ML090350140
| ML090350140 | |
| Person / Time | |
|---|---|
| Issue date: | 03/17/2009 |
| From: | Correia R Division of Security Policy |
| To: | Roe J Nuclear Energy Institute |
| Brochman P NSIR/DSP 301-415-6557 | |
| Shared Package | |
| ML090340147 | List: |
| References | |
| Download: ML090350140 (3) | |
Text
OFFICIAL USE ONLY - SECURITY-RELATED INFORMATION OFFICIAL USE ONLY - SECURITY-RELATED INFORMATION March 17, 2009 Mr. Jack W. Roe, Director, Security and Operations Support Nuclear Energy Institute 1776 I St. NW, Suite 400 Washington, DC 20006
SUBJECT:
WEAPONS SAFETY ASSESSMENT PILOT PROGRAM
Dear Mr. Roe:
On behalf of the U.S. Nuclear Regulatory Commission (NRC), I am writing to provide further information to the Nuclear Energy Institute (NEI) and its members regarding the concept of conducting a pilot program on the NRCs proposed new Weapons Safety Assessment (WSA) process. As you are aware, the NRC and the U.S. Department of Justice are developing the Firearms Guidelines required by Section 161A of the Atomic Energy Act of 1954, as amended (AEA), in order for certain licensees or certificate holders to obtain enhanced weapons (i.e.,
weapons such as machineguns that must be registered under the National Firearms Act). The Firearms Guidelines are expected to require the completion of a WSA as part of a licensees application to obtain enhanced weapons. Consistent with the draft Firearms Guidelines, the NRC is also developing proposed regulations that will establish a process for certain licensees and certificate holders to apply to the NRC to obtain enhanced weapons. The NRC intends to issue these proposed regulations for public comment in the near future. In conjunction with the rulemaking, the NRC also intends to issue draft regulatory guidance documents either for public comment or for comment by a limited group of cleared stakeholders, as appropriate.
Because the NRC staff has limited experience in evaluating the types of weapons issues and safety interactions that may result from the deployment of enhanced weapons, we intend to conduct a pilot of the WSA process at a small number of licensed facilities, incorporate any lessons-learned into the draft document, and then issue the draft document for formal stakeholder comment. We would like to pilot the WSA process at two different types of facilities (two power reactor licensees and one Category I SSNM licensee) in order to evaluate the different implementation and information security issues that may arise at different classes of facilities. My staff in the Division of Security Policy had introduced the concept of conducting a pilot of the WSA process in a public meeting on firearms background checks in September 2008, and in a December 2008 meeting with NEIs Nuclear Security Working Group.
At this point, we are seeking your assistance in identifying two specific power-reactor licensees who would be interested in participating in this pilot effort. The NRC has already identified a candidate for the Category I SSNM licensee. Accordingly, we have an enclosed a copy of the draft WSA process to facilitate your discussions with interested licensees. We suggest a public meeting at NRC headquarters with interested licensees to discuss this concept further.
When separated from the Enclosures, this document is DECONTROLLED.
OFFICIAL USE ONLY - SECURITY-RELATED INFORMATION J. Roe 2
OFFICIAL USE ONLY - SECURITY-RELATED INFORMATION The enclosed draft WSA guidance document must be controlled as Official Use Only - Security-Related Information, because it contains information on specific weapons performance characteristics. Therefore, only stakeholders who have a need to know will have an opportunity to review and comment on the draft WSA guidance document. For purposes of access to the draft WSA document, the NRC considers individuals with a need to know to be licensees or certificate holders who will be responsible for implementing and/or complying with the proposed requirements, or those persons assisting those NRC licensees or certificate holders in implementing and/or complying with any proposed requirements. Additionally, the NRC has determined that NEI has the requisite need to know based on its demonstrated ability to assist NRC licensees and certificate holders in planning and designing protective strategies to meet NRC security requirements. Additionally, the NRC also considers that Federal agencies and State governments, with power reactor licensees or Category I strategic special nuclear material (SSNM) licensees located within their state, have the requisite need to know. The NRC will handle any other requests for the draft WSA guidance document on a case-by-case basis. The draft WSA guidance document was developed by the U.S. Army Corps of Engineers under contract for the NRC and is based upon a similar analysis used by another U.S. government agency that employs machineguns as part of the defensive systems for protecting critical national-infrastructure installations.
As we have noted above, we are not seeking comment on the enclosed draft WSA guidance document at this time. The proposed rule, associated draft regulatory guidance documents, and the weapons safety assessment document will be offered for comment, as appropriate, in the future.
If you have any questions on this matter, please contact Mr. Scott Morris, Deputy Director for Reactor Security at 301-415-7083 or e-mail Scott.Morris@nrc.gov. Thank you for your assistance.
Sincerely, Richard P. Correia, Director /RA/
Division of Security Policy Office of Nuclear Security and Incident Response
Enclosures:
Draft WSA guidance, Vols. 1 - 5 (Contains OUO Information)
OFFICIAL USE ONLY - SECURITY-RELATED INFORMATION J. Roe 2
OFFICIAL USE ONLY - SECURITY-RELATED INFORMATION The enclosed draft WSA guidance document must be controlled as Official Use Only - Security-Related Information, because it contains information on specific weapons performance characteristics. Therefore, only stakeholders who have a need to know will have an opportunity to review and comment on the draft WSA guidance document. For purposes of access to the draft WSA document, the NRC considers individuals with a need to know to be licensees or certificate holders who will be responsible for implementing and/or complying with the proposed requirements, or those persons assisting those NRC licensees or certificate holders in implementing and/or complying with any proposed requirements. Additionally, the NRC has determined that NEI has the requisite need to know based on its demonstrated ability to assist NRC licensees and certificate holders in planning and designing protective strategies to meet NRC security requirements. Additionally, the NRC also considers that Federal agencies and State governments, with power reactor licensees or Category I strategic special nuclear material (SSNM) licensees located within their state, have the requisite need to know. The NRC will handle any other requests for the draft WSA guidance document on a case-by-case basis. The draft WSA guidance document was developed by the U.S. Army Corps of Engineers under contract for the NRC and is based upon a similar analysis used by another U.S. government agency that employs machineguns as part of the defensive systems for protecting critical national-infrastructure installations.
As we have noted above, we are not seeking comment on the enclosed draft WSA guidance document at this time. The proposed rule, associated draft regulatory guidance documents, and the weapons safety assessment document will be offered for comment, as appropriate, in the future.
If you have any questions on this matter, please contact Mr. Scott Morris, Deputy Director for Reactor Security at 301-415-7083 or e-mail Scott.Morris@nrc.gov. Thank you for your assistance.
Sincerely, Richard P. Correia, Director /RA/
Division of Security Policy Office of Nuclear Security and Incident Response
Enclosures:
Draft WSA guidance, Vols. 1 - 5 (Contains OUO Information)
DISTRIBUTION:
RidsNsirDsp RidsNsirOd DDorman JGitter KRamsey SUNSI Review performed by: P. Brochman G:\\DSP Staff\\Brochman\\Guidance\\Ltr to NEI on WSA pilot.doc ADAMS Package # ML090340147 ADAMS Accession # ML090350140
- See previous concurrence
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Sensitive x Non-Sensitive OFC:
MWISB RSRLB DDMS DDRS OGC DSP: D NAME:
PBrochman*
ATardiff*
RCaldwell*
SMorris*
JZorn*
RCoreia DATE:
02/27/09 02/27/09 02/27/09 02/27/09 03/06/09 03/17/09 OFFICIAL RECORD COPY