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', UNITED STATcS A6 #-dj (fyh 8 3 ,q ' % NUCLEAR REGULATORY COMMISSION f V I WASm NG TON, D. C. 20555 ,,,
%, / MAR 291985 g MEMORANDilM FOR: Russel R. Rentschler W C, u,~
Fuel Facility Safeguards Licensing Branch /
Division.of-Safeguards w M /Ne Officiof Nuclear Material'Sa'{ety and Safeguards FROM: John Philips, Chief \
Rules and Procedures Branch Division of Rules an Records /
Office of Administration /
SUBJECT:
REVIEW 0F 10 CFR PART 11 DRAFT FINAL RULE The Division of Rules and Records has reviewed the second draf t of the final rule amending 10 CFR Part 11 and we have enclosed a marked-up copy with our coments.
i We received a memorandum dated March 21, 1985, frorr Brenda Shelton of TIDC, stating that this rulemaking would affect information collection requirements and that additional information is required before TIDC can determine what would be the appropriate statement. You should check with Brenda Shelton (28585) to ensure that processing of the paperwork clearance package is proceeding such that no problems will arise to delay pubitcation of this rule.
The Division of Security (SEC) has informed this branch that they will be i
developing a proposed rule to Part 25 that will delete the chart that revises annually the fees charged for NRC Access Authorization, which is similar to the chart being revised in this rule. SEC plans to notify interested parties by l 1etter instead of making frequent amendments to the regulations. To avoid any conflict, you should coordinate the publication of this rule with Dick Dopp on extension 24124.
On pages 3, 4, and 5 of the final rule where reference is made to the effective date of these regulations, sufficient blank space should be left in l the text so that the Office of the Secretary after consultation with the Office of the Federal Register may calculate and insert a date certain into the regulatory text.
We have included an insert (page 4a) that sets out the standard text for the procedural requirements in this rule. If you have any questions regarding our coments, please call me on extension 27086.
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- John Philips, Chief l Rules and Procedures Branch Division of Rules and Recnrds Office of Administration
Enclosure:
As stated yhyI0ly363UStQQ3 J
30FR39076 PDR
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NUCLEAR REGULATORY COMMISSION
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10 CFR NatT/11 ht / ve- et. c.
A N RE'!!SE M RITERIA AND PROCEDURES FOR DETEDMMING ELIGIBILITY FOR ACCESS TO OR CONTROL OVER SPECIAL NUCLEAR MATERIAL //,/6 AGENCY: Nuclear Regulatory Comission .
A r ACTION:
Final /ule7
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SUMMARY
- The Nuclear Regulatory Comission is cM ;ing khe requirements for applications for initial access authorizations and for their renewal by' allowing utilization of information on file with the government on individuals possessing curren.t active clearances cased upon equivalent investigations. The M& inh int <<- w'JSugesM eliminate unnecessary duplication of administrative
+% pd licenseesforindividualsaanseypossessing.comparableclearances/ Ihey Meeld-also eliminate certain NRC administrative costs.
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FOR FURTHER INFCDtATION CONTACT: Russel R. Rentschler, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Comission, Washington, ~20555, telephone: (301)427-4761.
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4 SUPPLEMENTARY INFORMATION: ,
BACKGROUND On March 17, 1977 (42 FR 14880), the NRC publishea proposed amendments to its ragulatiens wnten would establi*h an accas, autnorization program for individuals who have unescorteo access to or control over special nuclear material. Written comments were invited and received. On Deceroer 28, 1977 (42 FR 64703), the Commission issued a notice of public hearings cn the proposed regulations and subsequently established a Hearing Board to gather additional testimony. A final rule, based upon recommendations of the Hearing Board regarding only fuel cycle facilitiej.and transportation, was published-+n -
610f/e 71/ w l We y k & # 4t*-.V CFR Parts 11, 50, and 70 on November 21,1980(45FR76968).
