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Federal Register / Vol. 86, No. 103 / Tuesday, June 1, 2021 / Notices
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that could be harmed by the action identified in C.1;
3 If the request is for SUNSI, the identity of the individual or entity requesting access to SUNSI and the requestors basis for the need for the information in order to meaningfully participate in this adjudicatory proceeding. In particular, the request must explain why publicly available versions of the information requested would not be sufficient to provide the basis and specificity for a proffered contention; and 4 If the request is for SGI, the identity of each individual who would have access to SGI if the request is granted, including the identity of any expert, consultant, or assistant who will aid the requestor in evaluating the SGI.
In addition, the request must contain the following information:
a A statement that explains each individuals need to know the SGI, as required by 10 CFR 73.2 and 10 CFR
73.22b1. Consistent with the definition of need to know as stated in 10 CFR 73.2, the statement must explain:
i Specifically why the requestor believes that the information is necessary to enable the requestor to proffer and/or adjudicate a specific contention in this proceeding; 2 and ii The technical competence demonstrable knowledge, skill, training or education of the requestor to effectively utilize the requested SGI to provide the basis and specificity for a proffered contention. The technical competence of a potential party or its counsel may be shown by reliance on a qualified expert, consultant, or assistant who satisfies these criteria.
b A completed Form SF85, Questionnaire for Non-Sensitive Positions, for each individual who would have access to SGI. The completed Form SF85 will be used by the Office of Administration to conduct the background check required for access to SGI, as required by 10 CFR
part 2, subpart C, and 10 CFR
73.22b2, to determine the requestors trustworthiness and reliability. For security reasons, Form SF85 can only be submitted electronically through the Electronic Questionnaires for Investigations Processing website, a secure website that is owned and 2 Broad SGI requests under these procedures are unlikely to meet the standard for need to know;
furthermore, NRC staff redaction of information from requested documents before their release may be appropriate to comport with this requirement.
These procedures do not authorize unrestricted disclosure or less scrutiny of a requestors need to know than ordinarily would be applied in connection with an already admitted contention or non-adjudicatory access to SGI.

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operated by the Defense Counterintelligence and Security Agency DCSA. To obtain online access to the form, the requestor should contact the NRCs Office of Administration at 3014153710.3
c A completed Form FD258
fingerprint card, signed in original ink, and submitted in accordance with 10
CFR 73.57d. Copies of Form FD258
will be provided in the background check request package supplied by the Office of Administration for each individual for whom a background check is being requested. The fingerprint card will be used to satisfy the requirements of 10 CFR part 2, subpart C, 10 CFR 73.22b1, and Section 149 of the Atomic Energy Act of 1954, as amended, which mandates that all persons with access to SGI must be fingerprinted for an Federal Bureau of Investigation identification and criminal history records check.
d A check or money order payable in the amount of $326.00 4 to the U.S.
Nuclear Regulatory Commission for each individual for whom the request for access has been submitted.
e If the requestor or any individuals who will have access to SGI believes they belong to one or more of the categories of individuals that are exempt from the criminal history records check and background check requirements in 10 CFR 73.59, the requestor should also provide a statement identifying which exemption the requestor is invoking and explaining the requestors basis for believing that the exemption applies. While processing the request, the Office of Administration, Personnel Security Branch, will make a final determination whether the claimed exemption applies.
Alternatively, the requestor may contact the Office of Administration for an evaluation of their exemption status prior to submitting their request.
Persons who are exempt from the background check are not required to complete the SF85 or Form FD258;
however, all other requirements for access to SGI, including the need to know, are still applicable.
Note: Copies of documents and materials required by paragraphs C.4b, c, and d of this Order must be sent to the following address: U.S.
Nuclear Regulatory Commission, Office of Administration, ATTN: Personnel 3 The requestor will be asked to provide his or her full name, social security number, date and place of birth, telephone number, and email address.
After providing this information, the requestor usually should be able to obtain access to the online form within one business day.
4 This fee is subject to change pursuant to the DCSAs adjustable billing rates.

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Security Branch, Mail Stop TWFN
07D04M, 11555 Rockville Pike, Rockville, MD 20852.
These documents and materials should not be included with the request letter to the Office of the Secretary, but the request letter should state that the forms and fees have been submitted as required.
D. To avoid delays in processing requests for access to SGI, the requestor should review all submitted materials for completeness and accuracy including legibility before submitting them to the NRC. The NRC will return incomplete packages to the sender without processing.
E. Based on an evaluation of the information submitted under paragraphs C.3 or C.4, as applicable, the NRC
staff will determine within 10 days of receipt of the request whether:
1 There is a reasonable basis to believe the petitioner is likely to establish standing to participate in this NRC proceeding; and 2 The requestor has established a legitimate need for access to SUNSI or need to know the SGI requested.
F. For requests for access to SUNSI, if the NRC staff determines that the requestor satisfies both E.1 and E.2, the NRC staff will notify the requestor in writing that access to SUNSI has been granted. The written notification will contain instructions on how the requestor may obtain copies of the requested documents, and any other conditions that may apply to access to those documents. These conditions may include, but are not limited to, the signing of a Non-Disclosure Agreement or Affidavit, or Protective Order setting forth terms and conditions to prevent the unauthorized or inadvertent disclosure of SUNSI by each individual who will be granted access to SUNSI.5
G. For requests for access to SGI, if the NRC staff determines that the requestor has satisfied both E.1 and E.2, the Office of Administration will then determine, based upon completion of the background check, whether the proposed recipient is trustworthy and reliable, as required for access to SGI by 10 CFR 73.22b. If the Office of Administration determines that the individual or individuals are trustworthy and reliable, the NRC will promptly notify the requestor in writing.
The notification will provide the names of approved individuals as well as the conditions under which the SGI will be 5 Any motion for Protective Order or draft NonDisclosure Affidavit or Agreement for SUNSI must be filed with the presiding officer or the Chief Administrative Judge if the presiding officer has not yet been designated, within 30 days of the deadline for the receipt of the written access request.

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