ML19317D251

Petition for Rulemaking by Wi Electric Power Co,Wi Public Svc Corp & Bg&E Requesting Amend of 10CFR73.55(d)(1) Re Access & Physical Searches

ML19317D251
Person / Time
Site:	Oconee
Issue date:	08/19/1977
From:	Charnoff G, Silberg J SHAW, PITTMAN, POTTS & TROWBRIDGE
To:	NRC COMMISSION (OCM)
Shared Package
ML19317D241	List: ML19317D251 ML19317D253
References
RULE-PRM-73-2 PRM-73-2-01, NUDOCS 7911190631
Download: ML19317D251 (2)

Text

, .

)

. . . .) .

/ '.

.s g )*/ 3 August 19, 1977 9'. ,>, . . ,t

- , . 'g

~

' ., . / f UNITED STATES OF AMERICA NUCI. EAR REGULATORY CCMMISSION

~? O

' o a s.

In the Matter of )

)

PHYSICAL SEARCHES AT ) Docket No. PRM 'I f-J, NUCLEAR POWER REACTORS ).

PETITION FOR RULE MAKING Pursuant to 10 CFR 52.802, 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 s'earches of individuals entering a protected area. Such a requirement is unnecessary as demenstrated by the absence of such physical searches for facilities such as those in which nuclear weapons are stored as well as for other highly sensitive areas. Ecwever, " 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 $2.902 in that they own and cperate nuclear pcwer reactors and therefore are subject to the existing physical search requirements of 10 CFR 573.55 (d) (1)

The prcposed amendment to NRC's regulatiens wculd mcdify 10 CFR 573.55 (d) (1) by deleting the bracketed words and adding the underscored language:

9911190

_ ~

se

. 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 prior to entering a protected area. The search function 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 bullet-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 & TRCWBRIDGE By h k b L-d c l' ~

f f Ge,rald Charnoff

/ / Jay E. Silberg

IS00'M Street, N. W.

l Washington, D. C. 20036 (202) 331-4100

(

Dated: August 19, 1977 i

.