ML19261B665
| ML19261B665 | |
| Person / Time | |
|---|---|
| Issue date: | 01/24/1979 |
| From: | Minogue R NRC OFFICE OF STANDARDS DEVELOPMENT |
| To: | |
| Shared Package | |
| ML19261B662 | List: |
| References | |
| REF-10CFR9.7 SECY-79-059, SECY-79-59, NUDOCS 7902280368 | |
| Download: ML19261B665 (23) | |
Text
EncA. To January 2a, 1979 SECY-79-59 1, $ - t}3' T* H O<
umiso stares 0
NUCLEAR REGULATORY COfAMIS510N 93.55 CONSENT cal.END AR ITEM For:
The Ccmmissioners Frcm:
Robert B. Minogue, Director, Office of Standards Cevelopment w/
Thru:
ExecutiveDirectorforOperation5j.
PROPOSED AMENDMENT TO 10 CFR PART'/73.55 TO EXTEND THE Di Subiect:
TATION DATE FOR CERTAIN COMPLEMENTARY AND ALTERNATIVE MEASURES FOR PROTECTION AGAINST THE INSIDER THREAT PURPOSE:
To obtain Commission approval to extend the final implementation date for physical " pat-down" searches of regular employees of licensees and for certain other complementary and alternative measures for protection against insicer sabotage at nuclear power plants.
Catecory:
A matter requiring Ccmmission action.
Issues:
Whether to extend the time for implementing requirements for pat-down searches of regular employees and certain other ccmple-mentary or alternative measures to protect against an insider until the Commission has had time to consider the Hearing Ecard recommendations on the material access authorization program and its implications on these measures.
The specific measures to be deferred are " pat-down" searches, compartmentalization and the two-man rule.
Decision Criteri5:
1.
Extent to which delay of pat-down searches, ccmpartmentaliza-tion and the two-man rule would cause an unwarranted safeguards risk from an insider.
2.
Extent to which security systems to protect against the insider would become more cost-effective if implementation of pat-cown searcnes, the two-man rule and ccmcartmentalizatice were collectively delayed so tnat they can be assessec in context with a material access autnorization program.
Discussion:
Imolementaton of pat-down searches of regular employees of nuclear power plants before they are allowec into a protectec area was first mcdified on September 29, 1977 (42 FR 51607) (Enclosure "B")
to exclude searching of all regular employees at the site excect for a well grounded suspicion that they may be carrying firearms, explosives, or incendiary devices.
The date to complete this
Contact:
T. S. Micnaels 443-59C3 7002280 3/4 I
The Commissioners 2
implementation was also changed from May 25, 1977 to August 24, 1978.
A detailed procedure for conducting this interim search (Enclosure "D") was developed by staff and is presently being followed.
The time for implementing pat-down searches was further extended to February 23, 1979 on August 7, 1978 (43 FR 34765) because the Commission had under consideration a material access authorization program and wanted to evaluate the need for pat-down searches in light of this program.
Enclosure "E" provides further background on this subject.
The material access authorization program was proposed for comment on March 17, 1977 (42 FR 14880).
Because of many com-ments from industry and the public and because of the complex issues involved, the Commission held a public hearing on July 10, 11, and 12, 1978.
The Hearing Board which presided at the meetings is expected to present their findings to the Commission on January 29, 1979.
The material access authorization program or an equivalent program which provides assurance that individuals are trustworthy when coupled with other complementary or alter-native measures of a licensee physical security system will provide high assurance of protection against sabotage by an insider.
Other complementary or alternative measures that have been considered by the staff are pat-down searches, two-man rule procedures, compartmentalization and others.
Two-man rule procedures and compartmentalization while not specifically identified in the regulations have been developed during the implementation of Section 73.55 in order to satisfy the perform-ance requirement: of that regulation.
The staff believes that additional time is needed to evaluate these complementary cr alternative measures in context with a decision on the material access authorization program.
The staff believes that delay of pat-down searches, comcartmen-talization and the two-man rule will not cause an unwarranted safeguards risk because most licensees will have met all the other requirements of Section 73.55 and these combined with search procedures presently being followed (see Enclosure "0")
provide adequate protection against sabotage at nuclear power plants by an insider for the short additional period of time involved.
Furthermore, the staff believes that the material access authori-zation program or an equivalent program which provides assurance that individuals are trustworthy will add in large measure to the protection against the insider.
To implement pat-down searches, two man-rule procedures and compartmentalization before a Commission consideration of the material access authorization program would
The Commissioners 3
be a " decision by default" and would force an interim solution to the insider threat which may not be cost-effective in light of the final decision on the material access authorization program.
