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~ *g . . . . . ,p NOTE TO: Russell R. Rentschler, Chief Physical Security Licensing Section Fuel Facility Safeguards Licensing Branch Division of Safeguards Office of Nuclear Material Safety and Safeguards FROM: James J. Dunleavy, Chief Operations .Section Personnel Security Branch Division of Security Office of Administration
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SUBJECT:
REVISION OF 10 CFR PART 11 Reference is made to our 10 CFR Part 11 rule drafting meeting of August 13, 1982, which was also attended by a representative of ELD.
This confims my August 27, 1982 telephone call to you following up on the status of your deliberations / coordination within NMSS on a number of policy related decisions yet to be made by NMSS in order to revise various provisions of Part 11, including:
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- allowing an individual with an NRC "L" or "R" or DOE "L" to assume an NRC "U" position while undergoing NRC "U" processing;
- to what extent 10 CFR Part 11.13 (transportation requirements) is to be revised;
. scope and timing of renewal provision in 10 CFR Part 11.15(c); and
- acceptance of a full field investigation of lesser scope than an OPM full field investigation as the basis for an NRC "U" (e.g., DoD IBI).
When these issues are resolved, specific revisions can be drafted up.
This also confims my understanding that you envision SEC's role at the upcoming September 8,1982 meeting with representatives of the nuclear materials management group to be one of discussing in a very infomal manner the Part 11 revisions /
issues under review, preliminary as they are.
Please advise when you wish to discuss Part 11 revision further.
/ O~~ k&w James J. Dunleavy, Chief Operations Section
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8601090439 PDR PR 851223 Division of Security 11 50FR39076 PDR Office of Administration s
UNITED STATES MtTg#o g NUCLEAR REGULATORY COMMisslON wASwisoTon, n. c. 2osss S j -
SEP 0 21982 NOTE T0: Russell R. Rentschler, Chief Physical Security Licensing Section Fuel Facility Safeguards Licensing Branch Division of Safeguards Office of Nuclear Material Safety and Safeguards FROM: James J. Dunleavy, Chief Operations Section Personnel Security Branch
- Division of Security Office of Administration
SUBJECT:
REVISION OF 10 CFR PART 11 R
c,4.gwrs Reference is made to our 10 CFR Part 11 rule drafting meeting of August 13, 1982, which was also attended by a representative of ELD.
This confinns my August 27, 1982 telephone call to you following up on the status of your deliberations / coordination within NMSS on a number of policy related decisions yet to be made by NMSS in order to revise various provisions of Part 11.
,( 1.C.luding:
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~ N#g)- allowing an individual with an NRC "L" or "R" or DOE "L" to assume an NRC "U" f position while undergoing NRC "U" processing; icvese-AS Duc to what extent 10 CFR Part 11.13 (transportation requirements) is to be revised; E[), - scope and timing of renewal provision in 10 CFR Part 11.15(c); and c osams new
- N6 acceptance of a full field investigation of lesser scope than an OPM full field No.f***40 vestigation as the basis for an NRC "U" (e.g., DoD IBI).
Ce cWh"*41 s t rest /8*'* en these issues are resolved, specific revisions can be drafted up.
This also confinns my understanding that you envision SEC's role at the upcoming D# September 8,1982 meeting with representatives of the nuclear materials management group to be one of discussing in a very infonnal manner the Part 11 revisions /
issues under review, preliminary as they are.
Please advise when you wish to discuss Part 11 revision further.
cm d&w James J. Dunleavy, Chief Operations Section l Personnel Security Branch Division of Security .
