ML19210A540
| ML19210A540 | |
| Person / Time | |
|---|---|
| Site: | Oconee, Crane  |
| Issue date: | 06/17/1977 |
| From: | Joseph Kelly NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | |
| Shared Package | |
| ML19210A538 | List: |
| References | |
| NUDOCS 7910300580 | |
| Download: ML19210A540 (4) | |
Text
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Title 10 - Energy CHAPTER I - NUCLEAR REGULATORY C0:24ISSION PART 8 - INTERPRETATIONS Interpretation by the General Counsel of 10 CFR 73.55.
Illumination and Ph'fsical Search Requirements AGENCY:
Nuclear Regulatory Co==ission ACTION:
Final Rule
SUMMARY
The Nuclear Regulatory Commission's regulatien
" Interpretations" is acended by adding an interpre-tation by the General Counsel of the requirements for physical protection of licensed activities in nuclear power reactor, against industrial sabotage set out in the Co= mission's regulation " Physical Protectica of Plants and Materials." The interpretation clarifies the illuminati n and physical search requirements of the regulation.
A;l 3 0..mi EFFECTIVE DATE:
This rule becomes effectiva on FOR FURTHER INFORMATION CONTACT:
Mr. C. W. Reamer Office of the General Counsel Nuclear Regulatory Coc=:ission Washington, D. C.
20555 Tel. (301) 492-8155.
1488 045 SUPPLEMENTARY I" FORMATION:
Pursuant to the Ato=ic Energy Act of 1954, as amended, the Energy Reorganization Act of 1974, as amended, and sections 552 and 553 of Title 3 of the United States Code, the following a=endment of Title 10, 7810s00STO
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 Interpretation by the General Counsel of Sec. 73.53 of this Chapter.
Illumination and Physical Search Reauirements.
(a) A request has been received to interpret 10 CFR 73.55(c)(3) and 73.55 (d) (1).
10 CFR 73.55(c)(5) provides:
l Isolation zones and all exterior areas within the protected area shall be provided with illumination sufficient for the monitoring and observation require-i ments of paragraphs (c)(3), (c)(4), and (h)(4) of this section, but not less than 0.2 footcandle measured I
horizontally at ground level.
(b)
The requester contends that the regulation is satisfied if 0.2 i
e footcandle is provided only at the pcotected area boundary and the iso-lation zone. The language of the regulation is clearly to the contrary.
I 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 "[a]ll exterior areas within the protected area shall be periodically checked to detect the presence of unauthorized persons, l
vehicles, or materials." In the absence of illumination, such checking i
j could not be fully effective.
l (c)
The requester also asks whether the illumination requirement 1488 046 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 applicants at a series of regional meetings he.1d in March of 1977 and will be reflected in forthcoming revisions to NUREG 0220, Draf t 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, explo-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 utiliae 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",
1488 047 i=plementation of e ich 5 2 arches is required on >by 25, 1977. Tha regula-tion provides alternatives:
"the search functica.
. shall be conducted either by a physical search or by use of equipment...." 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 regulctions; they do not apply those regulations to particular factual settings.
For exanple, no effort is made to state what lighting syste: eight be used for a given facility; all that is stated is that a systen 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 equipnent, such searches must begin on May 25, 1977.
Effective Date: This amendnent becomes effective on JU,'l 3 01377 (Sec.161, 68 S tat. 943; 42 U.S.C. 2201).
Dated at Idn [e,.
I.I -
this / 7 day of b._
197,'.
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For the Nuclear Ragdlatory Commissien z,r'
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l'y
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James L. Kelley 3
Acting General G unsel
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1488 048
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