ML19135A089

Myap 8-19-16

ML19135A089
Person / Time
Issue date:	05/31/2019
From:	Al Tardiff NRC/NSIR/DPCP/FCTSB
To:
References
Download: ML19135A089 (3)

Text

Multi-Year Action Plan This multi-year action plan describes the implementation strategy for the 12 topical areas listed in the memorandum of understanding (MOU) for Cooperation on Radioactive Materials Transportation Security1.

Topical areas will be addressed by either: 1) the development of an annex describing interagency working arrangement; 2) discussions during the annual coordination meeting; or

3) the use of the existing MOU text. The 12 topical areas are listed and described in of the MOU. The topical areas will be dispositioned into one of the three processes and the projected timeline is described below.

1. Annex development. An interagency working group will be formed for the development of each annex. Five annexes will be developed to address the four topical areas. The topical areas of j. Intelligence and Information Sharing (will consist of two annexes), f. Sharing Information During an Emergency Response, d. Inspections and Enforcement, and k.

Background Investigations will be addressed by the development of working arrangements for each. An approved compilation of working arrangements to address a topical area will be an annex.

a. The topical area of Intelligence and Information Sharing will be covered by two annexes. One annex will cover sharing intelligence, security, and threat information.

The second will cover response plans for security-related incidents involving theft, diversion, or sabotage of radioactive materials in transport, and will include coordination plans for enforcement actions and investigations.

1) Intelligence annex. Working arrangements to be developed are: 1) triggers that prompt each of the parties to communicate, 2) a listing of the POCs and their sub-organizations for those communications, and 3) the mechanisms for communications. The intelligence messages associated with the radioactive material transport could have an interagency code to signify the intended area of focus for such messages (i.e., for radioactive material transport security). The MOU topical area text should be used to guide the activity.

2) Information Sharing annex. Working arrangements need to facilitate the communication of: 1) notification of events; 2) collaboration on response plans;

3) coordination with enforcement, and 4) coordination with investigations. The MOU topical area text should be used to guide the activity.

b. Sharing Information During an Emergency Response annex. Working arrangements would describe the protocols and processes to be used for such communications. The working group to develop this annex will include operations center staff that implement the protocols in place now. In addition, working arrangements should describe the communication pathways to be utilized, along with identifying the points-of-contact within each party's agency. Also, the detail in the working arrangements should establish who or what entity conveys the initial and subsequent incident status, when the event occurs 1 The MOU, its attachment 1, and the MOU list of interagency points of contact may be accessed in the U.S. Nuclear Regulatory Commission Agencywide Documents Access and Management System (ADAMS) at accession numbers ML15057A336, ML13240A347, and ML13240A350. The multi-year action plan is discussed in section VI.

Implementation of the MOU. This action plan will be revised as necessary considering the activities being pursued within the MOU processes.

2 within different modes of transport. The MOU topical area text should be used to guide the activity.

c. Inspections and Enforcement annex. Working arrangements will be developed to describe the protocols to inform other agencies of inspection events and findings. This may serve to identify systematic deficiencies. In addition, the concept with this topical area was to leverage other agency's resources. Furthermore, this annex should describe the coordination for inspection activities and the communication protocols thereof. How inspection personnel may gain the ability to gain site access to nuclear sites should be mentioned in this annex. The MOU topical area text should be used to guide the activity.

d. Background Investigations annex. Working arrangements will be developed that describe each agency's regulatory requirements and the type of background investigation used in the transport regime to identify duplication and possibly develop reciprocity agreement(s). The MOU topical area text should be used to guide the activity.

e. Schedule for annex development described in 1.a through 1.d, above. Annex development activity would start in the fourth quarter of fiscal year 2016. Milestones include:

1) identification of each party's participants for the working group to construct the working arrangements and the conduct of an initial working group meeting by October 31, 2016;

2) initial draft of the working arrangements by April 2017;

3) working group final draft of the working arrangements by August 2017,

4) interagency approval of the working arrangements as an annex by December 2017;

5) implementation of the annex by April 2018;

6) completion of an initial assessment of the annex by April 2019, and semi-annually thereafter; and

7) as necessary, modification and interagency approval of the annex to ensure it will function as intended, within 120 days of an annual assessment.

f. Elements of emergent annexes. Security conditions may warrant the revision of a developed annex or the development of new one. Annexes developed under these conditions would be termed an emergent annex. An emergent annex development activity will be commenced if there is a consensus among the parties to proceed with such an effort.

1) Schedule. If security conditions warrant the revision of a developed annex or the development of new one, then a particular schedule associated with that annex will be developed. The schedule will be developed considering the urgency of the matter and the schedule components presented in e., immediately above.

2) Termination clause. An emergent annex will have a termination clause that allows for timely cessation of the annex. The process for termination would include recognition by the parties that the conditions that warranted the development of the annex no longer require the annexs actions to establish and maintain risk at an acceptable level.

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2. Conduct of the annual coordination meeting.Section VII of the MOU references an annual coordination meeting. The annual coordination meeting will be, at a minimum, the forum for addressing the six topical areas of: a. Risk Assessments; b. Strategic Planning;

c. Standards, Regulations, Guidelines, Advisories, Orders and Directives; g. Legislative Matters; i. Communication; and l. Cooperative Research Programs. The MOU text for each topical area should be used to identify and develop information suitable to be presented to other participants. During the annual meeting each party will be provided the opportunity to present information. Nothing prohibits impromptu communications on any of these topical areas if and when a party perceives it may be advantageous. No specific annexes will be developed for these six listed topical areas.

3. Topical areas addressed by the existing MOU text. The two topical areas of technical support and budget will be addressed by the text as presented in the topical area description for each.

a. The topical area on technical support will be exercised as necessary in order to meet the goal of the MOU. The MOU text that describes the technical assistance parameters for the MOU is straightforward. Therefore, technical assistance activities should be followed as written in the Topical Areas section of the MOU in subsection e. Technical Support. No specific annex will be developed for the technical assistance activities of the MOU.

b. The topical area on budget will be exercised when budget activity is being performed in an MOU activity. The MOU text that describes the budget parameters for the MOU is straightforward. Therefore, budget activities should be followed as written in the Topical Areas section of the MOU in subsection h. Budget. No specific annex will be developed for the budget activities of the MOU.