ML020870489

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Letter to Gm Rueger-Security Letter
ML020870489
Person / Time
Site: Diablo Canyon  Pacific Gas & Electric icon.png
Issue date: 03/22/2002
From: Springer M
Office of Administration
To: Rueger G
Pacific Gas & Electric Co
References
Download: ML020870489 (6)


Text

March 22, 2002 Gregory M. Rueger Senior Vice President Generation and Chief Nuclear Officer Diablo Canyon Nuclear Power Plant Units 1 & 2 Pacific Gas and Electric Company 77 Beale Street, 32nd Floor San Francisco, CA 94105

Dear Mr. Rueger:

As a result of the recent terrorist threats, the U.S. Nuclear Regulatory Commission (NRC) is taking steps to enhance its licensees ability to respond to the continuing heightened security environment. Currently, the NRC is authorized to disseminate classified information to uncleared persons only under special circumstances when timeliness is critical to mitigating an emergency situation. However, the NRC has decided to process security clearances for licensees so that they may have access to classified information under more routine circumstances.

Under this program, those licensees who desire to participate may be granted up to five personnel security clearances for access to classified information to key licensee staff at each nuclear power reactor site. Two-unit and three-unit sites should be treated as one location for these purposes. The Facility Security Officer for each site must be included as one of the five persons cleared. Classified information will eventually be disseminated to these licensee contacts through the NRC resident inspector office, which will be provided the ability to receive and store classified national security information.

Each individual to be cleared will be required to complete Form SF 86, Questionnaire for National Security Positions (enclosed), as part of the clearance process. Individuals must agree to execute the SF-312, Classified Information Nondisclosure Agreement (enclosed),

before the clearance is granted. Individual clearances must be updated every 10 years.

Licensees will be expected to cover the initial and recurring costs of the individual clearances, which will be $145.00 each. In order for the NRC to make a Facility Security Clearance determination, participating licensees will also be required to develop a security plan as a user of classified information (Standard Practice Procedures Plan enclosed) and be subject to Foreign Ownership Control or Influence (FOCI) determinations made by the NRC. An overview of these requirements can be found in Title 10, Code of Federal Regulations (10 CFR) Part 95.

A sample FOCI package including Form SF 328, Certificate Pertaining To Foreign Interests, is also enclosed. Please note that your organization will be asked to certify annually to the NRC whether significant changes have occurred in the extent and nature of FOCI that would affect your responses to the SF 328 form. You will also be required to submit a new SF 328 every 5 years as part of a FOCI redetermination. Lastly, the President, Chairman of the Board of Directors, or other key management officials for each licensee may also need to be cleared, which may or may not include the original five personnel you select to receive a clearance.

G. Rueger

ML020870489 ADM-024 To receive a copy of this document, indicate in the box: "C" = Copy without attachment/enclosures "E" = Copy with attachments/enclosures "N =

No copy OFFICE INFOSEC INFOSEC PERSEC OGC OCFO NAME JKEverly***

ALSilvious***

CMStone***

DFHassell CLTurner DATE 03/19/02 03/19/02 03/19/02 03/19/02 03/20 /02 OFFICE NRR D/DFS OGC D/ADM NAME BABoger TOMartin TBRothschild **

MLSpringer DATE 03/20/02 03/20/02 03/20/02 03/20/02

This document is SENSITIVE / NON-SENSITIVE:

(Initials) (Date)

DISTRIBUTION (without enclosures)

PUBLIC DCF: LRD 3.00.09 LRD 7.00.09 P.G. Norry, EDO S.J. Collins, NRR B.W. Sheron, NRR J.A. Zwolinski, NRR B.A. Boger, NRR M.L. Springer, D/ADM T.O. Martin, D/DFS C.L. Turner, CFO D.S. Engel, OGC J. K. Everly, INFOSEC ADM R/F DFS R/F INFOSEC R/F PDIV-2 R/F G. Shukla E. Peyton

March 22, 2002 Gregory M. Rueger Senior Vice President Generation and Chief Nuclear Officer Diablo Canyon Nuclear Power Plant Units 1 & 2 Pacific Gas and Electric Company 77 Beale Street, 32nd Floor San Francisco, CA 94105

Dear Mr. Rueger:

As a result of the recent terrorist threats, the U.S. Nuclear Regulatory Commission (NRC) is taking steps to enhance its licensees ability to respond to the continuing heightened security environment. Currently, the NRC is authorized to disseminate classified information to uncleared persons only under special circumstances when timeliness is critical to mitigating an emergency situation. However, the NRC has decided to process security clearances for licensees so that they may have access to classified information under more routine circumstances.

Under this program, those licensees who desire to participate may be granted up to five personnel security clearances for access to classified information to key licensee staff at each nuclear power reactor site. Two-unit and three-unit sites should be treated as one location for these purposes. The Facility Security Officer for each site must be included as one of the five persons cleared. Classified information will eventually be disseminated to these licensee contacts through the NRC resident inspector office, which will be provided the ability to receive and store classified national security information.

