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UNITED STATES NUCLEAR REGULATORY COMMISSION k0Y D j WASHINGTON, D. C. 20555 j Sg '..c...v / FEB 121553 MEMORANDUM FOR: John G. Davis, Director Office of Nuclear Material Safety and Safeguards FROM: Robert F. Burnett, Director Division of Safeguards, NMSS
SUBJECT:
EDO INITIAL REVIEW 0F THREE RULEMAKING PROJECTS Attached are three ED0 rulemaking review packages, which were not involved in the initial group of reviews performed in 1984. Two of these rulemakings, the Material Control and Accounting (MC&A) Reform Amendments ano the Physical Protection Requirements for Nonpower Reactor Licensees Possessing Formula Quantities of Strategic Special Nuclear Material, have been published as proposed rules and are currently in the NRC Regulatory Agenda. The third rulemaking, Amendment of 10 CFR Part 11, has not been previously published or included in the NRC Regulatory Agenda. Also attached is a proposed memo-randum to forward these review packages to the EDO.
- The MC&A Reform Amendments would revise existing material control and accounting requirements for the indicated facilities with the objective of imoroving the timeliness of loss detection and enhancing alarm resolution capabilities. The rule has progressed through the proposed rule stage and public coments have been received. In view of the less than satisfactory past performance of the industry in the area of alarm resolution and past direction to NRC from Congress to improve material control and accounting, it is recomended that this rulemaking action be approved for continued development to a final rule.
The proposed Amendment of 10 CFR Part 11 would allow utilization of documen-tation for existing personnel clearances whether granted by the NRC or by other federal agencies. The amended Part 11 would also allow utilization of the DOE reinvestigation program for individuals subject to the require-ments of both agencies. This effort is being coordinated with the Division of Security. Since the amendments are administrative in nature and eliminate duplicative administrative and investigative effort on the part of licensees and the NRC, it is recommended that this rulemaking project be approved. We also recommend that this review package be reviewed by the ED0 and RES on a higher priority basis than the other two packages forwarded with this memorandum.
i 8601090342 851223 l PDR PR 11 50FR39076 PDR .
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FEB 121985 John G. Davis The Commission directed staff to temporarily stop action on the Physical Protection Requirements for Nonpower Reactor Licensees (NPRs) Possessing Formula Quantities of Strategic Special Nuclear Material (Category I) and to provide the Commission with a plan and schedule for development of steps to improve security measures at all NPRs that use high enriched uranium fuel.
This was accomplished in SECY 84-216 and staff is awaiting further direction from the Commission. The review package on the original Category I rulemaking is attached for completeness, so that rulemaking for nonpower reactor physical security will be included in the current NRC Regulatory Agenda. However, we recommend that the ED0 defer review of the package until further direction is received from the Commission.
3 G.T.h .<..
Robert F. Burnett, Director Division of Safeguards, NMSS Attachments:
As stated
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EDO RULEMAKING REVIEW PACKAGE 4 " REVISED CRITERIA AND PROCEDURES FOR DETERMINING
! ELIGIBILITY FOR ACCESS ~T0.0R CONTROL OVER
, SPECIAL NUCLEAR MATERIAL" i ~ -
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TITLE:
Revised Criteria and Procedures for Determining Eligibility for Access to or
. Control Over Special Nuclear Material CFR CITATION:
10 CFR 11 ABSTRACT:
This rulemaking amends requirements for using only NRC forus when requesting special nuclear material access authorizations and allcws use of other federal agency forms. This avoics needless duplication in administration and investigation for individuals currently cleared by such agencies on the basis of equivalent background investigations. The rule change allows renewal of access authorizations under the schedule of the DOE reinvestigaticn program if the DOE personnel clearance is equivalent. The rule also incorporates changes in fees and the schedule for fee determination.
TIMETABLE:
NFRM 06/31/85.
LEGAL AUTHORITY:
Sec. 7, Pub. L 93-377, 88 Stat. 475; Sec. 1611, Pub. L 83-703, 68 Stat. 948 (42 U.S.C. 2201(1)); Sec. 201, as amended, Pub. L 23-439, 68 Stat. 1242, Pub. L 94-79, 89 Stat. 413 (42 U.S.C. 5841). Sec. 11.15(e) also issued under the authority of (31 U.S.C. 9701).
