ML19319B499
| ML19319B499 | |
| Person / Time | |
|---|---|
| Site: | Davis Besse  |
| Issue date: | 03/11/1977 |
| From: | Chilk S NRC OFFICE OF THE SECRETARY (SECY) |
| To: | |
| Shared Package | |
| ML19319B495 | List: |
| References | |
| RULE-PR-73-2 NUDOCS 8001220909 | |
| Download: ML19319B499 (6) | |
Text
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D 14000 proposedrules This essden of the FEDUUL REGISTER sente4ne notices to the putile of the proposed loosence of ev6es and regulations. The purpose of these nesses se to awe laterested persons en opportunsty so ;; n in the #was rnehens prior se the cooptsen of the anei rufen.
I ti.e opmlon of the Commission arc im-portant th the common defense and se-curity. that may be conducted only by persons whose character, as.sociations and loyalty shall have been investigated under standards and specifications established by the Commission and as to whom the Commission shall have deter-mined that permitting each such person to conduct the activity wLil not be in-1mical to the common defense and securtty. * * * **
Pursuant to this statutory authority, the Commission is proposing regulations which would require certain individuals involved in the operatton of licensed nu-clear power reac*. ors and fuel reprocess-ing planta. In the licensed use process-ing. or storage of certain quant!ttes of special nuclear materials, and in the transportation by the private sector of certairt quant!tles of special nuclear material, to receive authorization from the Commission for access tc cr control over special nuclear material. These res-ulations are being prepared to ut1112e a personnel security program as a measure to protect against those emplo>ed in the affected nuclear activttles who might conspire to steal or divert speelal nuclear material or conduct sabotage whten would endanger the pubic by exposure to radiation. Of course, a clearance proeram itself does not entirely solve the problem of the " insider. but, in the opmion of the Commission. expertence has shown Dhhg that such programs do substantially re-duce the risk of such conspiracles More-gj]
over the proposed program is one of several elementa in the Cemrnisaton's Q
]01 n
m overall safeguards program which to-m gether protec; against threats, both in-t A
ternai and entern.l.
W y4 g
Two :evels of special nuclear mater!al y
g ace-se authortsstion are preposed. The f.isher level. NRC.U. would be ba sed upon a full-fle!d background Investigation and would apply to di allindividuals ahe re.
quare unescorted access to spec!al nu-clear matertal or within vital areas. 41) these.iobs in which an individual alene NUCLEAR REGULATORY
- ' " **"88* *Y
- th """" t" d!d8 3 COMMISS10N who does not possess,1 NRC-tJ special
. nuclear matertal a.
.ss authorization
[ 10 CFR Par,s 11. 50 and 70 }
eould act to steal or de ert special nue:est SPECIAl. NUCLEAR MATERIAL material or to commit sabotage. and ' ull drivers of motor vehicles and ptiots of Authority for Access to or Contred sarcraft transporting certain quantit:es Section 1611 of the Atomic Energy Act of specta: nuclear material and those who of 1954. as amended. permits the Nuclear escort road, rail. air or ses shipments of Regulatory Commission to prescribe reg-special nuclear material. The low er tetet.
ulations Instituting a clearance program NRC-R. would be based I;pon a National for those Individuals who have access to or control over special nuclear matertal. Agency Check and would apply to ail tnds-Specifically, the sect:en provides tha viduals the requira unesecrted access to Commission may issue resulttions...t t.he. protected areas and sho are not requ: red designating activities involving quantg. to possess an NRC-U spee:al nuclear L:es of special nuclear material whsch in material access authorization.
flofeat et01stle. V0t. 42. Pec. 52 rHueloaf. ABAaCM 1y.19ry 8001220
T PR3P*.5ED RULES lebt Both the National Agency Check and questions of access to spertal nuc! car carvem rom Drevawre.c micmirre co n the full-fic!d background investigation material, and some may not be perceived 8're set. N uc Lta a wtraiaL Arttss AU-are conducted by'the Civil Service Com. as relevant in spectftc cases. Also, there mission The National Agency Check rnay be cases in which additional crl-112t App 11catten or the ernesta connsts of a check of flies of the FI3I teria, not now included in 10 CFR Part Auvuonttv: Sec 7. Put
!. 93 377. 88 Stat.
sfingerprint.. criminal, and subversive
- 10. would be more to the point. However.
