ML20207S748
| ML20207S748 | |
| Person / Time | |
|---|---|
| Issue date: | 06/13/1986 |
| From: | Chilk S NRC OFFICE OF THE SECRETARY (SECY) |
| To: | Stello V NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| Shared Package | |
| ML19310E127 | List:
|
| References | |
| FRN-51FR40438, RULE-PR-73 AC27-2-06, AC27-2-6, COMLZ-86-6, NUDOCS 8703200237 | |
| Download: ML20207S748 (6) | |
Text
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7 ACTION - Davis UNITED STATES CyS: St2llo NUCLEAR REGULATORY COMMISSION Roe g
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Sniezek Denton June 13, 1986 secassay gham COMLZ-86-6 Norry Philips MEMORANDUM FORT Victor Stello, Jr.
Executive Director for rations FROM:
Samuel J. Chilk, Secreth
SUBJECT:
INITIATION OF RULEMAKINF
)RK IN ANTICIPATION OF THE ENA MENT OF S.
- 274, THE NUCLEAR POWER PLANT SECURITY AND ANTI-TERRORISM ACT A majority of the Commission directs the staff to begin work on a proposed implementing rule that would implement S. 274 "The Nuclear Power Plant Security and Anti-Terrorism Act" as soon as possible after the date of enactment.
9/5/86)
MHINF (NMSS)
(SECY SUSPENSE:
Commissioner Asselstine did not participate in the vote, cc:
Chairman Palladino Commissioner Roberts Commissioner Asslestine Commissioner Bernthal Commissioner Zech OGC ELD
.y ltec'd Off. ED0 Date - G _/G 9 6 B703200237 870613 t
o-j PDR PR pmp 73 51FR40438 PDR ENCLOSURE 1
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EVALUATION OF RULEMAKING TITLE:
REQUIREMENTS FOR CRIMINAL HISTORY CHECKS OF INDIVIDUALS WITH UNESCORTED ACCESS TO NUCLEAR POWER REACTORS.
1.
The issues to be addressed.
Legislation pending in Congress, entitled, "The Nuclear Power Plant Security and Anti-Terrorism Act of 1985" (S.274/H.R. 3330) requires the NRC to issue regulations for the control and use of FBI criminal history data resulting from fingerprinting checks of power plant employees. Access to this data is granted by the legislation. The legislation states that the Commission must issue regulations to (1)
' implement procedures for the taking of fingerprints,'(2) establish conditions for the use of the criminal history data.to include limits on dissemination and assurance that the information is used solely for its intended purpose, and (3) provide individuals subject to fingerprinting the right to. complete and correct information contained in their criminal history records prior to any final adverse action.
2.
The necessity and urgency of addressing this issue.
S.274 passed the Senate in 1985.
It is anticipated that the companion House bill, H.R. 3330 will pass in 1986. Licensees cannot have access to the FBI criminal history data provided by the legislation until NRC has established regulations for the control and use of the data.
3.
Alternatives to rulemaking.
Rulemaking is required by the proposed legislation. No alternatives to rulemaking are available.
4.
How issue is handled by rulemaking.
The proposed rulemaking parallels the provisions of the proposed legislation which outline the issues requiring NRC regulation.
ENCLOSURE 2
,,,, s 5.
Impact to the public, industry, and NRC.
The public will be better served because a complete, nationwide criminal history check of individuals with unescorted access to power reactors will be conducted.
Such action would better assure that
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individuals with criminal histories impacting upon their reliability and trustworthiness are not permitted unescorted access to sensitive areas of the plant.
Industry burden will be reduced by this leg'islation and associated regulation because enactment will permit access to the nationwide criminal history data maintained by the FBI.
Licensees presently conduct criminal history checks through such limited resources as local court records. This is manpower intensive and costly. Anticipated cost of the FBI criminal history check is
$15/ check. Licensees will be required to submit revisions to their physical security plans documenting how they will comply with the provisions of the regulation.
Impact on the NRC is in the area of review of licensee security plan amendments and is expected to be minimal.
6.
Schedule Proposed Rule for Division Review 6/30/86
' Office Concurrence on Proposed Rule Completed 7/30/86 Proposed Rule Package to ED0/CRGR 8/00/86 Proposed Rule Published TBD Final Rule Published (Final Action)
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I TITLE:
REQUIREMENTS FOR CRIMINAL HISTORY CHECKS OF INDIVIDUALS WITH UNESCORTED ACCESS TO NUCLEAR POWER REACTORS.
