ML19274E260
| ML19274E260 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 03/07/1979 |
| From: | Hoefling R NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Cohen J, Like I, Shalpiro R Cammer & Shapiro, NEW YORK, STATE OF, REILLY & LIKE |
| References | |
| NUDOCS 7903210397 | |
| Download: ML19274E260 (6) | |
Text
0^5-flarch 7,1979 Irving Like. Esq.
Ralph Shapiro, Esq.
Reilly, Like and Schneider Camer and Shapiro 200 West Main Street No. 9 East 40th Street Babylon, itew York 11702 flew York, !!cw York 10016 Jef frey Cohen. Esq.
Deputy Comissioner and Counsel New York State Energy Office Agency BuildinD 2 Empire State Plaza Albany, New York 12223 In the Matter of LONG ISLAND LIGHTING COMPANY (Shoreham Nuclear Power Station, Unit 1)
Docket No. 50-322 Gentlemen:
Enclosed for your infonnation is an amendment to the Commission's regulations for the physical protection of nuclear power plants,10 CFR Part 73. The amendment is effective on February 28, 1979.
Sincerely.
Richard K. Hoet, J
Counsel for NRC Staff DISTRIBUTION Enclosure as Stated JTourtellotte RHoefling, BBordenick cc (w/ encl.):
Shapar/Engelhardt/Christenbury FF (2)
Elizabeth S. Bowers, Esq.
Reg. Cent., LPDR Dr. Oscar H. Paris R. Gilbert Mr. Frederick J. Shon J. Wilson Edward H. Barrett, Esq.
Edward J. Walsh, Esq.
Howard L. Blau, Esq.
W. Taylor Reveley, III, Esc.
Atomic Safety and Licensing Board Atomic Safety and Licensing Appeal Board 7903210 g Docketing and Service Section Mr. J. P. Novarro Energy Research Group. Inc.
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31b~/19 NRCFoxx 313.(9 76) NRCM 0240 p u. a. eovsmMMENT PRINTINS OFFICES 1976 43s4a4
Title 10 - Energy CHAPTER I - NUCl.FAR REGUI ATORY CC.".lI'.:5!ON PART 73 - PliYSICAL PROTECTION OF PUsNTS AND MATERIALS Pequirements for the Physical Protection of Nuclear Pcuer Plants AGEHCY:
U.S Nuclear Regulatory Ccircaission.
ACTICN:
Effective rule.
SUMM.ARY:
The date Shen pat-dcun searches of regular e.mpicyees at nuclear powar plants, two man rule procedures and compartmentaliza-t or have to be implemented for protection against insider sabotage is being changed from February P.3, 1979 to August 1, 1979.
The delay is being granted because such pat-down searches and these other ccmple-mentary or alternative measures are part of an ove.all physical security system in which scoa program of material access authorization, if approved by the Ccamission, could play an important role.
Since the Nuclear Regulatory Commission is presently evaluating the Material Access Authorization Program, it has decided to postpone the need for pat-dcwn searches of regular employees and these other complementary or alternative measures for protection against sabotage by an insidar until such time as a decision on the Material Access Authorization Program is made.
In the interim, the Ccamission is satisfied that 1
search procedures and other measures presently crpicyed prcvide ade-quate protection against sabotage by an iosider at nuclear pc..ar plants.
EFFECTIVE DATE:
February 28, 19/9 FOR FURTHER INFORl'ATION CONTACT:
!!r. Robert A. Clark, Chief Reactor Safeguards Licensing Branch Office of Nuclear Reactor Regulations U.S. Nuclear Regulatory Ccanission Uashington, D.C.
P.0555, phone 301-492-7230 SUPPLEMENTARY INFORMATION:
Implementation of pat-down searches of regular empicyees of nuclear pcuer plants before they are allcwed into a protected area was first modified on September 29,19/7 (42 FR 51607) to exclude p'hysical searching of all regular. empicyees at the site except for a well grounded suspicion that they may be carrying firearms, explosives, or incendiary devices.
