ML19317H044
| ML19317H044 | |
| Person / Time | |
|---|---|
| Site: | Rancho Seco |
| Issue date: | 02/23/1979 |
| From: | Chilk S NRC OFFICE OF THE SECRETARY (SECY) |
| To: | |
| References | |
| NUDOCS 8004040507 | |
| Download: ML19317H044 (5) | |
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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.
SIM4ARY:
The date when pat-down searches of regular employees at nuclear power plants, two-man rule procedures and compartmentaliza-tion have to be implemented for protection against insider sabotage is being changed from February 23, 1979 to August 1, 1979.
The delay is being granted because such pat-down searches and these other comple-mentary or alternative measures are part of an overall physical security system in which some program of material access authorization, if approved by the Commission, 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 i
pat-down searches of regular employees and these other complementary or alternative measures for protection against sabotage by an insider until such time as a decision on the Material Access Authorization l
Program is made.
In the interim, the Commission is satisfied that 4
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search procedures and other measures presently employed provide ade-quate protection against sabotage by an insider at nuclear power plailts.
EFFECTIVE DATE:
(Date of publication in Federal Register)
FOR FURTHER INFORMATION CONTACT:
Mr. Robert A. Clark, Chief Reactor Safeguards Licensing Branch Office of Nuclear Reactor Regulations U.S. Nuclear Regulatory Commission Washington, D.C.
20555, phone 301-492-7230 SUPPLEMENTARY INFORMATION:
Implementation of pat-down searches of regular employees of nuclear power plants before they are allowed
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into a protected area was first modified on September 29, 1977 (42 FR 51607) to exclude physical. searching of all regular a.mployees at the site except for a well grounded suspicion that they' may be carrying firearms, explosives, or incendiary devices.
The date to complete this implementation was also changed from 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 Commission, however, and is presently being followed.
The time for implementinkpat-downsearchesofregularemployeeswasfurther extended to February ~ 1979 on August 7, 1978 (43 FR 34765) because the Commission had under consideration a material access authorization program and wanted to evaluate the need for pat-down searches in light of this program.
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1 The material access authorization program was proposed for com-ment on March 17,1977, (42 FR 14880).
Because of the many comments from industry and the public and because of the complex issues involved, the Commission held a public hearing on July 10,11, and 12, 1978.
The Hearing Board which presided at these meetings is expected to present their finding 3 to the Commission soon.
A final Commission decision will be made after 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 Commission, provide enhanced protection against sabotage by an insider.
Other complementary or alternative sessures that have been considered by the Commission in lieu of the material access authorization program are pat-down searches, two-man j
rule procedures, and compartmentalization.
The latter two measures while 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 Commission nieeds more time to evaluate these Complamentary or alternative mea-sures in context with a decision on the aaterial access authorization program.,
In consideration of:
(1) the recognized value of the material access authorization program or an equivalent program to the final 3
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determination of protecting against the insider; and (2) the find-ings of the Hearing Board are expected to be available soon and will be an important factor in the Commission's decision whether or not to institute an access authorization program; and (3) the need to avoid an interim solution to the " insider threat" which may not be ecst-effective; and (4) the fact that most licensees will have met all the other requirements of section 73.55, the Commission is satisfied that these other measures combined with search procedures presently being followed will in total, for the interim, provide ade-quate protection against sabotage by an insider at nuclear power plants.
The Commission, therefore, has decided to delay the date when pat-down searches of r:;ular employees and these o*her cceple-mentary 'cn alternative naasures to pat-down searches have to be implemented from February 23, 1979 to August 1, 1979.
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 participation in the rulemaking pro-ceeding leading to 10 CFR 73.55. The amendment is also made effec-tive imnediately on publication in the FEDERAL REGISTER February 28, 1979 because it serves to relieve a restriction that would otherwise be imposed on affected licensees of the Commission on February 23, 1979.
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l l
Pursuant to the Atomic Energy Act of 1954, as amended, the Ener'gy Reorganization Act of 1974, as amended, and sections 552 and 553 of title 5 of the United States Code, the following amendment to Title 10 Chapter I, Code.af Federal Regulations, Part 72 is published as a document subject to codification.
$ 73.55 [ Amended) 1.
Section 73.55 of 10 CFR Part 73 is amended to change the date of February 23, 1979 to August 1, 1979 in the second to last sentence of the unnumbered prefatory paragraph of this section.
Effective date:
February 28, 1% 9 (Sec.161i, Pub. L.83-703, 68 Stat. 948, Pub. L.93-377, 88 Stat. 475; Sec. 201, Pub. L.93-438. 88 Stat. 1242-1243, Pub. L. 94-79, 89 Stat.
413 (U.5.C. 2201, 5841).)
Dated at Washington, D.C., this 23nd day of _ February 1979 For the Nu: lear Regulatory Commission.
F Samuel J. J.'hi7k Secretary of tse Commission 5
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Sacramento Municipal _ Utility District cc: David S, Kaplan, Secretary and General Counsel 6201 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 1
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