EFFECTS ON SMALL BUSINESS AND OTHER ENTITIES: No AGENCY CONTACT:
Russel R. Rentschler Office of Nuclear Material Safety and Safeguards Washington, D.C. 20555 301 427-4761
9/A18
'. NMSS TASK
SUMMARY
SHEET Durp sa of Submission X New Task Revised Task Date: 1/9/84 Task #: T.562lIdf Task
Title:
Revision of 10 CFR Part 11. " Criteria and Procedures for Determining Eligibility for Access to or PPSAS#: 521314 Control Over Special Nuclear Material" Task
Description:
Revise 10 CFR Part 11 to eliminate duplicative and burdensome administrative requirements on licensees while maintaining the objectives of the NRC special nuclear material access authori-zation program.
3roject Manaoer: R. R. Rentschler, NMSS/SGFF, X74761 Jiame/0ffice Symbol / Phone) .
Droduct(s): Revised Regulation '
Other Oraanization Inouts Reouired: None
ADM Director, SEC Director, ELD 3chedule: ,,
Milestone - Date Develop Final Draft of Proposed ' Rule Dec, 1984 Forward Proposed Rule Package to MMSS Dir. Jan. 1985 Forward Proposed Rule Package to RES Jan.1985 Forward Final Rule Package to Staff Offices Mar.1985 Forward Final Rule Package to NMSS Dir. Apr. 1985 -
Forward Final Rule Package to EDO May 1985 Publish Final Rule June 1985 .
Desource Imolications: (Provide for duration of Task by FY) .
Required Resources: FY85: 0.30 SY, $K;$FY8:-
SY, SK; FY8 : -
SY, SK Budgeted Resources: FY85: SY SK; FY8 : . SY, SK; FY8 : SY, SK Source (s) of Unbudgeted Resources (If Necessary):
Reprogram .30 SYs from Milestone 524161 (Part 50.90 Amendments - NPR) -
to Milestone 521314 Impact (s) of Reprogramming (If Necessary):
As a result of this resource requirement, 6 of the 11 cases scheduled for completion under milestone 524161 will not be completed. p [
- cordination: b q D7N ]. WM bed FC pffgg- SG
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' oroval: 2Cc._ O' . aW Division Director Date: g .,
if Nr+55 Director w Date: [f30/ )
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EVALUATION OF RULEMAKING TITLE: AMENDMENT OF 10 CFR PART 11, REVISED CRITERIA AND PROCEDURES FOR DETERMINING ELIGIBILITY FOR ACCESS TO OR CONTROL OVER SPECIAL NUCLEAR MATERIAL
- 1. The issue to be addressed.
This rulemaking amends the language of the :ections of 10 CFR Part 11 which specify the requirements for applications and renewals of Material Access Authorizations. It eliminates the requirement for use of only NRC Forms so as to allow acceptance of documentation on individuals who possess current personnel clearances based upon equivalent investigaticns. It allows certification of DOE and, to a smalier degree, 000 documentation.
- 2. The necessity and urgency of addressing this istue.
Adoption of the ar.andments would eliminate unnecessary and duplicative expenditures of administrative and investigative effort and cost in carrying out the Material Access Authorization Program.
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- 3. Alternatives to rulemaking.
Staff has explored the possibility of eliminating the unnecessary duplication in documentation by granting an exemption from the regulation. The Office of the Executive Legal Director has advised that such action would cause certain legal problems in case of appeals.
- 4. How the issue will be addressed through rulemaking.
The rulemaking will explicitly authorize the use of DOE documentation for those individuals possessing current personnel clearances based upon equivalent
. investigations. It will also allow use of the DOE system of renewals.
- 5. Effect which the rulemaking has on the public, industry, and NRC.
This rulemaking eliminates initial and renewal applications for the category of licensee or licensee-contractor employees who possess personnel clearances based upon equivalent investigations made by other agencies. There is no effect upon the public by this administrative change to regulation.
Industry will be relieved of certain duplicative requirements and expenses.
