ML071410444

5/29/07 Ltr E. Sellers, DOE-Idaho Operations, Fort Saint Vrain Issuance of Order Imposing Fingerprinting and Criminal History Check Requirements for Unescorted Access to Fort Saint Vrain Power Station Independent Spent Fuel Storage Installa

ML071410444
Person / Time
Site:	07200009, Fort Saint Vrain
Issue date:	05/29/2007
From:	Weber M Office of Nuclear Material Safety and Safeguards
To:	Sellers E US Dept of Energy, Idaho Operations Office
Wharton L, NMSS/SFST, 301-492-3316
Shared Package
ML071410440	List: ML071410444 ML071410451 ML071410458 ML071410462 ML071410466 ML071410479
References
EA-07-124, NMSS 200700133, SRM-SECY-07-0011, WITS 200700103
Download: ML071410444 (4)

Text

May 29, 2007 EA-07-124 Elizabeth D. Sellers, Manager Idaho Operations Office U.S. Department of Energy Fort Saint Vrain Power Station ISFSI 1955 Fremont Avenue Idaho Falls, ID 83415

SUBJECT:

ISSUANCE OF ORDER IMPOSING FINGERPRINTING AND CRIMINAL HISTORY CHECK REQUIREMENTS FOR UNESCORTED ACCESS TO FORT SAINT POWER STATION INDEPENDENT SPENT FUEL STORAGE INSTALLATION

Dear Ms. Sellers:

You have recently received the Order Imposing Fingerprinting and Criminal History Records Check Requirements for Access to Safeguards Information (Effective Immediately) (EA 298) from the U.S. Nuclear Regulatory Commission (NRC) requiring fingerprinting and a criminal history records check for access to Safeguards Information (SGI), as part of the implementation of Section 652 of the Energy Policy Act of 2005 (EPAct). As a result of the implementation of that Order, the NRC has approved one or more individuals, as requested by the Department of Energy, Idaho Operations Office (DOE-ID), to act as a reviewing official.

The reviewing official is responsible for determining other licensee employees need-to-know SGI, and for reviewing the results of the Federal Bureau of Investigation (FBI) criminal history records check, based on fingerprints, in conjunction with other trustworthiness and reliability information to make SGI access determinations for those individuals.

Section 652 of the EPAct required the Commission to impose additional fingerprinting requirements for all individuals who seek or currently have unescorted access to radioactive materials possessed by spent fuel storage facility licensees, determined by the Commission, to be of such significance to the public health and safety or common defense and security as to warrant fingerprinting and background checks. Access to radioactive material means that an individual could exercise some physical control over the material or device. Thus, the NRC is issuing the enclosed Order (Enclosure 1) to expeditiously implement, in part, these additional security requirements.

To implement the enclosed Order, DOE-ID must submit fingerprints of individuals who seek or currently have unescorted access to spent fuel storage facilities as a result of the implementation of the Orders imposing interim compensatory measures and additional security measures. The reviewing official must consider the results of the FBI criminal history records check, in conjunction with the information obtained in response to the trustworthiness and reliability requirements of the Order when making a determination of whether an individual may be granted or given continued unescorted access to spent fuel storage facilities, subject to the enclosed Order (see the Attachment to the Order and Enclosure 2 to this letter). The reviewing official may be one that has previously been approved by NRC in accordance with EA-06-298.

DOE-ID may nominate additional reviewing officials in accordance with the Order. The reviewing official, and only the reviewing official, can make determinations for unescorted

E. Sellers 2 access to spent fuel storage facilities for other licensee employees who have been fingerprinted and have had a criminal history records check. Individuals who have been fingerprinted and granted access to SGI under previous Orders, do not need to be fingerprinted again, and the reviewing official need not make a separate determination for unescorted access.

This Order does not obviate the need for DOE-ID to continue to meet the requirements of previous Orders, and to maintain the effectiveness of security measures taken in response to the events of September 11, 2001. These requirements, which will remain in effect until the Commission determines otherwise, supplement, but do not replace, existing requirements concerning unescorted access to spent fuel storage facilities.

DOE-ID has 90 days from the date of this Order to submit fingerprints and complete its review of the FBI criminal history records check for all individuals currently authorized unescorted access to spent fuel storage facilities. Individuals approved by the reviewing official for access to SGI do not need to submit fingerprints again for compliance with this Order.

DOE-ID is required to submit fingerprints in accordance with this Order. The current processing fee is $27.00 per submission and payment, payable to U.S. NRC, must accompany the request. The details regarding fingerprint submittals and payment of fees are found in the Attachment to the Order. The enclosed Order requires that you respond to this Order within twenty (20) days from the date of its issuance, and implement the requirements before allowing unescorted access to your spent fuel storage facility to any individual.

