writing the Office of 

Information Services, U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555–0001, by calling 301–415– 

5877, or by email 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 because of illegible or 

incomplete cards. 

2. The NRC will review submitted 

fingerprint cards for completeness. Any 

Form FD–258 fingerprint record 

containing omissions or evident errors 

will be returned to the licensee for 

corrections. The fee for processing 

fingerprint checks includes one resubmission if the initial submission is 

returned by the FBI because the 

fingerprint impressions cannot be 

classified. The one free re-submission 

must have the FBI Transaction Control 

Number reflected on the re-submission. 

If additional submissions are necessary, 

they will be treated as initial submittals 

and will require a second payment of 

the processing fee. 

3. Fees for processing fingerprint 

checks are due upon application. The 

licensee shall submit payment of the 

processing fees electronically. To be 

able to submit secure electronic 

payments, licensees will need to 

establish an account with Pay.Gov 

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

account, the licensee shall send an 

email to det@nrc.gov. The email must 

include the licensee’s company name, 

address, point of contact (POC), POC 

email address, and phone number. The 

NRC will forward the request to 

Pay.Gov; who will contact the licensee 

with a password and user lD. Once the 

licensee has established an account and 

submitted payment to Pay.Gov, they 

shall obtain a receipt. The licensee shall 

submit the receipt from Pay.Gov to the 

NRC along with fingerprint cards. For 

additional guidance on making 

electronic payments, contact the 

Facilities Security Branch, Division of 

Facilities and Security, at 301–415– 

7513. Combined payment for multiple 

applications is acceptable. The 

application fee (currently $26) is the 

sum of the user fee charged by the FBI 

for each fingerprint card or other 

fingerprint record submitted by the NRC 

on behalf of a licensee, and an NRC 

processing fee, which covers 

administrative costs associated with 

NRC handling of licensee fingerprint 

submissions. The Commission will 

directly notify licensees who are subject 

to this regulation of any fee changes. 

4. The Commission will forward to 

the submitting licensee all data received 

from the FBI as a result of the licensee’s 

application(s) for CHRCs, including the 

FBI fingerprint record. 

F. Right to Correct and Complete 

Information 

1. Prior to any final adverse 

determination, the licensee shall make 

available to the individual the contents 

of any criminal history records obtained 

from the FBI for the purpose of assuring 

correct and complete information. 

Written confirmation by the individual 

of receipt of this notification must be 

maintained by the licensee for a period 

of one (1) year from the date of 

notification. 


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1678 Federal Register / Vol. 80, No. 8 / Tuesday, January 13, 2015 / Notices 

2. If, after reviewing the record, an 

individual believes that it is incorrect or 

incomplete in any respect and wishes to 

change, correct, or update the alleged 

deficiency, or to explain any matter in 

the record, the individual may initiate 

challenge procedures. These procedures 

include either direct application by the 

individual challenging the record to the 

agency (i.e., law enforcement agency) 

that contributed the questioned 

information, or direct challenge as to the 

accuracy or completeness of any entry 

on the criminal history record to the 

Assistant Director, Federal Bureau of 

Investigation Identification Division, 

Washington, DC 20537–9700 (as set 

forth in 28 CFR 16.30 through 16.34). In 

the latter case, the FBI forwards the 

challenge to the agency that submitted 

the data and requests that agency to 

verify or correct the challenged entry. 

Upon receipt of an official 

communication directly from the agency 

that contributed the original 

information, the FBI Identification 

Division makes any changes necessary 

in accordance with the information 

supplied by that agency. The licensee 

must provide at least 10 days for an 

individual to initiate an action 

challenging the results of a FBI CHRC 

after the record is made available for 

his/her review. The licensee may make 

a final access determination based on 

the criminal history record only upon 

receipt of the FBI’s ultimate 

confirmation or correction of the record. 

Upon a final adverse determination on 

access to an ISFSI, the licensee shall 

provide the individual its documented 

basis for denial. Access to an ISFSI shall 

not be granted to an individual during 

the review process. 

G. Protection of Information 

1. The licensee shall develop, 

implement, and maintain a system for 

personnel information management 

with appropriate procedures for the 

protection of personal, confidential 

information. This system shall be 

designed to prohibit unauthorized 

access to sensitive information and to 

prohibit modification of the information 

without authorization. 

