ML19317G859

Forwards Notice of Petition for Rulemaking & Proposed NRC Regulations Re Physical Searches on Individuals Entering Protected Areas

ML19317G859
Person / Time
Site:	Rancho Seco
Issue date:	09/22/1977
From:	Case E Office of Nuclear Reactor Regulation
To:	Mattimoe J SACRAMENTO MUNICIPAL UTILITY DISTRICT
References
NUDOCS 8004010705
Download: ML19317G859 (3)

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m September 22, 1977

-a Docket No.:

53-312 e"

Sacramento !!unicipal Utility District..

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ATTH: Mr. J. J. Matticoe pM Assistant General Manager r==

and Chief Engineer _...

6201 S Street P. O. Box 15830

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Sacramento, Qlifamia 95813.....

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g mw L:s.T Gentlemen:

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'N H 0 N E AR GEHERATING.STATI0tl.,,

RE:

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Enclosed is a Federal Register Notice of a petition for rulemaking regarding physical searches of individuals entering a protected area of a nuclear power plant and a copy of a proposed NRC regula-tion which would require clearances for those individuals who are permitted unescorted access within nuclear power plants.

The Commission is assessing the implications of these two actions, particularly the " pat down" searches of individuals, and their value as elements of the total physical protection system needed for nuclear power olants.

Also, the Commission is concerned with the potential effects on employee effectiveness and morale of the physical search id and other requirements for the physical protection of nuclear reactors currently specified in 10 CFR 73.55.

In this regard, the Commission is endeavoring to identify alternatives

1 that achieve the needed protection of nuclear power plants when-combined with the other elements of the total plant security system.

The Commission wants a broad base of public comment on these issues and, recognizing that physical searches and the obtaining of government p

clearances directly affect your employees, the Commission requests y

that you inform them of this notice of rulemaking and of the proposed L

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clearance rule, and of the desire of the Commission to obtain comments I"

j directly from those who are or would be most affected, s R s

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We request that you post this notice on employee bulletin boards or otherwise notify your employees of the Comission's concerns and desire for comments on these issues.

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Sincerely, Edson G. Case, Acting Director

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Office of Nuclear Reactor Regulation i=

Enclosures:

DISTRIBUTION:

.As stated Docket File

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NRC PDR cc w/ enclosures:

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See next page ORB #4 Rdg

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TCarter Attorney, OELD OI&E (3)

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s Sacramento Municipal Utility District

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cc: David S. Kaplan, Secretary and General Counsel 6201 S Street fl-EE Post Office Box 15830 r2 =E -

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Sacramento, California 95813 Business and Municipal Department p;:

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Sacramento City-County Library 828 I Street E-

- Sacramento, California 95814 E

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August 19, 1977 h. h ;f 3

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UNITED STATES OF AMERICA O'

NUCLEAR REGULATORY COMMISSION

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In the Matter of

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PHYSICAL SEARCHES AT

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Docket No. PRM 'll'- d

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NUCLEAR POWER REACTORS

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PETITION FOR RULE MAKING Pursuant to 10 CFR 52.802, Wisconsin Electric Power Company, Wisconsin Public Service Corporation, and Baltimore Gas and Electric Company, hereby petition the Nuclear Regulatory g:

Commission to amend 10 CFR 573.5S (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 demonstrated U

by the absence of. such physical searches for facilities such as F

f those in which naclear weapons are stored as well as for a_.e.,

other highly sensitive areas.

However, " pat-down" physical searches e

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 would modify

j 10 CFR 573.55 (d) (1) by deleting the bracketed words and adding O&LC- %

the underscored language:

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

Identi-

.d fication and search of all individuals shall be i.

made and authorization shall be checked at such

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points. The licensee shall.. post signs at such points informing individuals that they may be subject to physical search prior to entering a

' protected area.

The search function for detection of firearms, explosives and incendiary devices a

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shall be conducted (either by a physical search l

or] by use of equipment capable of detecting such devices, to the extent such equipment is reasonably available. The licensee may conduct a physical y

search of an individual if deemed necessary or appropriate.