The NRC will be relieved of certain administrative requirements which are replaced by less demanding requirements, t
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- 6. NRC resources and scheduling needed for the rulemaking.
Approximately one half' staff-year will be expended from now until a final rule is prepared. The. schedule for completing the amendment is six months.
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l AGENCYCONTACTi .
t Russel R. Rentschler Office of Nuclear Material Safety a id Safeguards Washington, D.C. 20555 301 427-4761 l
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WORKING %PER REGULATORY FLEXIBILITY CERTIFICATION The Ccrmission hereby certifies that this rule will not have a significant adverse impact upon a substantial number of small entities due to the facts that follow: -
Less than ten licensees will be affected by this rulemaking; only administrative requirements are affected; requirements which duplicate those of other Federal agencies will be reduced or eliminated.
LIST OF SUBJECTS IN 10 CFR Part 11 Part 11 - Hazardous materials - transportation, nuclear materials, reporting and recordkeeping requirements, security measures, special nuclear material.
Part 11 Criteria and Procedures for Determining Eligib_ility_ fcr Accels_ _to_ _or Control Over Special Nuclear Material
- 1. The authority citation for Part 11 continues to read as follows:
Authority: Sec. 7, Pub. L 93-377, 88 Stat. 475; Sec. 1611, Pub. L 83-703, 68 Stat.948(42U.S.C.2201(i));Sec.201,asamended, Pub.L 23-439, 68 Stat.
1242, Pub. L 94-79, 89 Stat. 413 (42 U.S.C. 5841). Sec.11.15(e)alsoissued ender the authcrity of (31 U.S.C. 9701). l l
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- 2. Section 11.7(c) is amended to read as follows:
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, "NRC 'U' special nuclear material access authorization" means an administrative determination based upon a national agency check and a full-field background investigation, normally conducted by the Office of Personnel Management, that an individual in the course of employment is eligibletoworkatajobfallingwithinthecriteriaof511.11(a)(1)or11.13.
- 3. Section 11.8 is added to read as follows:
511.8 Information col'lection requirements" OMB approval.
(a) The Nuclear Regulatory Commission has submitted the information collection requirements contained in this part to the Office of Management and Budget (CMB) for approval as required by the Paperwcrk Reduction Act of 1980 (44 U.S.C. 3501 et seq.). OMB has approved the information cc11ecticn requirements centained in this part under control number 3150-0062.
(b) The approved information ecliection requirements containeo in this part appear in $$ 11.9, 11.11, 11.13, and 11.15.
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- 4. Section 11.11(a) is amended to read as follows':
511.11 General Requirements.
l (a)Eachlicenseewho[after-February-195-19815] uses, processes, stores, transports, or delivers to a carrier for transport, formula quantities of special nuclear material (as defined in Part 73 of this chapter) subject to the physical protection requirerents of El 73.20, 73.25, 73.26, 73.45, and 73.46 of Part 73 of this chapter and each person subject to the general licensing requirements of 5 70.20(a) shall identify at its facility or plaat (excluding all non-power reactor facilities and storage of fuel incident thereto and facilities and plants in which the licensee possesses or uses only irradiated
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special nuclear material subject to the exemption of 5 73.6(b) of Part 73 of this chapter), describe, and if not already provided, provide to the Cormission,[by-January-18-1982s]within60daysbyamendmenttoitssecurity 5
plan:
- 5. Section 11.11(b) is amended to read as follows:
(b) After 365 days following Ccunnission approval of the amended security plan submitted in accordance with paragraph (s) of this section no individual may be permitted to work at any job determined by the Corrmiss;cn tc fall within the criterion cf paragraph (a)(1) of this section without an f3C-U special nuclear material access authorization, and no individual may te permitted unescorted access to any protectCd area at any sitt subject to this part 3
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I without either an NRC-U or NRC-R special nuclear material access authorization.
[An-eM ee pt4 e n-i s - p rev 4 ded- f sr-a ny-4 ndi v i d u al- empley e d- en- the- e f f ec t i ve-da te-as these-amendmentss-and-set-yet-4n-rese4pt-ef-an-appreved-access-auther42atien f rem-the-Genn4 s s i en3 -prev 4 ded-that- a-esmple te-spp44 ea t4 en-was-subm4 tted-fer that-employee-4n-aseerdanee-with-E h 16-and-the-app 44 eat 4en-bas-net-been disappreved.]
