ML20138H991
| ML20138H991 | |
| Person / Time | |
|---|---|
| Issue date: | 03/20/1997 |
| From: | Norry P NRC |
| To: | Callan L NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| Shared Package | |
| ML20138H014 | List: |
| References | |
| FRN-62FR17683, RULE-PR-25, RULE-PR-50, RULE-PR-54, RULE-PR-95 AF37-2-005, AF37-2-5, NUDOCS 9705070356 | |
| Download: ML20138H991 (3) | |
Text
s AF37r MEMORANDUM TO: L. Joseph Callan Executive Director for Operations FROM: Patricia G. Norry, j
Deputy Executive Director for Management Services .
~
SUBJECT:
AMENDMENT TO 10 CFR PARTS 25,50,54 AND 95 Attached for your signature is a final rule to be published in the Federal Register that amends 10
- CFR Parts 25, " Access Authorization for Licensee Personnel," 50, " Domestic Licensing of Production and Utilization Facilities," Part 54, " Requirements for Renewal of Operating Licenses for Nuclear Power Plants," and 95, " Security Facility Approval and Safeguarding of National ,
Security Information and Restricted Data". I Backuround: On October 31,1994, the Deputy Secretary of Defense, acting as the Executive Agent for the National Industrial Security Program (NISP), approved the NISP Operating Manual (NISPOM) establishing government-wide requirements for the protection of classified National Security Information and Restricted Data at industrial facilities, including NRC contractors, and to the extent feasible within regulatory requirements, NRC licensees and certificate holders. On April 17,1995 and August 2,1995, the President signed Executive Orders 12958, " Classified National Security Information," and 12968, " Access to Classified Information," respectively, which revised requirements for handling, protecting and accessing classified information. The requirements of these national security policy documents are applicable to licensees as well as NRC. The effect of the new Executive Orders and the NISPOM is that 10 CFR Parts 25,' 50,54 and 95, are no longer consistent with current national security policies and directives. Some examples include revised accountability requirements for Secret information, revised requirements regarding Foreign Ownership, Control or Influence, and new locking mechanism requirements.
The proposed rule was published on August 5,1996 (61 FR 40555) and the comment period expired on October 4,1996. Comments were received from Georgia Power and the Department of Energy. The Georgia Power comments requested four clarifying amendments, all of which were adopted. Most of the DOE comments either were adopted or were editorial in nature.
However, DOE's comments concerning the level of background investigation required for access to Secret Restricted Data were significant and posed a dilemma for NRC. Given DOE's statutory responsibilities for the protection of Restricted Data, we did not want to disndss their recommendations without further evaluation nor could we simply adopt the comments since they would subject licensees and/or certificate holders to additional expenses and appear to exceed requirements of the current national policy (the NISPOM) for the protection of such information.
It appears necessary to give all affected parties an opportunity to comment on and justify their positions on this issue before a final decision is reached. Therefore, the attached final rule removes {25.15 and 95.35 of the proposed rule, leaving the current requirements in place (which meet DOE's recommendations) but states that we will republish those paragraphs for additional public comment in a separate rulemaking action. This will permit all affected parties to specifically address the issues of cost and requirements as well as provide supporting rationale for 9705070356 970429 PDR PR 25 62FR17683 . PDR
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i their recommendations.
Notices: A notice to the Commission that the EDO has signed the enclosed Federal Register ;
notice is attached for inclusion in the Daily Staff Notes. Appropriate congressional committees !
will also be notified. I Coordination: The Oflices of Nuclear Materials, Safety and Safeguards, Nuclear Reactor l Regulation and Nuclear Regulatory Research concur in this action. The Office of the General Counsel has no legal objection.
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i Attachments: l
- 1. Approval for Publication
- 2. Federal Register Notice of Final Rulemaking l
- 3. Regulatory Analysis j
- 4. Daily StaffNotes l
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1 Distribution:
MC:
SCF: LRD 3.00.09 LRD 3.00.17 M. L. Grodin, OIG l D/SEC R/F I Document Name: Rule 7. DOC l
(CIRCLE the "C" to rpqejve a copy of t).ls dgepnent withovt' enclosqres; CIRCLE the "E" to receive a copy with enclosures)
OFFICE SEC WV lC E $Mh e i fE D/40M 8 lCE FCSS/NMSSlC E NRR/ DISP lC E NAME DGKidd $$)}Mf E@aY EQTen-Eyck* FPGillespie**
DATE 3//0/97 37 M97 V 3 /',M / 97 2/28/97 3/3/97 OFFICE RES/DRA CE OGC' CE OGC CE RPB/ADM CE IRM/IRMB CE l NAME BMMorris* CMHolzle* SATreby* DLMeyer** BJShelton** I DATE 3/4/97 2/27/97 3/6/97 3/4/97 3/4/97 OFFICE DEDM , ,f CE , CE CE CE CE NAME PGNor F DATE 34 797 l OFFICIAL RECORD COPY I OConcurrence via E-mail. Copy attached ooConcurrence via memorandum. Copy attached l i
l
Attachment I l
Approved for Publication The Commission has delegated to the EDO (10 CFR 1.31(c)) the authority to develop and promulgate mies as dermed in the APA (5 U.S.C. 551(4)), subject to the limitations specified in l NRC Management Directive 9.17, " Organization and Functions, Office of the Executive Director i for Operations," paragraphs 0213,038,039, and 0310. I The attached final rule entitled " Access to And Protection of Classified Information," amends 10 l CFR Pads 25, " Access Authorization for Licensee Personnel," 50, " Domestic Licensing of l
Production and Utilization Facilities," Part 54, " Requirements for Renewal of Operating Licenses for Nuclear Power Plants," and 95, " Security Facility Approval and Safeguarding of National Security Information and Restricted Data". to conform them to new national security policies established by Executive Orders 12829,12958 and 12968 and the Nationai . Industrial Security Program Operating Manual.
This final rule does not constitute a significant question of policy, nor does it amend regulations contained in 10 CFR Parts 7,8, or 9 Subpart C concerning matters of policy. I therefore find that this rule is within the scope of my rulemaking authority and am proceeding to issue it.
3 - 2 (, - / 7 9, a-Date L.fosef Callan, Executive Director for Operations.