ML20141F578
Text
fa h[8 cA e , ,; .
DISTRIBUTION: N SGFF r/f s/f CRON0 .
PSL r/f RRentschl er 0FSmith jmy 00 W MEMORANDUM FOR: R. J. Brady, Director Division of Security. ADM FROM: L. J. Evans, Jr., Chief Fuel Facility Safeguards Licensing Branch Division of Safeguards, letSS
SUBJECT:
DRAFT REVISIONS TO 10 CFR PART 11 Attached are our proposed revisions to 10 CFR Part 11. We have attempted to incorporate most of the ideas and concerns expressed on this subject ut the recent meeting of the ItciM Subcomittee, as well as tiose of related discussions between our staffs over the past several weeks. He would appreciate your review and cements. During your review, please focus particular attention on the following unresolved concerns expressed by the IfuN Subcomittee:
(a ) As currently written, 511.15(a)(2) permits licensees to request from other federal agencies certification to the NRC of existing equivalent security clearances granted to their employees by such agencies. This provision does not allow requests e.nd/or certifications of current access authorization under 10 CFR Part 25 granted to licensee employees by the liRC. Accordingly, licensee employees in this latter catecory muld have to file complete applications in accordance with 511.15(b).
(b) The provisions of 5511.11(b) and 11.13(a) could result in the removal of certain licensee employees from positions in which they have wrked for considerable periods. This is possible when such positions are categorized as NRC "U" and the employees' applications to upgrade to that level are disapproved based on unfavorable infomation gathered during the investigations.
0601090444 051223 PDR PR 11 50FR39076 PDR auy .................. .................... ..................... ..................... ..................... . . . . . . . . . . . . . . . . . . . . ...................
.k
Draft Working Paper 511.7(c) "NRC 'U' special nuclear matert:1 access authorization" means an administrative determination based upon a national agency check and a full-field background investigation, nonnally conducted by the Office of Personnel Management, that an individual in the course of employment is eligible to work at a job falling within the criteria of 511.11(a)(11 or $11.13.
511.11(b) No individual may be permitted to work at any job determined by the Commission 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. An exception is provided for any individual in possession of an NRC-L or R access authoirization or an equivalent active federal security clearance as reficcted in Section 11.15(f) of this part, 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.
511.13 Special Requirements for Transportation (a) No individual shall transport, drive motor vehicles in road shipments of special nuclear material, pilot aircraft in air shipments of special nuclear material, act as a monitor at transfer points, escort road, rail, sea, or air shipments of special nuclear material subject to the appropriate physical protection requirenents of 5573.20, 73.25, 73.26, or 73.27 of this chapter or be authorized to adjust such transport without NRC-U special nuclear material acces authorization. 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 thet a complete application was submitted for that employee in accordance with $11.15(b) and the application has not been disapproved; (ii) 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, provided that a complete application was submitted for that employee in accordance with 111.15 and the application has not been disapproved.
(b) Licensees who af ter 365 days following Commission approval of the amended (securutiy plan submitted in accordance with 11.11(a) transport or who deliver to a courier for transport special nuclear material subject to the physical protection requirements of5573.20, 73.25, 73.26, 73.27 of this chapter shall confirm and record prior to shipment the name and special nucicar material access authorization number of all individuals identified in paragraph (a) of this section assigned to the shipment. Exceptions to the requirement to confirm and record the SSNM access authorization number are provided for (i) any individual employed on the effective date of these amendments and not yet in rec'eipt of an approved access authorization from the Commission, provided that a complete application was submitted for that employee in accordance with $11.13(a) and the application has not been disapproved; (ii) 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, provided that a complete application was submitted for that employee in accordance with 511.15 and the application has not been disapproved.
l
'c .,
2-511.15(a)1) Application for special nuclear material access authorization, renewal, or change in level shall be filed by the licensee on b2 half of the applicant with the Director, Division of Secuirty, U.S. Nuclear Regulatory Co . mission, Washington, D.C. 20555.* Appl fcations for affected individuals em)loyed on the effective date of these amendments shall be submitted within 60 days of notification to the licensee of Commission epproval of the amended security plan.