Office of Administration
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511.7(c) Add nom ly conducted or alternatively, delete OPM [7
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(. 511.11(b) No in4rvidual may be permitted to work at any, job detemined tuy y uee n, by the Commissic to fall within the criterion of paragraph (a)(1) of ic.~ e me r ~
this section wi hout an NRC-U special nuclear material access authori- /wm4 iv Jir owJ ' zatio@ind vidual may be pemitted unescorted access to any protecte4 / rw.sreser' area at any s te subject to this part without either an NRC-U or NRC-R / r* %uess, special nucl ar material access authorization. An exception is provided for any ind vidual lin possession of an NRC-L or R access authorization at. a.Q
\ equivalenJ .but not yet in receipt of the NRC-U, provided that a complete 7 isa re: 4,8
.\ application was submitted for that employee in accordance with 511.15 ## and J P *%
the aoolication has not been disapproved. rw orm.?",o#
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- 511.13 Special requirements for transportation. egu ,N "g*g (a) No individual shall transport, arrange for transport, drive mofor 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 5573.20, 73.25, 73.26, or 73.27 of this chapter without NRC-U special nuclear material access auhtorization. Exceptions are provided for (i) any individual employed on the effective date of these amendments and not yet in receipt of an approved access authorization from the Commission, provided that a complete application was submitted for that employee in accordance with 511.25(b) and the application has not been disapproved; (ii) any individual (in possession of an NRC-L or R access authorization or equivalent) but not yet in receipt of the NRC-U, provided that a com-( .plete application was submitted for that employee in accordance with 11.15 and the application has not been disapproved.
(b) Licensees who after 365 days following Commission approval of the amended security plan submitted in accordance with 511.11(a) transport or who deliver to a corrier for transport special nuclear material subject to the physical protection requirements of 5573.20, 73.25, 73.26, 73.27 of this chapter shall confim and record prior to shipment the name and special nuclear material access authorization numberof all individuals identified in paragraph (a) of this section assigned to the shipment.
Exceptions to the requirement to confim and record the SSNM, access auth-orization number are provided for (i) any individual employed on the effective date of these amendments and not yet in receipt of an approved access authorization from the Commission, provided that a complete appli-cation was submitted for that employee in accordance with 511.13(c) and the application has not been disapproved; (ii) any individual (in posses-sion of an NRC-L or R access authorization or equivalent) but not yet in receipt of the NRC-U, provided that a complete application was submitted for that employee in accordance with 511.15 and the application has not been disapproved. ,
511.15(a) (2 )Renunber 4.aw.ws .wa use secma ute-u me k w t " " ! * * * " ' "
to w511.15(a)(1) 511.15(a)c P= Individuals in possession of an active federal access authori-zation based on an equivalent background investigation who obh to =q=t f N9C " m- D w~e w&L;;.:en shall submit NRC Fom " Material Access t
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Authorizat[on Acknowledgment" and j"ggrm 237 " Request for Access Authori-zation." 7.2 Od . :d A may " __-. -.a request the federal agency administering the access authorization to certify,sub to the NRC.a4-ee
- dJ. w 3 .u. d^"e. $ , rf ,,, m cs 511.15(b) same 511.15(b) (1)(2)(3) same 511.15(b) (4) Haterial Access Authorization Acknowledgment Fom j ** 511.15(b)(5)(6) same
%g;di 511.15(c) Renewal of NRC-U or R gccess authorizations shall not be required 6 j jai -
at intervals of less than 5 years 1$43the date of issue of the authoriza-tions unless earlier renewal is warrantec' on the basis of special circum-I stances. When renewal is determined to oe necessary, the licensee shall gf ,' p apply on behalf of the affected individual, j $
! The application for renewal will consist of the following:
, (1) A Personnel Security Questionnaire, completed by the applicant.
Two standard fingerprint cards with the individual's fingerprints.
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F Authority to release infomation.
p /p- Other related foms where specified.
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same e[ /d 511.15(d)same 511.15(e) Each application for special nuclear material access authort-8 p. zation, renewal, or change in level shall be accompanied by the licensee's
- g. 7 remittance payable to the U.S. Nuclear Regulatory Commission according to g1
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/ . NRC "U" requiring full field investigation $1,550.00 based on Certification of Comparable Full Field N' NRC "U" background investigation $15.00
- NRC "R"kterial access authorization fees will be pub-lished in December of each year and will be applicable to each access authorization request received during the following calendar year. $1,550.00
- If full field background investigation is deemed necessary Sh( d ***U 4 t L t,. be A %QM d .