475,,ec 1811. Pun. t. s3103. ca Stat 948 t 42 files). Civil Service Comrnission 4Secu-these criterta do correnpond to the Fed-U s c 2201).
rity-Investigative index). and a check of eral Government's general approech to mihtary records and recorde of Mher personnel secu tty, and specifically.
p government agencies, as appropriate. We ERDA had adopted them for use in its 511.I Purpoac.
full-f1cid background invesugation con. own materials access program (43 FR nis part estabitshes the rem:!rtments sists of tnterviews of references.cortduct. 7946). Purthennore, the criteria are in for s ectal nuclear material access au-ed by investigative agents of the Civil the nature of guidelines to be used in a thortration, and the criteria and proce.
Service Commlaston, in addition to the decision process charactert/cd by com-dures for reso!vmg questions concertiing records check. Sources of 'nformation de. mon sense judgments, rather than quan-the eltstbility of Individuals to receive veloped in the course of the invest!gation titative criteria. Moreover, the Commis-ston is reluctant to devise a new set of are also Interviewed. 'Ihe full-field bacA.
zstion for conduct of certain activaties aw I c mt ground investigation conducted by the {rtt hjut licensed or othcrwise, which involte ac5 y
rov C!vil Service Commission generally cov-upon those Weh presently exist. Hence. cess to or control over unclasstfled spe-era the 15-year period of the individual's clat nuclear material-the Commission's proposal is to rely on adult life prior to the investigation.
the government-wide criteria as guide-ggl.3 Scope, The program being proposed by these hnee in deciding questions of access to regulations is intended to supersede any f an The requirements, criteria and existing requirements for licensees to M0" procedures of this part apply to the es-O spec ne rm Co u
screen or otherwise ass.tre the trust-tablishment of and eligibility for special comments both on the relevance of indi-worthiness of t5ett personnel.
nuclear maternal access authorization vidual crateria of 10 CFR Part 20 and If the Commisslors adopts the p oM on the completeness and suitabill'ty of for employees, contractors, consultants amendments, licensees and Itcense appil-of, and applicanta for employment with, the critern as a whole for quesuona of c.nts would be required to amend their tscensees or contractors of the Nuclear
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security plans by identifying and desertb-matertal. The Commission intends to give Regulatory Commission where such em-ing jobs at their fac111ttes which rrautre careful considerauon to this matter. In ployment, contract, service, or consulta-authorization. Afected individuals would the light of commenta received, in de-tion involves any job fallmg within the be requsred to obtain authorization ac-termming the provisions of an eSective criteria of Il 11.11 or 11.13 of this cording to the schedules set forth m the rule' chapter.
proposed rule. Individuals who are newly (b) 'I7te r*quirements, criter:a. and hired or who change jobs where the new uant W h Atec Ennsy Act of procedures of this part are in additicn to job would require a matertal access au-g954, as amended by the Energy Re-and not in lieu of any requirements, crt-organizauon Act of 1974, and section 553 thortzation must obtain an authorization teria. or procedures for access to or con-0 before beginnmg the job. Authorization ml o m c ass sMetal maclear ma-noti e is hereb given at d ption o would be updated every five years.
terial' With due recognization of the gravity a new 10 CFR Part 11 and adoption of of establishing a material access authort. the following conformmg amendments $11.5 Pol,cy.