Recommendation:
That the Commission:
1.
Accrove for publication in final form the amendments to 10 CFR Part 73 set forth in Enclosure "A" which would extend the time for implementation of pat-down searches until May 23, 1979.
Also, the Statement of Considerations would reflect that implementation of the two-man rule procedures and compartmentalization would also be delayed until May 23, 1979.
2.
Note that staff considers the material access authorization program to be an important factor in safeguard program effectiveness.
3.
Note that this action effectively permits further delay of action on the petiton for rulemaking addressed in SECY 78-210 of April 14, 1978 so that Commission action on the recommendations in that paper are still not necessary.
The petitioner will be notified of this additional delay action.
4.
Note that the appropriate Congressional Committees will be notified of this action prior to publication of the effective amendment.
5.
Note that a public announcement of this action will not be issued.
6.
Note that this action will not require additional NRC or licensee resources to implement.
Coordination:
'the Offices of Nuclear Reactor Regulation, Nuclear Material Safety and Safeguards, and Inspection and Enforcement concur in the recommendations of this paper.
The Office of the Executive Legal Director has no legal objection to the recommendations of this paper.
The Office of Public Affairs indicates that a public announcement is not warranted.
Scheduling:
For affirmation at an early policy session.
a The Commissioners 4
Sunshine Act Recommenaation:
It is recommended that this paper be considered in an open meeting.
The Executive Director for Operations concurs in this recommendation.
' lj Robert B. Minogue, Director Office of Standards Development
Enclosures:
"A" - Proposed FEDERAL REGISTER Notice "B" - 42 FR 51607 "C" - 43 FR 34765 "D" - Interim Search Procedures for Implementation of g 73.55(d)(1)
"E" - Background on Pat-down Searches Commissioners' comments or consent should be provided directly to the Office of the Secretary by c.o.b. Tuesday, February 6, 1979.
Commission Staff Office comments, if any, should be submitted to the Commissioners NLT January 31, 1979, with an information copy to the Office of the Secretary.
If the paper is of such a nature that it requires additional time for analytical review and comment, the Commissioners and the Secretariat should be apprised of when comments may be expected.
This paper is tentatively scheduled for affirmation at an Open Meeting during the Week of February 12, 1979.
Please refer to the appropriate Weekly Ccmmission Schedule, when published, for a specific date and time.
DISTRIBUTION:
Commissioners Commission Staff Offices Exec. Dir. for Opers.
Regional Offices ACRS Secretariat
[7590-01]
Title 10
':ne g/
CHAPTER I - NUCLEAR REGi!LATORY COMMISSION PART 73 - PHYSICAL PROTECTION OF PLANTS AND MATERIALS Requirements for the Physical Protection of Nuclear Pcwer Plants AGENCY:
U.S Nuclear Regulatory Commission.
ACTION:
Effective rule.
SUMMARY
The date when pat-down searches, the two-man rule and com-partmentalization have to be implemented for protection against insider sabotage is being changed from February 23, 1979 to May 23, 1979.
The delay is being granted because the pat-down searches and these other complemer.tary or alternative measures are part of an overall physical security system in which material access authorization plays a major role.
Since the Nuclear Regulatory Commission is presently evaluating the Material Access Authorization Program it has decided to postpone the need for pat-down searches and these other complementary or alter-native measures for protection against sabotage by an insider until such time as a decision on the Material Access Authorization Program is made.
EFFECTIVE DATE:
(Date of publication in Federal Register)
FOR FURTHER INFORMATION CONTACT:
Mr. Robert A. Clark, Chief Reactor Safeguards Licensing Branch Office of Nuclear Reactor Regulations U.S. Nuclear Regulatory Commission Washington, D.C.
20555, phone 301-492-7230 1
Enclosure "A"
[7590-01]
SUPPLEMEh>ARY INFORMATION:
Implementation of pat-down searches of regular employees of nuclear power plants before they are allowed into a protected area was first modified on September 29, 1977 (42 FR 51607) to exclude searching of all regular employees at the site except for a well grounded suspicion that they may be carrying firearms, explosives, or incendiary devices.
The date to complete this implementation was also changed from May 25, 1978 to August 24, 1978.
A detailed procedure for conducting a search was developed by the Commission, however, and is presently being followed.
The time for implementing pat-down searches was further extended to February 23, 1979 on August 7, 1978 (43 FR 34765) because the Commission had under consideration a material access authorization program and wanted to evaluate the need for pat-down searches in light of this program.
