ML26014A249
| ML26014A249 | |
| Person / Time | |
|---|---|
| Site: | 99902137 |
| Issue date: | 03/26/2026 |
| From: | Kevin Williams NRC/NSIR/DSO/ISB |
| To: | Cj Fong Blue Energy Global |
| References | |
| ML26014A247, EAF-NSIR-2026-0007 | |
| Download: ML26014A249 (0) | |
Text
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EAF-NSIR-2026-0007 CJ Fong Vice President, Regulatory Affairs Blue Energy Global, Inc.
12358 Parklawn Drive, Suite 300 North Bethesda, MD 20852
SUBJECT:
ISSUANCE OF ORDER IMPOSING SAFEGUARDS INFORMATION PROTECTION REQUIREMENTS AND FINGERPRINTING AND CRIMINAL HISTORY RECORDS CHECK REQUIREMENTS FOR ACCESS TO SAFEGUARDS INFORMATION
Dear CJ Fong:
In June 2009, the U.S. Nuclear Regulatory Commission (NRC) issued a final rule (74 FR 28112) requiring nuclear power plant (NPP) designers to assess the effects of a large commercial aircraft impact on their specific plant design. The rule also requires designers to incorporate features and functional capabilities that provide additional inherent protection with reduced use of operator actions. To assist designers with this assessment, the Commission will provide detailed aircraft impact characteristics as reasonable input parameters for reactor vendors, architects, and engineers. This information will be shared with those individuals who have a need to know and meet the NRCs requirements for disclosure, enabling them to evaluate the inherent capabilities of their designs. The order in Enclosure 1 designates the detailed aircraft characteristics as Safeguards Information (SGI)1 in accordance with Section 147 of the AEA.
When sharing aircraft impact information at the SGI level with reactor vendors, the NRC imposes additional processing and handling requirements to ensure it is adequately protected.
The NRC is issuing the enclosed order to Blue Energy Global, Inc., to impose requirements for the protection of SGI regarding aircraft impact information and for the fingerprinting of all persons who have or seek access to this SGI. In addition, the order restricts the locations where this SGI may be stored and limits sharing with individuals for whom fingerprinting and a Federal Bureau of Investigation (FBI) criminal history records check are not reasonably expected to provide sufficient information to make an informed access decision. Examples of such individuals include foreign nationals, U.S. citizens living abroad, and individuals under the age of 18.
Before your company grants an individual access to SGI, your company must submit the individuals fingerprints to the NRC for an FBI criminal history records check. Your company will receive the results of the FBI criminal history records check and must consider that information, along with the results of the background check as prescribed by Title 10 of the Code of Federal 1
SGI is a form of sensitive, unclassified, security-related information that the Commission has the authority to designate and protect under section 147 of the Atomic Energy Act of 1954, as amended (AEA).
March 26, 2026
CJ Fong Regulations (10 CFR) 73.22(b)(2) when making a determination on whether an individual, who has a need to know SGI, may be given access to SGI (see Enclosure 2 to this letter).
Certain categories of individuals are excepted by rule from the fingerprinting requirement, as provided in 10 CFR 73.59, Relief from Fingerprinting and Criminal History Records Check for Designated Categories of Individuals, including Federal, State, and local law enforcement personnel in the U.S.; Agreement State inspectors who conduct security inspections on behalf of the NRC; members of the U.S. Congress; certain employees of members of Congress or congressional committees who have undergone fingerprinting for a prior U.S. Government criminal history check; and representatives of the International Atomic Energy Agency or certain foreign government organizations. In addition, the NRC has determined that individuals who have active U.S. Federal security clearances or who have had a favorably decided U.S. Government criminal history records check within the last 5 years, have already been subjected to fingerprinting and criminal history records checks, and, thus, have satisfied the fingerprinting requirement under the Energy Policy Act of 2005.
In the event the NRC does not approve access to SGI for the individual nominated as your companys reviewing official, the individual may appeal this decision by following the procedures in Enclosure 3. Your company may then nominate a different individual to be the reviewing official. If your company decides to withdraw the nomination of an individual as a reviewing official after submitting fingerprints to the FBI through the NRC, the NRC will still complete the review process for determining access to SGI.
Your company is required to submit fingerprints in accordance with the enclosed order and the process described in Enclosure 4. The current processing fee is $32.00 per submission, and payment must accompany the request. The attachment to the order provides details about fingerprint submittals and payment of fees. If the person your company nominates as a reviewing official already has a national security clearance, please submit that persons name, along with documentation that supports the claim.
The NRC staff will verify that the nominated individual has the necessary clearance before approving the individual as a reviewing official. If your company has had a reviewing official whom the NRC has previously approved, provide a copy or a reference to the approval letter in your response.
The enclosed order is effective immediately.
The enclosed order requires that your company respond to the order within 20 days of the date of the order and implement its requirements before providing access to SGI to any individual.
Please contact Prosanta Chowdhury at (301) 415-1647 or by email at prosanta.chowdhury@nrc.gov to facilitate resolution of any issues or questions related to compliance with the requirements of the enclosed order.
Your companys responses to the order (not fingerprint cards) must be submitted to the Director, Office of Nuclear Reactor Regulation, and should be addressed to the attention of Prosanta Chowdhury, Mail Stop OWFN/8D02.
For normal postal delivery, mail to the following address:
Director, Office of Nuclear Reactor Regulation U.S. Nuclear Regulatory Commission
CJ Fong Washington, DC 20555-0001 Attn: Prosanta Chowdhury, Mail Stop OWFN/8D02 For delivery services requiring a street address, mail to the following address:
Director, Office of Nuclear Reactor Regulation U.S. Nuclear Regulatory Commission Two White Flint North 11545 Rockville Pike Rockville, MD 20852-2738 Attn: Prosanta Chowdhury, Mail Stop OWFN/8D02 Please include the project number listed below in all your correspondence to the NRC. In addition, your companys responses should be marked as Security-Related Information Withhold Under 10 CFR 2.390. The enclosed order has been forwarded to the Office of the Federal Register for publication.
In accordance with 10 CFR 2.390, Public Inspection, Exemptions, Requests for Withholding, a copy of this letter and its enclosures will be available electronically for public inspection in the NRC Public Document Room or from the Publicly Available Records component of the NRCs Agencywide Documents Access and Management System (ADAMS). ADAMS is accessible from the NRC website at http://www.nrc.gov/reading-rm/adams.html (the Public Electronic Reading Room).
Sincerely, Kevin Williams, Acting Director Office of Nuclear Security and Incident Response Project No. 99902137
Enclosures:
1.
Order Imposing Safeguards Information Protection Requirements for Access to Safeguards Information 2.
Guidance for Evaluation of Access to Safeguards Information With the Inclusion of Criminal History Records (Fingerprint) Checks 3.
Process to Challenge NRC Denials or Revocations of Access to Safeguards Information 4.
General Requirements Signed by Williams, Kevin on 03/26/26
C. Fong
SUBJECT:
ISSUANCE OF ORDER IMPOSING SAFEGUARDS INFORMATION PROTECTION REQUIREMENTS AND FINGERPRINTING AND CRIMINAL HISTORY RECORDS CHECK REQUIREMENTS FOR ACCESS TO SAFEGUARDS INFORMATION ADAMS Accession No.:
- via e-mail ML26014A247 Pkg ML26015A065 Order Imposing Additional Requirements for Safeguards Information
- Blue Energy ML26014A249 Blue Energy SGI Order Transmittal Letter