i zation proaram in the licensed nuclear to to CTR Parts 50 and 701s contem-It is the pobey of the Nuclear Regula-mdustry which wou;d afect individuals plated. Allinterested persons who desire tory Commission to carry out sta au-who are not employed by any licensee or to sumbit wntten comments or sugges-thority to establish and administer a
' sons with nspect to the proposed personnel securtty program m the inter-contractor of the Commission as well as lleensee employees. It is the Commission's amendments. or any other matter pertl-esta of the common defense and security intent to mmtm12e both the impact on ent to the subject of this nottee. should for the purpose of safeguarding spec:al the richta of privacy and assoc!stion of tend them to the Secretary of the Com* nuclear matertal and preventmg sabo-Indtviduals afected. and the nismber or muiston. U a. Nuc! car Regulatory Com-tage which would endanger the public by individuals aSected. while providmg an mission. Whshington, D C. 20555. Atten* exposure to radtation in a manner con-efective measure of protection against tion: Docketing and Service Branch, by sistent with traditional American con-May 16,1977. If suf*ctent interest is evt-Cepts of justice. To this end. the Com-those who would seek emotoyment with.
or use their position in. the nuclear m-denced by comments received, the Com-mission has established criteria for dustry for purposes of thef t or sabotaee. mission will give consideration to a public determming el:g:bality for spec:al nu-In preparing these reguls tions among the hearms on this matter. Copies of com* clear matertal access authortratten and matters considered wera the scoce of in-ments on the proposed amendmenta may will afford aRected individuals the op-sesttgations t e 3.. whether a full-fleid be examined m the Commission's Public portunity for admmistrative review of background investigation should be re-Document Room at 1717 H Street. N.W.,
quesuons concerning their eligibility foe quared for all individuals). which jcb Washington D C.
special nuclear matertal access authort-functions should require matertal access
- 1. A new Part 11 as added to read as zation.
authortzation de t.. reoutre authorization follows *'
IIIA
" N"
cnly for ** key" positions or adopt a grsded svstem with level of clearance de.
PART ll-CRITERfA AND PROCEDURES
',4s used in this part-as Terms defined in Part.s 10.50.
termmed by job). whether osychoicrical FOR DETERMINING ELICISILITY FOR usessment should be recutred. and the ACCESS TO OR CONTROL OVER UN-ani 73 of this chapter have the same relation of the proposed program to cur-ASSIFIED SPECIAL NUCLEAR MATE-meaning when used m this part.
rent NRC and ERDA personnel security casaAs. Ptonarons tbl "Special nuclear material access programs.
authortzauon* means an admmistrative The Commisnon also considerad the ft $ se"7 determmation that an mdtvidual itn-Cluding a contractor or consultant) who question of whether new critetta should 11 5 Poucy.
II 7 Deansuona, u mMM W M 3 an aWcant M m-be developed asa.nst which a decision 31oyment with a Ccmmission contractor, for authorization would be made "I7te naeuraturure res sercht NUnana WTuaus, licensee of the Commisa:Cn. of Contractor
^'#"'^""*"
present NRC securtty efearance criterta of a !!censee of the Commission may alo CFR Part lot were developed for NN us$ $ $$ $,,,
wora at a job which aforde access to or access to information and. as suen, not a t.15 Appacanon tot specina nuclear control over special nuclear material and all criteria may be =qually significant for mater *as access autnortzauon.
that permitting the mdividual to worg Ffoseat asomas, vot 42. NO. 52-rwuttoay matCM 17. le77 pQ Qd.
