ML19317D259
| ML19317D259 | |
| Person / Time | |
|---|---|
| Site: | Oconee, Crane  |
| Issue date: | 08/19/1977 |
| From: | NRC COMMISSION (OCM) |
| To: | |
| Shared Package | |
| ML19317D255 | List: |
| References | |
| NUDOCS 7911190637 | |
| Download: ML19317D259 (1) | |
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i NRC POSITION REGARDING PLANT ACCESS FOR NRC PERSONNEL NRC PERSONNEL NRC personnel are visitors to the plant and will generally fall into one of two categories.
These categories and the access control 4
procedures for each are described below:
T.
NRC personnel who are identified by the Director of the NRC Regional Office as likely to inspect the plant.
Such individuals will be provided permanent non-employee, no-escort-required picture badges as authorized by 10 CFR 73.55(d)(5), and added to the authorized personnel list.
These badges will be kept at the protected arei access control point (gate house) and will be issued to NRC person iel in conjunction with nonnal identification and search fu retians.
2.
Other NRC per :onnel..
Individuals who fall into cnegory 2 will be treated as normal plant visitors.
Plant visits by other NRC personnel wil be prearranged.
If other NRC personnel, not accompanied b an NRC inspector (category 1), request entry into the plant wit iout prior arrangements, the NRC Regional Office will be consu ted imediately.
The NRC Regional 'ffice or other NRC Office, if appropriate, will identify each induidual described above with the following infonnation:
Name, NRC badge or credential identification number, Social Security Nurter, date of birth, and clearance (if appropriate).
It should be noted that such individuals could include NRC contractors or consultants and in that case, a suitable substitute identification number will be provided.
Individuals falling into category 1 are authorized to serve as escorts for individuals of category 2, consistent with normal plant escort requi rements.
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Title 10 - Energy CHAPTER I - NUCLEAR REGULATORY ComiISSION PART 8 - INTERPRETATIONS Interpretation by the General Counsel of 10 CFR 73.55.
Illumination and Physical Search Requirements AGENCY:
Nuclear Regulatory Con: mission ACTION:
Final Rule sum!ARY:
The Nuclear Regulatory Cor=rission's regulation
" Interpretations" is acended by adding an interpre-tation by the General Counsel of the requirements for ph sical protecticn of licensed activities in nuclear J
power reactors against industrial sabotage set out in the Commission's regulation " Physical 2rotection of Plants and Materials." The interpretation clarifies the illuminati..n and physical search requirements of the regulation.
JU.13 0 E77 EFFECTIVE DATE:
This rule becomes effective on l
l FOR FURTHER LVFORMATION CONTACT:
Mr. C. W. Reamer l
Office of the General Counsel Nuclear Regulatory Commission Washington, D. C.
2055p Tel. (301) 492-8155.
l SUPPLEMENTARY INFORMATION:
Pursuant to the Ato 1c Energy Act of 1954, as amended, the Energy l
Reorganization Act of 1974, as amended, and sections 552 and 553 of Title 5 of the United States Code, the tollowing a=end=ent of Title 10,
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j Chrptar I, Coda of Fedsral Regulations, Part 8, is publish d as a
" document subject to codification.
A new section 8.5 is added to read as follows:
5 8.5 Interpretation by the General Counsel of Sec. 73.55 of this Chapter.
Illumination and Physical Search Requirements.
(a) A request has been received to interpret 10 CFR 73.55(c)(5) and 73.55 (d) (1).
10 CFR 73.55(c)(5) provides:
Isolation zones and all exterior areas within the protected area shall be provided with illumination sufficient for the monitoring and observation require-ments of paragraphs (c)(3), (c)(4), and (h)(4) of this section, but not less than 0.2 footcandle measured horizontally at ground level.
(b)
The requester contends that the regult ion is satisfied if 0.2 footcandle is provided only at the protected at boundary and the iso-l latio'n zone. The language of the regulation is clearly to the contrary.
It requires not less than 0.2 footeandle for "all exterior areas within the protected area."
This regulation helps effectuate the =onitoring and observation requirements of 10 CFR 73.55.
For example,10 CFR 73.55(c)(4) states that "[a]ll exterior areas within the protected area shall be periodically checked te detect the presence of unauthorized persons, vehicles or materials." In the absence of illumination, such checking could not be fully effective.
(c)
The requester also asks whether the illumination requirement -
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cxtsudo to the tops and sides of buildings within the protected area.
j To effectuate the monitoring and observation requirements cited above, illumination must be maintained for the tops and sides of all accessible structures within the protected area.
This interpretation is consistent with that given by the Commission's staff to affected licensees and applicants at a series of regional meetings held in March of 1977 and will be reflected in f.orthcoming revisions to NUREG 0220, Draft Interim Acceptance Criteria for a Physical Security Plan for Nuclear Power Plants (March 1977).
(d) 10 CFR 73.55(d)(1) provides in pertinent part:
The search function for detection of firearms, explo-sives, and incendiary devices shall be conducted either by a physical search or by use of equipment capable of detecting such devices.
(e)
The requestor contends that until " equipment capable of detecting such devices" is in place, a licensee need not comply with the search requirement, but can utilize instead previous security programs.
This contention is based on the first sentence of 10 CFR 73.55 which provides in pertinent part that the requirements of paragraph (d) of that section l
l shall be met by May 25,1977, "except for any requirement involving con-l I
struction and installation of equipment not already in place expressed in [ paragraph ](d)(1)
." Under this sentence only those requirements of paragraph (d) which involve " construction and installation of equip-ment" do not take effect on May 25, 1977.
Because a " physical search" does not require " construction and installation of equip =ent",
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, implementation of such searches is required on May 25, 1977. The regula-i tion provides alternatives:
the search function... shall be conducted either by a physical search or by use of eqi:ip= ant...."
Thus when appro-priate equipment is in place, the search function need not involve a physical search.
(f)
The paragraphs above set forth interpretation of regulations; they do,not apply those regulations to particular factual settings.
For example, no effort is made to state what lighting system might be used for a given facility; all that is stated is that a system must provide not less than 0.2 footcandle for all exterior areas within the protected area.
Similarly, i
no effort is =ade to define what is an adequate " physical search"; all that is stated is that, in the absence of appropriate equipment, such searches must begin on May 25, 1977.
Effective Date:
This a=endment becomes effect: Lye oc JUN 3 01977 (Sec.161, 68 Stat. 948; 42 U.S.C. 2201).
Dated at h */wsa k
M.I' tb.is / 74 day of 9 W 1977.
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O For the Nuclear Regulatory Co= mission 1
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James L. Kelle.y Acting General unsel l
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