ML11189A115

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Manufacturing and Distribution Licensees
ML11189A115
Person / Time
Issue date: 08/24/2011
From: Mcginty T, Reis T
NRC/FSME/DMSSA, Division of Policy and Rulemaking
To:
Shared Package
ML11189A068 List:
References
RIS-02-012M, Rev 1
Download: ML11189A115 (5)


See also: RIS 2002-12M

Text

OFFICIAL USE ONLY - SECURITY-RELATED INFORMATION

U.S. NUCLEAR REGULATORY COMMISSION

OFFICE OF NUCLEAR REACTOR REGULATION

OFFICE OF FEDERAL AND STATE MATERIALS AND

ENVIRONMENTAL MANAGEMENT PROGRAMS

WASHINGTON, DC 20555-0001

August 24, 2011

NRC REGULATORY ISSUE SUMMARY 2002-12M,

REVISION 1

MANUFACTURING AND DISTRIBUTION LICENSEES

NRC THREAT ADVISORY AND PROTECTIVE MEASURES SYSTEM

ADDRESSEES

Licensees authorized to manufacture or initially transfer items containing radioactive material for

sale or distribution and possess certain high-risk radioactive materials of concern.

INTENT

The U.S. Nuclear Regulatory Commission (NRC) previously issued guidance about the

U.S. Department of Homeland Securitys (DHSs) Homeland Security Advisory System (HSAS)

to certain groups of NRC licensees in Regulatory Issue Summary (RIS) 2002-12M,

Manufacturing and Distribution Licensees, NRC Threat Advisory and Protective Measures

System, dated January 12, 2004. The NRC is issuing this revised RIS to identify a change in

the implementation of the HSAS as outlined in Homeland Security Presidential Directive

(HSPD)-3, Homeland Security Advisory System, dated March 11, 2002, and HSPD-5,

Management of Domestic Incidents, dated February 28, 2003, for the addressees above who

received RIS 2002-12M. The change is required by Presidential Policy Directive (PPD)-7,

National Terrorism Advisory System (NTAS), dated January 26, 2011 (Enclosure 1

(Agencywide Documents Access and Management System Accession No. ML11188A030)).

This RIS will supersede RIS 2003-16, NRC Threat Advisory and Protective Measures System,

dated October 7, 2003; RIS 2005-12, Transportation of Radioactive material Quantities of

Concern, NRC Threat Advisory and Protective Measures System, dated July 11, 2005; and

Information Notice 2009-08, NRC Rapid Change Notification of Licensees Following a Physical

Attack against a Facility, dated May 8, 2009. This RIS requires no action or written response

on the part of any addressee.

NOTICE: Enclosure 2 to the RIS contains Security-Related Information. Upon separation

from Enclosure 2, this RIS is DECONTROLLED.

ML11189A115

OFFICIAL USE ONLY - SECURITY-RELATED INFORMATION

OFFICIAL USE ONLY - SECURITY-RELATED INFORMATION

RIS 2002-12M, Rev. 1

Page 2 of 4

BACKGROUND

On March 11, 2002, then-President George W. Bush signed HSPD-3, creating the HSAS, which

was a graduated, color-coded threat advisory system to alert government authorities at all

levels, private-sector stakeholders, and the general public about the risk of terrorist attacks.

The HSAS consisted of five levels ranging from the lowest threat level Green, to the most

severe, Red. Based on HSPD-3, the NRC issued regulatory issue summaries to inform NRC

licensees of the descriptions of the various threat advisory conditions and provide guidance to

NRC licensees about the preplanning of graded protective measures to respond to changes in

the threat environment.

On January 26, 2011, President Barack Obama issued PPD-7 which reaffirmed the need for a

strong effective national-level advisory system and directed DHS to establish a new threat

advisory system to replace the HSAS.

The NTAS has replaced the previous color-coded threat levels with a two-tiered advisory

system designed to provide timely and relevant terrorist threat information to affected

government, private-sector, and public stakeholders, as appropriate and in accordance with

classification levels. The NTASs two threat levels are Elevated Alert and Imminent Alert.

An Elevated Alert warns of a credible terrorist threat against the United States and its

territories that is general in both timing and target, or details significant trends and

developments in terrorism such that it is reasonable to recommend implementation of protective

measures to thwart or mitigate an attack.

An Imminent Alert warns of a credible, specific, and impending terrorist threat against the

United States and its territories that is sufficiently specific and credible to recommend

implementation of protective measures to thwart or mitigate an attack.

In the event that DHS issues an NTAS Alert, licensees should consider this RIS as notification

by the Commission. Accordingly, the NRC recommends that licensees respond to the NTAS

Alert in a manner consistent with the guidance enclosed with this RIS. The Commission may

provide licensees with supplementary information, as warranted, when DHS issues changes to

the national threat level.

