ML19247A006
| ML19247A006 | |
| Person / Time | |
|---|---|
| Issue date: | 06/12/1979 |
| From: | Chilk S NRC OFFICE OF THE SECRETARY (SECY) |
| To: | |
| References | |
| RTR-NUREG-0561, RULE-PR-73 NUDOCS 7907270030 | |
| Download: ML19247A006 (8) | |
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Title 10 - Energy CHAPTER I - NUCLEAR REGULATORY COMMISSION PART 73 - PHYSICAL PROTECTION OF PLANTS AND MATERIALS Physical Protection of Irradiated Reactor Fuel in Transit AGENCY:
U.S. Nuclear Regulatory Comnission ACTION:
Interim final rule.
SUMMARY
The U.S. Nuclear Regulatory Commission has decided to establish requirements for protection of spent fuel in transit.
A recent study suggests that the sabotage of spent fuel shipments has the potential for producing serious radiological consecuences in areas of high population density.
It will be some time before confinnatory research relative to the estimated consequences resulting from a successful act of sabotage on spent fuel can be completed.
In the meantime, the Commission believes that interim requirements for the protec-tion of such shipments should be issued immediately.
This rule is subject to reconsideration or revision based on public coments received subsequent to its publication.
Cnncurrently, the NRC is issuing guidance documentation (NUREG-0561) to assist licensees in the implementation of these requirscents.
The Public is invited to submit its views and ccments on both the Rule and the Guidance.
EFFECTIVE DATE:
July 16,1979 DATE:
Comment period excires August 17, 1079.
ACCRESSES:
Written ccments shculd be sutnitted to the Secretary of the Ccmmission, U.S. Nuclear Regulatory Ccmmission, Washing:cn, D.C.
- 20555, A RENTION:
Cocke:ing and Service Brancn.
790727 caso 4c2 066
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FCR FURTHER INFORMATION C0!! TACT:
Mr. L. J. Evans, Jr., Regulatory Irorovements Branch, Division of Safeguards, U.S. Nuclear Regulatory Ccmission, Washington, D.C.
20555, Phone - (301) 427 4181.
SUPPLEMENTARY INFORMATION:
The U.S. Nuclear Regulatory Ccmission is amer.d'ng 10 CFR 73 of its regulations to provide interim requirements #cr the protection of spent fuel in transit.
This amendment is being published 1 effective fonn without benefit of public comment in the interest of the public health and safety.
Previous studies (NUREG-pl94, Calculations of Radiological Consequences from Sabotage of Shipping Casks for Spent Fuel and High-level Waste, February 1977; NUREG-0170, FES on the Transportation of Radioactive Material by Air and Other Modes, December 1977), estimated the health effects of a radiological release in a non-urban area resulting from a high-explosive assault on a spent fuel cr.s k.
The estimated risks were not considered so substantive as to warrant regulatory action.
A subsequent study by Sandia Laboratories includes a chapter on the sabotage of spent fuel in urban areas of high population density (SAND-77-1927, Transport of Radienuclides in Urban Environs:
A Working Dratt Assessment).
This study suggests that the sabotage of spent fuel shipments has the potential for producing serious radiological consequences in areas of high population density.
The Ccmission has concluded that, in order.o protect health and to minimize danger to life and procerty (Sections 151b and 161i(3) of the Atomic Energy Act of 1954, as amended), it is prudent and desirable to recuire certain interim safeguards measures for scent fuel shipments.
The interim rule would be in effect until the results Of confi atory research are available an: analy:ec.
The focus of concern is on possible successful acts of sabotage in densely populated urban areas.
Because of the possibility that spent fuel shipments c;uld be hijacked and moved from low population areas to high population areas, the interim requirements apply to all shipments even though the planned ship-ment route may not pass through densely populated urban areas.
Prior to publication of this rule, informal contact was made with the carriers primarily involved in spent fuel shipments as well as with other_ interested parties,
and their comments are known to the staff.
It was ascertained that the imposition of these requirements would probably double the cost per mile rate for these shipments 'for an increase of approximately $200,000 per year for the estimated 200 annual shipments ir volved.
Because spent fuel shipments are on-going and the time. of sabotage cannot be predicted, the Commission is of the opinion that time is of the essence in this matter, and that health and safety considerations override the nc.essity for public comment before issuance c* an effective rule.
Accordingly, the Commission, for good cause, finds that notice and public procedure are unnecessary and contrary to the public interest.
Although this rule is being published in effective form without a prior ::ublic comment period, the public is invited to submit its views and comments.
After reviewing these views and ccanents, the Commission may reconsider or modify the interim rule as it deems necessary.
Dursuant to the Atomic Encrgy Act of 1954, as amended, the Energy Reorganization Act of 1974. as amended, and sections 552 and 552 of Title 5 of the United States Ccde, the foll: wing amendments to Title 10, Chapter I, Ccde of Federal Regulations, Dart 72, are Dublished as a document subject to codification.