The material access authorization program was proposed for com-ment on March 17, 1977, (42 FR 14880).
Because of many comments from industry and the public and because of the complex issues involved the Commission held a public hearing on July 10,11, and 12,1978.
The Hearing Board which presided at these meetings is expected to present their findings to the Commission on January 29, 1979.
The material access authorization program, or an equivalent program which provides assurance that individuals are trustworthy, when coupled with the licensee's physical security system will provide high assurance of protection against sabotage by an insider.
Other ccm-plementary or alternative measures that have been considered by the 2
Enclosure "A"
[7590-01]
Commission in lieu of the material access authorizatior program are pat-down searches, two-man rule procedures, and compartmentalization.
The latter two measures while not specifically identified in the regula-tions have been developed during the implementation of Section 73.55 in order to comply with the performance requirements of that regulation.
The Commission needs more time to evaluate these ccmplementary or alternative measures in context with a decision on the material access authorization program.
In consideration of:
(1) the recognized value of the material access authorization program or an equivalent program to the final determination of protecting against the insider; and (2) the rela-tively short time before a decision will be reached on that program; and (3) the need to avoid an interim solution to the " insider threat" which may not be cost effective; and (4) the fact that most licensees will have met all the other requirements of section 73.55, the Commission is satisfied that these other measures combined with search procedures presently being followed will in total, for the interim, provide adequate protection against sabotage by an insider at nuclear power plants.
The Commission, therefore, has decided to delay the date when pat-down searches and these other complementary or alternative measures have to be implemented from February 23, 1979 to May 23, 1979.
The Commission has determined that this action is consistent with the ccmmon defense and security and the protection of public health and safety.
The Commission has, for good cause, found that 3
Enclosure "A"
[7590-01]
notice and public procedure on this amendment are unnecessary because of the earlier public participation in the rulemaking proceeding leading to 10 CFR 73.55.
The amendment is also made effective immed-iately on publication in the FEDERAL REGISTER (date of publication) because it serves to relieve a restriction that would otherwise be imposed on affected licensees of the Commission on February 23, 1979.
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 to Title 10 Chapter I, Code of Federal Regulations, Part 72 is published as a document subject to codification.
S 73.55 [ Amended]
1.
Section 73.55 of 10 CFR Part 73 is an. ended to change the date of February 23, 1979 to May 23, 1979 in the second to last sentence of the unnumbered prefatory paragraph of this section.
Effective date:
(date of publication)
(Sec. 1611, Pub. L.83-703, 68 Stat. 948, Pub. L.93-377, 88 Stat. 475; Sec. 201, Pub. L.93-438, 88 Stat. 1242-1243, Pub. L. 94-79, 89 Stat.
413 (U.S.C. 2201, 5841).)
Dated at Washington, D.C.,
this day of For the Nuclear Regulatory Commission.
Samuel J. Chilk Secretary of the Commission 4
Enclosure "A"
2tJLIS AND 2EGULMICHS W.M before the utC1:7 license *$ are r*quir-d IXtaf a.t Wscing*on. D C., cis 07*.h i'OY' d.-
to use su h sea ches !or ceir e=;io7*es. dar et reve.ber 13-~
' t's D--Er erIY te Cer--m:0n. Cer* fore.18 amend =2 For the Nuclear Refalatory Cr.=::.s:en.
CMA7 ER l-Nt;C'. EAR REGULA70RY tts regulatons to delar 2e i=;1,,n}enta-gA,,,- *, g;t= X-e
O M M IS31C N tion of physical searches oi u !7 11-aleye
- 24. 1378.
Ser:c",* o! *h e Cy a.unca c.~e. e=g *4 until August PW 73---QYS; CAL P1.Crec.lCN CF
.g f,,
,y,.g g 33 og 3
yg
?t.a.% A A H A r.nlALS the requ:re=ents of 172.55 :.s required.
Reouireme ts for tre P5ysical Prctection to prov:de n=e for reex1=maton of the a
of Nuclear Power.*iants impact and value o' su:h seuches.
'AGWCY: C S.
Nuclear Rerfator7 Pabl!: CCC" 80* 03 D' 1180' h*8
'^
C '*-*133:0~
sone:*.ed in connecucn d. a WW+.07 r;;r ma';ing not:ced = he F :t?At RZ:*
AC"" ION: If e:..ve.ule.