O i A
u JU A
. L
~'
m 1N2 PRHPrSED RULES at that job would not be inim! cal to the (altli of this uction without an NRC-U special nut! car mat
- Mal access authort-common deferisc and securtty.
special nuc! cat matertal accesa authort-zation. Spctkl nuc! car material acecu ici "Nitf* 'IP rweial ntulcar materint r.ation. (2) After e540 days follownns authortration for which a. timely appit-arrrw.a uthm u it toir* ment's an ailmtnta-pWG'ention in final formt no individual cation for newn1 has beett made be con-trattie <te tre mumtion buv d upon a na-rmiy oc inerrnitted unesenrted accc>m to tinued beyond the expiration rinte pend-tsonal nerin v e i ci k mi a f aill.nrld any tirotetted aren at a nurtear reactor ing ftial action on the applicatinn. An baragri imit lovi 14 atton ennaluchil by ante subject to thk part. and after (140 application for renew al mill contist of the the Ca!! 8. rs k r (% ment. u n thut an days f ollowing publication in final formt fo!!owing:
Indtvlchi.il its the s om c rif rtupluyriirint tio inditiclu.tl may be permitted un.
(18 A Personnel Security Quest!on-ts ensible to a m A.d. a Mb f allii.g sithin escorted accro to any protected area at nalre. completed by the app!! rant.
tl e ultra t. of El 11.llt a i f li or 11.13.
any other site subject to this part with-
- 42) A statement by the employer or id: "NRC.'R' spacial nuclear matertal out either an NRC-U or NRC-R special contracter that at the time of app!!ca-access author i/ation" means an admints-nuclear matertal access authorization.
tion for rencsal the individual's auf gned or ar.sumed job requires the !cset of spe-tratt$ e detet mina tion based upon a I II*
M"'"""."'""'#'
ctal nuclear material access authortra-national agetay check that an Individual in the couise of employm nt is eltsible (si Allindividuals who af ter (180 days tion which he or she holds, justified by to mot k at a. lob falling 'Aithln the ert.
following publicstion in f!nal formi appropriate reference to the i!censee's terton ot i 11 Ilta)(2).
drive motor vehicles in road shipmenta Security plan.
of specci nuclear material, pilot alt-(di If at any time. due to new aufgn-Mattat L Ac ssA TH ? T material, act sa monitors at transfer in special nuclear material access au-g 11.ll Itrquinmmt as F. scil sit.m.
pointa or escort road, rall, see, or air thortration level from NRC "R" to "U*
ahtuments of special nuclear material ts required. the individual shall apply for est Each Itcensee who 'after 90 days subject to the apprepriate physical a change of lesel of special nuc! ear ma-fo!!oming pubucation in final formi uses. protection requirementa of Il 73.30.73.31 terial access authorization. Such an ap-processes, or stores special ruclear ma-73.35 or 73 36 of this chapter shall have pHeation shall include a descript!cn of NRC-U spectat nuclear material access the new duttes to be assigned or as-utre ents o P t 73 f c p authortzation.
sumed. Justified by approprtate reference or who operates a nuclear reactor subject ib) Licensees who af ter f180 cars after to the licensee's security plan to the physical protection recutrements pubhcation in Snal formt transport or (e) Each appneat4on for special nu-of Part 73 of thts chapter.by amendment who deliber to a carrier for transport clear material access authorization, re-to his security plan shall identify at his special nuclear maWnal subject to me newal. or change in lesel shall be accom-factitty or plant and describe to the pf'ysical protection requirements of panied by the employer's remittance H
M.
3 31.
3.35 or 73.36 of this according to the following schedule:
obs in whic. an Individual chapter shall confirm and record prior g g 3 3,,,,pgge,,3,,,.g.,,,,,,,
,,3a could steal or divert spes ; nuclear ma-to salpment the name and spec'41 nu-
<2) New appitenuon. "R.
c ear matertal access authertsation ist ste nev nt %"' or "R".......... s30 tertal. or commit sabotase thich sould aso endanger the pub!!c by exposure to rad 1 number of all drtvers. escorts. and monl-is) Channe of levet "R" '.c T".
3450 atton, by sorking alone or in cooperation tors assigned to the shipment.
tal Co rt,sa ts u r g
, cr with an individual who does nct possesa an NRC-U special nuclear matertal ac-3 11.15 tppfleation foe Speelal Nuclear U or R- - _ - -. _ No charge cess authorization. or by directing or
%:erial Access 4athoriut on.