The individual responsible for the l'

last access control funcuion (controlling admis-t sion to the protected area) shall be isolated

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within a bullet-resisting structure as described is in paragraph (c) (6) of this section to assure their ability to respond or to summon assistance.

p A memorandum in Support of Proposed Rule Making is

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E-attached which sets forth the justification for the proposed

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.o rule.

t Respectfully submitted, L

SHAW, PITTMAN, POTTS & TROWBRIDGE L

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By A

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[' / Jay E./ Gerald Charnoff

-i Silberg

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1800 M Street, N. W.

Washington, D. C.

20036 (202) 331-4100 Dated:

August 19, 1977 l

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7 ALgust 19, 1977

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.l UNITED STATES OF AMERICA I.i NUCLEAR REGULATORY COMMISSION p

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PHYSICAL SEARCHES AT

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Docket No. PRM i h k

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NUCLEAR POWER REACTORS

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4 MEMORANDUM IN SUPPORT OF PROPOSED RULE MAKING

..r On February 24, 1977, the Commission puolished in the Federal Register amendments to its regulations setting forth requirements U

42 Fed.

k for the physical protection of nuclear power reactors.

Reg. 10836.

A:r.ong these requircments is the obligation. imposed i

b by 10 CFR 573.55 (d) (1) that at all points of personnel access to and the protected area " searches of all individuals be made" the " search function for detection of firearms, explosives, that and incendiary devices shall be conducted either by a physical search or by use of equipment capable of detecting such devices."

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Petitioners Wisconsin Electric Power Company, Wisconsin Public Service Corporation, and Baltimore Gas and Electric Company believe i

that a requiremen: for a " pat-down" physical search is unnecessary in view of the other protective measures required, the absence

'l of such a requirement for other (and more sensitive) facilities, q

and the serious problems which the physical search requirement imposes.

On the other hand, " pat-down" physical searches should are suspicious be per: tit

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at individuals about an 6 b ' [ JJ DUPLICATE DOCUMENT

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entering Entire document previously OOl1 20907 enter into system under:

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No. of pages:

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14880 proposedrules

'l Th8s sectlen of the FEotAAL REGISTER containe notices to the puark, et the peepened teo once et ndes and reswistions. The purpose et these pettces is to give interested persens an opportu 8ty se participate in the rule ensking prter to the adopteen of the f. net evi,g, n

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-I the opintpn of the Commission are im.

1 portant to the common defense and se.

curity that may be conducted only by persons whose character. associations and loyalty shall have been investigated under standards and specifications established by the Commission and as to whom the Comminston shall have deter.

mined that permitting each such persca to conduct the activity will not be in.

imical to the common defense and security. * * ***

Pursuant to this statutory authority, the Commisalon is proposing regulattor.s which would require certain individuals involved in the operation of licensed nu.

clear power reactors and fuel reprocesr.

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ing plants. In the licensed use, process.

ing. of storage of certain quant!ttes of dim D

special nuclear materials. and in the transportation by the private sector of certain :4uantitles of special nuclear l

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~V" material, to receive authorization frcm n'

the Commission for access to or control D

i over special nuclear matertai. These reg.

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ulations are being prepared to utlitre a O

personnel security program as a merJure to protect against those employed in the affected nuclear activttles who might conspire to steal or divert special nuclear material or conduct sabotage which would endanger the puble by exposure to

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radiation. Of course, a clearance program itself does not entirely solve the problem of the " Insider." but. In the opinion of the Commission, expertence has shown that such programs do substantially re.

duce the risk of such conspirac!cs More.

over. the proposed program is one of seversl elements in the Commission's overall safeguards program which to-getrer protect against threats, both in.

terr al and external.

Two levels of special nuclear material access authorization are proposed. The higher level. NRC-U. would t e based upon

s. full.flaid background investtration and would apply to til allindividuals u ho re.

quire unescorted access to special nu.

clear materfal or sithin vital areas, ill) those _icbs in which an indhidual alare NUCt. EAR REGULATORY r in e nspiracy with ancther ind:vidtist COMMISSION who does not possess an NRC-U special

. nuclear matertal a: Cess authortzation

[ 10 CFR Parts 11,50 and 70 ]

could act to steal or divert special nuelcar SPECIAL NUCLEAR MATERIAL material r to ecmma sabotage, and stil8 drivers of meter ventcies and Atlet.s of Author:ty for Access to or Control alteraft transportant certain Quent1ttes Section 1611 of the Atomic Energy Act of special nuclear material and those who cf 1954 as amended. permita the Nuclear escort read. tall. air er sea shts:ments of rescrtbe reg. =pecial nuclear mater:al Tha low er IM el.

ce program NRC-R. wou:d be based upon a National LO

] SCC Agency Check and sould apply to all indl.