One of the reasons for undertaking the flRC access authorization program for individuals having access to or control'over special nuclear material was to maintain comparability with a similar program of clearances at Department of Energy (DOE) facilities and at mixed 00E/NRC facilities. Subsaquently, the population of individuals affected has become one in which 00E/NRC mixed facility employees are by far the dominant segment. Accordingly, the incentive to establish and maintain a cceparable and incependent ilRC program has been replaced by an incentive to 00M;ie as much of the existing DOE sytem as possible. Tne revisions to 10 CFR Part 11 accuinplish this end.
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.s CONVERSION OF CLEARAi<CES The NRC accepts persvinel access clearances from ether Federal agencies if the investigations upon wnich the clearances ara based are equivalent to those required for the level of ;lRC special nuclear material access authcrization.
Inis avoics duplication of investigative activities for indiviouals who have undergene a comparable investigation.
ACCEPTANCE OF NON-NRC APPLICATI0il FOR.js Usa of applicaticns for access authorizations on forms whicn era 1ssued by other Federal agencies, if all relevant information is provided, allcws the grar.t1ng of NRC r.aterial access author 12aticns without cuplicative administrative costs. It allows incorporation of axisting documentation. "
USE OF OEPARTVENT OF ENERGY
,RElslVESTIGATI0tl PROGPM The DOE reinvestigation pr: gram for individuals balding NRC material access authorizations allows renewals under the two programs to be handlad under a single system of administration. It avoids having both the licensee and the NRC duplicata administrative activities already performed by the licensee and 00E.
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s' F MINOR ADMINISTRATIVE _ CHANGES, 1 o 1
A number of minor changes .of an ministrative nacure are included in the rule revision. The scnedule date t,or -
vision of fees has been changed from December to July; the fee for a full field .9vestigation i
has oeen changed from 51550.00 to $1580.00. Conforming changes have also bten maae, where appropriate, to incorporate the major revisions descrioe6 earlier.
NO ENVIRONMENTAL IMPACT c- W
.f gf The rule revision has no i ect on e environment. ('// '
It is who lyh .,
concerneo with personnel control a d s administrative in nature. Under the x provisions of 10 CFR 51.5 an env on. ntal impact statement or negative declaration and environmental ppraisal need not be prepared.
PAPERWORK REDUCT N ACT STATEMENT 4[. e g(N0gu' k)ntinL.
The changes to the rule ame S information collection requirements that are subject to tne Paperwork Recu ion Act of 1980 (44 U.S.C. 3501 et. seq.). The rule prior to these amenM nts was submitted to the Office of Management and Budget and was reviewe and approved for paperwork requirements. The emendments to the r e eliminate reporting requirements which duplicate chose j from other Feoer agencies.
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ENVIRONMENTAL IMPACT: CATEGORICAL EXCLUSION The NRC has detennined that this final rule is the type of action described in categorical exclusion 10 CFR 51.22(c)(insert the paragraph number within- 10 CFR 51.22(c) that precisely identifies the appropriate categorical exclusion). Therefore neither anf environmental f impact statement nor an environmental assessment has been prepared for this final rule.
4 PAPERWORK REDUCTION ACT STATEMENT
! This final le does not contain a ew or amended information l . collection require t subject to the Pap rwork Reduction Act of 1980 (44 U.S.C. 3501 et seq. . Existing require ts were approved by the Office of Management and dget approval numbe 3150- .
P REGULATORY ANALYSIS 1 The Commission has prepared a regulatory analysis on this final regulation. The analysis examines the costs and benefits of the alternatives considered by the Comission. The analysis is available for inspection in the NRC Public Document Room,1717 H Street NW, Washington, DC. Single copies of the analysis.may be obtained from (insert name, address, and I 4
telephone number of staff contact). -
LIST OF SUBJECTS IN 10 CFR PART 11 Hazardous materials-transportation, Nuclear materials, Reporting and recordkeeping requirements, Security measures, Special nuclear material.