(8) Convert nist2.g NRC or coeretng any individual to aastst in the (as App!! cation for specialnJelear ma.
ERDA."!? oc 01r to seso U ----~ "#8" N Y" " ~7 theft. diverston, or sabotage. Such jobs tertal access authorization, renewal, or
- ~ - - - "
include but are not limited to:
change th level shall be aled by the em-ERDA -Q.. Q G). "!..
'It All pos!tions in the licensee's se-Ployer n behalf of the ap911 cant with or 't X) " to R.... ---.-. No charge n force.
the Director. Of5ce of Ad ninistration.
e tti Mana'gement positions with the Cartma ros DrTramo ELicrsrtrTT U S. Nuclear Regu!atory Comn'taslon.
pos Accres to. os Cowtaot ovta, Sez.
authority to.
Washington. O C. 20555.i 8As Dtrett the nettons of members abe Applications for s pecial nuc! ear CIAL NUCLEAa MAff R1AI.
of the security force or alter security msterial access authortzation thall be g 3 g,23 Applic.ign og sh, crig,,i,
procedures, or made o lo supplied by the Commis-
'B1 Direct routine monements of spe-sti A Perdnnel Se<urity @est!on-ctal nuclear matertal access authoriza-cial nuclear matertal, or iCr Direct the routine status of vital tion is a comprehensive, comman-sense t'. aire iPS@ completed by th individual.
judgment. made af ter consideratton of all it A hoba shich require unescorted 82* A Sngerprint cW *tth the in, the re event information. favorable of dlVidual's SCgerprints IMngerprinta may access withm onsite alarm stations MNh h M Nd M W Wd a tvi All jobs shich reclutr*r unescorted be takm by a local pouce aumonty p.
nuclear matettal access authortzation is access ' to special nuclear material or a 3s A statement by the emploier, pro.
or is not mimical to the common defense aIthm vital areas' spective employer, or contractor. Identi, f ytmr the job to be assigned to or assumed and security and ts or is not clearly con-
,2*
All jobs which require unescorted sistent with the national interest.
by the indmdual and the level of au-access althin protected area,s and ansch Ibn To assist in maiting these deter-thortzatio4: needed. Justified Dy appro.
da not f 1*
- the critetton of para-minations. On the bas!s of all the mfor-riate reference W the Ucenset s securtgy grac ta section mation in a particular case there are set
- tan, forth in i 1011 of this chapter a number
'bi a li Af ter ' 540 days following pub-ie, Special nuclear material access of speedc types d derogam informa-
!! cation in *.nal formi no individual who aathartration shall enstre S years follow-t'on. These critetta are not exhaustave a orts at a nuclear reactor subject to this ines the date of snue If continued special but contsin the princtpal types ci deroga-part and af ter a 180 days followmg pub-nt. clear m.ater:al access euthort2ation ta Mry mformation ahien in the opinton heation in final 'orm e no other individ-requael an appucation for renewal shall ual may te permitted to work at anY te subm.tted at least 90 days prior to ex. of the *ommission create a questicn as to job determined by the Commisston to piration date. Failure to make a timely the individual's eligibility for special nu.
fall witam the criterton of paragraph app!; cation will result in expiratica of clear material access authortzs tion.