- sita of September 15.13~7 ' 42 TE 4i431
- St. MMARY: As a resu;t of a number of NRC docket PRM 3-:1. Se Cc=m:s-ot:eccons r2: sed wt2 r*spect pr:=ar:17 sion h2s determined ma th'a accon 13 consistent with the er.=en deferue an,,
to pst-con sesrches cf Ucensee em. secur.ty and protection o* pubile..eal ;.
plo"*es pt:cr to adC. *ance to the ;ro-teciec a t2 of a nue aar power reac:cr. and safe!7. The Cc==uss:en has fut*mer and the Co==:ss:en s further cons:dera-found that, in view of the o;;ortunt*7 000 of tne na::er the Nuclear reg!s-for c'..=ent n!ns47 aforded ;nci,,.o tcr7 Co==iss:On :s amendmg :ts regula. pubucanon of me ru!u on N na 7 4.
tions to delay :=;;e=entation of the 1977. and the f act that the amendment pn7:30.a1 search requ:rement 'or regular set fort below serves to re!! eve a restr(0-e=;icyees of a Meensee 2t nu lear power tion. noti:e and pubM: pr0cedur* On -
amendment are u necessary. and that resec 3::es.
the amendment :.27 be =2de efecMve I.T...*I O A'"I: September 29.19..
upon publicacon 13 2e Ft:EKA:. Et::s-FOR.".*R-'CR INFORMA'" ION CON- ;rn.Ptrsuant to the Atc=le *"nerg7 Act Of
- TAC "
1354. as amended. the Energy Recrgani-Mr. R. J.,: cnes. Chie., Matertsis Pro, :ation Act of 1974. as amended. and see-tecuon c andntis Branch. C o.
Standards Cevelo;=ent. C,S., ce, ear tions 55: and 553 of'ritle 5 of the Un!!ed
..= uc.
States Code. the fonoring amendment to Recal C
afsc asn-a.c n.
T!:le 10. Chapter I. Code of Federal Reg-
.C. y 5 i.f.=*44-ulanons. Pa-73 ts published as a docu-e.
.~.
SUPPI.OCN"TA.RY N?C RMA*"'ON : =:ent subject to codiaca* ton.
Cn F=orna-- 24,197 the Nucles-Rera.
- 1. Saett:n 73.55 of 10 CTR Part 3 is latcry Com:rass;en Luthsned = 'he P:D-amended by at.d:ng the fol:ow=g sen-zu: RI::str a 4: F'R 10806) e!*e *ve tences to the unnumbered prefatcry amendments to :u rerfat: ens 1.n 10 CTR paragraph:
P 2.--
7. "'hys Plan and Ma :..:.:s..t:al Prete: ten of.nt!'.,ts Rcquirement. for phv.ica pro-g.3.a..
a One re u:remen* -
,,,,;,, og g;,,nwd activitics in nu.
ed in these amend =en's was to search cicer power reactors ogsinet indus.
in:O*." du2!s 'or f!!e1*-.s. e%;los:Ves. and trial sa % ge.
in:end ar7 dev:ces ne ter;lauon spect-
- *
- Fxcept f er indiv: duals 'or w..o=
w
- ed that ce search fune::on would be the Iicensee has a we.1-groundai sus-conducted av 17n751021 search er by use c' equ:pme$t ca;1:;e :! detect:ng such ptegn 21; such inddaals ara ca.vn; devices. Se Mu:Te= nts =volv=g pro. drear =s.
explesP.1s M 'n M d a 7
- VICT5. S 20'0S** O'*d 500 1 ?I'O'UE 'O' cedure1 =r u. es wer? rehed' le:i f or ;=-
piernentat; n bv May 25.1377 and those physmal search -=qur==*nt of ;C2-invoiv.ng use if equ.1; ment were scned. grs;h d! tD of *b ecn:n M mp u!=d f.or i=:lemen:1 :on :? Augu:: 24.
v: duals who are r-ralar e=Dicr**s o.,.e Lcensee at 2e ra*.e at wn:ca me Ucensee
- 73. cr es-ider ! 2e equ
- ;=ent, were
!.nstaned. 5 nce equ:;;=ent new sysilable is autor: sed *4 cpe s'e a nucN W:
ts not capa:ne of detecung 23 7 pes of rnc*.or persuan; m N: M d 2a Chap-ter unLU Aus2.3; ~4 19~3 2 I.s de Co=-
explosives scd meendia.y der.:*s. the sear:b requ:.rement ca2s for add::::nal = mon dinc*.s omer's se ;nor to 21*.