DOE-ID responses to the enclosed Order (not fingerprint cards) must be submitted to the Director, Office of Nuclear Material Safety and Safeguards, and addressed to the attention of L. Raynard Wharton. The following mailing addresses should be used:

For normal postal delivery, mail to:

Director, Office of Nuclear Material Safety and Safeguards U.S. Nuclear Regulatory Commission Washington, D.C., 20555-0001 Attn: L. Raynard Wharton, Mail Stop EBB-3D-02M For delivery services requiring a street address, mail to:

Director, Office of Nuclear Material Safety and Safeguards U.S. Nuclear Regulatory Commission Two White Flint North 11545 Rockville Pike Rockville, MD 20852-2738 Attn: L. Raynard Wharton, Mail Stop EBB-3D-02M Licensee fingerprint cards must be submitted separately to the Director, Division of Facilities and Security, and should be addressed to the attention of the Criminal History Program.

The following mailing addresses should be used:

E. Sellers 3 For normal postal delivery, mail to:

Director, Division of Facilities and Security U.S. Nuclear Regulatory Commission Washington, D.C., 20555-0001 Attn: Criminal History Program, Mail Stop T-6E46 For delivery services requiring a street address, mail to:

Director, Division of Facilities and Security U.S. Nuclear Regulatory Commission Two White Flint North 11545 Rockville Pike Rockville, MD 20852-2738 Attn: Criminal History Program, Mail Stop T-6E46 Please include your docket number in all correspondence with NRC. In addition, your responses are "Security-Related Information or Official Use Only and shall be properly marked.

In accordance with 10 CFR 2.390 of NRCs Rules of Practice, 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 NRCs Agencywide Documents Access and Management System (ADAMS). ADAMS is accessible through the NRC Web site at http://www.nrc.gov/reading-rm/adams.html (the Public Electronic Reading Room).

Please contact L. Raynard Wharton at (301) 492-3316, or via email to lrw@nrc.gov, for facilitating resolution of any issues or questions related to compliance with the requirements in the enclosed Order. The enclosed Order has been forwarded to the Office of the Federal Register for publication.

Sincerely, Michael F. Weber, Director Office of Nuclear Material Safety and Safeguards Docket No: 72-9

Enclosures:

1. Order Imposing Fingerprinting and Criminal History Records Check Requirements for Unescorted Access to Certain Spent Fuel Storage Facilities

2. Guidance for Licensees Evaluation of Unescorted Access to Spent Fuel Storage Facilities with the Inclusion of Criminal History (Fingerprint) Records Checks cc: Mailing list

E. Sellers 3 For normal postal delivery, mail to:

Director, Division of Facilities and Security U.S. Nuclear Regulatory Commission Washington, D.C., 20555-0001 Attn: Criminal History Program, Mail Stop T-6E46 For delivery services requiring a street address, mail to:

Director, Division of Facilities and Security U.S. Nuclear Regulatory Commission Two White Flint North 11545 Rockville Pike Rockville, MD 20852-2738 Attn: Criminal History Program, Mail Stop T-6E46 Please include your docket number in all correspondence with NRC. In addition, your responses are "Security-Related Information or Official Use Only and shall be properly marked.

In accordance with 10 CFR 2.390 of NRCs Rules of Practice, 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 NRCs Agencywide Documents Access and Management System (ADAMS). ADAMS is accessible through the NRC Web site at http://www.nrc.gov/reading-rm/adams.html (the Public Electronic Reading Room).

Please contact L. Raynard Wharton at (301) 492-3316, or via email to lrw@nrc.gov, for facilitating resolution of any issues or questions related to compliance with the requirements in the enclosed Order. The enclosed Order has been forwarded to the Office of the Federal Register for publication.

Sincerely,

/RA/

Michael F. Weber, Director Office of Nuclear Material Safety and Safeguards Docket No: 72-9

Enclosures:

1. Order Imposing Fingerprinting and Criminal History Records Check Requirements for Unescorted Access to Certain Spent Fuel Storage Facilities

2. Guidance for Licensees Evaluation of Unescorted Access to Spent Fuel Storage Facilities With the Inclusion of Criminal History (Fingerprint) Records Checks cc: Mailing list DISTRIBUTION: WITS200700103/NMSS200700133 - SRM-SECY-07-0011 NMSS r/f SFST r/f RidsOgcMailCenter RidsStpMailCenter RidsOeMailCenter RidsNsirOd JHall ML071410440 OFFICE SFST/:PM SFST:LA SFST/RIOB:C Tech Ed. ADM/DFS/SEC NAME RWharton MDeBose KWilliams EKraus APretzello DATE 05/ 09 /07 05/ 09/07 05/ 09/07 05/ 09/07 05/ 10/07 OFFICE OE OGC SFST:DD SFST:D NMSS:D NAME CCarpenter JGoldberg/JCZ: NLO WRuland WBrach MWeber DATE 05/16 /07 05/ 18 /07 05/21 /07 05/21/07 05/29/07 OFFICIAL RECORD COPY