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-n d M %d , N UNITED STATES gg* "#%}'g NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555 g j
%,*****[ FEB 0 71983 MEMORANDUM FOR: C. N. Smith, Acting Chief Fuel Facility Safeguards Licensing Branch Division of Safeguards Office of Nuclear Material Safety and Safeguards FROM: kichard A. Dopp, Chief Security Policy Branch Division of Security Office of Administration i
SUBJECT:
DRAFT REVISIONS TO 10 CFR PART 11
- Reference is made to Russell R. Rentschler's December 2,1982 memorandum, 1
subject as above, and its attached draft revisions to 10 CFR Part 11.
The Division of Security (SEC) has received a review of the revised sections 11.11(b),11.13(a), and 11.15(c) with regard to the practical effects of these sections on the access authorization eligibility of incumbents.
i Roy Voegeli, ELD, has advised us that a longstanding and favorable employment
-h record of an incumbent may or may not serve to mitigate a derogatory issue developed during the course of a "U" or "R" background investigation.
. Favorable resolution of a derogatory issue and the mitigatory factors used,
, depend on the nature of the derogatory issue raised. In summary, it is conceivable that Part 11 applicants may be denied "U" or "R" access authorizations notwithstanding their employment record and,- therefore, be
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found ineligible for employment or continued employment in a position requiring a material access authorization. SEC is in agreement with this interpretation.
Mr. Voegeli also pointed out a difference between the draft section 11.13(a),
where employment is sufficient to continue in a position until an access authorization is granted, and section 11.11(b) which requires an individual to possess an appropriate Federal security clearance in order to enter or continue in the position. This observation is made to insure that such differences in the rule have been considered.
As a result of recent discussions, SEC understands that SGFF is formulating new revisions to section 11.15(c), possibly allowing affected licensees the l option of following DOE's contractor reinvestigation program as an exception to following NRC renewal requirements. As DOE's program is appreciably
'different from any renewal ideas outlined to date, SEC is anxious to meet with your staff to explain these differences and how they may impact on your .
proposals. Also, SEC asks that SGFF present its current position as to the scope and intent of a revised ranewal program so we can provide suggestions
(. and/or modifications on the administrative, procedural and legal ramifications Lof this section.
8601090497 851223 PDR PR 11 50FR39076 PDR
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( C. N. Smith FEB 0 7198)
I recognize the time constraints imposed on your office in finalizing revisions to Part 11 and extend to you the assistance of my staff. I suggest that staff meet to resolve any outstanding issues, especially regarding section 11.15(c), and the new ideas currently under consideration by SGFF.
Please feel free to contact me on 42-74549 for any assistance on these matters.
Y k-Richard A. Dopp, Chief Security Policy Branch Division of Security Office of Administration cc: R. F. Burnett, SG R. J. Voegeli, ELD R. L. Fonner, ELD R. J. Brady, SEC
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