=essures, such as randc= ;h7s: cal date. Until that date and pendbz its ws.rches. % provide high sasurance of furter revirt of th:s subject. the Com-protecting 1.ra:nst = dust:*al sabetag*.
=.:ssion he deter:n:.ned that ce sesrch "I*.e Cc==. ass:en :s reassess = g the raqu:.-*=ent of pars; sph 4 0 (!) of 2.:s impilCations cf ;h"!::al "?at-DOT * *ecnon. i=;1e=ented 'asing cal 7
- quid-ses.rches cf u:ense* t=;. crees and : heir ment espa.ble of detec ng *. rear. s. ex-value is a aart cf a :, cts! ;h s: cal syst4= p;os:ves and '.ncendia.y devi:es. saus.*es consufer.ng the: elat03 to eter fea-the perfor=ance requ: emenu cf 2.is turas of me security 37stenu r-quired bT section as they apply to searches of ras'u-
- he new s.n:end=ents. Oe issue '.s
- ulte lar t=;icyees of te
- e-nsee at ce site en:e =g de protected aras of te nu-com; lex and invoices ra=;* cat: ens of employee =crale and de ef*ctiveness of clear power nactor, the sear:h ;*r se sad in me context of the ' a! secu : 7 syste=. Oe Co".
Efect:ye da:e: Sapte=ber 02.13"7 sten.e.beves tha:. me cuesten of ;c- (see.1sti. me. I ss-Tos sa mt. na.-We.
dom 1 start.n s var sn.s =cre d111ber3*.e g,, gg.g-, gg gest. 4;3; see, got, p23 ;,, 33_
and *.horengh review: T:*h *:4.117e so-U8. 22 3M.343-:.343, hb. I H *"J. W ht.
lic!!& 1on c( public rev*Jrw add ccen="Ets.
413 142 ".3.C. 22ol, s441)).
- -. ~
Motut 2fC4sT2L YeM. 42. No.13%.my, t:r**J5at :t tFr EUCl0Sure "3"
s RULES AND REGULATIONS 34765
[7e90-01]
an amendment to one of the require-men:s of the effective rule relieving PART 73-PHYSICAL PI OTECilON CF unti3 au;;u3 24, 19;3. er until the PLANTS AND MATE."JALS Ccmminton directs ctherwise prior to
.GENCY-U.S. Nuc! car Regulator 7
- hd*l
- re fr
- .-Q-who are regular emp;oyees of the 11-ACTION: Extending date for full im-censee at the site at witieh the licensee plementation of rule.
is authorized to o?cra:e a nacicar SU?.CJARY: Because of de!avs In re.pom re20 or. Ho vever. :he impact of the picpcsed mater:al a::ess authcri-ce:cm;. ins:21!!ng r.nd tening ccm:0
- ton picgram. now uncer censidera-nents of phr:! cal secur".y systems at tion by the Cc::. mission. cn the read the var'cus licensee facih:ics to full 7
!cr physte:1"pr.t dow.T* searches of h-impMment 10 CFR 73.55 and 'ce:ause censee employees will not be knorin of the need for time in the det:sica until the Commtssson has rnde a fmal process ict the Commimicn's picposed decision on whether to re:tuire such a ma crial access authori:stica pro-program. FucM henb;3 cn We om tr am. in part.cu!:r with re:pect to its grn= have just been c =;;!eted so that effect en tne use of physical senches.
the Comm ssion du;sion on the pro-the Mu: lear P.e-ula.to / C nunission is amending 1*s regda:icts grante; a gram is not exprcted u'::il after one. time ex:cnzion to ce;3y full bple-8.urist :4.1973. The s:sff censiders the mater:M acceta au:h:nratica pro-mentation of the phystral pro:e:tien requiremenu of 10 C2R 73.55 fro:n gra n to be an f a:o:-*:n-f20*cr in Au;ust 24.1370 to Febru try 23,1973. safe;uards pr:grrr. ef;e:tiveness. The L!censees W1 be expected to expedi:e Cemnussion is al.so sa::sfied that the 1:se of elec ror.'c matal and expleave full implemen:: tion of the rerahtion.
search devices for licensee employees includ=g ;:ur:hases and in..:alia: ion of IS IUll7 Sat!5ff0!OTT E5 13 LUI! Tim both exp;csh e and metal detectors by mes.sure for dete tin: devices which February 23. lo"9.
could be used fer induttriil 32botace.
Er r CTT.*E DATZ: Aurast 7.1973.
