ML18303A361

Energy Northwest Facility Clearance Reporting Requirements Related to Foreign Ownerships, Control, and Influence Letter

ML18303A361
Person / Time
Site:	Columbia
Issue date:	10/31/2018
From:	Darryl Parsons NRC/NSIR/DSO/ISB
To:	Swatzke B Energy Northwest
Williamson A
Shared Package
ML18303A360	List: ML18303A361
References
Download: ML18303A361 (2)

Text

October 31, 2018 Mr. Bradley J. Sawtzke Chief Executive Officer Energy Northwest North Power Plant Loop P.O. Box 968 MD 1023 Richland, WA 99352

SUBJECT:

FACILITY CLEARANCE REPORTING REQUIREMENTS RELATED TO FOREIGN OWNERSHIP, CONTROL OR INFLUENCE

Dear Mr. Sawtzke:

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. Energy Northwest agreed to participate in the program and was granted an FCL. Subsequently, the FCL was renewed by letter dated May 6, 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 May 6, 2013, letter enclosure to Energy Northwest and determined that the enhanced reporting obligations are no longer needed. Accordingly, the NRC staff is informing Energy Northwest that it no longer needs to provide the information identified in the enclosure to the May 6, 2013, letter renewing Energy Northwests FCL.

Please note that, as an FCL holder under 10 CFR Part 95, Energy Northwest 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. Energy Northwest, as the holder of an NRC FCL, is 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 you and provide guidance and sufficient time for FCL holders to implement the new or revised requirements.

B Sawtzke 2 If you have any questions, please call me 301-415-7751 or Doug Hase of my staff at 301-415-2650.

Sincerely,

/RA J. Keith Everly for/

Darryl Parsons, Chief Information Security Branch Division of Security Operations Office of Nuclear Security and Incident Response

Enclosures:

As stated

Memo. ML18303A361, Pkg. ML18303A360 TA:

OFFICE NSIR/DSO/ISB OGC BC: NSIR/DSO/ISB NSIR/DSO NAME AWilliamson TKeene MFWoods DParsons DATE 10/24/2018 10/31/2018 10/30/2018 10/31/2018