ML18354B198

Facility Clearance Reporting Requirements Related to Foreign Ownership, Control, and Influence Letter

ML18354B198
Person / Time
Site:	Wolf Creek
Issue date:	12/21/2018
From:	Darryl Parsons NRC/NSIR/DSO/ISB
To:	Heflin A Wolf Creek
Alicia Williamson 301-415-1878
References
Download: ML18354B198 (2)

Text

December 21, 2018 Adam C. Heflin President and Chief Executive Officer Wolf Creek Nuclear Operating Corporation P.O. Box 411, MS 7294 Burlington, KS 66839

SUBJECT:

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

Dear Mr. Heflin:

Following the terrorist attacks in 2001, the U.S. Nuclear Regulatory Commission (NRC) invited NRC 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.

This required licensees to comply with Foreign Ownership, Control, or Influence (FOCI) reporting requirements. In addition, some licensees received a letter from the NRC regarding the licensees FCL that included an enclosure with enhanced FOCI reporting obligations that exceed the reporting requirements in 10 CFR Part 95. The NRC staff recently reviewed the enhanced reporting obligations in the enclosure and, based on the NRCs operating experience with the voluntary program, has determined that these enhanced reporting obligations are no longer needed. Accordingly, the NRC staff is informing licensees that they no longer need to provide the information identified in the FCL enclosure.

Please note that all FCL holders under 10 CFR Part 95 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. NRC FCL holders 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 and sufficient time for FCL holders to implement the new or revised requirements.

A. Heflin Should you have any questions about FOCI requirements, 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

Ltr. ML18354B198 OFFICE NSIR/DSO/ISB TA: NSIR/DSO OGC BC: NSIR/DSO/ISB NAME AWilliamson TKeene MWoods

• DParsons DATE 12/6/2018 12/21 /2018 12/18/2018 12/21/2018