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g +g NUCLEAR REGULATORY COMMISSION WASHINGTON, D. C. 20555
%,,.....J MAY 2 01983 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 Reference is made to your April 6,1983 memorandum to me, subject as above.
The following questions, comments and observations are submitted for your consideration.
11.15(c) Our March 29, 1983 memorandum posed the question as to whether or not "U" renewal applications will be automatically subject
( to investigation. We feel this question is of critical importance requiring an NMSS policy detennination. Some of the possible implications of this question are noted on our March 29th response. In addition, SEC seeks this interpretation to ensure that the renewal' process is promulgated in accordance with NMSS procedural intent and, as such, pursues a policy con-sistent with conclusions reached by NMSS during the historical development of this new program.
SEC is of the position that the basic requirements of the renewal program be listed in the first section (see Enclosure),
with the " exceptions" listed afterwards. This continues the style _and fonnat used throughout the rule. Additionally, we have reincluded the specific requirement that "R's" expire after 5 year::, consistent with our March 29, 198.3 proposal.
Finally, under our draft proposed 511.15 (c)(2) we have in-cluded additional specificity with regard to tne licensee's COE clearance status as opposed to any DOE contractor status, inasmuch as a licensee's "Q" clearance with DOE is the factor which dete...iines eligibility for an exception.
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Willard B. Brown (
11.15(e) As relayed in our March 29th memorandum, the first sentence on page 5 of your current draft working paper should read as fol1ows :
' " Material access authorization fees will be published in July ,)
of each year and will be applicable to each material access (,'/
l authorization request received upon or after the date of publication."
If you have any questions or comments regarding these views, please contact me or Lawrence P. Himmelsbach of my staff on x74552.
ILeaulA.
Richard A. Dopp, C i f 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 f
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ENCLOSURE 911.15 (c) (1) Except as provided in 511.15(c)(2) below, NRC "U" and "R" special nuclear material access authorization 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 autho-rization. NRC "U" and "R" 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 re-newal of NRC "U" special nuclear material access autho-ization 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, completed 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 Information (NRC Fom 259).
- , r r (E) Other related fonns 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.
11.15 (c) (2) An exception to the NRC "U" special nuclear material access authorization expiration date and the time for submission of NRC "U" special nuclear material access authorization renewal applications, is provided for those individuals who have a current and active DOE "Q" access authorization and who are subjec. to DOE Selective Reinvestigation Program requirements. For these indivi-duals, the time for submission of NRC "U" special nuclear material access author-ization renewal applications may coincide with the time for submission of Part I of a DOE Personnel Security Questionnaire to DOE pursuant to DOE Selective Rein-
.vestigation Program requirements. The licensee may submit to NRC, concurrent with its submission to DOE, an originally signed and dated copy of Part I of the indivi-duals' DOE Personnel Security Questionnaire, together with Part II of an NRC Per-sonnel Security Questionnaire and the foms and information required by paragraphs (c) (1) (A), (C), (D) and (E) above, as the supporting documentation for an NRC "U" special nuclear material access authorization renewal application. Any NRC I
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"U" special nuclear material access authorization issued in response to a renewal application submitted pursuant to this paragraph (c)(2) shall not expire until the date set by DOE for the next reinvestigation of the individual pursuant to DOE's Selective Reinvestigation Program (generally every 5 years). At that time (and at tne time of each subsequent reinvestigation of the individual), the licen-see may again submit, concurrent with its submission to DOE, an originally signed and dated copy of Part I of the individual's DOE Personnel Security Questionnaire, together with Part II of an NRC Personnel Security Questionnaire and the forms and information required by paragraph (c)(1)(A), (C), (D), and (E) above, as the sup-porting documentation for the renewal application. Failure 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 Reinvestiga-tion Program requirements will result in the expiration of the individual's NRC special nuclear material access authorization. NRC "U" special nuclear material access authorizations for which a timely application for renewal has been made may be continued beyond the expiration date pending final action on the application.
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