CFR CITATION:
10 CFR 73 ABSTRACT:
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Legislation pending in Congress, entitled, "The Nuclear Power Plant Security and Anti-Terrorism Act of 1985" (S.274/H.R. 3330) requires the NRC to issue regulations for the control and use of FBI criminal history data resulting from fingerprinting checks of power plant.
employees. Access to this data is granted by the legislation. The legislation states that the Commission must issue regulations to (1) implement procedures for the taking of fingerprints, (2) establish conditions for the use of the criminal history data to include limits on dissemination and assurance that the information is used solely for its intended purpose, and (3) provide _ individuals subject to fingerprinting the right to complete and correct information contained in their criminal history records prior to any final adverse action.
S.274 passed the Senate in 1985.
It is anticipated that the companion House bill, H.R. 3330 will pass in 1986.
Licensees can not have access to the FBI criminal history data provided by the legislation until NRC has established regulations for the control and use of the data.
The proposed rulemaking parallels the provisions of the proposed legislation which outlines the issues requiring NRC regulation. Since rulemaking is required by the proposed legislation, no alternatives to rulemaking are available.
The public will be better served because a complete, nationwide criminal history check of individuals with unescorted access to power reactors will be conducted. Such action would better assure that individuals with criminal histories impacting upon their reliability and trustworthiness are not permitted unescorted access to sensitive areas of the plant.
Industry burden will be reduced by this legislation and associated regulation because enactment will permit access to the nationwide criminal history data maintained by the FBI.
Licensees presently conduct criminal history checks through such limited resources as local court records. This is manpower intensive and costly. Anticipated cost of the FBI criminal history check is SI5/ check.
Licensees will be required to submit revisions to their physical security plans documenting how they will comply with the provisions of the regulation.
Impact on the NRC is in the area of review of licensee security plan amencments and is expected to be minimal.
ENCLOSURE 3
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TIMETABLE:
6/30/86 Proposed Rule for Division Review 7/30/86 Office Concurrence on Proposed Rule Completed 8/00/86 Proposed Rule Package to ED0/CRGR TBD Proposed Rule Published T[Q Final Rule Published (Final Action)
LEGAL AUTHORITY:
42 U.S.C. 2201 (1), 42 U.S.C. 5841 EFFECTS ON SMALL BUSINESS AND OTHER ENTITIES: No AGENCY CONTACT:
Kristina Z. Jamgochian Office of Nuclear Material Safety & Safeguards Washington, D.C.
20555 (301) 427-4754 4
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NMSS TASK SUM 4ARY' SHEET A-cg/17/86.
s Purpose. of Submission X
New Task Revisid Task Da te:
Task
Title:
Requirements for Criminal History Checks of Individuals with Task #: T56 %C3 Unescorted Access to iluclear Power Plants (10 CFR 73.57).
Task
Description:
This task is being perfomed in order to implement PPSAS #:
regulations for the control and use of criminal history data received from the Federal Bureau of Investigation (FBI). This action is required under the pendi.ng iluclear Power Plant Security and Anti-Terrorism Act of 19d5, S.274/H.R. 3330, which would mandate FBI criminal history checks of individuals granted unescorted access to nuclear power plants or access to Safeguards Information by power reactor licensees.
Project Manager:
Kris Jamgochian, NMSS, 747&4 (Name/0ffice Symbol / Phone)
Product (s ):
Rulemaking package to add a new 10-CFR-73.57.
Other Oraanization Inputs Required:
ilone Concurrences Required: OGC,ilRR, IE, ADM Schedule:
Milestones Dates Submitted Rulemaking Review Package to EDC*
\\7/86 Receive EDO Approval of Rulemaking Rev. Package *
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Proposed Rule to NMSS Director
- 7/ 6 Proposed Rule to EDO*
9/86 Publish Proposed Rule
- 10/86 Final Rule to NMSS Director
- 2/06 Final Rule to EDO*
1/67 Publish Final Rule
- 2/d7
(*See attached memo dated 7/27/86) f. Task by-FY)
(Provide for duration;o Resource Implications:
Required Resources: FY86: 0.2 SY,
- $K; FY8-7: 0 2 SY,-
- $K; FY8 :
SY,
$K Budgeted Resources: FY8[:
U SY, V$K;FY8[:
u Sy, u $K; FY8]:
SY,
$K Source (s FY 06,.1) of Unbudaeted Resources (If Necessary):
(ieneric Issues FY 87, 2-Generic Issues d Formulate Rule.Rev.is,icas
.4 Impact (s) of Reprograming If Necessary): All existing rascurces for formulating rule hvislohts) Dasea upon evalu(ation results for remaining two months of FYS6 will be usec.
Two minor generic issucs will be delayed in FYb7.
This task aroduces no imoact on the cxe utive Version of tt e OPLAH.
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Coordination:
Mhew MkN h kh A
FCf/yg SG' WM y3gg p)SB Approval :
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Division Director f// /
NMSS Director Date: AUG g i 1996 Date:
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