Voglio sapere a riguardo di…

7890

Federal Register / Vol. 86, No. 20 / Tuesday, February 2, 2021 / Notices
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 NRC
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.

jbell on DSKJLSW7X2PROD with NOTICES

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 Security Branch, Mailstop: 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 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.

VerDate Sep<11>2014

19:08 Feb 01, 2021

Jkt 253001

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 above, 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
above, 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 above, 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 provided. Those conditions may include, but are not limited to, the signing of a Non-Disclosure Agreement or Affidavit, or Protective Order 6 by 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.
6 Any motion for Protective Order or draft NonDisclosure Agreement or Affidavit for SGI must be filed with the presiding officer or the Chief Administrative Judge if the presiding officer has not yet been designated, within 180 days of the deadline for the receipt of the written access request.

PO 00000

Frm 00051

Fmt 4703

Sfmt 4703

each individual who will be granted access to SGI.
H. Release and Storage of SGI. Prior to providing SGI to the requestor, the NRC staff will conduct as necessary an inspection to confirm that the recipients information protection system is sufficient to satisfy the requirements of 10 CFR 73.22.
Alternatively, recipients may opt to view SGI at an approved SGI storage location rather than establish their own SGI protection program to meet SGI
protection requirements.
I. Filing of Contentions. Any contentions in these proceedings that are based upon the information received as a result of the request made for SUNSI or SGI must be filed by the requestor no later than 25 days after receipt of or access to that information.
However, if more than 25 days remain between the petitioners receipt of or access to the information and the deadline for filing all other contentions as established in the notice of hearing or opportunity for hearing, the petitioner may file its SUNSI or SGI
contentions by that later deadline.
J. Review of Denials of Access.
1 If the request for access to SUNSI
or SGI is denied by the NRC staff either after a determination on standing and requisite need, or after a determination on trustworthiness and reliability, the NRC staff shall immediately notify the requestor in writing, briefly stating the reason or reasons for the denial.
2 Before the Office of Administration makes a final adverse determination regarding the trustworthiness and reliability of the proposed recipients for access to SGI, the Office of Administration, in accordance with 10 CFR 2.336f1iii, must provide the proposed recipients any records that were considered in the trustworthiness and reliability determination, including those required to be provided under 10 CFR
73.57e1, so that the proposed recipients have an opportunity to correct or explain the record.
3 The requestor may challenge the NRC staffs adverse determination with respect to access to SUNSI or with respect to standing or need to know for SGI by filing a challenge within 5 days of receipt of that determination with: a The presiding officer designated in this proceeding; b if no presiding officer has been appointed, the Chief Administrative Judge, or if he or she is unavailable, another administrative judge, or an Administrative Law Judge with jurisdiction pursuant to 10 CFR
2.318a; or c if another officer has been designated to rule on information access issues, with that officer.

E:FRFM02FEN1.SGM

02FEN1