The date to ccmpleta this implementatien was also changed frca May 25, 1978 to August 24, 1978.
A detailed procedure for conducting a physical search of visitors and non-regular employees was developed by the Cccaission, however, and is presently being folicwed.
The time for implementing pat-down searches of regular employees was furthar extended to February 23, 1979 on August 7, 1978 (a3 FR 34765) because the Commission had under consideration a caterial access authorization program and wanted to evaluate the need for pat-down searches in light of this program.
2
c....v;j The material access authorization prcgram was proposed for cea-nent on March 17, 1977, (42 FR 14.230).
Secause of the many cc.:ments from industry and the public and because of the cocplex issues involved, the Commission held a public hearing on July 10,11 and 12, 1978.
The Hearing 3 card tehich presided at these meetings is expected to present their findings to the Commission scon.
A final Ccmmission decision will be made af ter review of these findings The material access authorization program, or an equivalent program which provides improved assurance that individuals are trust-worthy, when coupled with the licensee's physical security program could, if approved by the Ccm:aission, provide enhanced protection against sabotage by an insider.
Other complementary or altarnative measures that have been considered by the Ccmmission in lieu of the material access authorization program are pat-dcun searches, two-man rule procedures, and compartmentalization.
The latter two measures uhile not specifically identified in the regulations have been deve-loped during the implementation of Section 73.55 in order to comply with the performance requirements of that regulation.
The Cce.ission needs more time to evaluate these complementary or altarnative maa-sures in context with a decision en the material access author program.
In consideration of:
(1) the recognized value of the citarial access authorization program or an equivalent program to the final 3
deter.aination of protecting against the insidar; :nd (2) the find-ings of the ficaring Board are expected to be available scen and will be an important factor in the Cecaission's decisica whether or not to institute an access authorization program; and (3) the need to avoid an int.erim solution to the " insider threat" which my not be cost effective; and (4) the fact that it.ast licensees will have met all the other requirements of section 73.55, the Ccm.aissicn is satisfied that these other measures ccmbined with search procedures presently being followed will in total, for the interim, provide ada-quate protection against sabotage by an insider at nuclear pcuer plants.
The Commission, therefore, has decided to delay the date Sen pat-dcun searches of regular c:c,plcyaes and these othat c=cple-1:
mentary or altarnative measures to pat--down searches have to be implemented frca February 23, 1979 to August 1, 1979.
The Ccm:aission has determined that this action is consistent with the common defense and security and the protection of public health and safety.
The Commission has, for good cause, found that notice and public procedure on this amendment are unnecessary because of the earlier public participation in the rulemaking pro-ceeding leading to 10 CFR 73.55.
The amendment is also made effec-tive immadiataly on publication in the FEDERAL REGISTER (February 28, 1979) because it serves to relieve a restriction that would othersise be imposed on affected licensees of the Ccamission on February 23, 1979.
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Pursuant to the Atc:aic Energy Act of 1954, :s. cebd, the Energy Raorganization Act of 1974, as c:r. ended, and secticns 552 nd 553 of title 5 of the United States Code, the folicwing amen <i.wnt to Title 10 Chapter I, Code of Federal Regulations, Part 17. is published as a document subject to codification.
S 13.55 [ Amended]
1.
Section 73.55 of 10 CFR Part 73 is anerded to change the date of Februiry 23, 1979 to August 1, 1979 in the second to last sentance of the unnu;abared prefatory paragraph of this section.
Effective date:
February 28, l'979 (Sec. 161i, Pub. L.83-703, 68 Stat. 948, Pub. L.93-377, SS Stat. 475; Sec. 201, Pub. L.93-438, 88 Stat.1242-1243, Pub. L. 94-79, 89 Stat.
413 (V.S.C. 2201, 5841).)
Dated at Washington, D.C., this 22nd day of February 1979 For the Nuclear Regulatory Comission.
l gAA~/-
hc s.a u-7 Secretary of th, Chi rK Samuel J.
e Comission 5