ML093350783
| ML093350783 | |
| Person / Time | |
|---|---|
| Issue date: | 12/24/2009 |
| From: | Wiggins J Office of Nuclear Security and Incident Response |
| To: | Marion A Nuclear Energy Institute |
| Resner, Mark NSIR/DSP 301-415-5949 | |
| Shared Package | |
| ML093380158 | List: |
| References | |
| LAW 109-13 | |
| Download: ML093350783 (2) | |
Text
December 24, 2009 Mr. Alex Marion Vice President, Nuclear Operations Nuclear Energy Institute 1776 I Street NW, Suite 400 Washington, DC 20006-3708
SUBJECT:
REAL ID ACT OF 2005 - TITLE II (PUBLIC LAW 109-13)
Dear Mr. Marion:
This letter responds to the concerns regarding escorted and unescorted access to nuclear power plants raised by industry representatives at the November 19, 2009, Nuclear Security Working Group meeting and updates you on the status of the Real ID Act of 2005 (the Act). As you may know, the Department of Homeland Security (DHS) has commented previously that NRC [Nuclear Regulatory Commission]-supervised programs may set forth alternative procedures or acceptable forms of identification for persons seeking access to a nuclear facility (73 Fed. Reg. 5287, 01/29/08). Following the November 19, 2009, Nuclear Security Working Group meeting, my staff discussed the Act with the Director, Office of State-Issued ID Support, DHS, on November 24, 2009. My staff and I are confident that current NRC regulations in Title 10 of the Code of Federal Regulations (10 CFR), sections 73.55, 73.56, and 73.57 covering personnel access authorization requirements for nuclear power plants, and NEI 03-01 (Nuclear Power Plant Access Authorization Program) guidance provide sufficient flexibility and alternatives to the reliance on State-issued drivers licenses and personal identification cards to verify the true identity of individuals requesting access to nuclear plants.
If enforced on the planned full compliance implementation date of May 11, 2011, the Act would prohibit Federal facilities from accepting, for any official purpose, a driver's license or identification card issued by a state to any person unless the state is meeting the requirements of Title II of the Act - Improved Security For Drivers' Licenses and Personal Identification Cards.
More specifically, the Act defines official purpose as includes but is not limited to accessing Federal facilities, boarding federally-regulated commercial aircraft, entering nuclear power plants, and other purposes that the Secretary [Secretary, DHS] shall determine.
In the interim, by letter dated September 18, 2009, to the Governors of all States, the DHS Secretary extended the deadline for States to submit requests for extensions to material compliance with the Act until December 1, 2009. This was to allow Congress time to complete its work on S. 1261 (the PASS ID Act) which will replace the Real ID Act. DHS considers the PASS ID Act to be the best path forward for strengthening the security of State-issued drivers licenses and non-driver identification cards. However, Congress has yet to enact the PASS ID Act, and on December 18, 2009, DHS released a statement that it is extending the December 31, 2009, deadline for material compliance with the Act In order to ensure that the millions of Americans traveling this holiday season are not disrupted. DHS has indicated that States meeting certain material compliance benchmarks will receive extensions of compliance with the Real ID Act until May 10, 2011. DHS is reviewing State extension requests at this time.
If the extension requests noted above are approved as expected, then the State-issued drivers licenses would continue to be a valid form of identification. Moreover, my staff continues to be in close coordination with DHS regarding the Act and its implications for access to nuclear power plants. We will update you as appropriate.
In accordance with 10 CFR 2.790 of the NRCs Rules of Practice, a copy of this letter will be available electronically for public inspection in the NRC Public Document Room or from the NRC Agencywide Documents Access and Management System (ADAMS). ADAMS is accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html.
Sincerely,
/RA/ B. Dean for James T. Wiggins, Director Office of Nuclear Security and Incident Response cc: M. Fertel, NEI
If the extension requests noted above are approved as expected, then the State-issued drivers licenses would continue to be a valid form of identification. Moreover, my staff continues to be in close coordination with DHS regarding the Act and its implications for access to nuclear power plants. We will update you as appropriate.
In accordance with 10 CFR 2.790 of the NRCs Rules of Practice, a copy of this letter will be available electronically for public inspection in the NRC Public Document Room or from the NRC Agencywide Documents Access and Management System (ADAMS). ADAMS is accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html.
Sincerely,
/RA/ B. Dean for James T. Wiggins, Director Office of Nuclear Security and Incident Response cc: M. Fertel, NEI DISTRUBUTION:
DSP r/f RidsEdoMailCenter RidsNrrOd Resource RidsNsirMailCenter Resource RidsRgn1MailCenter Resource RidsRgn2MailCenter Resource RidsRgn3MailCenter Resource RidsRgn4MailCenter Resource ADAMS ACCESSION NO. ML093350783 OFFICE LCLSP/GCLR /OGC/
ISCPB/DDRS/DSP/NSIR DSP/NSIR NSIR NSIR NAME S. Crockett E-mail attached M. Resner R. Correia B. Dean B. Dean for J. Wiggins DATE 12/10/09 12/23/09 12/23/09 12/24/09 12/24/09 OFFICIAL RECORD COPY