ML17037C174

Letter Regarding Guard Responsibilities in Protecting Special Nuclear Material from Theft and Sabotage and Requesting That Niagara Mohawk Respond Affirming Present Practices or Advising the Commission of Any Deviation from ...

ML17037C174
Person / Time
Site:	Nine Mile Point
Issue date:	12/24/1975
From:	Boyd R Office of Nuclear Reactor Regulation
To:	Rhode G Niagara Mohawk Power Corp
References
Download: ML17037C174 (6)

Text

DISTRIBUTION

'RC PDR Local PDR DEC 2 4 1975 Docket ORBN3 Rdg NRR Rdg RSBoyd Docket No. 50-220 KRGoller/TJCarter GLear Niagara Mohawk Power Corporation JGuibert ATTN: Hr. Gerald K. Rhode Cparrish Vjce President Engineering OELD 300 Erie Boulevard Hest 015E (3)

Syracuse, New York 13202 ACRS (16)

DEisenhut Gentlemen: TBAbernathy JRBuchanan RE: NINE HILE POINT UNIT 1 Gray file The subject of guard responsibilities in protecting special nuclear material from theft and sabotage is being reviewed by the Nuclear Regulatory Commission. The purpose of this letter is to clarify one aspect of these responsibilities so as to assure effective application of regulatory requirements in this important area.

Nuclear reactor facilities are required, under 10 CFR 73.40, to provide physical protection pnd to implement the security plan submitted to the Commission. A necessary element for approval of the plan of a nuclear power reactor is the provision of guards.

He expect that the response requirements for these guards will be the same as called out in 10 CFR 73.50 (g)(2) which requires that guards responding to a possible threat shall determine if a threat exists, assess the extent of the threat, and initiate measures to neutralize the threat, either by acting on their own or by calling for assistance from local law enforcement authorities, or both.

It appears that the option for guards taking action on their own or calling for outside assistance may conceivably be subject to mis-

.interpretation. The current regulation contemplates that guards are to be instructed that their first priority i.s to assess the extent of the threat and convey to the proper law enforcement authorities the nature of the threat. They should then, or simultaneously if possible, take action on their own to counter the threat, deferring

- action pending the arrival of reinforcements only in those instances in which a guard's life would be placed in needless peril when faced with an overwhelming force. In such instances, guards could be expected to take prudent delaying action whenever"possible while awaiting assistance.

Your early response to this letter would be very much appreciated, either affirming that your present practices for implementing the ORB ORB OELD ORBS3 RL:AD/ORs OPPICC+

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Form ABC-318 (Rer. 9-33) hKCM 0240 0 U, dr OOVCRNMCNT PRINTINO OPPICCI IOT4 dee 1ee

'1 Hr. Gerald K. Rhode requirements of 10 CPR 73.40 are consistent with this viev for the implementation of 573.50 (g)(2) or advising us of any deviation from this approach, and in the latter case, indicating the cause of such deviation.

Sincerely, Roger S. Boyd, Acting Director Division of Reactor Licensing Office of Nuclear Reactor Regulation r

cc: See next page OPPICC+

SURNAMC3P'ATC3P Form hZC 318 (ReT. 9.3 3) hECM 0240 U SI OOVCRNMCNT PAINTINO OPPICCI IST4 424 I44

0 7

Niagara Mohawk Power Corporation CC:

Arvin E. Upton, Esquire LeBoeuf, Lamb, Leiby g MacRae 1757 N Street, N. W.

Washington, D. C. 20036 Anthony Z. Roisman, Esquire Roisman, Kessler and Cashdan 1712 N Street, N. W.

Washington, D. C. 20036 Dr. William Seymour, Staff Coordinator New York State Atomic Energy Council New York State Department of Commerce 112 State Street Albany, New York 12207 Oswego City Library 120 E. Second Street Oswego,. New York 13126 Mr. Robert P. Jones, Supervisor Town of Scriba R. D. 84 Oswego, New York 13126

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