For'the reasons set out in the preamble and under the authority of the Atomic Energy Act of 1954,Yamended, the Energy _ Reorganization Act of 1974, >
as amended, and 5 U.S.C. 553, the NRC is adopting the following j amendments to 10 CFR Part 11. t i !
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REGULATORY FLEXIBILITY CE IFICATION The Comission hereby certifies that this rule will not have a significant adverse impact upon a substantial number small entities due to the facts that follow:
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Less than ten licensees will be affected by this rulemaking; only administrative requirements ar affected; requirements which duplicate those of reduced or eliminated, other Federal agencies will ,b st Of Subjects In 10 CFR Part 11 i
Part 11 - Hazardous!naterials transportation, Nuclear materials, Reporting
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and recordkeep f requirements, Security measures, Special nuclear material.
PART 11 CRITERIA AND PROCEDURES FOR DETERMINING ELIGIBILITY FOR ACCESS TO OR CONTROL OVER SPECIAL NUCLEAR MATERIAL
- 1. The authority citation for Part 11 is revised to read as follows:
AUTHORITY: Sec.161, 68 Stat. 948, as amended (42 U.S.C. 2201); sec. 201, 88 Stat. 1242, as amended (42 U.S.C. 5841).
Section 11.15(e) also issued under sec. 501, 85 Stat, 290 (31 U.S.C.
483a).
ENCLOSURE B p[
- 2. In i 11.7, Paragraph (c) is revised to read as follows:
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(c) "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 Pe,rsonnel Management, that an individual in the course of employment is eligible to work at a job falling within the criteria of $11.11(a)(1) or 11.13.
- 3. In i 11.11, the introductory text of paragraph (a) and the entire o text of paragraph (b) are revised to read as follows:
J i 11.11 General Requirements.
(a) Each licensee who [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 requirements 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 plant (excluding all non-power reactor facilities and storage of fuel incident thereto and b
facilities and plants in which the licensee possesses or uses only irradiated special nuclear material subject to the exemption of 5 73.6(b) of Part 73 of i
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this chapter), describe, and if not already provided, provide to the Comission, [by-January-18 5 -1982 i ] within 60 days of the effective date t>-
of these amendments by amendment to its security plan:
(b) After 365 days following Commission 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 Comission to fall within the criterion of paragraph (a)(1) of this section without an NRC-U special nuclear material access authorization, and no individual may be permitted unescorted access to any protected area at any site subject to this part without either an NRC-U or NRC-R special nuclear material access authorization.
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[An-exeeption-4s-previded-fer-any-4ndiviaal-employed-en-the-effeetive-date-ef the s e- ame ndmen ts i-a nd- n e t-ye t-i n-rese 4 p t-o f-a n-a ppro ved-a ee e s s-a u th e r 4 ]E a tio n -
f rem-the -Gemi s s i o n ,- p rev ided- th a t-a - e emple te-a p pli e a ti on -wa s - s u bmi t ted-fe r f(f,.
that-employee-4n-aseerdanee-with-511,15-and-the-applicatien-has-net-been disapproved.] ;f 9
(1) Exceptions to the requirement for an NRC-U special nuclear material s' access authorization for an individual to work at a job within the criteria of 3
g paragraph (a)(1) are provided for (i) any individual employed in such a job on
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the effective date of these amendments who is not yet in receipt of an NRC-U special nuclear material access authorization from the Comission, provided that a complete application has been submitted to and is pending before the
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NRC for processing for that employee in accordance with 611.15(b) or (ii) any individual in possession of an NRC-L or R access authorization or an equivalent active Federal security clearance but not yet in receipt of the NRC-U special nuclear material access authorization provided that a complete application has been submitted to and is pending before the NRC for processing for that employee in accordance with 6 11.15(b).
(2) Exceptions to the requirement for an NRC-R special nuclear material access authorization for an individual to have unescorted access to a protected area are provided for (i) any individual employed in such a job on[the effective date of these amendments)who is not yet in receipt of an NRC-R special nuclear
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material access authorization from the Commission, provided that a complete application has been submitted to and is pending before the NRC for processing ,
for that employee in accordance with 611.15(b); or (ii) any individual in possession of an NRC-L access authorization or an equivalent active Federal security clearance, provided that a complete application has been submitted to and is pending before the NRC for processing for that employee in accordance with 5 11.15(b).