-Exceptions to the requirement for an f;R_C_ _U special nuclear _ ma_terial access _
_authori_zation for__ an individual to wo_rk at _a job withj_n the criteria of paracraoh (a)(1) are provided__ for (1) any individu_al _ employed in such _a_ jcb Kjho, is not in receipt of an NRC-U special nuclear material access authorization from the Corm:issicn, provided that_ _a_ _ complete applic_a_ tion has been submitted for proces_ sing for_t_ hat employee in accordance with 6 11_.15_(b_) and (ii) any
, individual in possession of an NRC-L or R access authorization __or an ecu1 valent active _ federal security clearance _ but not in _recejpt_ of_ the t1RC-U special nuclear material access authorization _ p_rovided that a complete _ applicati,on ha_s _
been submitted for pr,c,c,essigg,for that empicyee in accordance with 611.15_(b_).
Exceptions to the requirement for an_ f:R_C_ _R special _ nuclear material access authorizaticn for an individual _to have unescorted access to _a pro _tect_e_d a_rea are provided for (i) any individual employed in such a job who_ j_s_ not_ in rec _ejpt_ of an_ _t(RC-T. special nuclear material _ access authorization from the Corrmissicn, provided that a ccrrglet_e_ application has been submitted
.fc,r,Aro_ cessing,,for that empicyce in accordance with,,6,11,.1,5,(,bj;_ _a_nd (ii) any indivicual in pissession s _
cf an ftRC-L access _ authcrizaticn cr agc,u,1,v,a,1,crt,
_ active federal security _ clearance, proy1de_d th_a_t_a complete _ application has been submitted for pro _ cessing for that emp1_oyee in accor' dance with 911.15(b).
- 6. Section 11.13(a) is amended to read as follows:
(a) All individuals who after 365 days following approval of the amended security plan submitted in accordance with 511.11(a) transport, [ arrange-fer transpert] drive trator vehicles in road shipments of special nuclear material, pilot aircraft in air shipments of special nuclear material, act as monitors at transfer points or escort road, rail, sea, or air shipments of special nuclear material subject to the appropriate physical protection requirements of El 73.20, 73.26, or 73.27 of this chapter or are authorized to adjust such
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transport shall have NRC-U special nuclear material access authorization.
[An-except4en-4s-prev 4ded-for-any-4md4v4 dual-empleyed-sn-the-effeet4ve eate-ef-these-arendments-and-net-yet-4n-rece4pt-ef-an-apprsved-access-autheriaa-(4en-f r6m-the-GGIR54 s s 46n-p r 6V4 ded-th4 %-a-e9Fpl ete-a ppl4 ea tie R-a s - sWbr4 tted-567 that-erployee-4n-asserdance-with-E-lisle (b}-and-the-app 14 cat 4sn-kas-net-been disappreved.] Exceptions are provided_ f_o_r (1) any employed individual who_1_s n_ot in receipt of an _NR_C-U special nuclear material ac_ce_ss_ auth,o, ri_zation from the Ccnzission, provided that a_cceplcte application _has been submitted for f_ro_ce_ssi_ng_for_that emp1_cyee in A_ccordance with ?_11_.15,(b) and (ii) any individual in possession of an NR_C-1. or__R_ acces_q authorization or equivalent active Federal secur,i_ty_t clearance but not in receip,t_of,the NRC-U, special nuclear material access authorization _,__provpg that a comple_te, app,11_ cation has beer, submitted for y,r_ccessing for_ _that EfrplCMe in aCCordance With E 11.1E(b).