BACKFIT DISCUSSION

This RIS does not require any action or written response or any modification to plant structures,

systems, components, or designs; therefore, the staff did not perform a backfit analysis.

OFFICIAL USE ONLY - SECURITY-RELATED INFORMATION

OFFICIAL USE ONLY - SECURITY-RELATED INFORMATION

RIS 2002-12M, Rev. 1

Page 3 of 4

FEDERAL REGISTER NOTIFICATION

A notice of opportunity for public comment was not published in the Federal Register because

this RIS is informational and pertains to a staff position that does not represent a departure from

current regulatory requirements and practice.

CONGRESSIONAL REVIEW ACT

The NRC has determined that the RIS is not a rule as designated by the Congressional Review

Act (5 U.S.C. §§ 801-808) and, therefore, is not subject to the Act.

PAPERWORK REDUCTION ACT STATEMENT

This RIS references information collection requirements that are subject to the Paperwork

Reduction Act of 1995 (44 U.S.C. 3501 et seq.). These information collection requirements

were approved by the Office of Management and Budget (OMB), approval number 3150-0002.

PUBLIC PROTECTION NOTIFICATION

The NRC may not conduct or sponsor, and a person is not required to respond to, a request for

information or an information collection requirement unless the requesting document displays a

currently valid OMB control number.

OFFICIAL USE ONLY - SECURITY-RELATED INFORMATION

OFFICIAL USE ONLY - SECURITY-RELATED INFORMATION

RIS 2002-12M, Rev. 1

Page 4 of 4

CONTACT

Please direct any questions about this matter to the technical contact listed below.

/RA by JLuehman/ /RA/

Terrence Reis, Acting Director, Timothy J. McGinty, Director

Division of Materials Safety Division of Policy and Rulemaking

and State Agreements Office of Nuclear Reactor Regulation

Office of Federal and State Materials

and Environmental Management Programs

Technical Contact: Joseph H. Willis

NSIR/DSO/DDSO/RSOB

(301) 415-6869

E-mail: joseph.willis@nrc.gov

Enclosures:

1. PPD-7, National Terrorism Advisory System (NTAS)

2. Threat Conditions and Specific Actions for Manufacturing and Distribution Materials

Licensees

Enclosure 2 will not be released to the public because it contains Official Use Only - Security-

Related Information.

Note: NRC generic communications may be found on the NRC Public Web site,

http://www.nrc.gov, under NRC Library/Document Collections.

OFFICIAL USE ONLY - SECURITY-RELATED INFORMATION

OFFICIAL USE ONLY - SECURITY-RELATED INFORMATION

RIS 2002-12M, Rev 1

Page 4 of 4

CONTACT

Please direct any questions about this matter to the technical contact listed below.

/RA by JLuehman/ /RA/

Terrence Reis, Acting Director, Timothy J. McGinty, Director

Division of Materials Safety Division of Policy and Rulemaking

and State Agreements Office of Nuclear Reactor Regulation

Office of Federal and State Materials

and Environmental Management Programs

Technical Contact: Joseph H. Willis

NSIR/DSO/DDSO/RSOB

(301) 415-6869

E-mail: joseph.willis@nrc.gov

Enclosures:

1. PPD-7, National Terrorism Advisory System (NTAS)

2. Threat Conditions and Specific Actions for Manufacturing and Distribution Materials

Licensees

Enclosure 2 will not be released to the public because it contains Official Use Only - Security-

Related Information.

Note: NRC generic communications may be found on the NRC Public Web site,

http://www.nrc.gov, under NRC Library/Document Collections.

ADAMS ACCESSION NO: ML11189A068 RIS: ML11189A115 Enclosure 2: ML11189A116 *via e-mail

OFFICE NSIR/DSO/RSOB Tech Editor NSIR/DSP/MWISB NSIR/DSP NSIR/DSO

BMcDermott (MLayton

NAME JWillis* KAzariah-Kribbs* SWastler PHolahan

for)

DATE 8/18/11 7/20/11 7/18/11 7/21/11 7/13/11

OFFICE FSME/NMPD/SMPB OE NRR/PMDA OIS OGC (NLO)

NAME AGiantelli NHilton* (SWoods for) LHill* TDonnell* NStAmour*

DATE 7/19/11 8/2/11 7/18/11 7/19/11 8/1/11

OFFICE NRR/DPR/LA NRR/DPR/PGCB NRR/DPR/PGCB/BC FSME/DMSSA NRR/DPR

NAME CHawes TMensah (ARussell for) SRosenberg TReis (JLuehman for) TMcGinty

DATE 8/18/11 8/18/11 8/19/11 8/22/11 8/24/11

OFFICIAL RECORD COPY

OFFICIAL USE ONLY - SECURITY-RELATED INFORMATION