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1.
Section 73.1 of 10 CFR Part 73 is amended by adding a new paragraph (b)(5) '
as follows:
173.1 Purcose and Scoce (b)(5)
This part also applies to shipments of irradiated reactor fuel of any quantity which has a total external radiation dose rate in excess of 100 rems per hour at a distance of 3 feet from any accessible surface without inter-vening shielding.
2.
A new 573.37 is added to 10 CFR Part 73 to read as follows:
573.37 Requirements for Physical Protection of Irradiated Reactor Fuel in Transit.
(a)
GENERAL REQUIREMENT: - Each licensee who transports or delivers to a carrier for transport irradiated reactor fuel in any amcant that is exempt from the recuirements of 173.30 through 73.36 in accordar.ce with 373.6 shall make arrangements to assure that:
(1)
The Nuclear Reculatory Commission is notified in advance of each shipment in accordance with 573.72 of this Part, and that NRC has approved the route in advance of the shipment, 2
(2) arrangements have been made with law enforcement agencies along c
the route of shipments for their response to an emergency or a call for assistance.
(3) the route is planned to avoid, where cracticable, heavily copulated
- areas, (2) the shipment is scheduled where practicable without any intermediate s:ces exceot for refueling and obtaining crovisions, and -hat at all s cps at least one individual maintains surveillance of the transstrt vehicle, t3 OU#
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(5) individuals serving as escorts have successfully comoleted a training program in accordance with Appendix 0 of this Part, (6) procedures for coping with threate and safeguards emergencies have been developed.
(b)
SHIPMENTS BY ROAD - For shipments by road, the licensee shall make arrangements to assure that:
(1)
Each shipment is accompanied by (i) at least one driver and one escort in the transport vehicle, or (ii) at least one driver in the transport vehicle and two escorts in a separate vehicle.
(2) the transport'or separate vehicle is equipped ~with a radiotelephone and CB raoio or approved equal communications equipment and that calls are made at least every 2 hours2.314815e-5 days <br />5.555556e-4 hours <br />3.306878e-6 weeks <br />7.61e-7 months <br /> to a designated location to advise of the status of the
- shipment, (3) the transport vehicle is equipped with features that permit immobi-lization of the cab or the cargo-carrying portion of the vehicle.
(c)
SHIPMENTS SY RAIL - For shipments by rail, the licensee shall assure that:
"'1)
(
Each shipment is accompanied by at least one escort in the shipment car or in a separate car that will permit observation of the shipment car, (2) two-way voice communication capability is available and that calls are made at least every 2 hours2.314815e-5 days <br />5.555556e-4 hours <br />3.306878e-6 weeks <br />7.61e-7 months <br /> to a designated location to advise of the status of the shipment, (3) at least one escort maintains visual surveillance of the shipment car during periods wnen the train is stopced on sidings or in rail ya-ds.
(d)
If it is not ::cssible to avoid heavily occuiated areas, the Commission
.ay recuire, depending on individual circumstances of the shipmenc, acditicnal crctective measures.
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(e) A cericd of 50 days from the effective date of the rule is Tilowed for the implementation of requirements that involve equipment modification or training.
3.
A new Appendix D is adeed to 10 CFR Part 73 to read as follows:
Appendix 0 - Physical Protection of Irradiated Reactor Fuel in Transit, Training Program Subject Schedule.
Pursuant to the provision of 73.37 of 10 CFR Part 73, each licensee who transports or delivers to a carrier for transport irradiated reactor fuel is required to assure that individuals used as shipment escorts have completed a training The subjects that are to be included in this training program are program.
as follows:
Security Enroute Route planning and selection Vehicle operation Procedures at stops Detours and use of alternate routes Communications Equipment operation Status reporting Contacts with law enforcement units Ccmmunications ciscioline Procedures for reporting incidents
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Radiological Considerations Description of the radioactive cargo Function and characteristics of the shipping casks Radiation hazards Federal, State and local ordinances relative to the shipment of radioactive materials Responsible agencies Resoonse to Contincencies Accidents Severe weather conditions
-- Vehicle breakdown Communications problems Radioactive " spills" Use of special equipment (flares, emergency lighting, etc.)
Resconse to Threats Reporting Calling for assistance Use of immobilization features Hostage situations Avoiding suspicious situations.
EFF CTI'/E DATE:
July 15, 1979
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(Sec. 53, 151b, 151i, Pub. Law 83-703, 58 Stat 930, 948, 949; Sec. 201, Pub. Law 93-438, 88 Stat 1242-1243 (42 U.S.C. 2073, 2201, 5841)).
Dated at Washington, D.C. this (1 day of June,1979.
For the Nuclear Regulatory Connission A
0 itt I
(t r SamuelfJ. Chilk N Secretary of thp Comission e
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