[Code of Federal Regulations]
[Title 10, Volume 2]
[Revised as of January 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 10CFR95.17]

[Page 546]
 
                            TITLE 10--ENERGY
                  (This book contains parts 51 to 199)
 
          CHAPTER I--NUCLEAR REGULATORY COMMISSION (Continued)
 
PART 95_FACILITY SECURITY CLEARANCE AND SAFEGUARDING OF NATIONAL 
SECURITY INFORMATION AND RESTRICTED DATA--Table of Contents
 
Sec. 95.17  Processing facility clearance.

    (a) Following the receipt of an acceptable request for facility 
clearance, the NRC will either accept an existing facility clearance 
granted by a current CSA and authorize possession of license or 
certificate related classified information, or process the facility for 
a facility clearance. Processing will include--
    (1) A determination based on review and approval of a Standard 
Practice Procedures Plan that granting of the Facility Clearance would 
not be inconsistent with the national interest, including a finding that 
the facility is not under foreign ownership, control, or influence to 
such a degree that a determination could not be made. An NRC finding of 
foreign ownership, control, or influence is based on factors concerning 
the foreign intelligence threat, risk of unauthorized technology 
transfer, type and sensitivity of the information that requires 
protection, the extent of foreign influence, record of compliance with 
pertinent laws, and the nature of international security and information 
exchange agreements. The licensee, certificate holder, or other person 
must advise the NRC within 30 days of any significant events or changes 
that may affect its status concerning foreign ownership, control, or 
influence (e.g., changes in ownership; changes that affect the company's 
answers to original FOCI questions; indebtedness; and changes in the 
required form that identifies owners, officers, directors, and executive 
personnel).
    (2) An acceptable security review conducted by the NRC;
    (3) Submitting key management personnel for personnel clearances 
(PCLs); and
    (4) Appointing a U.S. citizen employee as the facility security 
officer.
    (b) An interim Facility Clearance may be granted by the CSA on a 
temporary basis pending completion of the full investigative 
requirements.

[62 FR 17692, Apr. 11, 1997, as amended at 64 FR 15650, Apr. 1, 1999]