2. Each licensee who obtains a 

criminal history record on an individual 

pursuant to this Order shall establish 

and maintain a system of files and 

procedures, for protecting the record 

and the personal information from 

unauthorized disclosure. 

3. The licensee may not disclose the 

record or personal information collected 

and maintained to persons other than 

the subject individual, his/her 

representative, or to those who have a 

need to access the information in 

performing assigned duties in the 

process of determining suitability for 

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 CHRC may be 

transferred to another licensee if the 

gaining licensee receives the 

individual’s written request to redisseminate 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. 2015–00379 Filed 1–12–15; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket Nos. STN 50–456, STN 50–457, STN 

50–454 and STN 50–455; NRC–2012–0203] 

Issuance; Exelon Generation 

Company, LLC 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Director’s decision under 10 

CFR 2.206; issuance. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) has issued a 

director’s decision with regard to a 

petition dated April 29, 2012, filed by 

Mr. Barry Quigley (the petitioner), 

requesting that the NRC take action with 

regard to Braidwood Station, Units 1 

and 2, and Byron Station, Units 1 and 

2. The petitioner’s requests and the 

director’s decision are included in the 

SUPPLEMENTARY INFORMATION section of 

this document. 

ADDRESSES: Please refer to Docket ID 

NRC–2012–0203 when contacting the 

NRC about the availability of 

information regarding this document. 

You may obtain publicly-available 

information related to this document 

using any of the following methods: 

• Federal Rulemaking Web site: Go to 

http://www.regulations.gov and search 

for Docket ID NRC–2012–0203. Address 

questions about NRC dockets to Carol 

Gallagher; telephone: 301–287–3422; 

email: Carol.Gallagher@nrc.gov. 

• NRC’s Agencywide Documents 

Access and Management System 

(ADAMS): You may obtain publicly 

available documents online in the 

ADAMS Public Documents collection at 

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

adams.html. To begin the search, select 

‘‘ADAMS Public Documents’’ and then 

select ‘‘Begin Web-based ADAMS 

Search.’’ For problems with ADAMS, 

please contact the NRC’s Public 

Document Room (PDR) reference staff at 

1–800–397–4209, 301–415–4737, or by 

email to pdr.resource@nrc.gov. The 

ADAMS accession number for each 

document referenced in this document 

(if that document is available in 

ADAMS) is provided the first time that 

a document is referenced. 

• NRC’s PDR: You may examine and 

purchase copies of public documents at 

the NRC’s PDR, Room O1–F21, One 

White Flint North, 11555 Rockville 

Pike, Rockville, Maryland 20852. 

SUPPLEMENTARY INFORMATION: Notice is 

hereby given that the Director, Office of 

Nuclear Reactor Regulation, has issued 

a director’s decision (ADAMS Accession 

No. ML14239A313), on a petition filed 

by the petitioner on April 20, 2012 

(ADAMS Accession No. ML12130A318). 

The petitioner requested that the NRC 

immediately shutdown Braidwood 

Station, Units 1 and 2, and Byron 

Station, Units 1 and 2, until all turbine 

building (TB) high-energy line break 

(HELB) concerns were identified and 

those important to safety were 

corrected. 

As the basis of the request, the 

petitioner asserted: 

• An adequate supply of combustion air 

for the emergency diesel generators (EDGs) is 

threatened because the combustion air can be 

diluted with steam. Although the combustion 

air is drawn from an air shaft (not the TB), 

it is also the same air shaft that supplies 

ventilation for the EDG room. Under certain 

conditions, the ventilation damper alignment 

is such that steam that enters the EDG room 

from the ventilation exhaust can back flow 

into the inlet air shaft. From there it can be 

drawn into the engine, potentially starving 

the engine of air. 

• The effects of high temperature in the 

engineered safeguards features (ESF) 

switchgear (SWGR) rooms on the protective 

relaying setpoints have not been evaluated. 

The concern is that high temperatures could 

alter the setpoints such that protective 

actions occur under normal loading 

conditions. 

• The current method of analysis for TB 

HELB uses a ‘‘lumped volume’’ approach 

wherein the mass and energy (M&E) of the 

ruptured line mixes instantly with the entire 

volume before flowing into the areas of 

concern. Because this substantially reduces 

the energy flow, it does not always give 

conservative results. For example, the 

petitioner’s preliminary assessment using the 


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