ML22144A408
| ML22144A408 | |
| Person / Time | |
|---|---|
| Site: | 07003103 |
| Issue date: | 06/01/2022 |
| From: | Darryl Parsons NRC/NSIR/DSO/ISB |
| To: | Padgett W Louisiana Energy Services |
| References | |
| Download: ML22144A408 (3) | |
Text
Wyatt Padgett, Manager Licensing and Performance Assessment Louisiana Energy Services, LLC P.O. Box 1789 Eunice, NM 88231
SUBJECT:
COMPLIANCE WITH 32 CODE OF FEDERAL REGULATIONS PART 117, NATIONAL INDUSTRIAL SECURITY PROGRAM OPERATING MANUAL AND EXERCISE OF ENFORCEMENT DISCRETION
Dear Wyatt Padgett:
On December 21, 2020, the Department of Defense published the National Industrial Security Program Operating Manual 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 March 9, 2022, to discuss Louisiana Energy Services, LLC doing business as URENCO -
USA, LLC, (UUSA) compliance with 32 CFR Part 117; this letter documents the substance of that discussion.
UUSA must be in compliance with the requirements in 32 CFR Part 117 no later than 180 days from the date of this letter or October 31, 2022. UUSA submitted on April 14, 2022, (ML22108A090) a letter with commitments to come into compliance by October 31, 2022.
The NRC expects that UUSA will submit its compliance plan describing how you will come into compliance with 32 CFR Part 117, no later than 60 days from the date of this letter or XXX, 2022.
This compliance plan should: 1) identify those requirements in 32 CFR Part 117 that UUSA believes are not applicable to it and the rationale for that determination; 2) identify those requirements in 32 CFR Part 117 that UUSA believes are applicable and are already being met;
- 3) identify those requirements in 32 CFR Part 117 for which UUSA expects to need longer than 180 days to implement, the rationale for needing more time, and the specific date by which UUSA will come into compliance with the requirement; and 4) identify those requirements in 32 CFR Part 117 for which UUSA intends to seek a waiver consistent with the requirements in 32 CFR 117.7(n).
With respect to those requirements identified in UUSAs compliance plan for which UUSA has requested a later compliance date, UUSA must comply with those specific requirements no later than the alternative compliance date approved by the NRC. If UUSA intends to seek a waiver, the waiver request must explain why it is impractical, or unreasonable for UUSA 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. UUSA cannot implement a waiver unless the waiver is approved by the NRC.
June 1, 2022
W. Padgett 2
While UUSA is working to determine the applicability of the new requirements and to come into compliance, the NRC staff completed the annual information security (INFOSEC) inspection during the week of April 18, 2022. The NRC staff confirmed that UUSAs INFOSEC security program operates consistently with the NRC approved Standard Practice Procedures Plan and complies with Title 10 of the CFR Part 95. Therefore, UUSA is currently protecting its classified matter adequately.
Given UUSAs established INFOSEC security program, the short implementation timeframe afforded by the promulgation of 32 CFR Part 117, and the efforts undertaken by UUSA 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 provided UUSA takes appropriate and reasonable steps to come into compliance by the specific date(s) documented in UUSAs compliance plan, as approved by the NRC.
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 agencywide documents access and management system (ADAMS). ADAMS is accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html (the Public Electronic Reading Room).
If you have any questions, please contact me at 301-415-7751, or via email at Darryl.parsons@nrc.gov.
Sincerely, Darryl H. Parsons, Chief Information Security Branch Division of Security Operations Office of Nuclear Security and Incident Response Docket No.: 70-3103 License No.: SNM-2010 Signed by Parsons, Darryl on 06/01/22
Ltr ML22144A408 OFFICE NSIR/DSO/ISB NMSS/DFM/FFLB OE/EB NSIR NAME JEverly JZimmerman JPeralta SLee DJohnson for DATE May 25, 2022 May 25, 2022 May 25, 2022 May 25, 2022 OFFICE OGC/GCRPS
/HLWFCNS/NLO NSIR/DSO/ISB NAME NSt.
DParsons DATE May 31, 2022 Jun 1, 2022