ML19317H042

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Requirement for Physical Protection of Nuclear Power Plants, 10CFR73 Effective Rule.Delays Implementation Date to 791101 for Patdown Searches of Regular employees,two-man Procedure & Compartmentalization Against Inside Sabotage
ML19317H042
Person / Time
Site: Rancho Seco
Issue date: 08/09/1979
From: Chilk S
NRC OFFICE OF THE SECRETARY (SECY)
To:
References
10CFR73, NUDOCS 8004040500
Download: ML19317H042 (6)


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Title 10 - Energy CHAPTER I'- NUCLEAR REGULATORY COMMISSION PART 73 - PHYSICAL PROTECTION OF PLANTS AND MATERIALS Requirements for the Physical Protection of Nuclear Power Plants AGENCY:

U.S. Nuclear Regulatory Commission ACTION:

Effective rule.

SUMMARY

Tne date when pat-down searches of regular employees at nuclear power plants, two-man rule procedures and additional compartmentalization have to be imolemented for protection against insider sabotage is being changed from August 1, 1979 to November 1, 1979.

The delay is being granted for essentially the same reasons cited in the Federal Reaister notice of February 28, 1979, 44 FR 11201.

It was noted in 44 F R 11201 that the Commission was awaiting the results of the Hearing Boa.rd Report on the Material Access Authorization Program befo'e a decision on the need for pat-down searches of regular employees at nuclear power plants, two-man rule procecures and compartmentalization could be made.

The Comnission receivec this report April 1979, and is presently evaluating the recommencations of this report.

EFFECTIVE DATE:

August 15, 1979 FOR FURTHER INFORMATION CONTACT:

Mr. Robert A. Clark, Chief, Reactor Safeguarcs j

Licensing Branch, Office of Nuclear Reactor Regulations, U.S. Nuclear Regulatory Commission, Washington, D.C. 20555, phone 301-492-7230 SUPDLEMENTARY INFORMATION:

On February 28, 1979 the Commission changed the date from February 23, 1979 to August 1,1979 when pat-ccwn searches of 1

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regular employees of nuclear power plant licensees, two-man rule proce-dures and compartmentalization to provide protection against insider sabotage at nuclear power plants had to be implemented.

The rationale for this extension was developed in the Federal Recister notice on this subject, 44 FR 11201.

The primary reason for delaying implementation of these measures was that the Commission neeced to consider them in light of the material access authorization program and was awaiting the fir. dings of the Hearing Board before making a decision on the measures.

The Hearing Board sub-mitted their report to the Commission, April 1979, and the Commission is now evaluating the findings.

The Hearing Board reccamendations were dif ferent from those of the staff for nuclear power plants.

That is, whereas the staff recommended a material access authorization program 3:" g ;f a fuli fielc backgrourd in.estigation for individuals granted unescorted access tc Type I vital areas, the Hearing Board recom-mended amcng other tnings a national agency check and a psychological screening program.

The staff has informed the Commission that if the Hear-ing Board's recommencations are adopted the elements of this program would require additional time to implement tnrough rulemaking procedure.

Clearly, more time will be needed to evaluate the Hearing Board's recommendations.

In the meantime all licensees have met all the other requirements of section 73.55 and the Commission is satisfied that these other measures combined with search proceoures presently being followed, and other actions being developed to assure more positive access control to type I vical areas, will in total, for the interim, provioe aceouate protection against sabotagc Oy an insider at nuclear power plants.

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Commission, therefore, has decided to delay from _ August 1,1979 to November 1,1979, the date when pat-down searches of regular employees and these other complementary or alternatives measures to pat-down searches have_to be implemented.

The Commission 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 participa-tion in the rulemaking proceeding leading to 10 CFR 73.55.

The amendment is also made effective imrediately on publication in the FEDERAL REGISTER (date of publication in the FEDERAL REGISTER) because it serves to relieve a restriction that would otherwise be imcosed on afferted licensees of the Commission on August 1, 1979.

Pursuant to the Atomic Energy Act of 1954, as E7. ended, the Energy Reorganization Act of 1974, as amended, and sections 552 and 553 of title 5 of the United States Code, the following amendment :c Title 10. Chapter I, Code of Federal Regulations, Part 72 is published as a document-subject to codification.

5 73.55 [ Amended) 1.

Section 73.55 of 10 CFR Part 73 is amendec to change the date of August 1,10/9 to November 1,1979, in the second to last sentence of the unnumbered Jrefatory paragraph of this section.

Effective date:

August 15, 1979 i

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(Sec. 1611, Pub. L.83-703, 68 Stat. 948, Pu::. 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).)

Cated at Washington, D.C.,

this 9th day of Aucust 1979.

For the Nuclear. Regul' tory Commi ssion.

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Samuel J.l Chilk Secretary of tMe Comission l

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UNITED STATES NUCLEAR mEGULATORY COMuiSSION W ASHINGTON, O. C. 70555 PosTaos Ano Frts paso U.s. N UCLE A R R EGU LA T OR Y -

OF FICI AL SUSINESS ComuissioM

, V PEN ALTY FOR Pasv ATE USE, $300 9

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Sacramento Municipal Utility District 50-312 cc: David S. Kaplan, Secretary and-General Counsel G201 S Street Post Office Box 15830 Sacramento, California ' 95813 Mr, Robert B. Borsum Babcock & Wilcox Nuclear Power Generation Division Suite 420 7735 Old Georgetown Road Bethesda, Maryland 20014 Business and Municipal Department Sacramento City-County Library 828 I Street Sacramento, California 95814 9

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