In censideranen ef: '1) The need for FOR FURTEIR 2 GOR 2iATION extension of implemenu.:ica c:me: (2)
CONTACT:
the recc m:ed value of the Commis-sion's material 10 cess ?.uth:r m :ica u.wr. Robert A. C,. ark. Chitf. Reactor
. 3*.a'-'
a'a d W' ' a 1~- t v' ' c meY
.c.a:e gue.ss L.u...si..1 v.1.+..~. 0::.u..
IO ref;uir"e "P0t Ccw'n"" se".rches for"03-7 of Nutear Resc:ct..eCulaticn. U2.
ia
+ f u.e.2. p ee.
~ -.
O.ye.3' $.bt [ec.Yed to d'e af$.y tic'n Nu: lear Rer;hto.
C mmission.
W:sh.in,T en. D C..]C.55. ;hene 301-a a cne-t.4.,. c e.,.
.;cn t o,..%.... a -...,
... m g' ' "* 0-centation requi :nlen: of 10 CF2.
SUPPLD! INT.25.Y INFOR:.fATION:.73.55 from Aurast 24.197d to Febru?
Februar/ Ot. 1977, the N : lear cry 23.1973. The February 23. 1973 Re;L.atcry Cenunisst:n ;ubr:hed in dat*.c estab;ish fu'l un;;ementation the FI:n.u. Erc:sn.a H2 ~2 1C'.3G) is fint.1. Li:ensees are en:c.ed to ex.
effe:tive ameninents to 1:s rcraia-pedite full i: ;'.e. Ten:2::cn cf ne ter-t:0n: m 10 CFR ;::rt 73 ' Physical Pro. u'a:icn. inclucm; the purch:r.e end in-te icn of F; ants and
/.a:erials." stMis'.icn cf bc:h e::pic.vc and =e'..1 These a--**ats ident!!!ed : c:s. detec:c-s by t*:2: da:e.
ures to te taxen for the :rotec::en of The C =mus:en hes dete r.ined nuclear ;:mer reac:cr3 crainst indus-that this at:!cn is consistent w;th S trial sab t:ae in toe mierest of corn:nen defense and recutiv r.nd tb :
common defense and se:unt" and the prote::ic: of public heahh and safety.
public healin and safcty. The licensees The Commi:s;cn has, f:r good cause, are r?quirec to 1.mplement their securi-fou :d that no::ce and pudic ::rece-ty p;1n and ccTp:y wr.h these in.
dure en this amendment are ua.neces-crer. sed ;:re:e::ica re:urements by ss.y because M1 affec cd persens will Aura t 24,1373. :.fcs, Stensets have receive the benefit of ha. ng more werxed towarc expec' ::us and tu;I time to mes: 'he recurements of 10 implemen:stion of thi: Pre ;urement.s.
CF*'l 73.53. The amen 0=ent is also Rowever due to: (1) De;;ys in recer.- Dade effective im.e Micly en ;ubM-mg long les-1-t;me c:n:pment end ob. ca:icn in the F:r m u.
Re:m tr.irunt; specif:c equement wn=h is (August 7.1973) tccat:Fe it serves to not readily available. t 2) de;ays ;n een. re!! eve a restnetica currently imposed struction causec by :.sene w: a ner On affected.1:ensees of the Camm:.3-conditions, a:.c t3a deisys m ins alis-sacn.
tion ans res:=z o: equ::: men:. some it.
? :muant to the Atomic Erergy A:-
censees hu e it.uc.:rs they w:.1 not ce cf 1954. s amencec. the Ener;y acer.
m full ecmsiire m h these amended gani:2:icn AO: of 157 4. c.s amende.l.
re;; lat:cas by N* " N %7 5.
anc scetwrs $52 and M3 of t1W 5 cf Cn &;:: erat-r M.1977 the N. lear the Uri: d 5:::es C::c. the icilowing Regulatory Cs.n r.ssicn puou:hM in amend =cr.: to utie 10 cha;::er L C.,ce the FI:r.r u. En:r nn H2 F?. h407) of F::!ctr.1 Regu'..dena. prrt 73 is ;:ub-
- P DPe t e
.e s-o f *f 9 t rf4 s d,
Me% 9t4 6 8 86 4 *
- 4 V R f D.! PTT T 1873
_ _ _,_ _a
_\\
34766 RULES AND REGULATIONS lished as a dccument subject to codi!!.
caticn.
