6. BACKGROUND INVESTIGATIONS FOR UNESCORTED ACCESS TO SPENT NUCLEAR FUEL IN TRANSIT This chapter provides guidance on the U.S. Nuclear Regulatory Commission (NRC) requirements for granting and controlling unescorted access to shipments of spent nuclear fuel (SNF). Before granting an individual unescorted access to SNF in transit, the licensee shall complete a background investigation of the individual, in accordance with 10 CFR 73.38, “Personnel Access Authorization Requirements for Irradiated Reactor Fuel in Transit,” to determine if the individual is trustworthy and reliable. The requirements of 10 CFR 73.38 apply to vehicle operators, escorts, and any other individuals accompanying the SNF shipment during transport, as well as to movement control center personnel, reviewing officials, background screeners, and any other access authorization program personnel. The licensee is solely responsible for granting and controlling unescorted access to SNF in transit. The licensee should use any information obtained as part of a criminal history records check solely for the purpose of determining an individual’s suitability for unescorted access to SNF in transit. Section 73.38(j) requires licensees, contractors, and vendors to develop, implement, and maintain written procedures for conducting background investigations for individuals applying for unescorted access to SNF or for reinstatement of unescorted access, and for individuals denied unescorted access. The scope of the background investigation must include the previous 10 year period, or if 10 years of information is not available, then as many years in the past in which information is available, as required by 10 CFR 73.38(d). 6.1. Informed Consent Before initiating an individual’s background investigation for unescorted access, the licensee must inform the individual and obtain the individual’s written consent in accordance with 10 CFR 73.38(d)(1). The individual shall be informed of the types of records that may be produced and retained, where these records are normally maintained, and the duration of records retention. The individual also shall be informed of his or her right to review the information and to ensure its accuracy and completeness, as well as to whom and under what circumstances the information may be released. An individual may withdraw consent to a background investigation at any time. When an individual withdraws consent, all processing must cease as soon as practical. Withdrawal of consent is the same as withdrawal of the application for unescorted access. 6.2. Protection of Information In accordance with the requirements of 10 CFR 73.38(f), licensees are required to protect information collected while performing a criminal history records check and background investigation. The following are guidelines for the protection of information:
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