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"d'*I' ' h "" '"'8c o' t'd

• ec'" t o DUPLICATE DOCUMENT ides tha.

attons..t t.he.

protected areas and u no are not required ving quant!. to possess an NRC-U special nucleai*

Entire document previously rtal waleh in material access authertzation.

entered into system under:

4 4 rp gg escar. mm ir. mr No. of pages:

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PRSP2SEO RULES 14bb1' Loth the Naticnal Ageny Check and questions of access to special nt; clear Cartma rom Drvenur=rwe Er urmrvr me the full-fic!d background investigation rnatertal, and some may not be perceived speci e. Nvettan Evniat Access Au-are condneted by the Civil Service Com. as relevant in specinc cames. Also, there.

mosuanw mission The National Agency Check may be ca.ses in which additional cri-113t Application ot tho crnerla comists of a check of files of the F131 teria, not now included in 10 CFR Part a nnterprint. criminal, and subversive

10. would be more to the point. Ilowever.

guyo,,,,. W L M L 03 m* as mt 475; see. Isll PW 1. a3 703* Se Stat Dee (43 files 1. Cavil Sersice Commis=toin <Secu-these criteria do corre* pond to the Fed. tra c.ston).

rity-Investigative Lndex) and a check of eral Government's general approach to mahtary records and records of other persorinel secu Ity, and speelfles!!y.

Gewanar. Psovrsrows government prencies, as appropriate. The ERDA had adopted them for use in its $11.1 Purpose.

full.ficId background investigation con-own materials access prograin (42 FR ststa of interviews of references, conduct-7946L Furthennore, the criteria are in This part estab!:shes the recprirements ed by investigative agents of the Civil the nature of guidelines to be used in a g,r special nuc! car material access au-Cervice Commluton, in addition to the decialon process characterized by com-thortration, and the criterla and proce.

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records check Sources of information de.

mon sense judgments, rather than quan-dures for resolving questions concerning r

veloped in the course of the investigatton titative criteria. Moreover, the Commis. the eligibility of individuals to receive tre also tnterviewed he full-fleid back. ston is reluctant to devise a new set of special nuclear maf*rf al access autheri-ground investigatton conducted by the criteria without evidence that any new ration for conduct cf certain activities.

Civil Servire Commission generally cov-criteria would significantly improve lleensed or otherwise, which involve se.

ers the 15-vur period of the individual's upon those which prasently exist. Hence, cess to or control over uncisa ifled spe.

c.dult life prior to the investigation.

W Commission's pmposal la to rely on M @amaMal.

The program being proposed by these the government-wide criteria as gulde- $ 11.3 Scope.

i d* iding a regulat ons is intended to supersede any r

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nu lear m al

. (a) he requirements. criteria, and

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existing requircraents for licensees to

.ne Commission particularly requests' procedures of this part apply to the es-screen or otherwise assure the trust-worthiness of their personnel commenta both on the relevance of indl. tablishment of and eligibility for special If the Comrnission adopts the proposed vndual critesla of 10 CFR Part 10 and nuclear material secess authortsation on the completeness and suitabill'ty of for employees. contractors, consultants e,mendments. heensees and Itcense appf t-cants would be requ red to amend their the criterLa as a whole for questions of of, and appl: cants for employment with.

security plans t'y identif ying and describ-access to or control over special nuclear licenates or contractors of the Nuclear F

ing jobs at their facilities which require material. he Comrnissloc intends to give Regulatory Comm!ssion where such em.

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careful cMmh M h h%,m ployment. contract, service, or consulta-t r.uthortzation. Acected individuah would the light of comments received. La d - tion involvos any job falling within the

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e ut u a rli g

th[ t[ ming the provisions of an eSective crit of ll 11.11 or 11.13 of this g r.

