ML26077A034

Enclosure 3 - Process to Challenge NRC Denials or Revocations of Access to Safeguards Information

ML26077A034
Person / Time
Site:	99902137
Issue date:	03/26/2026
From:	Kevin Williams NRC/NSIR/DSO/ISB
To:
References
ML26014A247
Download: ML26077A034 (0)

Text

Enclosure 3 Process to Challenge NRC Denials or Revocations of Access to Safeguards Information

1. Policy This policy establishes a process for an individual, whom the U.S. Nuclear Regulatory Commission (NRC) licensee1 has nominated to serve as a reviewing official, to challenge and appeal NRC denials or revocations of access to Safeguards Information (SGI). Any individual nominated as a licensee reviewing official whom the NRC has determined may not have access to SGI shall, to the extent provided below, be afforded an opportunity to challenge and appeal the NRCs determination. This policy shall not be construed to require the disclosure of SGI to any person; neither shall it be construed to create a liberty or property interest of any kind in the access of any individual to SGI.

2. Applicability This policy applies solely to those employees of licensees who are nominated to serve as reviewing officials, and who have thus been considered by the NRC for initial or continued access to SGI in that position.2

3. SGI Access Determination Criteria The NRC will determine whether access to SGI will be granted to an individual nominated to be a reviewing official. Access to SGI shall be denied or revoked whenever it is determined that an individual does not meet the applicable standards. Any doubt about an individual's eligibility for initial or continued access to SGI shall be resolved in favor of national security interests, and access will be denied or revoked.

1 As used herein, licensee means any licensee or other person who is required to conduct fingerprinting.

2 The licensee should have an approved SGI program or an SGI program under NRC review.

4. Procedure to Challenge the Contents of Records Obtained from the FBI Before a determination, by the responsible NRC branch chief, that an individuals nomination to serve as a reviewing official is denied or that the individuals access to SGI is revoked, the individual shall (i) be given the contents of records obtained from the FBI for the purpose of assuring correct and complete information. If, after reviewing the record, an individual believes that it is incorrect or incomplete in any respect and wishes to change, correct, or update the alleged deficiency, or to explain any matter in the record, the individual may initiate challenge procedures, including either direct application by the individual challenging the record to the agency (i.e., law enforcement agency) that contributed the questioned information or direct challenge as to the accuracy or completeness of any entry on the criminal history record to the Federal Bureau of Investigation, as set forth in Title 28 of the Code of Federal Regulations sections 16.30 through 16.34. In the latter case, the FBI will forward the challenge to the submitting agency and request that agency to verify or correct the challenged entry. Upon receipt of an official communication directly from the agency that contributed the original information, the FBI Identification Division makes any necessary changes in accordance with the information supplied by that agency.

(ii) be afforded 10 days to initiate an action challenging the results of an FBI criminal history records check (described in (i), above) after the record is made available to the individual for his or her review. If the individual initiates such a challenge, the responsible NRC branch chief will make a determination based upon the criminal history record only upon receipt of the FBI's ultimate confirmation or correction of the record.

5. Procedure to Provide Additional Information Before a determination, by the responsible NRC branch chief, that an individuals nomination to serve as a reviewing official is denied or that the individuals access to SGI is revoked, the individual shall be afforded an opportunity to submit information relevant to the individuals trustworthiness and reliability. The NRC shall, in writing, notify the individual of this opportunity and any deadlines for submitting this information. The responsible NRC branch chief may make a determination of access to SGI only upon receipt of the additional information that the individual submits or, if no such information is submitted, when the deadline to submit such information has passed.

6. Procedure to Notify an Individual of the NRCs Determination to Deny or Revoke Access to SGI Upon a determination, by the responsible NRC branch chief, that an individual nominated as a reviewing official is denied or has his or her access to SGI revoked, the individual shall be given a written explanation of the basis for this determination.

7. Procedure to Appeal an NRC Determination to Deny or Revoke Access to SGI Upon a determination, by the responsible NRC branch chief, that an individuals nomination to serve as a reviewing official is denied or that the individuals access to SGI is revoked, the individual shall be given an opportunity to appeal this determination to the responsible division director. The determination must be appealed within 20 days of receipt of the written notice of the determination by the branch chief, and the appeal may be submitted in writing or presented in person. Any appeal made in person shall take place at the NRCs headquarters and shall be at the individuals own expense. The determination by the responsible division director shall be rendered within 60 days after receipt of the appeal.

8. Procedure to Notify an Individual of the Determination by the Responsible Division Director, Upon an Appeal A determination by the responsible division director shall be provided to the individual in writing and include an explanation of the basis for this determination. A decision by the responsible division director to affirm the responsible branch chiefs determination to deny or revoke an individuals access to SGI is final and not subject to further administrative appeals.