ML14203A101
| ML14203A101 | |
| Person / Time | |
|---|---|
| Issue date: | 03/03/2014 |
| From: | NRC/FSME/DMSSA |
| To: | Nuclear Energy Institute |
| Goldberg P | |
| References | |
| Download: ML14203A101 (15) | |
Text
10 CFR Part 37:
Enforcement Discretion, Part 37 Plans, and Exemptions March 3, 2014 Public Meeting
Considerations for Enforcement Guidance Memorandum Large Components: Definition
- Item weighing more than 2,000 kg not containing discrete sources or ion exchange resins.
- Only steam generators, steam dryers, turbine rotors, reactor vessels, reactor vessel heads, reactor coolant pumps, and shielding blocks.
Considerations for Enforcement Guidance Memorandum Large Components: Characteristics
- Based upon size and weight, not easily moved, requiring cranes, rigging and heavy equipment to be moved.
- While being loaded or in motion, not easily concealed.
- Time required for theft or diversion is such that these activities, as well as the results of sabotage attempts, can reasonably be expected to be detected by the licensee.
Considerations for Enforcement Guidance Memorandum Robust Structures: Definition Concrete bunker or modular vault, for which access to the radioactive materials contained within the structure is gained only through removal of structural components or large access blocks, weighing more than 2000 kg, requiring heavy equipment to be brought in for removal.
Considerations for Enforcement Guidance Memorandum Robust Structures: Characteristics
- Category 1 and category 2 quantities of radioactive material contained within a robust structure are considered highly protected, based upon the specialized equipment required to access the structure or to move the radioactive material.
- Access into these robust structures requires significant execution time.
Considerations for Enforcement Guidance Memorandum Robust Structures: Characteristics (cont.)
Typically, routine work activities and/or observation by licensee authorized individuals located within or proximal to these robust structures, and/or observation by licensee authorized individuals conducted in accordance with 10 CFR § 73.55(i)(5)(ii), will provide the ability to detect actual or attempted theft, diversion, or sabotage, considering the time needed to accomplish these activities.
Considerations for Enforcement Guidance Memorandum Need for Exemption If EGM does not address a 10 CFR Part 37 requirement at a licensees facility for a large component or robust structure licensee may submit a request for an exemption as described in § 37.11(a).
If licensee submits exemption request prior to NRC inspection of the facility, NRC will withhold an enforcement decision until it reviews the exemption request.
If NRC grants the exemption request, it will also consider, and likely use, barring aggravating circumstances, enforcement discretion for any prior violation remedied by the exemption. If NRC denies, or licensee withdraws, the exemption request, NRC will disposition the violation through the normal enforcement process.
Considerations for Enforcement Guidance Memorandum Disposition of Violations The Regional Office shall consider which of the following actions is appropriate:
- 1. Use of ENFORCEMENT DISCRETION to not issue a violation pursuant to 10 CFR § 37.11(c)(1) and (2), or Subparts B, C, and D of 10 CFR Part 37, except for 10 CFR § 37.49(b) and (d), with respect to robust structures containing category 1 or category 2 quantities of radioactive material, or to large components, if the licensee meets the following conditions in writing:
Considerations for Enforcement Guidance Memorandum Disposition of Violations (cont.)
- a. The licensee has identified those large components, and robust structures that contain category 1 or category 2 quantities of radioactive material, for which it is not in compliance with 10 CFR Part 37;
- b. The licensee has an approved 10 CFR Part 73 security plan or a written 10 CFR Part 37 security plan that provides security measures adequate to detect, assess, and respond to (including notification of Local Law Enforcement Agency and NRC) actual or attempted theft, diversion, or sabotage, considering the time needed to accomplish these activities for those large components and robust structures identified in 1.a. above;
- c. The measures above do not decrease the effectiveness of the 10 CFR Part 73 security plan.
Considerations for Enforcement Guidance Memorandum Disposition of Violations (cont.)
- 2. Decision on EXEMPTION REQUEST, followed by consideration of ENFORCEMENT DISCRETION: If licensee submitted request for specific exemption per 37.11(a), for a large component weighing more than 2,000 kg, but not containing either discrete sources or ion exchange resins, or for a robust structure, which is not included in the EGM definitions above, prior to the NRC inspection of the licensees facility, NRC will withhold enforcement decision until the NRC staff completes review of the exemption request. If the NRC finds that exemption request should be granted, it will also consider, and likely use, barring aggravating circumstances, enforcement discretion for any prior violation that was remedied by the exemption. If NRC denies, or licensee withdraws, exemption request, NRC will disposition violation through normal enforcement process.
Considerations for Enforcement Guidance Memorandum Disposition of Violations (cont.)
- 3.
Use of NORMAL ENFORCEMENT process: NRC will use the normal enforcement process to evaluate and disposition the violation in cases not described in paragraphs 1 or 2 above.
Considerations for Enforcement Guidance Memorandum Term EGM will remain effective until the underlying technical issue is dispositioned through rulemaking or other regulatory action
Comments on Exemption Request Template Radiation exposure controls may not be adequate to satisfy Part 37 requirements; Part 37 requires a physical protection program to provide security of radioactive material, to detect, assess, and respond to actual or attempted theft, diversion or radiological sabotage.
Comments on Exemption Request Template The template is drafted for a generic exemption request, but needs to be plant specific. An exemption request should include:
description of the exemption being sought, why it is being requested, how it relates to plant operations, temporary or permanent exemption, and effect on the plants licensing basis, safety analysis and/or justification, technical information, risk assessment impacts (as appropriate), to enable the NRC staff to make an independent assessment, and schedule for issuance of the exemption, and any plant operational considerations affected by the staffs decision.
Comments on Part 37 Security Plan
- Revised Part 37 Security Plan Template received January 13, 2014
- Comments on Security Plans sent February 24, 2014