511.15(f)(1) Federal employees possessing an active NRC or DOE "Q" access authorization (security clearance) or an equivalent access authorization based on a full field background investigation or federal employees possessing an active NRC or DOE "L" access authorization or its equivalent based on a comparable National Agency Check will be pemitted,on official business, the same level of unescorted access to special nuclear material within material
( access areas, or within vital area, or protected areas that an NRC "U" or "R" access authorization would afford in accordance with 511.11.
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511.15(f)(2) Any other individual possessing an active NRC or DOE "Q" access authorization or an equivalent federal access authorization based on a com-parable full field background investigation or possessing an active NRC or DOE "L" access authorization or an equivalent access authorization based on a background investigation comparable to a National Agency Check may be granted an NRC "U" or "R" access authorization, or appropriate, if certified in accordance with paragraph (a)(2) of this section.
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'i September 20, 1982 Mr. Bob Sorenson Chairman, Safeguards Committee Battelle Pacific Northwest Laboratories P.O. Box 999 Richland, WA 99352
Dear Bob:
I have enclosed a copy of a report of the subcommittee on Category I material. This report details the events and meeting between INMM/NRC/ Industry concerning the 10 CFR Part 11 rule. Concerns of Industry related primarily to compatibility of clearances between NRC-DOE-DOD and clearances required for those persons who have access to special nuclear materials.
Julia M. Smith of the safeguards committee contacted me and wants to participate on this Category I subcommittee. I informed her of the meeting in Washington, DC and she plans to participate in future meetings.
Sincerely, Leon hapm tU Chairman, Ca ory ]I Material Sub mmittee LDC:je cc: Gary Molen, E.I. duPont de Nemours John L. Jaech, Exxon Nuclear Co., Inc.
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y REPORT OF THE SUBCOMMITTEE ON CATEGORY I MATERIAL
_At the Institute of Nuclear Materials Management ~(INMM)
Safeguards Subcommittee meeting in Washington in July, 1982, the Category I subcommittee was formed to consider the Nuclear Regulatory Commission's (NRC) 10 CFR Part 11 rule (clearances) and the Category I rule. I agreed ~to form the subcommittee and hold the first meeting to discuss the NRC clearance program as soon as possible.
Contacts were made with Bud Evans and Russ Rentschler from the NRC Fuel Facility Safeguards Licensing Branch in the Division of Safeguards, Office of Nuclear Materials Safety and Safeguards (NMSS). Rentschler provided me with names and phone numbers of people at seven (7) nuclear facilities and three (3) i transportation firms that are affected by the 10 CFR Part 11 rule. A list of these people appears in Attachment 1.
Contact was made with each of these people and a meeting was scheduled between INMM/NRC/ Industry to discuss potential problems with the concerns of implementing 10 CPR Part 11 which deals with clearances of personnel having access to special nuclear material (SNM). A letter (Attachment 2) was sent to each person setting the time, date and location of the meeting.
'The INMM/NRC/ Industry meeting was held at NRC on 8 September. Seven industry representatives attended the meeting and several NRC personnel were present. (See 1
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Attachment 3). Industry concerns related to the 10 CPR Part 11 rule primarily dealt with compatibility of clearances, NRC-DOE-DOD, and specific requirements for personnel clearances for_those persons who have access to SNM at facilities and
'in-transit. The current rule was explained by NRC and Industry representatives made several pertinent comments.
Bud Evans of NRC seemed very pleased to obtain clarifying comments and feedback from Industry regarding the implementation problems associated with 10 CFR Part 11.
Industry representatives were very happy to provide operational experience and input regarding the Part 11 implementation as it pertains to their operations.
Leon D. Chapman Chairman, Category I Material Subcommittee i
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Attachment 1 Facilities In-Transit -
Robert B. Gustafson Jack Edlow or Andrew Shaw Corporate Security Director Norman Ravenscroft United Nuclear Corporation Edlow International Co.
- 67. Sandy Desert Rd. 1100 17th Street NW.