'Itese criteria are subject to continuing Tms soes not al'er the requirement for Prare" umes far,pcessa nuclear matertal review and may be revtsed from time to mo nmit to nererve indivissuals within me-a's a aiethrtutivna an be espected to be imaa eases a:<aa am.tated in lis ecesitt, aut on van for NRC-tJ and 3o says for ttmo as expertence and ctrcumstances or tnw inaptec N RC. R.
may make desirable 7, m
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s PE! POSED Rt1LES 11A3 acs When the report.s of Investigation requirements of Part 73 of this chapter, of an indivicaal co.itain information if applicable, at the proposed factitty in-reasonably f alling within one or more cluding the identificadon and description of the clanes of derogatory informauon of jobs at. the proposed facility as re-hated in L1011. the application of the quired by i ll.Ilta) of this chapter.'
criteria shall be made in light of and Part II shall llat tests, trspect! ors, and with specific regard to whether the other means to be used to demonstrate existence of such triformation creates a compliance with such requirements, if question as to the Individual's e!!stbility app!! cable.
for special nuclear material access au-thorization by ratsing a reasonable belief PART 7fWSPECIAL NUCLEAR that the individual would une his access MATERIAL to or control over special nuclear mate-
- 3. Paragraph th) of I 70.22 is amended rial for theft or diversion of speels!
to nad as foDows' nuclear material, or sabotage which would endanger the public by exposure 3 70.22 Centene. of as plic.tlana.'
to radlatlan. The Executive Director for Operations may authorise the granting (h) Each application for a license to of special nuclear material access au-possess or use at any site or contiguuus thorization on the basis of the informa-sites subject to control by the licensee tion in the case or may authorize the uranium-235 (contained in urantum en-conduct of an interview with the individ* riched to 20 percent or more in the ura-ual and. on the basis of such interview nium 236 tsotope), urar. lum 233. or
. and such other investigation as he deema plutonium alone or in any cornb! nation appropriate, rnay authorize the grant 1 rig in a quanuty of 3.000 grams or more of special nuclent matettal access su*
computed by the formula, gramma thorizauon. Otherwise, a question con-(grama contained U-234) +2.5 a grams cerning the eugtbility of an individual U-233+ grams plutonium), ether than a for special nuclear material access au-
!! cense for possession or use of such ma-thorizauon shall be resolved in accord-tertalin the operation of a nuclear reac-ance with the procedures set forth in tor licensed pursuant to Part 50 of this il 1020 through 10.37 of this chapter.
chapter, shall include a physical security (d) In resolving a quesuon concern
- plan, consisting of two parts. Part I shall mg the eligtbility or continued eligibilit7 address vital equipment. vital areas, and of an individual for special nuclear isolation tones, ud shall demonstrate matertal access authorization by acuon how the applicant piens to meet the of the Personnel Security Board.' the physical protection requirementa of Part fonowing principle shall be applied by 73 of this chapter in the conduct of the the Board: Where there are grounds activity to be licensed including the suf!ctent to estabitsh a reasonsble belief identulcauon and descripuan of jobs as as to the truth of the information re-requ/ red by I !!.!!ial of this chapter.
garded as substanttally derogatory and Part II shall list tests inspections, and when the existence of such information other meanJ to demonstrate corppliance raises a reasonable beuef that the in-with such requirements.
dividual may use his access to or control over special naclear material for theft Dated at Washington. D.C. this !!th or diverston of special nuclear matertal day of March 1977.
or sabotage which would endanger the Por the Nuclear Regulatory Commis-pubtle by exposure to radiation. this sha!.1 ston, da the basts for a recommendation for 3Arrt:..~. CatstJr.
denying or revohns special nuclear Secretary of the Comrussion.
i matertal access author:zation if not satisfactorily retiutted by the individual p gym pu g n.g 3, 4
)
or shown to be mitigated by circum-I
- stance, PART 50--LICENSING OF PROOUCTION AND UTlu2ATION FACILITIES 1 Paragraph <c) of I 50 34 is amended to read as follows.
1 *0.34 Consenta of pplicatioma tech-nical inform ason.
l I
'ci Physical security plan Each appt!-
cat!on for a license to operate a produc-I tion or utilization facility shall include I a physical security plan. The plan shall l consist of two parts. Part f shall address 3
vital equipment. Yttal stems and isola-tion zones, and shall demonstrate how a the applicant plans to comply sith the !
'The functice of the Personnel Security 1 0 ?
