ML14203A081
| ML14203A081 | |
| Person / Time | |
|---|---|
| Issue date: | 10/09/2013 |
| From: | NRC/FSME |
| To: | Nuclear Energy Institute |
| Quinones E | |
| References | |
| Download: ML14203A081 (6) | |
Text
Question Staff Answer 1 In the FR notice II.A.3-(16925) The NRC staff proposed a direct final rule to the Commission When the NRC rescinds the (SECY-13-0045) that would remove the Safeguards Information -
orders for NRC Licensees, will the Modified Handling (SGI-M) designation of security-related orders be declassified from SGI- information. The direct final rule applies to any panoramic and M at that time? Also will the underwater irradiator licensees that possess more than 370 TBq declassification have an impact (10,000 Ci) of radioactive material, Manufacturing and Distribution on Agreement State Licensees (M&D) licensees, and any licensee that transports small quantities of that may have similar orders that irradiated reactor fuel that weigh 100 grams or less in net weight or are not rescinded at the same category 1 quantities of byproduct material whether the facility is time? licensed by the NRC or an Agreement State. Irradiated fuel consists of spent fuel pellets, and does not include low levels of Will the NRC list the NRC orders contamination on equipment, samples, or in low level waste.
that are being rescinded by Part 37 one year after the final The rule package was approved by the Commission in SRM-SECY-publication date? (78 FR16925) 13-0045 on August 6, 2013 (ML13225A473). NRC will provide additional guidance on disposition of SGI-M material. Once the rule is effective, the NRC will rescind the orders by issuing letters to the licensees that received orders. The implementation plan that was included in SECY-11-0170 provides tables that list the orders the agency planned to rescind.
Agreement State licensees will continue to be subject to the SGI-M provisions of the orders until the NRC rescinds the orders after the Agreement State adopts the provisions of 10 CFR Part 37. Once an Agreement State adopts the requirements of 10 CFR Part 37 and the provisions are effective in the State, the NRC will rescind all security orders for the licensees in that State.
2 In the FR notice II.A.11- The The question (78 FR16927 II.A.11) asks when the final rule will be reference to Licensees in an effective. NRC licensees must comply with the final rule for 10 CFR Agreement State is applicable to Part 37 one year after its publication date which was March 19, 10 CFR Part 30 Licensees and 2013. Therefore, if your possession of byproduct material is not 10 CFR Part 50, 52 Licensees authorized by an NRC license, you are required to be in compliance whose license also authorizes with Part 37 by March 19, 2014.
use of Part 30, 40, and 70 material. Please confirm since the The Agreement States are required to issue compatible Agreement States have three requirements within 3 years of the publication date of the final rule years to issue compatible (March 2016). If your possession of byproduct material is authorized requirements. by an Agreement State license, you must comply with the compatible requirements of that Agreement State on the date specified by the Agreement State.
3 Question #3 Note: The NRC staff is addressing questions 3, 4, 8, 9, 10 and FRN II.A.4 (16925)-Does the 11 in a single consolidated response because the questions are NRC expect the reactor security very similar and all pertain to the exemption language in plan required by part 73 to §37.11(b).
include specific requirements related to radiography sources, Security Plans - 10 CFR 37.11(b) provides that any licensees NRC-Category 1 and 2 sources, etc. licensed activities are exempt from the requirements of subparts B and C of this part to the extent that its activities are included in a security plan required by 10 CFR Part 73 (Part 73) of this chapter.
Page 1 of 6
Question #4 Therefore the licensee can choose to protect risk-significant (IAEA Part 37.11(b) - Is the expectation Category 1 and 2) byproduct material (hereafter referred to as risk based on the requirement that the significant byproduct material) using a Part 73 physical security plan Licensees Physical Security Plan (Part 73 plan) approved by the NRC, or in a separate 10 CFR 37 (required by part 73) include security plan (Part 37 plan). If the licensee is using its Part 73 plan elements of the requirements to secure materials, he should document how they are protected from part 37 subparts B and C? against theft and diversion.
Question #8 Part 73 Security Plans - If a licensee chooses to protect the material Part 37.11(b) - I am a Part 50, 52 using a Part 73 plan, then the licensee must revise the Part 73 plan licensee and have a dosimetry and procedures to include protection of risk significant byproduct calibrator that is greater than a material (since most Part 73 plans are only designed to protect category 2 quantity stored inside special nuclear material). If revisions are made to a Part 73 plan, the of my protective area. What do I updates must be submitted to NRC in accordance with §50.54, and need to do to meet the exemption §70.32, as applicable. The documentation should identify the 10 requirements of this section? CFR Part 73 protective measures that are being credited (e.g.,
background investigations, access controls, and physical protection Question #9 (such as access controls, physical barriers, intrusion alarms, Part 37.11(b) - I am a Part 50, 52 weapons, tactical response).