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- 7. Section 11.13(b) is arended to read as follows:
1.icensees who after 365 days following Comission approval of the amended security plan submitted in accordance with 511.11(a), transport or deliver to a carrier for transport special nuclear material subject to the physical protection requirerents of El 73.20, 73.26, 73.27 of this chapter shall confinn and record prior to shipment the name and special nuclear material access authorization number of all individuals identitled in paragraph (a) of this section assigned to the shiprant. [An-exeepties] Exceptions to the requirerent to confirm and record the SSNM access authorization number [4s]
, are provided for (1) any employed individual [eppleyed-en-the-effeEt4Ve-date ef-these-amendments-and] not in receipt of an NRC-U special nuclear material accessauthorizationprovidedthatacompleteapplication[was]hasbeen submittedforprocessingforthater.ployeeinaccordancewith9.[1h13(a)]
11.15(bar.d[the-app 44ea%4ep-F6%-been-d468ppFeved](ii)anyindividualin J1ss,e, s_ sic _n_ cf an NRC_-l. ,cr R a_cc_ess_ _ authorization or ecuival_e_nt active _ federal security clearance __but__n_ct in_rece1At_of_the i!RC ,U special nuclear material, access authorization,, prcyided t_h_a_t a comple,te applic_aticn has _been su_bmitte_d_
for processina for_ th_at__ unphee in accordance with 11.15(b).
- 8. Section 11.15(a) is renumbered as 11.15(a)(1).
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- 9. A new Section 11.15(a)(2) is added to read as follows:
Licensees who wish to secure NRC-U or NRC-R special nuclear _ material access authorizat_ ions fo_r_ individuals in possession of an active NR_C access authorization or other security clearance granted by another federal _acency based on an equivalent investigation shal_1 _ submit a security acknowledgement (Form 176), and a Request for Acce_ss A_uthorization (_NRC Fonn 237)_._ The NRC l: will' process such recuests by verifying t_he data on an NRC cleared 1_ndividual, l or centacting the federal agency which granted the c_ lea _ _a_n_ce r and recuestinc
_ certification _of the security clearanc_e and determine the investigative basis and level of such clearance. Lic_ensee_s__may direc_tly_ recuest the federal aSeryc1 l which administ_e_ red the__ security clearan_ce, if oth_er than NRC, to certify to the NRC that it has en file an a_ctive security cl_ea_ran_ce for such an individual 2 specifying the investigative basis and level of such clearance.
, 10. Section 11.15(t,) is amended and renumbered to read as follcws: ,
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! 511.15(b) Applications for special nuclear material access authorization for individuals cther than those audifying un_ der _ t_he provi_sions of 11.15(ajj21 s
! above, shall be made on forms supplied by the Coirmission including:
(1) Personnel Securit; Questionnaire (PS0) (NRC Form_2 1 PartsIandII)[cempletedby-the-4pd4v4hel];
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(2) National Agency Check-Da_ta _for Nonsensitive _o_r_ No_ncritical-Positic_n (SF-85A)-for R cases only:
(3) Two completed standard fingerprint cards (FD-250) [w4th-the 4pdiv4dwa41s-f4n5erprints-ff4n5erpr4nts-may-be-taken-by-a-4 seal-pellee auther4ty},];
(4) Security acknowledgement [ferm] (NRC Form 176);
(5) Authority to Release Information (NRC Form 259);
(6) [Gther] Related fonns where specified in acccmpanying instructions (NRC-254); and -
(7) A statement by the employer, prospective employer, or contractor identifying the jcb to be assigned to or assumed by the incivicual and the level of authorization needed, justified by appropriate reference to the licensee's security plan.
- 11. Section 11.15(c) is renumbered 11.15(c)(1) and arrended to read as folicws:
Except as provided in 511.15_(c)(21 1 _
belcw, NRC_-U,and R special nuclear material access authorization shall expire five years folicwing the. date of
! issue. If continued NRC-U and_R 'special nuclear material (ccess authorizctict
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is required, an application for renewal shall be submitted at least 120 days prior to expiration date. Failure to rake a timely application will result in expiration of special nuclear material access authorization. Special nuclear material access authorization for which a, timely application for renewal has been made may be continued beyond the expiration date pending final action on the application. An application for renewal will [eepsist-ef] include:
- A. A statement by the licensee that at the time of application for renewal the individual's assigned or assumed jcb requires an NRC-U special nuclear material access authorization, justified by appropriate reference to the licensee's security plan.
B. Personnel Security Questionnaire (NRC Form 1, Parts 1 and II),
' [eempleked-by-the-app 44eant].