P-7 0 Soard is deserthed in Part to or than chaoter i n
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_ JL [
_a Penssat sec s.s 1
l l
NullbS3 (cacket Nuo 50 so and 50-20!!
Chairman of the Atomic Saftty and Lt. of eqmpment capable ist detecung such censing Board Panel. Timely petitions devices, to the extent such e quipment as VIRGINIA ELECTRIC & POWER CO.
will be considered to determme whether reasonably araffable. 7te hrenwe ruay Proposed issuance of Amendments to a hearing should be noticed or another co" duct a phnical senrch of an inda-Facchty Operating Licenses appropriate order issued' regardmg the 11dunt t/ dermed necessarv or uppropia.
The U S Nuclear RegulaLory Commis-disposition of the petittons.
afe T?te individual respemsyble for the slon athe Cummissions is considerms In the event that a hearing is held and last access control ! unction icuntrollung s
lauance of asnendments to Facility Op-a person is permitted to in'ervene, he be-admtssion to the 1:rotected areas shall crating I aceuxs Nos 1)PH.M m.nd DPR. comes a party to the proceeding and has be Isolated within a bullet-reshting 37 tssued to Vbamia Electric and Po*c a richt to participate fully in the cou. stain tur as deserthed in paragraph ice C.: e the 1:ecree rs. for operattute of the duet of the hearing. For example, he may 86* of L as secuon to assure their abihty burry 1%wer Stanon Uniils Nos. I and 2.
present evidence and examine and cros.-
to rest.ond or to st.m. tion.usi t.nce.
luvata d in Sut ry County. Va.
cxamme witnesses.
In accordance with the beetwee's ap, l'or further details with respect to this The peu*'oners state that a temure.
attinn see the Applicauon for amend-men t for a
- p.it -dow n" phvacnl sca r. b phattion fur utnetutiurnit stattat Aurust 9.
.a.. supplement it Augu.st 2G. 1377. the incut dated Auntu.t D. as supplementrd is mun i e.ury in urw of the, ihe r pr.-
Auunst 26. 1977, which is available for tertive inen.surt s u hir h ar? reqturnt in.
u.nesahnent.s uould revtse the provisions In tht' Terlintral Specificauons rclatilig pubite inapection at une Commt.ssion's absence of such a requirement for numr to the tramient and acetdent analysis as Public Document Room.1717 H Street sand more sensittves f.irthties, and t he afferted by nu nicicase in steam genera.
NW., Washmgton. D C. at the Swem La-sermus prob! cms wiuch the physical t.or tube pluggmg levels from the arreng brary Collene of William and Mary. Wit-fearth reqiurement unpmet *19e ne t i-
!!arru. burg, Va.
Lioners sta te. howner, that " pat -dnn n" 33, to gy;.,
Pa tor to bauance of the pro m'd P-Dated ut Bethesda Md., this 6th day physical searches should be permitted m cenae amendments. the Comn 1 of September 1977.
any ca-e where security personnel are have m.ule the findings requ' suspletous about an individual. :nal sums Atomic Energy Act of 1954..
.Pqr the Nuclear Regulatory Comrnts-slun:Id be postert that mdttmuals enter-4the Act). and the Commia mg a protected atra may be subie t to and regulations.
Rostar W. Rrto.
physical scarch.
By October 7,1977, the licensee n ny Chief. OperC!ny Reactors Branch
'the Commiwton is assessme the im.
file a request for a hearmg and any per.
No. 4 Divacion of Operutzn; plicattuns of " pat-down" searches and son whose interest rny be affected by
- Reacfors, their value 1.s a purt of a total phystral m
nw Uwir m this proceetimg may file a request for a (FR The 77 26861 Ft.ed S-14 77.8-45 wil hearmg m the form of a peution for lation to other features of security u -
b.tve to intervene with respcet to the tems reqmred by t he rule that a:fert.u -
assu.ince.d the amendments to the sub.