In 511.13, paragraphs (a) and (b) are revised to read as follows: '
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, 5 11.13 Special requirements for transportation.
(a) All individuals who after 365 days following approval of the amended security plan submitted in accordance with 911.11(a) transport, [ arrange-for c
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transport] drive motor 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 $$
73.20, 73.25, 73.26, or 73.27 of this chapter or are authorized to alter the scheduling and routing of such transport shall have NRC-U special nuclear material access authorization. [An-exeeptien'4s-previded-fer-any i n di v idu a l- empl oyed-e n- th e-e f fe e t i v e-da te-e f- t he s e-ame ndmen ts -a n d-ne t-ye t-i n receipt-ef-an-appreved-aseess-aWther42atien-frem-the-Gemmissien-prev 4ded-that a-semplete-applicatien-as-submitted-fer-that-employee-in-aseerdanee-with -
6-11:4Efb)-and-the-applicatien-has-net-been-disappreved.] Exceptions are provided for (1) any individual who is employed in such a job on /the effective '?,
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date of these amendments)and who is not yet in receipt of an NRC-U spe~c ial
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nuclear material access authorization from the Commission, provided that a complete application has been submitted to and is pending before the NRC for processing for that employee in accordance with 611.15(b) or (2) any individual in possession of an NRC-L or R access authorization or equivalent active Federal security clearance but not yet in receipt of the NRC-U, special nuclear material access authorization, provided that a complete application has been submitted to .
and is pending before the NRC for processing for that employee in accordance with 6 11.15(b).
(b) Licensees who after 365 days following Commission approval of the l
l amended security plan submitted in accordance with 611.11(a), transport or
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deliver to a carrier for transport special nuclear material subject to the physical protection requirements of 55 73.20, 73.25, 73.26, 73.27 of this chapter shall confinn and record prior to shipment the name and special nuclear I material access authorization number of all individuals identified in paragraph (a) of this section assigned to the shipment. [An-exeeption-te-the-requirement te-eenfirm-and-reserd-the-SSNM-aesess-auther4zatien-number-is-previded-for-any i n d iv i du a l- empl oyed -e n- th e-e f fee ti v e- d a te-e f- th e s e-ame n dmea t s - a n d-ne t-ye t-i n ree e i p t- e f- an-a pp r 6 V e d-a e s e s s -a u the r 4 E a t49n- f rem- t he -G eRRi s s i en t-p reV ided- tha t a-semplete-applicat4en-was-submitted-fer-that-employee-4n-aseerdanee-with 5 - m13( a l-a nd- t h e-a p pl 4 e a t 4 e n-h a s -ne t- be en -d i s a p p re v ed . ] However, the licen-see need not confirm and record the special nuclear material access authoriza-tion number in the case of any individual for whom an application has been 4 &&ru M submitted and is pending before the NRC.Mm paragraph (a), above.
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511.15 Application for special nuclear material access authorization.
(a)
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(2) Licensees who wish to secure NRC-U or NRC-R special nuclear material access authorizations for individuals in possession of an active NRC 0 or L access authorization or other security clearance granted by another Federal agency based on an equivalent investigation shall submit a security acknowledge-ment (Form 176), and a Request for Access Authorization (NRC Fonn 237). The NRC 1
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will process these requests by verifying the data on an NRC cleared individual, or contacting the Federal agency which granted the clearance and requesting certification of the security clearance and determine the investigative basis and level of the clearance. Licensees may directly request the Federal agency which administered the security clearance, if other than NRC, to certify to the NRC that it has on file an active security clearance for individual, specifying the investigative basis and level of the clearance.