licensee and have a dosimetry calibrator that is greater than a category 2 quantity stored outside Under a Part 73 plan, the level of effort required to ensure equivalent of my protective area but inside of protection to Part 37 requirements will depend on the location of the the owner controlled area. What material and how that location equates with the security zones do I need to meet the exemption described in 10 CFR §37.47, as well as the security measures that requirements of this section? are in place for that location. Generally, if risk significant byproduct material is inside the protected area (PA) of a power reactor, ISFSI Question #10 or Category I SNM facility, the existing physical security measures Please explain NRCs required by Part 73 for the PA would provide protection equivalent expectations for licensees with to or greater than that required by the10 CFR Part 37 performance Part 73 security programs that requirements.
elect to protect Category 1 and 2 materials under their Part 73 However, if the risk significant byproduct material is outside the PA, security programs. How does a Part 73 plan is not likely to provide equivalent protection (unless NRC envision this being substantially modified to meet the performance requirements of 10 implemented - please discuss CFR Part 37). If using a modified Part 73 plan for areas outside the any expectations for updates to PA, the modified plan must provide documentation describing how physical security plans. Please the plan provides a level of protection equivalent to 10 CFR Part 37, discuss which elements of Part Subparts B and C. Licensees would also have the option of moving 73 would be sufficient to the risk-significant material into the PA.
implement.
Part 37 Security Plans Question #11 Physical protection under Part 73 In lieu of a modified Part 73 plan, licensees may choose to develop a is not the same for all licensees 10 CFR Part 37 security plan (Part 37 plan). A Part 37 plan may (e.g. power reactors and fuel incorporate by reference, and take credit for, the protective cycle facilities). Will licensees measures of a Part 73 plan (thereby eliminating the need to revise a that elect to protect Category 1 Part 73 plan to include protection of risk significant quantities of and 2 materials under Part 73 be byproduct material).
afforded flexibility with respect to the different levels of protection Part 37 plans that do not rely on a revised Part 73 plan shall contained within the regulations? establish, describe, and document the protective measures Page 2 of 6
necessary to achieve the performance objectives of Part 37 plans are not required to be submitted to NRC.
Note 1: Activated material is defined as neutron irradiated objects (objects internally contaminated with radioactive material are not considered activated materials).
Note 2: Large area surface contamination (e.g., in a reactor building) is not included in the determination of aggregated material, since this material is not subject to theft in quantities exceeding Category 1 or 2 quantities.
Removal of Radioactive Material from Security Zones Security plans should address temporary security arrangements for removal of risk significant byproduct material from security zones and establishment of temporary security zones. Location of temporary security zones need not be documented in the Part 73 plan or procedures 5 Part 37.11(c)-Do items 1-4 apply Part 37 focuses on protection of risk significant quantities of to a steam generator or reactor radioactive material and does not name specific facilities, vessel head mausoleum? components, or areas that need to comply or do not need to comply.
Typically these storage facilities may not be identified as Walls and component parts that become activated throughout their radioactive waste storage. life are not considered to be waste until they are no longer useful for their intended purpose. Licensees are responsible for making the determination of when material will be no longer useful (considering the potential for spare parts, or recycling into other products or sale for other purposes). The regulations in 10 CFR Part 37 do not apply to activated material in walls and components during the operating life of a reactor, hot cell, or accelerator. Once the licensee removes activated material from use (whether from maintenance or during decommissioning) and declares the rubble or removed components as waste, then 10 CFR Part 37.11(c) criteria would apply.
6 Part 37.11(c) - Does the criteria The 2000 kg criterion applies only to activated material (activation of
'weighs less than 2,000 kg (4,409 objects such as metal components or individual concrete slabs that lbs)' apply to discrete sources, become radioactive through exposure to neutron flux).
ion-exchange resins, activated material or does that criteria only apply to activated material?
[NUREG 2155 includes and activated material that weighs less than2,000 kg (4,409lbs)]
Page 3 of 6
7 FRN Response to Comment B43- The comment and NRC response both pertain only to 10 CFR Part The response implies that the 10 37, Subpart B. The commenter noted that the procedures used for CFR part 73 procedures address 10 CFR Part 73 background investigations and updating of the content of the required background investigations, etc., should be considered adequate to procedures under 10 CFR part meet the intent of 10 CFR Part 37. NRC agreed that a licensee
- 37. Is this specific to subpart B or does not need to maintain two sets of procedures for access all subparts? Also is this authorization. Grandfathering of individuals found to be trustworthy requirement codified and what is and reliable under the provisions of 10 CFR Part 73 is addressed in the citation in 10 CFR part 37? § 37.25(b).
12 Can NRC please explain in detail The security requirements of Part 37 Subparts B, C and D apply in the exemption in 37.11(c) as it their entirety to the following wastes that contain Category 1 and 2 applies to LLW? quantities:
- discrete sources
- ion-exchange resins
- activated material < 2,000 kg (i.e., irradiated metal or concrete)
Other waste forms are exempted from the security requirements of Subpart B, C, and D. However, these waste forms, such as contaminated clothing, gloves, soil, or low specific activity waste, must meet the security requirements of §37.11(c) (1) through (c) (4) if they contain Category 1 and 2 quantities.