C. National Acency Check-Data for Nonsensitive cr Noncritical-sensitive position (SF-85A).
C. Two completed standard fingerprint caros [w4th-the-4pd4v4swa41s (4pserpr4sts] (FD Form 258).
E. Authority to release infomation (NRC Form 259).
F. Other related forms where specified in accompanying NRC instructions (NRC Fcrm 254).
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An application for renewal of N_RC-R special nuclear material access authorization need only include a_ st_atement by the licensee that at th_e time
_of application for renewal the individual's assigned or assumed job requires an NRC-R special nuclear material _ ac_ cess authorization _,_ justified by appr_opriate reference to the licensee's security plan.
- 12. A new Section 11.15(c)(2) is added to read as follows:
An_ exceptipn to the NRC-U sp_e_ci_a_1 nuclear material _ _acc_e_ss authorization expiraticn date and the tire for submission of NRC U sp_ecial nucl_ ear material access _ authorization renewal applicaticns, is_ pro _vi_ded for thc_se individcals who have a current a_nd active DOE Q access authorization and who are subje,ct to DOE Selective Reinvestigation Pr_ogram requirements. -For these individuals.
the time for submission of NRC U special nuclear material access authori_zation ren_ewal_ applications may coincide with the time for submission of Part I of a
] DOE Personnel Security Questionnaire to 00E_ pursuant to 0_0E Selec_tive
, Reinvestig_aticn Procram re_quir_emens._ The__ licensee may, submit to NRC, con-current with its submission _to_ DCE, an orioinally_ sicned and dated copy o_f Part I of the individual's COE Perscnnel _Securit1 u_esticnnaire 0 _tocether with 4
Part II of an NRC_ Pers_onnel Securi_ty Qu_es_ tic _n_n_ air,e_ _an_d,,the form _s and informa-tion recui_ red _ byaragraphs_ (c)_(,ll(,A), (C), JDJ,,,,(,E),,_and (F) above, as the supporting dccumentation for_ an_ _NRC-U specia_1,nu_clea_r_ material access authori-zation renewa_1_ appjj, cation. , Any_ NR_C___U_ spec 1al puclear raterial access author ,
't ization issued in response _ te a renewal applicatico submitted pursuant to
.thj,s,parasray,h,5),(,2),s_ all_
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b _not,,e, xpire until_ _t_he date set ,by _ DOE for the next reinvestigaticn of the individual,y,u,r,suant to 00E's Selective Reinvesticaticn
Program (gererally nery fiy_e, yea rs). e a _ At_,ty,a,t,,t,ir.3,,(a,rd _at_ the,,t, ige,,c,f, c,a,cji J,ub),e,qent_ reir.ves,tMion of the individua1 L,_the licensee irgy_aga,in submit2 concurrent with its submissicn to 00E, an _criginally a sicoed and dated ccpg Part I of the individual's 00E Personnel Security _ Cuesticnnaire ,together with _
Part II of an NRC Personnel Security Cuestionnaire and the forms and informa-tien recuired by paragraph (c)(1)_(A), (C_)_,1DJ t (E)nand (F) above, as the suppcrting decurrentation for the renewal yp,11 cation. Failure to file such a renewal afflication ccncurrent with the time for submissicn of 'an individual'_s Part I of a DOE Persennel Security,0u_e_stiennaire to CCE pursuant to 00E Selective _ Reinvestigati_cn Peccram er,egu,1,rements wi_11 result in the expiration cf the i_ndividual's NRC special n_uclear material __ access authorizaticn. NRC-U
_sficial nuclear material access authcrizaticns for which a tirrely applicati_on
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for renewal has been made may be _ continue,d_heyond the expiration cata pend _ing final _ action on the application.