$ 73.55 (A:nended]
- 1. Sec* cn 'i3.55 cf 10 CFR part "31:
r.= ended to enange the date of August
- 24. 1978 to Februe.ry 23,1979 in the three places it appears in the u:.nu=-
bered prefato y p.ragraph. includtng the sentences "Inica were added pur-suant to the FTntra:. RE :sm not:ce of September 25,1977 (42 FR 5100").
Effective date: Au::ust. 7,19"a.
(Sec.1611. P;b. L 83-703. CS Stat. 948..%b.
L 93-317, 83 Stat 475; Sec. 201. P;b. L 93-438, 83 Stat.1242-1"43. P;D. L 94-79. 89 Stat 413 (42 USC. ;;01. SS41U Dated at Washington. D.C., this 1st day of August,1978.
For the Nuclear Regulatory Ccm-Inission.
S Ar:r:. J. Cm:.::.
Secretarj of.he Commission.
D7. Doc. 75-21793 PJed S-4-78; 8:45 ard f
e
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ENCLOSURE "D" INTERIM SEARCH PROCECURES FOR IMPLE.'IENTATION 0F 9 73.55(dM11 The prefatory paragraph of 10 CFR 73.55 as amended September 29, 1977 states that the performa.ce requirements of paragraph (d)(1) as they apply to searches of regular employees of the licensee at the site may be satis-fied using only equipment capable of detecting firearms, explosives and incendiary devices.
Acceptable metal detectors and explosive searching devices of the type currently available are deemed capable of detecting firearms, explosives and incendiary devices for regular employees of the
. licensee at the site.
Such equipment, if not currently in cperation must be purch' sed and made operational as soon as possible if the licensee a
using this option is to be in ccmpliance with the performance requirements of 10 CFR 73.55.
A regular employee of a licensee is one who is a full time permanent employee whose permanent work station is at the site or those employees of the licensee who report regulaily to the site (at least once per week) and includes employees of licensee contractors who are regularly employed at the ' site.
All other personneP are required by xAll NRC employees are sub' ject to the search requirements of 73.55(d)(1).
NRC resident inspectors will be searched in the same manner as regular employees of the licensee at the site.
Other NRC personnel that have a government granted security clearance will be searchcd in the same manner as licensae employees wno are not regularly cmolcyed at the site as long as (1) they can prcperly identify themselves; anc (2) they have been pre-viously identified by the Directar of the Regional Office.
1 Enclosure "o'
10 CFR 73.5S(d)(1) to be searched at points of personnel access to the protected area.
The following are acceptable methods for satisfying these requirements:
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(a) A search program consisting of:
(1) processing all individuals through an acceptable metal detector, (2) processing all individuals through an explosives search device of the types currently available, (3) conducting a " hands-on" search of at least 5% (selected randemly) of all licensee's employees who are not regularly employed at the site, (4) searching a regular empicyee at the site with a " hands-on" search, when the licensee has a well grounded suspicion that the individual may be carrying firearms, explosives or incendiary devices, (5) cc,aducting a " hands-on" search of all other indi-viduals, and (6) subjecting all outer garments such as the coats or heavy sweaters of each.individ'ual who is not a regular employee at the site to the search requirements at the entry to the pr';tected area.
The process and procedures which select the individuals to be subjected to a " hands-on" ~
search on a random basis must:
(1) require the search to be conducted when the randem selection process indicates, regardless of who the persen to be searched is,'and (2) ensure that an individual entering the search pro, cess area cannot know in advance if he or she will be selected for the "ha'nds-on" search.
(b) For those facilities which have only metal detectors installed and operable, the personnel search program for non-regular employees described in (a)(3) above is acceptable provided that the percentage of 2
Enc 1csure " d'
irdividuals randomly selected for " hands-on" search is increased to at least 10%.
For those facilities which have only an explosives searching system in operation, the " hands on" search requirement of (c) belcw applies.
(c)
For those facilities which have neither metal detectors nor explosives searching devices installed and operable, the perscnnel search program for non-regular employees described in (a)(3) above is acceptable provided that the percentage of individuals randenly selected for " hands.on",
search is increased to at least 20%.
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3 Enclosure "D"
ENCLOSURE "E" BACKGROUND CN PAT-00WN SEARCHES The Commission published the physical security requirements Tor nuclear power plants (10 CFR 73.55) on February 24, 1977 (42 FR 10836).
One of the requirements, 73.55(d)(1), published at that time stipulated that " search of all individuals shall be made" at all points of personnel and vehicle access into a protected area, and that this search "shall be conducted either by a physical search or by use of equipment capable of detecting such devices."
