ML19260A105

From kanterella
Jump to navigation Jump to search
Petition for Rulemaking 73-2 in Matter of Physical Searches at Nuclear Power Reactors.Memorandum in Support of Proposed Rulemaking Encl
ML19260A105
Person / Time
Site: Crane 
Issue date: 08/19/1977
From: Charnoff G, Silberg J
SHAW, PITTMAN, POTTS & TROWBRIDGE
To:
Shared Package
ML19260A106 List:
References
RULE-PRM-73-2 PRM-73-2, NUDOCS 7910290723
Download: ML19260A105 (2)


Text

'

n,'

s

- {hg'7 August 19, 1977 3

hj.-M UNITED STATES OF AMERICA N

NUCLEAR REGULATORY COMMISSION

?

JV 4

' '. t r i,3 In the Matter of

)

)

PHYSICAL SEARCHES AT

)

Docket No. PRM p d NUCLEAR POWER REACTORS

).

PETITION FOR RULE MAKING Pursuant to 10 CFR S2.802, Wisconsin Electric Power Ccmpany, Wisconsin Public Service Corporation, and Baltimore Gas and Electric Company, hereby petition the Nuclear Regulatory Commission to amend 10 CFR 573.55 (d) (1) to eliminate the require-ment for " pat-down" physical searches of individuals entering a protected area.

Such a requirement is unnecessary as demonstrated by the absence of such phycical searches for facilities such as those in which nuclear weapons are stored as weil as for other highly sensitive areas.

However, " pat-down" physical searches would be permitted and individuals entering a protected area would be put on notice that they are subject to such searches.

Existing requirements for the use of detection equipment would not be affected.

The petitioners are interested persons within the meaning of 10 CFR 52.802 in that they own and operate nuclear power reactors and therefore are subject to the existing physical search requirements of 10 CFR 573.55 (d) (1)

The proposed amendment to NRC's regulations wou?.d modify 10 CFR 573.55 (d) (1) by deleting the bracketed words and adding the underscored language:

1479 449 3 910 290 7R 3 g

9 The licensee shall control all points of personnel and vehicle access into a protected area.

Identi-fication and search of all individuals shall be made and authorization shall be checked at such points. The licensee shall post signs at such points informing individuals that they may be

,sub3ect to physical search prici "o entering a protected area.

The search functxan for detection of firearms, explosives and incendiary devices shall be conducted (either by a physical search or] by use of equipment capable of detecting such devices, to the extent such equipment is reasonably available. The licensee may conduct a physical search of an individual if deemed necessary or appropriate.

The individual responsible for the last access control function (controlling admis-sion to the protected area) shall be isolated within a builet-resisting structure as described in paragraph (c) (6) of this section to assure their ability to respond or to. summon assistance.

A memorandum in Support of Proposed Rule Making is attached which sets forth the justification for the proposed rule.

Respectfully submitted, SHAW, PITTMAN, POTTS & TROWBRIDGE 4

By A

< bb c t' ~

< j Gerald Charnoff

[ / Ja'y E.

Silberg

/

\\

~

1800 M Street, N.

W.

Washington, D. C.

20036 (202) 331-4100 Dated:

August 19, 1977 1479 350