ML18274A232
| ML18274A232 | |
| Person / Time | |
|---|---|
| Issue date: | 10/23/2018 |
| From: | Darryl Parsons NRC/NSIR/DSO/ISB |
| To: | Nolan M Duke Energy Carolinas, Duke Energy Corp |
| Williamson A | |
| Shared Package | |
| ML18274A230 | List: |
| References | |
| Download: ML18274A232 (2) | |
Text
October 23, 2018 Mr. M. Christopher Nolan Director - Nuclear Regulatory Affairs Duke Energy Corporation 550 South Tryon Street EC2ZF Charlotte, NC 28202
SUBJECT:
FACILITY CLEARANCE REPORTING REQUIREMENTS RELATED TO FOREIGN OWNERSHIP, CONTROL OR INFLUENCE
Dear Mr. Nolan:
Following the terrorist attacks in 2001, the U.S. Nuclear Regulatory Commission (NRC) invited all power reactor licensees to participate in a voluntary facility clearance (FCL) program that would allow access to classified information. Those licensees that agreed to participate in the voluntary program were required to obtain an FCL and a personnel security clearance in accordance with the requirements in Title 10 of the Code of Federal Regulations (10 CFR)
Part 95, Facility Security Clearance and Safeguarding of National Security Information and Restricted Data. Duke Energy Corporation agreed to participate in the program and was granted an FCL. Subsequently, the FCL was renewed by letter dated April 17, 2013. The 2013 FCL renewal letter also included an enclosure that outlined certain enhanced Foreign Ownership, Control, or Influence (FOCI) reporting obligations that exceed the FOCI reporting requirements of Part 95.
The NRC staff recently reviewed the enhanced FOCI reporting obligations in the April 17, 2013, letter enclosure to Duke Energy Corporation and determined that the enhanced reporting obligations are no longer needed. Accordingly, the NRC staff is informing Duke Energy Corporation that it no longer needs to provide the information identified in the enclosure to the April 17, 2013, letter renewing Duke Energy Corporations FCL.
Please note that, as an FCL holder under 10 CFR Part 95, Duke Energy Corporation and its subsidiaries must continue to meet all applicable requirements in 10 CFR Part 95, including Sections 95.17(a)(1), 95.19(a), 95.19(b), 95.19(c), and 95.57(a). As a Cognizant Security Agency, the NRC is required to ensure that licensees receiving an FCL follow the applicable requirements in the National Industrial Security Program Operating Manual (NISPOM). The NISPOM contains additional reporting requirements beyond those in 10 CFR Part 95. Duke Energy Corporation, as the holder of an NRC FCL, and its subsidiaries, are expected to comply with these additional NISPOM reporting requirements. Furthermore, the NRC may implement new or revised requirements as a result of changes to the NISPOM. Should this occur, the NRC will inform and provide guidance for FCL holders to implement the new or revised requirements.
C. Nolan 2 If you have any questions, please call me 301-415-7751 or Doug Hase of my staff at 301-415-2650.
Sincerely,
/RA/
Darryl Parsons, Chief Information Security Branch Division of Security Operations Office of Nuclear Security and Incident Response
Enclosure:
As stated
Memo. ML18274A232, Pkg. ML18274A230 TA:
OFFICE NSIR/DSO/ISB OGC BC: NSIR/DSO/ISB NSIR/DSO NAME AWilliamson TKeene MFWoods DParsons DATE 10/22/2018 10/22/2018 10/18/2018 10/23/2018