(b) Applications for special nuclear material access authorization for individuals other than those qualifying under the provisions of 611.15(a)(2), must [shall] be made on forms supplied by the Comission including:
(1) Personnel Security Questionnaire _(PSQ) (NRC Form 1, Parts I and II) [sempleted-by-the-4ndividual];
(2) National Agency Check-Data for Nonsensitive or Noncritical-Position (SF-85A)-for R cases only. (This form must be typed.):
(3) Two completed standard fingerprint cards (FD-258) [with-the individualls-fingerprints-ffingerprints-may-be-taken-by-a-leeal-peliee autherity),];
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4 (4) Security acknowledgement [ferm] (NRC Form 176);
(5) Authority to Release Information (NRC Form 259);
(6) [Qther] Related forms where specified in accompanying instructions (NRC-254); and (7) A statement by the employer, prospective employer, or contractor identifying the job to be assigned to or assumed by the individual and the level of authorization needed, justified by appropriate reference to the licensee's security plan.
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(c)(1) Except as provided in,'i 11.15(c)(2)A NRC-U and R special nuclear material access authorization shall expire five years following the date of issue. If continued NRC-U and R special nuclear material access authorization is required, an application for renewal must [shall] be submitted at least 120 days prior to expiration date. Failure to make a timely applica-tion will result in expiration of special nuclear material access authorization.
Special ..uclear 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 [eens4st-ef]
include:
- 1. A statement by the licensee that at the time of application for renewal the individual's assigned or assumed job requires an NRC-U special l
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REGULATORY ANALYSIS Criteria and Procedures for Determining Eligibility for Access to or Control Over Special Nuclear Material (10 CFR Part 11)
Statement of Problem Paragraph 10 CFR 11.11 requires each licensee who uses, processes, stores, transports or delivers to a carrier for transport, formula quantities of special nuclear material (as defined in 10 CFR Part 73) to identify all jobs under his control in which an individual could steal or divert special nuclear material, oE comit sabotage which could endanger the public by exposure to radisticr.. This paragraph further requires that persons who occupy the
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4 identified job positions be granted the appropriate level of NRC special nuclear material access authorization for initial or continued employment in such positions ("NRC-U" authorization for persons whose jobs permit them to have direct access to or control over the special nuclear material; and "NRC-R" i
authorization for those who do not have direct access to or control over the special nuclear material, but do have a requirement for unescorted access to protected areas wherein such material is located).
Seeb Pengreph 10 CFR 11.15 requires the initial and renewal applications for flRC special nuclear material access authorization for the affected licensee
, employees to be submitted on forms supplied by the Comission. This paragraph 1
authorizesaffectedlicenseestograntunescortedaccesspospecialnuclear material or to protected areas (during official business visits)to employees of the Comission, the Department of Energy (DOE) and the Department V
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of Defense (D0D), when such employees have personnel access authorizations or clearances which are based on investigations which are equivalent to the investigations required for licensee employees. However, there are no provisions for formally granting NRC special nuclear material access authorizationstopersonssuchaslicenseeemployeeswhohavespmilar .
yanhJbg skw h ewd 43 W personnel access authorizations or clearances,and are in, or applying for, positions at an NRC licensed facility which require the same access on a centinuing basis.
At the time that 10 CFR Part 11 was promulgated (1980), more than a dozen nuclear fuel facilities were affected. The rationale for requiring all applications,to be made on NRC forms was to provide a uniform system which was fg tailored to the needs of most licensees. A central investigative data file
'( would have been' established at the Comission Headquarters for all special
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nuclear material access authorizations granted by the Commission. Since that time the number ofi licensed fuel facilities having formula quantities of special nuclear material has been reduced significantly. All of the remaining facilities have requirements, to varying degrees, for NRC and/or DOE personnal access authorizations. The levels of these authorizations are the same ("Q" and "L"); and they are based on the same type of investigations (full field Background Investigation and National Agency Check, respectively).
