ML062920436
| ML062920436 | |
| Person / Time | |
|---|---|
| Issue date: | 11/14/2006 |
| From: | Zimmerman R Office of Nuclear Security and Incident Response |
| To: | Killar F Nuclear Energy Institute |
| Purdy, G, NSIR/DSP, 415-6101 | |
| References | |
| G20060038, LTR-06-0024 | |
| Download: ML062920436 (3) | |
Text
November 14, 2006 Mr. Felix M. Killar, Jr., Senior Director Nuclear Energy Institute 1776 I Street, NW, Suite 400 Washington, DC 20006-3708
Dear Mr. Killar:
I am responding to your letter dated January 5, 2006, requesting that the U.S. Nuclear Regulatory Commission (NRC) review and approve the Safeguards Information (SGI) management programs of carriers that provide Radioactive Materials in Quantities of Concern (RAMQC) transportation services for licensees. As stated in our first response, dated April 17, 2006, the staff agreed to consider your request.
After carefully reviewing your request, the staff determined that licensees, through standard business practices such as purchase order or contract agreements, can adequately ensure that their contractor carriers apply appropriate measures to protect SGI, as would be done with other sensitive business-related information. Therefore, at this time, the NRC does not plan to review and approve the SGI programs of carriers.
The Order dated November 5, 2004, issued to licensees that transport RAMQC imposes requirements for the protection of SGI in the hands of any person, whether or not a licensee of the NRC, who produces, receives, or acquires SGI. Licensees and all other persons who obtain SGI must ensure that they develop, maintain, and implement strict policies and procedures for the proper handling of SGI to prevent unauthorized disclosure. Licensees must ensure that their contractors whose employees may have access to SGI either adhere to the licensees policies and procedures on SGI or develop, maintain and implement their own policies and procedures that comport with regulatory requirements. A contractors SGI program does not need to be specific to each licensees SGI program for conformance. However, the licensees remain responsible for the conduct of their contractors. If there is an unauthorized release of SGI by a carrier, the NRC will evaluate all relevant circumstances in determining whether regulatory action involving the licensee or carrier (or both) is warranted.
In addition to the requirements of the November 5, 2004, Order, licensees are expected to comply with the Energy Policy Act of 2005 (EPAct). Section 652 of the EPAct amended Section 149 of the Atomic Energy Act to require fingerprinting and a Federal Bureau of Investigation (FBI) identification and criminal history records check before anyone is given access, by anyone, to SGI. To meet this requirement, contractors will need to submit fingerprints to the licensee for their employees that require access to SGI. The licensee forwards the fingerprints to the NRC for the FBI criminal history check. The licensee then makes the trustworthy and reliable determination that is informed by the results of the FBI criminal history check. Alternatively, the NRC has determined that individuals who have active federal security clearances or who have a favorably-decided U.S. Government criminal history check within the last five (5) years have already been subjected to fingerprinting and criminal history checks and thus have satisfied the EPAct fingerprinting requirement. The NRC is developing new rulemaking to address the requirements of the EPAct.
F. Killar, Jr.
If the Nuclear Energy Institute decides to sponsor workshops on the development of SGI handling programs, NRC can provide a staff member to participate, if requested.
If you have any questions regarding this response, please contract Mr. Michael Layton, Chief of the Materials, Transport and Waste Security Branch of the NRCs Office of Nuclear Security and Incident Response. Mr. Layton can be contacted at 301-415-5751 or by e-mail: mcl@nrc.gov.
Sincerely,
/RA/
Roy P. Zimmerman, Director Office of Nuclear Security and Incident Response
Package: ML060520235, Letter: ML062920436, Incoming: ML060130254, First Response: ML060520314 OFFICE MTWS C:MTWB/DSP DDMS/DSP OGC D:DSP/NSIR NAME GPurdy MLayton MShaffer JGoldberg GTracy DATE 10/5/06 10/10/06 10/13 /06 10/17/06 10/18/06 OFFICE OE D:NSIR (review)
DEDR:EDO EDO D:NSIR (signature)
NAME CCarpenter RPZimmerman WKane LReyes RZimmerman DATE 10/24/06 11/ 2 /06 11/ 8 /06 11/ /06 11/14/06