ML22054A220

Letter to Global Laser Enrichment Regarding Compliance with the Requirements of 32.CFR Part 117

ML22054A220
Person / Time
Site:	07007033
Issue date:	03/10/2022
From:	Darryl Parsons NRC/NSIR/DSO/ISB
To:	Jenny P Global Laser Enrichment
References
Download: ML22054A220 (2)

Text

Patricia Jenny, Security Manager Global Laser Enrichment, LLC P.O. Box 780 3901 Castle Hayne Road Wilmington, NC 28402

SUBJECT:

COMPLIANCE WITH 32 CODE OF FEDERAL REGULATIONS PART 117, NATIONAL INDUSTRIAL SECURITY PROGRAM OPERATING MANUAL AND EXERCISE OF ENFORCEMENT DISCRETION

Dear Patricia Jenny:

On December 21, 2020, the Department of Defense published the National Industrial Security Program Operating Manual (NISPOM) rule, Title 32 Code of Federal Regulations (CFR) Part 117, National Industrial Security Program Operating Manual, in the Federal Register (85 FR 83312). The rule had an effective date of August 24, 2021. Nuclear Regulatory Commission (NRC) staff met with you on February 3, 2022, to discuss Global Laser Enrichments (GLE) compliance with 32 CFR Part 117. This letter documents the substance of our discussions at that meeting.

GLE must be in compliance with the requirements in 32 CFR Part 117 no later than 180 days from the date of this letter or March 10, 2022. During our discussions, you indicated that GLE is in the process of developing a compliance plan indicating how GLE will come into compliance with 32 CFR Part 117. This compliance plan will: 1) identify those requirements in 32 CFR Part 117 that GLE believes are not applicable to it and the rationale for that determination; 2) identify those requirements in 32 CFR Part 117 that GLE believes are applicable and are already being met; 3) identify those requirements in 32 CFR Part 117 for which GLE expects to need longer than 180 days to implement, the rationale for needing more time, and the specific date by which GLE will come into compliance with the requirement; and 4) identify those requirements in 32 CFR Part 117 for which GLE intends to seek a waiver consistent with the requirements in 32 CFR 117.7(n). The NRC expects that GLE will submit its compliance plan for review and approval no later than 30 days from the date of this letter or March 10, 2022.

With respect to those requirements identified in GLEs compliance plan for which GLE has requested a later compliance date, GLE must be in compliance with those specific requirements no later than the alternative compliance date approved by the NRC. If GLE intends to seek a waiver, any waiver request must explain why it is impractical or unreasonable for GLE to comply with the requirement it is asking to waive, identify alternative measures as prescribed by the rule, and include a proposed duration for the waiver. GLE cannot implement a waiver unless the waiver is approved by NRC.

March 10, 2022 P. Jenny 2 In light of the short implementation timeframe afforded by the promulgation of 32 CFR Part 117, and the efforts undertaken by GLE to come into compliance with the rule as soon as feasible, I have been authorized, after consultation with the Director, Office of Enforcement, to exercise enforcement discretion for past non-compliance associated with 32 CFR Part 117 requirements in accordance with Section 3.5 of the Enforcement Policy. Going forward, the staff may continue to exercise enforcement discretion as long as GLE takes appropriate and reasonable steps to come into compliance by the specific date(s) documented in GLEs compliance plan as approved by the NRC.

If you have any questions, please contact me at 301-415-7751, or via email at Darryl.parsons@nrc.gov.

In accordance with Title 10 of the CFR, Section 2.390 of the NRCs Agency Rules of Practice and Procedure, a copy of this letter will be available for public inspection in the NRC Public Document Room or from ADAMS. ADAMS is accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html (the Public Electronic Reading Room).

Sincerely, Darryl H. Parsons, Chief Information Security Branch Division of Security Operations Office of Nuclear Security and Incident Response Docket No.: 07007033 Signed by Parsons, Darryl on 03/10/22

Ltr ML22054A220 OFFICE NSIR/DSO/ISB NMSS/DFM/FFLB OE/EB NSIR NAME JEverly JE JZimmerman JZ JDe JD SLee SL DATE Mar 4, 2022 Mar 4, 2022 Mar 10, 2022 Mar 11, 2022 OFFICE OGC/GCRPS NSIR/DSO/ISB

/HLWFCNS/NLO NAME NSt. NS DParsons DP DATE Mar 10, 2022 Mar 10, 2022