Accordingly, investigative ~ data on file with either of these two agencies would be acceptable for granting the comparable level of access to special nuc1 car material (i.e., "Q" to "NRC-U" and "L" to "NRC-R"). The granting of access to special nuclear material to employees of other Federal agencies (e.g., the Department of Defense) which have comparable current investigative data on file
o would be consistent with this policy. Also, forms issued by other Federal agencies which are of similar design and contain all of the information required on the NRC application forms would be acceptable substitutes for the NRC ' fonns.
The changed circumstances in which the number of individuals needing NRC special nuclear material access authorizations are also already subject to DOE clearance requirements make it more reasonable to utilize as much of the existing DOE program as possible without diminishment of the NRC program.
l Accordingly, it is now appropriate to modify the regulations to allow:
(a) Co,nversion of NRC and DOE personnt:1 access authorizations to equivalent levels of NRC special nuclear material access authori-zations(i.e.,"Q"to"NRCd"and"L"to"NRC-R",respectively),when the investigations on which such personnel access authorizations were based are equivalent to those required for the level of access to special nuclear raterial for which applications are being made.
(b) Acceptance of forms accompanying the application for SNM access authorization which are issued by other Federal agencies, when such forms contain all of the information required on the prescribed NRC forms.
(c) Acceptance by the Comission, of certification from other Federal
- agencies, of investigative data when personnel cleared by such l
l agencies are making application for NRC special nuclear material L }
l access authorization and the investigative data on file are equivalent to that required for the level of special nuclear material access authorization for which applications are being made.
(d) Incorporation of minor administrative changes which have occurred since publication of the original rule in 1980 (e.g., date for annual revision of fees schedule has been changed from December to July; and changing the fee for a full field investigation from $1550.00 to
$1580.00).
An amen # ment to effect the foregoing changes to the rule would achieve all of the objectives of the Commission special nuclear material access authoriza-tion program; and at the same time, not require licensees to duplicate efforts and expenditures for equivalent investigations and application data which have already been accomplished to satisfy requirements of other Federal agencies.
The significance of taking no action to resolve this problem would be to require unnecessary and unreasonable expenditures and personnel time loss on the part of licensees and their employees to acquire information which is already available from other Federal sources.
Objective The objective of this rulemaking action is to provide an effective program for the Commission to grant special nuclear material access authorizations i
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without imposing unnecessary administrative burdens on licensees. This can be achieved by effecting the foregoing changes to the existing rule, which will ;
allow the Comission to " grandfather" certain cleared licensee employees into the program and to accept application forms and investigative data provided by other Federal agencies. This will allow adoption of the DOE Selective j Reinvestigation Program for renewals of those individuals possessing appropriate DOE clearances.
Alternatives Two alternatives were considered, in detail:
- 1) Retain the current rule unchanged.
- 2) Amend the current rule to achieve the stated objective.
Consequence _s, The costs and/or benefits of this rulemaking action are summarized as follows:
- 1) For each applicant for an NRC "U" special nuclear material access
-authorization who has had a full field background investigction conducted to satisfy personnel clearance requirements of another Federal agency, the amended rule will allow the employing licensee to submit an application without fee, as opposed to the $1580.00 fee, which is currently required for the full field investigation. For some licensees this may be as many as one third of the total number i
of employees who require initial NRC special nuclear material access authorization. Additionally, considerably less processing time is expended by the NRC reviewing officials, as well as the applicants.
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/f There will be no additional cost or edverse impact on NRC operations 2) other than the normal staff time expended and the cost of publishing the amendment notices in the Federal Register. The staff time required for drafting, coordinating and preparing the notice for final publication has, for the most part, already been expended.
Only a small amount of future effort, on the part of the staff, is
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agticipatedAe e cost per page for publication in the Fe$rD+.
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' Register is approximately $400. This notice should take less space cb.-
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( than two full pages. Thus, the cost for publishing both a final rule i notice will be less than $800.