- 13. Section 11.15(c) is arrended to read as fcliows:
Each application fcr special ruclear material access authorization, renewal or change in level must be acccarpaniec by the licensee's remittance payable to the U.S. Nuclear Regulatcry Ccrnrissicn accoroing to the folicwing schedule:
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(1) New-app 44ea44ep3 "W" $13559 (2) New app 44eatiep3-"R" 15 (3) Renewal "W"-or-- "R" EE (4) Ghange-ef-4evel "R"-to ' JW"-ffwl4 fee-c h a rged-enly- 4 f- an-i nv e s tiga % 4 e n 1
4s-requ4 red 13559 (5) Genvert-existing-NRG-er-GGE UQ" y er QfX)"-te-V -13550 i (6) Genvert-e*4 sting-hRG-er-96E "6" i er"hfX)"-te-W 213559 (7) Genvert-ex4 sting-NRG-er-90EQ3 1 "QfX)"3- k"3-er- EfX) -to-R I Fv44-fee-charged-enly-4f-an-4mvestigat4en-4s-requ4 reds-4 e 3-last invest 43atien-4s-mere-than-(4ve-years-e4d-er-dees-pet-seet-Feess5aFy investigative-sespe.
(1) NRC U recuiring full field investigatio_n $1,580 (2) NRC__U base _d on certification of comparable full y field backgrouna investigation 0
- (3) tjRC R renewal [ [
(4) NRC R [
(5) NRC R based on certificaticn. of c,cyga,r,abl,e c 2
investication 0 I If full field investigation is deemed necessary, a fee of $1580 will be
_a_s_s e_s_ sed .
2 a fee of
$15.001f will National Agency be assessTd; ~
Check irvestigation however is deerred necessary,Tdeemed if a TuTlWTTnYestiqTtlEn 1 ~
to i be n7cessaryTi.e cf $HBY711,1[be_ as_se_ssiC~~~~~~
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Material access authorization fees will be published in [Seeember] July of each year and will be applicable to each access authorization request received during the following calendar year. Applications from individuals having current Federal access authorizations may be processed expediticusly at [4ess]
njt cost, since the Commission may ac' cept the certification of access authorizations and investigative data [(wh4eh-4s-less-than-f 4ve-years-eld)] frcm other Feceral Governrent agencies which grant personnel access authorization.
- 14. Section 11.15(f) is amended by replacing the existing paragraph tc read as folicws:
[Nwelear-Regulatory-Germissism-(NRG)-er-9epartment-ef-Energy-(90E) "QU-er "E"-assess-auther4zatien-gFa'hted-te-an-NRG-Gr-SCE empleyte-er-a-9epart ent-ns Sefense-(GGS} " Top-Secret"-(based-en-a-fwl4-f 4 eld-4pvest4 sat 4en)-er." Secret" slearasee-granted-se-a-BGB-employee 3-w(44 permit-this-employees en-eff4e464 bus 4pess3-the-same-level-ef-weescorted-access-te-special-nwe4 ear-mater 4a4 with48-raterial-access-areas 3 or-within-v4tal-areas 3-sr-pretected-areas-that an-kRG "W"-er "R2-access-awthwr4aattee s -respestively3-wewid-afford-4r aceerdanee-with-i-11,11.]
Any federal empicyee or employ _ee of _a contractor of a Feferal aSgel v,f_sjting an affected facility for _t_he,yurpose_ _of conducting cf f1cial business ard who possesses an active NRC__or_ DOE Q access _ authorizaticn cr an cruiv,alent fcderal sjgcurj, tlc,le,a,r3,rgr,an,te,c_,by ar.other Fedcral a3,ep,cy, _("_ Top _ Secret")
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t based on a comparable full field background investication may be permitted the same level of unescorted access that an_ NRC-U special nuclear ma_terial acc_e_ss j
authorization would afford in accordance with 11.11. Any federal employee or employee of a contractor of a Federal agency visitina an affected facili_ty for ,
the purpose of conducting official business and who pdssesses an active NRC or i'
DOE L access authorization or_ an equivalent security _ clearance granted by another Federal agency (" Secret") based _ on a background investigation or !
national agency check may be permitted the same level cf unescorted access that I
an NRC R special nuclear rater _1al a_ccess authorization would afford in y accordance with 11.11. !
1 Dated at Bethesda, Maryland, this day of , 1985,
- i For the Nuclear Regulatcry Comr.ission.
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~ ~ ~ ' ' ~
hilliam J. Dircks, -
> Executive Director fcr Operations. ;
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I l 1
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