ML20207T044
| ML20207T044 | |
| Person / Time | |
|---|---|
| Issue date: | 09/10/1986 |
| From: | Ross D NRC OFFICE OF NUCLEAR REGULATORY RESEARCH (RES) |
| To: | Stello V NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| Shared Package | |
| ML19310E127 | List:
|
| References | |
| FRN-51FR40438, RULE-PR-73 AC27-2-15, NUDOCS 8703230107 | |
| Download: ML20207T044 (7) | |
Text
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[ g NUCLEAR REGULATORY COMMISSION j WASHINGTON, 0. C. 20555
\..../ SEP 101996 MEMORANDUM FOR: Victor Stello, Jr.
Executive Director for Operations FROM: Denwood F. Ross, Jr., Acting Director Office of NJclear Regulatory Research
SUBJECT:
CONTROL OF NRC RULEMAKING: RES INDEPENDENT REVIEW 0F NEW PROPOSED RULEMAKING, " REQUIREMENTS FOR CRIMINAL HISTORY CHECKS OF INDIVIDUALS WITH UNESCORTED ACCESS TO NUCLEAR POWER PLANTS" (10 CFR Part 73)
Based on our independent review of the subject rulemaking sponsored by NMSS, RES agrees with the recomendation of the Director, NMSS, that this ,rulemaking be initiated.
Legislation recently passed by Congress, entitled, "The Nuclear Power Plant Security and Anti-Terrorism Act of 1985" (S.274/HR 3330), requires the NRC to issue regulations for the control and use of FBI criminal history data resulting from fingerprinting checks of p'ower plant employees. Access to these data is granted by the legislation. The legislation states that the Comission must issue regulations to (1) implement procedures for the taking of fingerprints, (2) establish conditions for the use of the criminal history data
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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. .
The basis for our recommendation is as follows:
o The rulemaking is mandated by Congress.
I o The public will benefit from this rulemaking because a more comprehensive, L nationwide criminal history check of individuals with unescorted access will be conducted instead of the limited checks largely done through use of local court records.
- o Although the total industry implementation cost will be approximately l S1578K, the industry burden will be reduced in the long run because a labor intensive background check will be replaced by a largely automatic process through the FBI at an estimated cost of $15/ case.
l o Impact on the NRC will be minimal.
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V. Stello, Jr. 2 The complete RES independent review package has been sent to OEDO.(Attn:
DEDR0GR) and to the Director, NMSS. It has been noted that a Backfit Analysis will be required.
De wood F. Ross, Jr., Acting Director Office of Nuclear Regulatory Research e
V. Stello, Jr. 2 SEP 101986 The complete RES independent review package has been seni! to OEDO (Attn:
DEDROGR) and to the Director, NMSS. It has been noted that a Backfit Analysis will be required.
Denwood . Ross, Jr., Acting Director Office of Nuclhar Regulatory Research
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RES INDEPENDENT REVIEW PACKAGE
Draft Recommendation Based on Preliminary Review of
. Rulemaking Entitled, " Requirements for Criminal History Checks of Individuals with Unescorted Access to Nuclear Power Reactors" (10 CFR Part 7,3)
Recommendation .
Based on our independent review of this new proposed rulemaking sponsored by NMSS, RES agrees with the Director, NMSS, that this rulemaking should be initiated.
Quality Assurance Review All required matters have been considered by NMSS in accordance with established procedures and guidelines except for the Backfit Analysis.
Issue to be Addressed
. - . Legislation passed in Congress, entitled, "The Nuclear Power Plant Security and Anti-Terrorism Act of 1985" (S.274/H.R. 3330), directs the Comission to promulgate regulations, by February 27, 1987, for the control and use of FBI criminal history data resulting from fingerprinting checks of power plant employees.
Necessity and Urgency for Addressing This Issue The legislation has passed both houses of Congress and was signed by the President in August 1986. The deadline Congress gave the NRC for promulgation of the required rulemaking is February 27, 1987.
Alternatives to Rulemaking .
There are no alternatives.
How the Issue Would be Addressed Through Rulemaking The proposed rulemaking will parallel the provisions of the legislation which outline the issues-requiring NRC regulation.
Effect on Public, Industry, and NRC The public will benefit because a nationwide criminal history check of individuals with unescorted access to power reactors will be conduct.ed.
O Industry burden will be reduced because promulgation will permit access to the nationwide criminal history data maintained by the FBI instead of criminal history checks through the local court records. 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. A backfit analysis will be required.
NRC Resources and Schedule for Rulemaking Congress has mandated that the rule be promulgated by February 27, 1987. The schedule and manpower reflects this requirement.
Agency Contact (NMSS Task Leader)
Kristina I. Jamgochian NMSS 427-4754 1
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0FFICE REVIEW PACKAGE RECEIVED FROM NMSS I
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