ML18338A178
| ML18338A178 | |
| Person / Time | |
|---|---|
| Site: | Fermi  |
| Issue date: | 12/04/2018 |
| From: | Darryl Parsons NRC/NSIR/DSO/ISB |
| To: | Fessler P DTE Electric Company |
| Alicia Williamson 415-1878 | |
| Shared Package | |
| ML18338A140 | List: |
| References | |
| Download: ML18338A178 (2) | |
Text
December 4, 2018 Mr. Paul Fessler Senior Vice President and Chief Nuclear Officer DTE Electric Company Fermi 2, 210 NOC 6400 North Dixie Highway Newport, MI 48166
SUBJECT:
FACILITY CLEARANCE REPORTING REQUIREMENTS RELATED TO FOREIGN OWNERSHIP, CONTROL OR INFLUENCE
Dear Mr. Fessler:
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. DTE Electric Company agreed to participate in the program and was granted an FCL. Subsequently, the FCL was updated by letter dated October 21, 2009. The 2009 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 October 21, 2009 letter enclosure to DTE Electric Company and determined that the enhanced reporting obligations are no longer needed. Accordingly, the NRC staff is informing DTE Electric Company that it no longer needs to provide the information identified in the enclosure to the October 21, 2009 letter updating DTE Electric Companys FCL.
Please note that, as an FCL holder under 10 CFR Part 95, DTE Electric 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 a 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. DTE Electric 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.
P. Fessler If you have any questions, please call me at 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:
DTE Letter dated October 21, 2009
Ltr. ML18338A178, Pkg. ML18338A140 OFFICE NSIR/DSO/ISB TA:
NSIR/DSO OGC BC:
NSIR/DSO/ISB NAME AWilliamson TKeene MFWoods DParsons DATE 12/04/2018 12/04/2018 12/04/2018 12/04/2018