ML20138J167
| ML20138J167 | |
| Person / Time | |
|---|---|
| Issue date: | 04/09/1997 |
| From: | Rathbun D NRC OFFICE OF CONGRESSIONAL AFFAIRS (OCA) |
| To: | Inhofe J, Schaefer D HOUSE OF REP., SENATE |
| Shared Package | |
| ML20138H014 | List: |
| References | |
| FRN-62FR17683, RULE-PR-25, RULE-PR-50, RULE-PR-54, RULE-PR-95 AF37-2-009, AF37-2-9, NUDOCS 9705080054 | |
| Download: ML20138J167 (4) | |
Text
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The Honorable Dan Schaefer, Chairman April 9, 1997 Subcommittee on Energy and Power Committee on Commerce United States House of Representatives Washington, DC 20515
Dear Mr. Chairman:
The NRC has sent to the Office of the Federal Register for publi amendment to the Commission's rules in 10 cation CFR the enclosed Parts 25 50 54 and 95. The licensee, certificate holder and othern facilities ormation at to current na Orders 12958 and 12968. reflected in the National Industrial Security Program anual and Executive the Federal Register.The Commission is issuing the final rule with an effective d e 30 days after publication in Sincerely, Original signed by/
Dennis K. Rathbun, Director Office of Congressional Affairs
Enclosure:
As stated cc:
Representative Ralph Hall Distribution _-
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April 9, 1997 !
The Honorable Dan Schaefer, Chairman i Subcommittee on Energy and Power Committee on Commerce United States House of Representatives Washington, DC 20515 i
Dear Mr. Chairman:
I
, The NRC has sent to the Office of the Federal Register for publication the enclosed -
amendment to the Commission's rules in 10 CFR Parts 25,50, 54 and 95. The amendment conforms NRC regulations for the protection of classified information at !
licensee, certificate holder and other facilities to current national security policies as reflected in the National Industrial Security Program Operating Manual and Executive Orders 12958 and 12968.
l The 20mmission is issuing the final rule with an effective date 00 days after publication in I the Federal Register.
Sincerely, Original signed by/
l Dennis K. Rathbun, Director Office of Congressional Affairs )
i 1
Enclosure:
As stated cc: Representative Ralph Hall Distribution: 1 MC: None SCF: LRD 3.00.09 i LRD 3.00.17 i D/SEC R/F i P. G. Norry, DEDM E. L. Halman, D/ADM R. A. Dopp, SEC i
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l The Honorable James M. Inhofe, Chairman 7 April 9, 1997 l Subcommittee on Clean Air, Wetlands, Private % l Property and Nuclear Safety Y3 Committee on Environment and Public Works /
United States Senate 4
l Washington, DC 20510 l
i l
Dear Mr. Chairman. ,
1 -
The NRC has sent to the Office of the Federal Register for publication the enclosed amendment to the Commission's rules in 10 CFR Parts 25,50,54 and 95. The amendment conforms NRC ]
regulations for the protection of classified information at licensee, certificate holder and other .
l facilities to current national security policies as reflected in the National Industrial Security l l Program Operating Manual and Executive Orders 12958 and 12968.
)
l The Commission is issuing the final rule with an effective date 30 days after publication in the l Federal Register. ]
1 Sincerely, l 1
Original signed by/ l Dennis K. Rathbun, Director .
Office of Congressional Affairs !
Enclosure:
As stated ;
cc: Senator Bob Graham Distribution:
MC: None , l SCF: LRD 3.00.09' ,
LRD 3.00.17 / l D/SEC R/F I P. G. Norry, DEDM E. i.. Halman, ADM R. A. Dopp. SEC l
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REGULATORY ANALYSIS
- 1. Statement of Problem On October 31, 1994, the Deputy Secretary of Defense, acting as the Executive Agent for the National Indus;-lal 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 new national security policy documents are applicable to licensees, certificate holders, and others regulated by the NRC. The effect of the new Executive Orders and the NISPOM is that 10 CFR Part 25. " Access Authorization for Licensee Personnel," 10 CFR Part 50, " Domestic Licensing of Production and Utilization Facilities," 10 CFR Part 54, " Requirements for Renewal of Operating Licenses for Nuclear Power Plants," and 10 CFR Part 95,
" Security Facility Approval and Safeguarding of National Security Information and Restricted Data," are no longer consistent with national security policies and directives.
- 2. Obiettive The objective of this regulatory initiative is to conform the NRC's regulations for the protection of classified information at licensee, certificate holder and other NRC regulated facilities possessing or having employees with access to classified information, with national policles for the protection of such information.
- 3. Alternatives There is no reasonable alternative to the revision of these regulations that would achieve the desired result.
- 4. Consecuences There are approximately 10 affected entities licensed or otherwise L regulated by the NRC. Each licensee, certificate holder or other entity who requires access to National Security Information or Restricted Data to conduct official business related to an NRC regulated activity must have a facility clearance under the provisions of Part 95 and individuals, other i than USEC personnel who are cleared by DOE, who have access to classified information must have a access authorization granted to them under Part 25 or, under S50.37 or $54.17(g),' ". . .The Commission shall have determined
, that permitting such person to have access to Restricted Data will not endanger the common defense and security."
i These entities will be required to comply with the requirements of 10 CFR j Parts 25, 50, 54 and 95, wnich will involve costs to these entities. The
costs, however, should be no higher than under the current regulations and are likely to be lower since a number of requirements have been reduced (e.g. , lesser requirements for accountability of secret information, teduction of requirements for GSA approved security containers and reduction of administrative requirements for classified visits). These changes will not have an impact on other NRC programs or requirements at these facilities.
- 5. Decision Ratinnale The only available method of imposing these requirements on selected licensees and others is to revise 10 CFR Parts 25, 50, 54 and 95. Other avenues would lack the requisite formality and legality necessary to require all affected NRC licensees to adhere to the changes in requirements for the protection of classified information.
l
- 6. Imnlementation i
i l The Division of Security intends to publish the final rule amending 10 l CFR Parts 25, 50, 54 and 95 by March 31, 1997.