ML17037C431

Acknowledge Review of Amended Security Plan Submitted with Enclosures as Listed

ML17037C431
Person / Time
Site:	Nine Mile Point
Issue date:	08/08/1977
From:	Lear G Office of Nuclear Reactor Regulation
To:	Rhode G Niagara Mohawk Power Corp
References
Download: ML17037C431 (14)

Text

AUG 8 )977 Di stri buti on Docket ORB ¹3 Local PDR Docket Ho. 50-220 NRC PDR GLear CParrish SNowicki XNXNNMN Niagara Mohawk Power Corporation Attorney, OELD ATTN: fir. Gerald K. Rhode (3)

Vice President - Engineering OI8IE DEisenhut 300 Erie Boulevard tlest TBAbernathy Syracuse, New York 13202 JRBuchanan Gentlemen:

ACRS (16)

DNeighbors RE: NINE f1ILE POINT NUCLEAR STATION UNIT NO. 1 Me are currently reviewing the amended security plan which you

. submitted in accordance with 10 CFR 73.55. To keep you informed of our positions on and interpretations of 10 CFR 73.55, we have enclosed the following:

l. Our position regarding plant access for NRC personnel.

2.. The interpretation by the HRC General Counsel of'10 CFR 73.55, "Illumination and Physical Search Requirements."

This information should be incorporated into the Modified Amended Security Plan which is to be submitted after the site visits by our security review teams.

If you have any questions regarding the enclosed information or site visits, you should contact the Project Hanager assigned to your facility.

Sincerely, Orlglnal signed 5y George Lear, Chief Operating Reactors Branch ¹3 Division of Operating'Reactors

Enclosures:

l. NRC position regarding plant access for HRC personnel

2. NRC Interpretation hy General Counsel of 10 CFR 73.55 ee next page ORB ¹3 ORB "'¹3 ORB ¹ ORB ¹3

's SURNAMd~ CParrish SNowic j 'DNeiqh GLear OATd~ 8/$ /77 8/Q /77 8/g1 /77 8/I/77 NRC FORM 518 (9-76) NRCM 0240 Q Ul 4 OOVdRNMdNT PRINTINO OPPICdI IQT4 424 424

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Niagara Mohawk Power Corporation cc: Arvin E. Upton, Esquire LeBoeuf, Lamb, Leiby & MacRae 1757 N Street, N. W.

Washington, D. C. 20036 Anthony Z. Roisman, Esquire Roisman, Kessler and Cashdan 1025 15th Street, N. W.

5th Floor Washington, D. C. 20005 Oswego City Library 46 E. Bridge Street Oswego, New York 13126

NRC POSITION REGARDING PLANT ACCESS fOR NRC PERSONNEL NRC PERSONNEL NRC personnel are visitors to the plant and will generally fall into one of two categories. These categories and the access control procedures for each are described below:

1. NRC ersonnel who are identified b the Director of the NRC Re ional Office as likel to ins ect the lant. Such sndividuals will be provided permanent non-employee, no-escort-required picture badges as authorized by 10 CFR 73.55(d)(5), and added to the authorized personnel list. These badges will be kept at the protected area access control point (gate house) and will be issued to NRC personne] in conjunction with normal identification and search fu n:tions.

2. Other NRC ersonnel.. Individuals who fall into category 2 will be treated as normal plant visitors. Plant visits by other NRC personnel will be prearranged. If other NRC personnel, not accompanied by an NRC inspector (category 1), request entry into the plant without prior arrangements, the NRC Regional Office will be consulted irmediately.

The NRC identify Regional Office or other NRC Office, if appropriate, will each individual described above with the following information:

Name, NRC badge or credential identification number, Social Security Number, date of birth, and clearance (if appropriate). It should be noted that such individuals could include NRC contractors or consultants and in that case, a suitable substitute identification number will be provided.

Individuals falling into category 1 are authorized to serve as escorts for individuals of category 2, consistent with normal plant escort requirements.

Title 10 Energy CHAPTER. I ÃJCLEAR REGULATORY COKiESSIOH PART 8 INTERPRETATIONS Interpretation by the General Counsel of 10 CFR 73.55. Illumination and Pnysical Search Requirements AGENCY: Nuclear Regulatory Commission,"

' Final'Rule ACTION:

SE2fARY The Nuclear Regulatory Commission's regulati.on

"Interpretations" is amended by adding an interpre-tation by the General Counsel of the requirements for physical, protection of licensed activities in nuclear power reactors against industrial sabotage set out in the Commission's regulation "Physical Protection, of Plants and Materials." The interpreLation clarifies the ilium~at oa and physical search requirem nts of the regulation.

