ML20141F668

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Comments on 830301 Memo Re Draft Revs to 10CFR11.Draft Proposal Permitting Licensee Option of Following DOE Contractor Reinvestigation Program Encl
ML20141F668
Person / Time
Issue date: 03/29/1983
From: Dopp R
NRC OFFICE OF ADMINISTRATION (ADM)
To: Brown W
NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS)
Shared Package
ML20140E750 List:
References
FRN-50FR39076, RULE-PR-11 AB99-2-27, NUDOCS 8601090505
Download: ML20141F668 (3)


Text

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$8$.-g MEMORANDUM FOR: Willard B. Brown, Chief Fuel Facility Safeguards Licensing Branch [

Division of Safeguards, NMSS FROM: Richard A. Dopp, Chief Security Policy Branch Division of Security, ADM

SUBJECT:

DRAFT REVISIONS TO 10 CFR PART 11 We appreciate the opportunity to review your March 1,1983 memorandum, subject as above. In this regard, the following questions, comments and observations are submitted for your consideration.

[11.15(a)(2). Add the phrase "...and detennine the investigative basis and level of such clearance" at the end of the second sentence, af ter the word "... clearance."

511.15(c). Your March 1,1983 memorandum refers to a revision to this section pennitting a licensee the option of following DOE's contractor reinvestigation program in some manner. The draft section does not address this point.

Enclosed for your consideration is our draft approach to this issue. Roy Voegeli, ELD, concurs with this draft proposal.

Over the past several months, the " renewal" language has been significantly revised. As a result, we recommend that the current investigative "U" and "R" renewals be made clearer. policy regarding For example, is it SGFF's position to conduct "U" renewal investigations in all cases?

Also, do you foresee or prefer additional "R" renewal requirements (e.g., completion of application fonns) since our enclosed draft approach greatly limits the scope of the "R" renewal process? SEC may need to submit additional comments, depending on your position on these questions, especially as they relate to the forms requirements in this section. For example, if all "U" renewal applications result in the conduct of an investigation, an additional form requirement (i.e., " National Agency Check-Data for Nonsensitive or Noncritical-Sensitive Position" SF-85A) would be needed. On the other hand, if no "U" renewal investigation requirement is contemplated, the deletion of 8601000505 851223 PDR PR 11 50FR39076 PDR l

j) Willard B. Brown MAR 2 01983 two forms (i.e., " Authority to Release Information," NRC Fonn 259, and the fingerprint cards, FD-258) would be recommended.

511.15 (e). Revise item (1) to reflect $1,665 as the new cost for an NRC "U" based on an OPM full field investigation. Also show this revised cost in the footnote at the bottom of the page.

The increased cost, which results from an increase in OPM's charge for a full field background investigation, is the same as that being proposed for an NRC "Q" under 10 CFR Part 25.

Add an asterisk after "15.00" in item (3), as an "R" investigation could conceivably result in a full field investigation.

Change " December" to " July" in the last sentence of this section, and make the date of publication the effective date of the price change. This change is due to an adjustment By 0PM in their scheduling of cost changes.

Delete " . . .or "R" . . . " in i tem (4) . If no investigation for "R" renewal is contemplated, no fee should be assessed, unless you feel the fee could be justified.

511.15(f). SEC believes the term " contract agent" needs to be defined, preferably in 111.7. Additionally, SEC is unsure how the visits by " contract agents" will be handled, especially with regard to the verification / certification of their claimed access authorizations.

If you have any questions or further comments on these views, especially regarding 511.15(c), do not hesitate to contact me or Lawrence P. Himmelsbach of my staff on 427-4552.

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Richard A. Dopp, Chief Security Policy Branch Division of Security, ADM

Enclosure:

As stated cc: R. F. Burnett, SG R. J. Voegeli, ELD R. L. Fonner, ELD R. J. Brady, SEC

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'N ENCLOSURE (c)(1) NRC "U" and "R" special nuclear material access authorizations shall expire 5 years following the date of issue. If continued NRC "U" and "R" special nuclear material access authorization is required, an application for renewal shall be submitted at least 120 days prior to the expiration date.

Failure to make a timely application will result in the expiration of NRC "U" and "R" special nuclear material access authorizations. NRC "U" and "R" special nuclear material access authorizations for which a timely application for renewal has been niade may be continued beyond the expiration date pending final action on the application. An application for renewal of NRC "U" special nuclear material access authorization shall include the following:

(A) 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 nuclear material access authorization, justified by appropriate reference to the licensee's security plan.

(B) A Personnel Security Questionnaire, Part I and Part II, conpleted by the individual (NRC Form 1, Parts I and II).

(C) Two standard fingerprint cards with the individual's . fingerprints (FD-258).

(D) Authority to Release Infonnation (NRC Fonn 259).

(E) Other related forms where specified in. accompanying NRC instructions.,

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.

(2) When a licensee is also a Department of Energy (D0E) contractor, the licensee may at his or her option change the time for submitting a renewal application for NRC "U" special nuclear material access authorization to .

coincide with the submission of Part I of a DOE Personnel Security '

Questionnaire to DOE pursuant to the DOE Selective Reinvestigation Program.

Under this option, the licensee may submit to NRC, concurrent with its ,

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' submission to DOE, an originally signed and dated copy of Part I of a DOE

\ Personnel Security Questionnaire, together with Part II of a NRC Personnel w Security Questionnaire and the foms and information required by paragraphs -

,.. (c)(1)(A), (C), (D), and (E) above, as the supporting documentation for' a a renewal application. Use of this option will provide an alternative to having

. to prepare and submit at different times a separate Part I of the D0E.and NRC Personnel Security Questionnaire. In no case, however, shall a renewal application submitted under this option be submitted later than the' timb required by para 's expiration date),graph and any(c)(1)

NRC above (i.e.,nuclear "U" special at leastmaterial 120 days prior to the access authorization issued in response to a renewal application subm',tted under this option shall expire as provided in paragraph (c)(1) above (i.e., 5 years following the date of issue).

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