Each individual to be cleared will be required to complete Form SF 86, Questionnaire for National Security Positions (enclosed), as part of the clearance process. Individuals must agree to execute the SF-312, Classified Information Nondisclosure Agreement (enclosed),

before the clearance is granted. Individual clearances must be updated every 10 years.

Licensees will be expected to cover the initial and recurring costs of the individual clearances, which will be $145.00 each. In order for the NRC to make a Facility Security Clearance determination, participating licensees will also be required to develop a security plan as a user of classified information (Standard Practice Procedures Plan enclosed) and be subject to Foreign Ownership Control or Influence (FOCI) determinations made by the NRC. An overview of these requirements can be found in Title 10, Code of Federal Regulations (10 CFR) Part 95.

A sample FOCI package including Form SF 328, Certificate Pertaining To Foreign Interests, is also enclosed. Please note that your organization will be asked to certify annually to the NRC whether significant changes have occurred in the extent and nature of FOCI that would affect your responses to the SF 328 form. You will also be required to submit a new SF 328 every 5 years as part of a FOCI redetermination. Lastly, the President, Chairman of the Board of Directors, or other key management officials for each licensee may also need to be cleared, which may or may not include the original five personnel you select to receive a clearance.

G. Rueger The NRC will identify these individuals as necessary. Licensees will not be required to pay for the NRCs costs related to the FOCI determinations conducted in FY 2002.

Please respond within 30 days of receiving this letter indicating whether you desire to participate in this effort and, if appropriate, naming a point of contact (name, title, telephone number, and e-mail address) for your site. Each person nominated for a security clearance should return the form SF-86 and entire security package when complete in the envelope provided along with a check made out to the U.S. Nuclear Regulatory Commission for $145 for each clearance. One check can be provided for the total number of clearances requested.

Your response to this letter, the FOCI package along with the SF-328, and a Standard Practice Procedures Plan should be sent separately as they are completed to the following address:

ATTN: LICENSEE CLEARANCES, MAIL STOP O2-D15 DIVISION OF FACILITIES AND SECURITY OFFICE OF ADMINISTRATION U.S. NUCLEAR REGULATORY COMMISSION 11555 ROCKVILLE PIKE ROCKVILLE, MARYLAND 20852 Questions regarding FOCI or the Standard Practice Procedures Plan should be referred to J. Keith Everly at 301-415-7048 or jke@nrc.gov. Questions regarding the SF-86 or the security clearances should be referred to Cheryl Stone at 301-415-7404 or cms2@nrc.gov.

Sincerely,

/RA/

Michael L. Springer, Director Office of Administration Docket Nos. 50-275 and 50-323

Enclosures:

As stated cc without enclosures: See next page

Diablo Canyon Power Plant, Units 1 and 2 cc:

NRC Resident Inspector Diablo Canyon Nuclear Power Plant c/o U.S. Nuclear Regulatory Commission P.O. Box 369 Avila Beach, CA 93424 Dr. Richard Ferguson, Energy Chair Sierra Club California 1100 11th Street, Suite 311 Sacramento, CA 95814 Ms. Nancy Culver San Luis Obispo Mothers for Peace P.O. Box 164 Pismo Beach, CA 93448 Chairman San Luis Obispo County Board of Supervisors Room 370 County Government Center San Luis Obispo, CA 93408 Mr. Truman Burns Mr. Robert Kinosian California Public Utilities Commission 505 Van Ness, Room 4102 San Francisco, CA 94102 Mr. Steve Hsu Radiologic Health Branch State Department of Health Services P.O. Box 942732 Sacramento, CA 94327-7320 Diablo Canyon Independent Safety Committee ATTN: Robert R. Wellington, Esq.

Legal Counsel 857 Cass Street, Suite D Monterey, CA 93940 Regional Administrator, Region IV U.S. Nuclear Regulatory Commission Harris Tower & Pavilion 611 Ryan Plaza Drive, Suite 400 Arlington, TX 76011-8064 Christopher J. Warner, Esq.

Pacific Gas & Electric Company Post Office Box 7442 San Francisco, CA 94120 Mr. David H. Oatley, Vice President Diablo Canyon Operations Diablo Canyon Nuclear Power Plant P.O. Box 3 Avila Beach, CA 93424 Telegram-Tribune ATTN: Managing Editor 1321 Johnson Avenue P.O. Box 112 San Luis Obispo, CA 93406 Mr. Ed Bailey, Radiation Program Director Radiologic Health Branch State Department of Health Services P.O. Box 942732 (MS 178)

Sacramento, CA 94327-7320 Mr. Robert A. Laurie, Commissioner California Energy Commission 1516 Ninth Street (MS 31)

Sacramento, CA 95814