Conclusion Alternative 2 (" Amend the current rule to achieve the stated objective")
should be implemented. The monetary cost to the Commission is minimal, as compared to the adverse impact of imposing on fuel facility licensees unneces-sary and duplicative requirements of the existing rule (i.e., less than the costofonefullfieldbackgroundinvestigationtoamendtherule).
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~r APPROVED FOR PUBLICATION In a final rule published March 19, 1982 (47 FR 11816), the Commission delegated to the EDO (10 CFR 1.40(c) and (d) the authority to develop and promulgate rules as defined in the APA (5 U.S.C. 551(4) subject to the limitations in NRC Manual Chapter 0103, Organization and Functions Office of the Executive Director for Operations, paragraphs 0213, 038, 039, and 0310.
The enclosed rule entitled, " Revised Criteria and Procedures for Determining Eligibility for Access to or Control Over Special Nuclear Material" amends 10 CFR Part 11 to allow utilization of current active Federal clearances based upon equivalent investigations for the purpose of granting the NRC special nuclear material access authorizations.
The proposed rule does not constitute a significant question of policy, nor does it amend regulations contained in 10 CFR Parts 0, 2, 7, 8, 9, Subpart C or 110. I therefore find that this rule is within the scope of my rulemaking authority and am proceeding to issue it.
Vate William J. D1rcks Executive Director of Operations ENCLOSURE D l
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nuclear material access authorization, justified by appropriate reference to the licensee's security plan. -
- 11. Personnel Security Questionnaire (NRC Form 1, Parts I and II),
[eempleted-by-the-applicant].
iii. National Agency Check-Data for Nonsensitive or Noncritical-sensitive position (SF-85A).
iv. Two completed standard fingerprint cards [with-the-4ndiv4dualis fingerprints] (FD Form 258). (This form must be typed.) -
- v. Authority to release information (NRC Form 259).
vi. Other related forms where specified in accompanying NRC instructions (NRC Form 254).
(2) An application for renewal of NRC-R special nuclear material access authorization need only include a statement by the licensee that at the time of application for renewal the individual's assigned or assumed job requires an NRC-R special nuclear material access authorization, justified by appropriate reference to the licensee's security plan.
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(3) An exception- to the NRC-U special nuclear material access authoriza- !
tion expiration date and the time for submission of NRC U special nuclear material access authorization renewal applications, is provided for those l individuals who have a current and active DOE-Q access authorization and who j are subject to DOE Selective Reinvestigation Program requirements. For these i
individuals, the time for submission of NRC-U special nuclear material access authorization renewal applications may coincide with the time-for submission of Part I of a DOE Personnel Security Questionnaire to DOE pursuant to DOE Selective Reinvestigation Program requirements. The licensee may submit to NRC, concurrent with its submission to DOE, a copy of Part I of the individual's DOE' Personnel Security Questionnaire bearing an original signature which is dated l 4
i together with Part II of an NRC Personnel Security Questionnaire and the fonns
- and infonnation required by paragraphs (c)(1)(i), (iii), (iv), (v), and (vi) f:$em .,
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the supporting documentation for an NRC-U special. nuclear material access authorization renewal application. Any NRC-U.special nuclear material l access authorization issued in response to a renewal application submitted ,
pursuant to this paragraph s not expire until the date set by DOE for the l
next reinvestigation of the individual pursuant to DOE's Selective Reinvesti-gation Program (generally every five years). At that time (and at the time of each subsequent reinvestigation of the individual), the licensee may again sub-4 mit, concurrent with its submission to DOE, an original signed and dated copy of j Part I of the individual's DOE Personnel Security Questionnaire together with
- Part II of an NRC Personnel Security Questionnaire and the forms and informa-tion required by paragraph (c)(1)(i), (iii), (iv), (v), and (vi) of this s_ection as the supporting documentation for the renewal application. Failure y
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_._.__ .__.__ __ _._ - . _ _ , , . . _ _ _ ___ _,_._._._.a.. . _ , _ , _ _ _ _
m.