Uncasville, CT 06382 Suite 404 (203)848-1511 x401 FTS 645-3711 Washington, DC 20036 (202)883-8237 Richard W. Loving Manager of Security John Man Gusi Babcock & Wilcox~
General Motor of Operation Naval Nuclear Fuel Division Transnuclear P . O.. Box 785 1 North Broadway Lynchburg, VA 24505 White Plains, NY 10601
.(804)385-2000 x-5049 FTS 937-6011 (914)761-4060 Milt McBride Earl Rutenkroger Technical Services / Nuclear Specialist Administrative Manager Tri State Motor Transit Co.
Fort St. Vrain P. O. Box 113 16805 Weld County Rd 19-1/2 Joplin, MO 64801 Platteville, CO 80651 (417)642-3131 x272 (303)785-2223 Charles J. Michel Administrative Manager Nuclear Fuel. Service, Inc.
Caroline Ave.
Erwin, TN. 37650 (615)743-9141 x157 or 180 William R. Mowry General' Atomic Corporation P..O. Box 81608 San Diego, CA 92138 (714)455-2823 M. E. Remley Rockwell International Energy Systems Group, MS-NB13 8900 DeSoto Street Canoga Park, CA 91304 (213)700-4439.
W. J. Shelly Vice President-Nuclear Licensing & Regulations Kerr McGee Corporation Oklahoma City, OK 73125
- (405)270-1313 FTS 736-4011
7, f Attachment 2 Augus't 17, 1982
Dear :
The category I Subcommittee of the Institute of Nuclear Materials Managements'(INMM) Safeguards Committee is conducting a one-day meeting regarding the advance notice of the Nuclear Regulatory Commission's (NRC) rule making dealing with Part 11 (clearances).
The purpose of the meeting will be to provide a forum for understanding the intent of the new Part 11 rule and for NRC to
. receive informal comments from those affected. In other words, it will allow the NRC a chance to more fully explain the rationale and
-objectives of the new changes. Those licensees affected will be able to informall'y provide input regarding any areas of concern with the implementation of Part 11.
As previously discussed by telephone, a meeting has been scheduled to be held in Washington, DC. The meeting schedule has been changed to Wednesday, September 8, 1982 at 9:00 am. The time and location are as follows:
Nuclear Regulatory Commission Wednesday, September 8_ Willste Building 7915 Eastern Avenue 9:00 am Silver Spring, MD 20910 (8th Floor Conference Room)
The NRC has precluded any distribution of the proposed Part 11 prior to the meeting in September. We will be given a draft copy during the meeting for review purposes which will ultimately be retained by NRC.
Our contacts at NRC will tHe Bud Evans and Russ Rentschler from the Fuel-Facility Safeguards Licensing Branch. I have attached a copy of a list of potential attendees for this meeting. Almost everyono was interested in attending if the budget constraints could be solved.
1 Please call me if you cannot attend or be represented at this meeting. My address and phone number are as follows:
L. D. Chapman, Ph.D.
Division 9416
,, .Sandia National Laboratories P. O. Box 5800 Albuquerque, NM 87185 (505) 844-9158 If you have any questions, please call.
Sincerely, Leon.D. Chapman, Ph.D.
Systems Analysis and Technology Applications Division 9416 LDC:je Attachment cc: Mr. Gary F. Molen, E.I. duPont de Nemours & Co.
John L. Jaech, Exxon Nuclear Company, Inc.
Robert J. Sorenson, Pacific Northwest Laboratory Bud Evans, NRC Russ Rentschler, NRC
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Attachment 3 INMM/NRC/ Industry 10 CPR Part 11 Meeting 8 September 1982 Leon D. Chapman Sandia National Laboratoaries John ManGusi Transnuclear Charles Michel Nuclear Fuel Service, Inc.
Walter Burch Tri State Motor Transit Co.
Richard Loving Babcock & Wilcox, Lynchburg J. A. Evans Babcock & Wilcox, Lynchburg Andrew Shaw Edlow International Co.
Robert Gustafson Edlow Internatic.nal Co.
Bud Evans NRC Russ Rentschler NRC James Dunleavy NRC Martin King NRC Charles Nulsen NRC
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