Pursuant to the Atomic Energy Act of (bl De requirements, criteria. and red o s o chang j s wher n

Job would require a material access au-1954, as amended by the Energy Re-procedures of this part are in addition to 3r thorization must c,btain an authortzation ottan12ation Act of 1974. and section 553 and nct in lieu of any requirements, crl-E before beginning the job. Authorization of title 5 of the United States Code, teria, or procedures for access to nr con-y would be updated esery five years.

notice is hereby given that adoption of Mr classM special nuclear ma.

With due recogntr.ation of the gravity a new 10 CFR Part 11 and adoption of

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of establishtrig a material access authort, the following conforming amendments I 11.5 Policy, s

sat:on program :n the licensed nuclear to 10 CFR Parts 50 and 70 la contem.

industry which wot.ld affect individuals p ated All interested persons who destre It la the 3.c!)cy of the Nuclear Regula-sho are not employed by any licen.<ee or to sumbit wntten comments or sugges-tery Commiston to carry out its au-thority to establish and administer a contractor of the Comm:ssion as well a.s tions with respect to the proposed lirensee employees it is the Commission's amendments, or sny other matter pert!* personnel security program m the inter-intent to mantmire both the impact on ent to the subject of this notice, should eats of the cominen defense and security the richta of crtracy and association of send them to the Secretary of the Com* for the purpose of safeguarding special Indalduals affecte1 arut the number of mission. U.S. Nuclear Regulatory Com* nuclear material an$ preventing sabo.

malviduals affecte1 while providing an m;ssion. Washington. D C. 20555. Atten*. tage which would endanger the pubtle try e ective measure of protecttan against t, ton: Docketing and Eervice Branch, by exposure to radiation in a manner con-those sho sou!d seet employmerit with.

..!ay 16.1977. If suftelent interest is evi-sistent with traditional American een-cr use their pout;en in. the nuc! car in, denced by comments received, the Com* cepts of justice. To this end, the Com-mission has estabhshed criterla for d 1stry for pureases cf thefL or sabotase mission will give consideration to a public In prepar:ng these regulations among the hearmg on this rnatter. Coples of com* determining eht!b;11ty for special nu-matters considered were the scope of in-ments on the prcposed amendment 4 may clear material access authorization and will s!!ord a!!ected individuals the op-vestiga tions 'e g-whether a full-neld be examined in the Commission's Public portunity for administrative review cf background invest lraticn should be re. Document Room at 1717 H Street. V >/ Quesuons concerning their eligibility for quared for &!i tr.dioduah), which job Washingtnn. D C.

special nuclear material access autheri-functions should require material access

1. A new Part 11 is added to read as E"tIO"-

authertratton se g. resu:re authouratten gogg ws enly for "xty" positions or adopt a I 11.7 Definitions, raded svstem w;th lese! of clearance de.

PART 11-.-CRITERIA AND PROCEDURES d in this #*rt**

As u.se.erms defined in Parta 10 50. %.,

ter:rtned by JobL ahether Dsychololrical FOR DETERMINING EllGIBILITY FOR

,al g wesstnent sh uld tie reautred. and the ACCESS TO OR CONTROL OVER UN.

rCatton of t".e prc;~ sed program to cur.

CLASSlFIED SPECIAL NUCLEAR MATE. and 73 of this chapter have the same RIAL meaning when used in this part.

rent NRC and ERDA personnel security omsmat paa,ision, tbl 'Special nuclear material access gregrama authoritation" means an administrative ng pu The Ccmmt.mc.n ato conMerel 'he it 3 sec p..

determination that an individual fin-Ghe? tion of wheter nea cr:teria sh m!d 11 5 Policy clt. ding a contractcr or consultant) who 17 Dennations is employed by or is an applicant for em-te deselcped aga.nst w hlch a deciuon fcr author: ration woWc be made The namarwents ros sarcan NucLaas WTutH.

ployment with a Ccmmuston contractor.

re'ent NRC tecurity ric. stance craterna

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'!O CFft Part toi sere develcred for il 11 RequirementA at f!aed sites 11 33 Require rnenta in transportat;ca wCrt at a job whlch a!!ords access to or t

acce" to infCrr% tion and. Es such. net i

gg g3 Ac3Mftt!cn for speelsJ n uclest Control cier spec 1&l nurlear material add el criteria may be evally signiSeant fCr rnatettal access author 1. ration that permitting the md!

to werk D

D I 8tDisat sIGe1733. vot 42. NO.12-IHus$ DAY, M AfCM 17, 1977

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