EFPECTZiTE DATE: This rule becomes effective on FOR FURTHER IHFOEQQTION CONTACT: Mr. C. W'. Reamer.

Office of the General" Counsel Huclear Regulatory Commission Vashing"on, D. C. 20555 Tel. (301) 492-8155.

SUPPLEMENTARY LVEORMATIOH:

Pursuant to the Atomic Energy, Act of 1954, as amended, the Energy Reorganization Act of 1974, as amended, and sections 552 and 553 of Title 5 of the United States Code, the following amendment of Title 10,

0 Chapter I, Code of Federal Regulations, Part 8, is published as a document subject to codification.

A new section 8.5 is added to read. as follows:

5 8.5 Inter retation b the General Counsel of Sec. 73.55 of this Cha ter. Illumination and Ph sical Seax'ck Reauirements.

(a) A request has been received to interpret 10 CFR 73.55(c)(5) and 73.55(d) (1) .

10 CFR 73.55(c) (5) "provides:

Isolation zones and all exterior areas within the protected area shall be provided wi.th illumination sufficient for the monitoring and observation require-ments of paragraphs (c) (3), (c) (4), and (h) (4) of this section, but not less than 0.2 footcandle measured horizontally at. ground level.

(b) The requester contends that the regulation is satisfied if 0.2 footcandle is provided only at the pxotected area boundary and the iso-lation zone. The language of the regulation is clearly to the contrary.

It requires not less than 0.2 footcandle for "all exterior areas within the protected area." This regulation helps effectuate the monitoring and observation requirements of 10 CFR 73.55. For example, 10 CFR 73.55(c)(4) states that "t'a]11 exterior areas within the protected area shall be periodically checked to detect the presence of unauthoxized persons, vehicles, or materials." In the absence of illumination, such checking could not be fully effective.

(c) The requester also asks whether the illumination .requirement

0 extends to the tops and sides of buildings within the protected area.

To effectuate the monitoring and observation requirements cited above, illumination must be maintained for the tops and sides of all accessible structures within the protected area. This interpretation is consistent with that given by the Commission's staff to affected licensees and appli.cants at a series of regional meetings held in March of 1977 and will be reflected in forthcoming revisions to NUREG 0220, Draft Interim Acceptance Criteria for a Physical Security Plan for Nuclear Power Plants (March 1977) .

(d) 10 CFR 73.55(d)(1) provides in pertinent part:

The search function for detection of firearms,'xplo-sives, and incendiary devices shall be conducted either by a physical search or by use .of equipment capable of detecting such devices.

(e) The requestor contends that until "equipment capable of detecting such devices" is in place, a licensee need not comply with the search requirement, but can utilize instead previous security programs. This contention is based on the first sentence of 10 CFR 73.55 which provides in pertinent part that the requirements of paragraph (d) of that section shall be met by May 25, 1977, "except for any requirement involving con-struction and installation of equipment not already in place expressed in [paragraph ] (d) (1) . . ." Under this sentence only those requirements of paragraph (d) which involve "construction and installation of equip-ment" do not take effect on May 25, 1977. Because a "physical search" does not require "construction and installation of equipment",

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regula-implementation of such searches is required on ~my 25, 1977. The tion provides alternatives: "the search function . . . shall be conducted either by a physical search or by use of eauipment. ..." Thus when appro-priate equipment 'is in place, the search function need, not involve a physical search.

(f) The paragraphs above set forth interpretation of re~ations; they do not apply those regulations to particular factual settings. For example, no effort is made to state what lighting system might be used for a given facility; all that is stated is that a system must provide not less than 0.2 footcandle for all exterior areas within the protected area. Similarly, no effort is made to define what is an adequate "physical search"; all that is stated is that, in the absence of appropriate equipment, such searches must begin on Hay 25, 1977.

Effective Date: 'This amendment becomes effective on JUil 3 0 H7/

(Sec. 161, 68 Stat. 948; 42 U.S.C. 2201).

Datad at '/, M~ / 0.C this ( 7 " day of 1977.

For the Nuclear Regu atory Commission James L. Kelley Acting General gunsel

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