ML18310A149

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Indiana Michigan Facility Clearance Reporting Requirements Related to Foreign Ownership, Control, or Influence Letter Final
ML18310A149
Person / Time
Issue date: 11/08/2018
From: Darryl Parsons
NRC/NSIR/DSO/ISB
To: Gebbie J
Indiana Michigan Power Co
Williamson A
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ML18310A148 List:
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Download: ML18310A149 (3)


Text

November 8, 2018 Mr. Joel P. Gebbie Senior Vice President and Chief Nuclear Officer Indiana Michigan Power Company Nuclear Generation Group One Cook Place Bridgman, MI 49106

SUBJECT:

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

Dear Mr. Gebbie:

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. Indiana Michigan Power Company agreed to participate in the program and was granted an FCL. Subsequently, the FCL was updated by letter dated April 17, 2013. The 2013 FCL update letter also included an enclosure that outlined certain enhanced Foreign Ownership, Control, or Influence (FOCI) reporting obligations that exceed the FOCI reporting requirements of 10 CFR Part 95.

The NRC staff recently reviewed the enhanced FOCI reporting obligations in the April 17, 2013, letter enclosure to Indiana Michigan Power Company and determined that the enhanced reporting obligations are no longer needed. Accordingly, the NRC staff is informing Indiana Michigan Power Company that it no longer needs to provide the information identified in the enclosure to the April 17, 2013, letter updating Indiana Michigan Power Companys FCL.

Please note that, as an FCL holder under 10 CFR Part 95, Indiana Michigan Power Company 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. Indiana Michigan Power Company, 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.

J. Gebbie 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:

NRC Letter to Indiana Michigan dated April 17, 2013

Memo. ML18310A149, Pkg. ML18310A148 OFFICE NSIR/DSO/ISB TA: NSIR/DSO OGC BC: NSIR/DSO/ISB NAME AWilliamson TKeene MFWoods DParsons DATE 10/25/2018 11/6/2018 11/5 /2018 11/6/2018