511.15(a)(2) Licensees who wish to secure NRC-U or NRC-R access authorizations for individuals in possession of an active federal security clearance based on an equivalent investigation shall submit NRC Form , " Material Access s Authorization Acknowledgement" and NRC Form 237, " Request for Access Authort-zation." The NRC will process such requests by contacting the federal agency and requesting certification of the security clearance. Licensees may directly request the federal agency administering the security clearance to certify to the NRC that it has on file an active security clearance for such an individual .
611.15(b) Applications for special neulear material access authorization for individuals other than those qualifying under the provisions of 511.15(a)(2) above, shall be made on forms supplied by the Commission including: ,
) (1) A Personal Security Questionnaire (PSQ) completed by the individual'. '
(2) Two standard fingerprint cards with the individual's fingerprints (fingerprints may be taken by a local police authority).
(3) Authority to release information.
(4) Material' access authorization acknowledgement form.
(5) Other related forms where specified in accompanying NRC instructions.
(6) A statement by the'enployer, 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. -
t . ,
i 511.15(c) Normally, renewal applications for NRC-U or R access authorizations will not be requested or processed at less than five year' intervals. Under exceptional circumstances (as detemined by the NRC to be .iustifiable reasons)
. requests may be required without respect to time intervals.
1 Process times for special nuclear material access authorizations can be expected to be abcut 190 days for NRC-U and 130 days for NRC-R.
j r The application for renewal will consist of the following:
(1) A Personal Security Questionnaire, completed by the applicants.
(2) Two standard fingerprint cards with the individual's fingerprints.
(3) Authority to release information.
(4) Other related forms where specified.
(5) A statement by the employer or contractor that at the time of application for renewal the individual's assigned or assumed job requires the level of special nuclear material access authorization which he or she holds, justified by appropriate reference to the licensee's security plan.
11.15(e) Each application for special nuclear material access authorization, renewal or change in level shall be accomplished by the licensee's remittance payable to the U.S. Nuclear Regulatory Commission according to the following schedule:
3 (1) New NRC "U" requiring full field i nv e s ti g a.ti o n . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1,5 50.00 (2) New NRC "U" based on Certification of Comparable Full F iel d background investigation . . . . . . . . . . . . . . . . . . 15.00 (3) New NRC "R" ......................................... 15.00 (4) Renewal NRC "U" or "R" (When no investigation required) ........................................... 15.00 Material access authorization fees will be published in December of each year and will be applicable to each access authorization request received during the following calendar year.
l 11.15(f) Any individual possessing an active NRC or DOE "Q" access authorization or an equivalent federal security clearance (" Top Secret") based on a comparable full field background investigation may be permitted, on official business, the same level of unescorted access to special nuclear material that an NRC "U access authorization would afford in accordance with 511.11. Any individual possessing an active NRC or DOE "L" access authorization or an equivalent federal security clearance (" Secret") based on a background investigation or national agency check may be permitted, on official business, the same level of unescorted access to special nuclear material that an NRC "L" access authorization would afford in accordance with 511.11.
L
+
a j' .. .,
/
.r e. s .
- g. g. g R. J. Brady Director - 2-We are arranging a meeting with DOE representatives in an effort to get them on board with our proposed changes. We will coordinate those arrangements with you as we would appreciate your participation in that meeting. 4 L. J. Evans, Jr., Chief Fuel Facility Safeguards
- Licensing Branch Division of Safeguards, NMSS
' Attach:nent:
As stated ,
f! 6.' 4 dcw;[ ,
L
/
4 8'
- x, i} t r ,1 1
0 omer > SGF
........ .. .... . F. .F. . . . . .. .. .. .. . S. G. .F. F. . . .,.7. .
Sumwe) 0.F. .S.m. . i..a.h. . . ...R.R.
. .e. . . c. .n. .l.e..BJ.Dube.#~4
.r. . . . . ... L. .J. .Ej.
. . . . . . .,. . .J. .r...................... .................... ..................
NE D
- 1. (/.f../. 8........ l'.l./.8. 2. . ... .. . 1. . .&.[. .'7./.82. .. 11. . . ./.. ... .. ./. 8. 2. .......................
-m_ m mumm m mo ___