ML19319B496

Petition to Amend 10CFR73.55(d)(1) Eliminating Physical Search Requirements

ML19319B496
Person / Time
Site:	Davis Besse
Issue date:	08/19/1977
From:	Charnaff G, Silberg J BALTIMORE GAS & ELECTRIC CO., WISCONSIN ELECTRIC POWER CO., WISCONSIN PUBLIC SERVICE CORP.
To:
Shared Package
ML19319B495	List: ML19319B496 ML19319B498
References
RULE-RM-73-2 NUDOCS 8001220904
Download: ML19319B496 (2)

Text

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AuguDt 19, 1977 J

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. 'N  % # NUCLEAR REGULATORY CCMMISSION In the Matter of )

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PHYSICAL SEARCHES AT ) Docket No. PPM h ,A NUCLEAR PCWER REACTORS ),

PETITION FOR RULE MAKING Pursuant to 10 CFR 52.802, Wisconsin Electric Power Ccmpany, Wisconsin Public Service Cerporation, and Saltimore Gas and Electric Ccmpany, hereby petition the Nuclear Regulatory Ccmmission to amend 10 CFR 573.55 (d) (1) to eliminate the require-ment for " pat-dewn" physical s'earches of individuals entering a protected area. Such a requirement is unnecessary cs 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. However, " pat-down" physical searches wculd be permitted and individuals entering a protected area would be put en notice that they are subject to such searchcs.

. Existing requirements for the use of detection equipment would not be affected.

The petitioners are interested persons wishin tha meaning of 10 CFR 52.902 in that they cwn and operate nuclear pcwer 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 10 CFR 573.55 (d) (1) by deleting the bracketed words and adding the underscored language:

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Tha Licensee shall control all points c2 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

, subject 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 i 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 Preposed Rule . Making is attached which sets forth the justification for the preposed rule.

Respectfully submitted, SEAW, PITTMAN, POTTS r TRCWBRIDGE

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By A b b 'i ( l' -

/j Gerald Charnoff

/ / Ja'y E. Silberg -

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IS00 M Street, N. W.

Washington, D. C. 20036 (202) 331-4100 Dated: August 19, 1977 l

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