Explosives was one of the devices that had to be detected; equipment to reliably detect all types of explosives or under shielded conditions is not available.
The initiation of physical searches (pat-dcwn) at plants prompted objections by unions, individual employees, utility management and members of Congress.
One union local attempted to forestall implementation of physical pat-down searches by a court injunction and a petition by Wisconsin Electric Power Company, et.al., was received and noted by the Commission which requested, in effect, removal of the search requirement and dependence on instrument s,earches unless the licensee determined that physical searches were appropriate.
As a result of this public comment the Commission amended the prefaratory paragraph cf section 73.55 by adding additional sentences to qualify who should be searched and under what condition the search should occur.
Also, the implementation date was changed from May 25, 1977 to August 24, 1978 and permitted instrument searches to satisfy the search of regular employees of the licensee at the site.
SECY 77-499 presented these facts to the Commission along with the
Federal Register Notice which appeared on September 29, 1977 (42 FR 51607),
Enclosure "B".
SECY 77-578 further addressed the issue of pat-down searches, responded to the petition by Wisconsin Electric Power Company to the effect that the Commission was not taking action on the petition pending a more thorough analysis of the ef fectiveness of pat-down searches and the value of alternatives to such searches, and discussed alternatives to the pat-down searches.
These alternatives listed in Enclosure "F" of SECY 77-578 are as follows:
a.
search at vital areas (entry prevention) b.
personnel change rooms (entry prevention) c.
animals (entry prevention) d.
uniform use of two-man rule (use prevention) e.
compartmentalization (use prevention) f.
prevention of detonation (use prevention) g.
personnel reliability (entry and use prevention).
In the recommendations of the paper it was noted to the Commission that "one alternative that would provide a significant measure of increased protection is an NRC access clearance program such as currently under consideration by the Commission."
A follow-on staff paper, SEoY 78-210, presented alternatives for Commission act an with regard to the Petition by Wisconsin Electric Power Company.
The alternative accepted by the Commission was to delay action on the petition and continued " implementation of search requirements in accordance with Enclosure "J" to SECY 78-210 (Enclosure "0" to this paper).
2 Enclosure "E"
The basis for this choice as stated in SECY 78-210 was that a " material access authorization program coupled with the other elements of licensees physical protection systems will provide high assurance of protection against sabotage without physical searches of those persons holding access authorizations except for cause.
In addition, such an access authorization program would provide enough assurance to eliminate in most instances, the need for additional compartmentalization or two-man rule procedures at existing operating nuclear power plants."
The date for implementing pat-down searches was further extended by SECY 78-210A to February 23, 1979.
This extension was included as part of a more encompassing extension which granted similar time to implement the long lead time items required in section 73.55 because licensees were having difficulty in receiving, installing and testing equipment, and delays in construction caused by adverse weather conditions.
The exten-sion was noticed in the Federal Register on August 7, 1978 (43 FR 34765),
Enclo3ure "C".
3 Enclosure "E"
ai 5
Nk o
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5S P ll R P 0 S E TO OBTAlti C0FlilSSI0il APPRNAL OF 3 fumi DELAY FOR:
PAT-DOW1 SEARCHES TWO-fW1 RULE COMPARTMEf1TALIZATI0t1
B A C K G R 0 ll il D EEB. 24. 3977 - %73.55 EFFECTIVE RULE PUBLISHED (REQUIRED SEARCH PROCEDURES BY IhY 25,1977)
SEPT. 2919E - 15 Mormi DELAY GRAffTED BASIS: IIEED TO REVIEW OUESTION OF PAT-DOWN SEARCHES Aua. 7. 1978 - 6 mtmi DELAY - TO FEB. 23,1979 BASIS: A) E0PT. DELIVERY PROBLEMS B) fIEED DECISION ON MMP e
o
olAIUS EQUIPt M NO NEED FOR FURTliER D ELAY ldARCH RQMT INTERIM PROCEDLRES IN EFFECT MMP NOT YET DECIDED h
STAFF RECOMMENDAT10ft CHANT 3 ITXITH DELAY FOR:
- PAT-DOWN SEARCHES
- D&t'AN RULE
- COMPARTTEf1TALIZATION PASIS:
- 1) ADEQUATE ItiTERIM PROTECTION IN PLACE
- 2) NEED DEPENDS ON Il%P DECISI0f1
- 3) COMMISSION NEEDS ADDITI0tJAL tit'E
- 4) FAILURE TO DELAY = PAT-DOWN SEARCHES N!D n &r'ni RULE ON FEBRUARY 23,1979 O