4 to file such a renewal application concurrent with the time for submission of an individual's Part I of a DOE Personnel Security Questionnaire to DOE pursuant to DOE Selective Reinvestigation Program requirements will result in the expiration of the individual's NRC special nuclear material access authori-zation. NRC-U special nuclear material access authorizations for which a timely application for renewal has been made may be continued beyond the expiratig data pending final action on the application.
f & Q t h $ ^ % '~f )
(e)(1) Each application for special nuclear material access authorization, renewal or change in level must be accompanied by the licensee's remittance payable to the U.S. Nuclear Regulatory Comission according to the following schedule:
P '
o.
e9
[ (1) New-applieat4en, "W" $1,559 (2) New applicatien, "R" 15 (3) Renewal "W"-er-- "R" 15 (4) Ghangs-ef-level"R"-to"W"-ffull fee-sharged-enly-4f-an-invest 4 gat 4en is-required 11 ,550 (5) Genvert-existing-NRG-er-90E "Q" y er"Q(X)"-te-W -1,550 (5) Genvert-existing-NRG-er-90E "h" i er"h(X)"-te-W -1,550 (7) Genvert-existing-NRG-er-90E "Q", y "Q(X)"5- h"5-cr- h(X)"-te-R -15 I Full-fee-sharged-enly-4f-an-investigatien-4s-reqW4redy-4teTT-last investigat4en-is-mere-than-five-years-eld-er-dees-net-meet-nesessary invest 4gative-seepe.]
L NRC-U requiring full f teld investigation $1,580 ii. NRC-U based on certification of comparable full y field background investigation 0 1
iii. NRC-R renewal 15 1
iv. NRC-R 15 v_. NRC-R based on certification of comparable investigation 0,2 ,
I If full field. investigation is deemed necessary, a fee of $1580 will be assessed.
2 If National Agency Check investigation is deemed necessary, a fee of
$15.00 will be assessed; however, if a full field investigation is deemed to be necessary, a fee of 51580 will be assessed.
l
s 4
(2) Material access authorization fees will be published in [9eeember]
July of each year and will be applicable to each access authorization request received during the following calendar year. Applications from individuals hav'ing current Federal access authorizations may be processed expeditiously at
[less]no cost, since the Commission may accept the certification of access authorizationsandinvestigativedata[(wh4eh-4s-less-than-f4ve-years-eld)]
from other Federal Government agencies which grant personnel access ,
authorization.
[Nuelear-Regulatery-GemmissieR-(NRG)-er-Department-ef-Energy-(90E)"Q"-er "k"-aeeess-autherizatien-granted-to-an-NRG-er-90E-employee-er-a-9epartment-ef Dafense-f999) "Tep-Seeret"-(based-en-a-full-f4 eld-4avest4gatien)-er "Seeret"
. el e a ra n e e- g ra n te d-te -a -999- emp l oyee ,-will- pe rmi t- t h i s - empl oye e,-e n -e f fi e 4 a l business,-the-same-level-ef-uneseerted-aseess-te-spee4al-nuelear-material within-material-assess-areass-er-within-vital-areas,-er-protected-areas-that an-NRG "W"-er "R"-assess-auther4aation,-respeetively,-would-afferd-4n asserdanee-with-5-livil.]
(f) Any Federal employee, employee of a contractor of a Federal agency, licensee or other person visiting an affected facility for the purpose of conducting official business and who possesses an active NRC or DOE-Q access authorization or an equivalent Federal security clearance granted by another Federal agency (" Top Secret") based on a comparable full field background investigation may be permitted the same level of unescorted access that an NRC-U special nuclear material access authorization would afford in accordance
e with 6 11.11. Any Federal employee, employee of a contractor of a Federal ,
agency, licensee or other person visiting an affected facility for the purpose of conducting official business and who possesses an active NRC or 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 of unescorted access that an NRC R special nuclear material access authorization would afford in accordance with 6 11.11.
Dated at Bethesda, Maryland, this day of , 1985.
For the Nuclear Regulatory Commission.
William J. Dircks Executive Director for Operations.
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