13 What are NRCs expectations for NRC believes the language in the rule is clear as written in 37.11(c),
implementation of 37.11(c)(1-4)? which states that the licensee shall implement the following Specifically, has NRC considered requirements to secure the radioactive waste:
what would be acceptable to meet the intent of 1-4? § 37.11(c)(1)
Use continuous physical barriers that allow access to the radioactive waste only through established access control points;
§ 37.11(c)(2)
Use a locked door or gate with monitored alarm at the access control point;
§ 37.11(c)(3)
Assess and respond to each actual or attempted unauthorized access to determine whether an actual or attempted theft, sabotage, or diversion occurred; and
§ 37.11(c)(4)
Immediately notify the LLEA and request an armed response from the LLEA upon determination that there was an actual or attempted theft, sabotage or diversion of the radioactive waste that contains category 1 or category 2 quantities of byproduct material.
Page 4 of 6
14 Would it be acceptable to No. The physical controls described in Regulatory Guide 8.38 only implement physical controls as provide reasonable assurance that the area is secure against described in RG 8.38, section 1.5, unauthorized access by individuals trained in radiation protection.
specifically applying substantial This is quite different from the intent of Part 37, which is to prevent barriers (e.g., bolted access theft or diversion of risk-significant material for malicious purposes, covers, covers that require heavy or acts of sabotage.
equipment to open) as an alternate means to meet the The specific measures described in the question may meet the requirements of 10 CFR requirements of 10 CFR 37.11 (c)(1) and (c)(2). However, the 37.11(c)(2) and (3)? described physical control measures do not appear to address the 10 CFR 37.11 (c)(3) requirement to assess and respond to actual or attempted unauthorized access in order to determine whether an actual or attempted theft, sabotage, or diversion occurred or the 10 CFR 37.11 (c) (4) requirement to notify local law enforcement and request an armed response upon determination of an actual or attempted theft, sabotage, or diversion.
A request for alternative measures to 10 CFR 37.11 (c)(1), (c)(2) and (c)(3) would need to be reviewed on a case by case basis as an exemption request under 37.11(a).
15 Can NRC please explain how The scope of SGI maintained at a facility would not increase. The safeguards information is physical security plan required under Part 73 is designated SGI.
expected to apply to Part 73 Information added to that plan for the purposes of compliance with licensees? If licensees choose to Part 37 would not change the designation. No new SGI protect Category 1 and 2 requirements are associated with Part 37. As noted in question 1, a materials under Part 73, will the forthcoming rule change will remove the SGI-M designation for scope of SGI maintained at these protected information. The requirements of the orders for protection facilities increase? of SGI-M will remain in effect in the meantime.
16 Can NRC address how/when it As discussed in the Part 37 Implementation Plan (ML113290229),
will rescind NRC security orders will be rescinded by letter in a timeframe to RAMQC orders and discuss how coincide with the compliance date for the rule. As noted in question SGI will be addressed in Subpart 1, a rulemaking is underway to remove the SGI-M designation for D? protected information associated with Category 1 and 2 materials.
The requirements of the orders for protection of SGI-M will remain in effect in the meantime. NRC Orders, related security plans, and any other documents that are designated SGI-M must be protected in accordance with the orders until compliance with the requirements of Part 37 is required and the orders are rescinded, at which time the SGI-M materials must be destroyed.
17 Can NRC please discuss the Please refer to the regulatory crosswalk in the Implementation Plan, primary differences between which includes a comparison of the RAMQC orders and Part 37.
Subpart D and RAMQC?
18 Would it be acceptable for Yes, the access authorization programs required by NRC regulations licensees to and orders for power reactors, non-power reactors, utilization designate their Reviewing officials facilities and fuel facilities are deemed adequate for compliance with (RO) in accordance with 10 CFR Part 37 and licensees need not create a separate program.
73.56 requirements and not require fingerprints of the ROs to be taken by a law enforcement agency as delineated in 37.23?
Page 5 of 6
19 Would it be acceptable to grant Yes, the access authorization programs required by NRC regulations access based on background and orders for power reactors, non-power reactors, utilization investigations conducted in facilities and fuel facilities are deemed adequate for compliance with accordance with 10 CFR 73.56 Part 37 and licensees need not create a separate program.
(employment history, military, education and personal references) in lieu of the criteria in section 37.25?
20 Would it be acceptable for Under §73.57(b)(2)(iii) Any licensee currently processing criminal licensees currently authorized history requests through the FBI pursuant to Executive Order 10450 under 10 CFR 73.57 to continue need not also submit such requests to the NRC. Though not to collect and submit fingerprints explicitly stated in §37.27, NRC considers that continuing this directly to the FBI without having practice meets the intent of Part 37.
to submit the fingerprints to the NRC as specified in 37.27?
Page 6 of 6