ML071150103

Keith Asmussen Ltr Issuance of Order Imposing Fingerprinting and Criminal History Records Check Requirements for Unescorted Access to the General Atomics Research and Test Reactors

ML071150103
Person / Time
Site:	General Atomics, Vallecitos
Issue date:	08/01/2007
From:	Pangburn G NRC/FSME
To:	Asmussen K General Atomics
Shepherd, James C FSME/DWMEP 415-6712
References
Download: ML071150103 (4)

Text

August 1, 2007 Dr. Keith Asmussen, Director Licensing, Safety, and Nuclear Compliance General Atomics 3550 General Atomics Court San Diego CA 92121-1122

SUBJECT:

ISSUANCE OF ORDER IMPOSING FINGERPRINTING AND CRIMINAL HISTORY RECORDS CHECK REQUIREMENTS FOR UNESCORTED ACCESS TO THE GENERAL ATOMICS RESEARCH AND TEST REACTORS You previously received an Order from the U.S. Nuclear Regulatory Commission (NRC or Commission) requiring fingerprinting and a criminal history records check for access to Safeguards Information (SGI). That Order, Order EA-06-203, Order Imposing Fingerprinting and Criminal History Records Check Requirements for Access to Safeguards Information (Effective Immediately), dated September 29, 2006 (71 FR 59140, October 6, 2006) (ADAMS Accession No. ML061510049), is part of the implementation of Section 652 of the Energy Policy Act of 2005 (EPAct). As a result of the implementation of EA-06-203, the NRC has approved one or more designated individuals at your request to act as a reviewing official. The reviewing official is responsible for determining other licensee employees suitability to access SGI on a need-to-know basis. In doing so, the official reviews the results of the Federal Bureau of Investigation (FBI) fingerprint-based criminal history records check in conjunction with other applicable requirements to make SGI access determinations for those individuals.

Although the NRC has taken several steps to provide additional regulatory oversight for unescorted access to the research and test reactors (RTRs), the EPAct granted the NRC additional authority to impose FBI identification and criminal history records checks. These checks would be based on the fingerprints of any person permitted unescorted access to various NRC-regulated facilities, including RTRs. By the enclosed Order (Enclosure 1), the NRC is now imposing fingerprinting requirements for unescorted access on the General Atomics RTR licenses.

Under this Order, the licensee must submit fingerprints of individuals who seek or currently have unescorted access. Individuals who have previously submitted to fingerprinting that would satisfy the requirements for unescorted access in accordance with the enclosed Order do not need to be fingerprinted again. This Order also requires that a reviewing official must consider the results of the FBI criminal history records check in conjunction with other applicable requirements to determine whether an individual may be granted or allowed continued unescorted access. The reviewing official may be the individual whom the NRC previously approved in accordance with EA-06-203. The licensee also may nominate additional reviewing officials in accordance with EA-06-203. A reviewing official, and only a reviewing official, whom the NRC has approved can make unescorted access determinations in accordance with the enclosed Order. The enclosed Order specifies that no person may have access to SGI or unescorted access to any utilization facility or radioactive material or property subject to regulation by the NRC if the NRC has determined that, in accordance with the administrative review process, based on fingerprinting and an FBI identification and criminal history records check, either that the person may not have access to SGI or that the person may not have

K. Asmussen unescorted access to a utilization facility or radioactive material or property subject to regulation by the NRC.

This Order does not obviate the need for the licensee to continue to meet other applicable requirements and to maintain the effectiveness of security measures taken in response to the events of September 11, 2001. The requirements of the Order, which will remain in effect until the Commission determines otherwise, supplement, but do not replace, existing requirements and measures concerning unescorted access.

The licensee must pay a processing fee of $27.00 per fingerprint submission. Payments made payable to U.S. NRC must accompany the request. The attachment to the Order provides details regarding fingerprint submissions and payment of fees.

In addition, the licensee must respond to this Order within 20 days of the date of its issuance and implement the requirements before allowing unescorted access to any individual. Please include the docket number and mark the response Security-Related InformationWithhold Under 10 CFR 2.390 in all of your correspondence with the NRC regarding the enclosed Order.

The licensee must submit its response to the enclosed Order (not fingerprint cards) using one of the mailing addresses given below.

For normal postal delivery, mail to the following address:

Director, Office of Nuclear Reactor Regulation Attn: William Schuster, Mail Stop O-12G15 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 For delivery services requiring a street address, mail to the following address:

Director, Office of Nuclear Reactor Regulation Attn: William Schuster, Mail Stop O-12G15 U.S. Nuclear Regulatory Commission One White Flint North 11555 Rockville Pike Rockville, MD 20852-2738 The licensee must submit its fingerprint cards using one of the mailing addresses given below.

For normal postal delivery, mail to the following address:

Director, Division of Facilities and Security Attn: Criminal History Program, Mail Stop T-6E46 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001

K. Asmussen For delivery services requiring a street address, mail to the following address:

Director, Division of Facilities and Security Attn: Criminal History Program, Mail Stop T-6E46 U.S. Nuclear Regulatory Commission Two White Flint North 11545 Rockville Pike Rockville, MD 20852-2738 Please contact Mr. James Shepherd at 301-415-6712, jcs2@nrc.gov, or Mr. William Schuster at 301-415-3934, wcs1@nrc.gov, to facilitate resolution of any issues or questions related to compliance with the requirements in the enclosed Order. This Order has been forwarded to the Office of the Federal Register for publication.

Sincerely,

/RA/

George Pangburn, Acting Director Office of Federal and State Materials and Environmental Management Programs Docket: 50-89, 50-183

Enclosures:

1. Order Imposing Fingerprinting and Criminal History Records Check Requirements for Unescorted Access

2. Guidance for Licensee's Evaluation of Criminal History (Fingerprint) Checks

K. Asmussen For delivery services requiring a street address, mail to the following address:

Director, Division of Facilities and Security Attn: Criminal History Program, Mail Stop T-6E46 U.S. Nuclear Regulatory Commission Two White Flint North 11545 Rockville Pike Rockville, MD 20852-2738 Please contact Mr. James Shepherd at 301-415-6712, jcs2@nrc.gov, or Mr. William Schuster at 301-415-3934, wcs1@nrc.gov, to facilitate resolution of any issues or questions related to compliance with the requirements in the enclosed Order. This Order has been forwarded to the Office of the Federal Register for publication.

Sincerely,

/RA/

George Pangburn, Acting Director Office of Federal and State Materials and Environmental Management Programs Docket: 50-89, 50-183

Enclosures:

1. Order Imposing Fingerprinting and Criminal History Records Check Requirements for Unescorted Access

2. Guidance for Licensee's Evaluation of Criminal History (Fingerprint) Checks DISTRIBUTION:

Durld r/f RidsOgcMailCenter RidsOeMailCenter RidsNsirOd ML072040252 OFFICE FSME/DWMEP FSME/DWMEP FSME/DWMEP FSME/DILR NRR/DPR ADM/DFS NAME JShepherd TMixon CCraig R.Virgilio WSchuster APretzello DATE 4 / 25 / 07 / / 4/ 26 / 07 07/24/07 4/30/07 4 / 26 / 07 OFFICE OE NSIR OGC FSME/ DWMEP Tech Ed FSME:OD NAME MBurrell RWay Zorn L.Camper QTE GPangburn DATE 5 / 3 / 07 6 / 21 /07 06/29/07 07/25/07 07/26/07 8 /1 /07 OFFICIAL RECORD COPY