IDocket No. PRM 73 2l Cess controla trianded to prntert w it 5 lugh confidence against msiders. It n wet fin shly operattug licerdes. Pettuons WISCONSIN ELECTRIC POWER CO., ET AL endentnrme to identify altermernes that fut lease to intervene must be (11ed under uuth or altrmation in accordance with Filing of Petition for Rulemaldng will achieve equivalent protet tion m the en t e tad munn sWem. %
the paust losu of Sertion 2.714 of 10 CFFt Notare is hereby given that Gerald Part 2 of the Commisslun's regulatio E Chan nut!. Esquire, and Jay E. Silberg, he emnntenta um schested wethad!v un A petition forleave to intervene must set Esquire have filed with the Commission such alternatives, and furuier epuuma as the value of searches as a contribut-forth the mterest of the petitioner in on behalf of t.he Wisconsin Electr:c ing element of securttv systems the pro < eeding, how that marest may be Powcr Co, Waconsin Pttblic Service A e Dy f the petit n f r rule making alfetled by the results of the proceeding. Corp., and Balumore Gas and Electric und the petitioners cuntentions with re-Co. a petition for rulemaking dated Au-tstan,fM public inspection at the Com s Pubhc Document Roum.
spect to the proposed bcensmg action. gust 19.1977.
Such petitions must be flied m accord-The petit 1Gners request the Commis-1717 H Street NW, Waalnngton. D C A c py f the petition may be obta;ned by
.ance with the provtstons of this hotaAc slon to amend i 73.55td> < D of the Com-writmg La the Divalon of Rules and Rec-Rtcist,a notice nnd Section 2.714. and mission's regulabon " Physical Protection nr A of A intnistratton. If S Nu-must be hh et with the Socartas y of the of Pl.mta und Materhds." 10 CIV Pas t Conuntssion. UH Nuclear llegulutosy 73. Lo climinnte the rtquirement for " pat-rleur 10 mu!ator3 Commlr fon. W.ohnw i
(.ununtaston. Wuahh.gumi. D C. 20555. down" 1.hysical scurches of bidtvidual.s l
A ttention th uting und Service Sec-rnterms a protected area.
AH persons w ho desire to submit a i st-tion, by the above date A copy of Une The amendments proposed by the ten commenta ur suggestion > conrermer petittun and/or request for a hearing peuttoncrs would modify 10 CFR 73 55 the petition for rule maktng should wd shoald be wnt to me Exerutive Irgul (ds e t, by deltting the blacketed wortis meir conutwnts to the Secretary ut IN Dnicetur. U S Nucle.u Reguistory Com-and addmc the Ital 14cd language us
"""ninton.
U S.
Nucleur itegulu to. y tuts.ston, Washingtun. D C. 20555, and to folluws:
C"'""' l's to n.
Wmbingtun. DC 2053.4 r
l Mr. Mich.el W Mauput. E. squire. Ilun-Attention: Docke'nu; and Serme Hs.incu tun. Williams, Gay and Gibson P O 'los 5 1..
H"luiremente fue phy.ical pm-hv october 17,1977 h*""'
uf linn.ed arMiies in me.
lb35. Ith lunund. Va. 2nt;s. the attue ot y I
""*i""d""
uted at h.unucton. D C. thlai IJt h
' i"" '.n ".*.s a"a' c."
for the beenace' are I b d.n ul September 1977 A petitton for leave to u1Lervene must l'or the Nuc lear Heg:llatory t'umnu3-be m cumpanted by a supporting a tli-davit whtth identafles the spectric aspert ed. Access requiremetits. tli The b-slun.
or aspecta of the proceeding as to whitta censee shall conttol all pomts of person.
SW EL J. Citir.x.
Interventlun la desired and spectiles with nel and vehic!c access to a protetted SecMa ri, or 9,e cmn rinw..,o putticularity the fatta on which the pe, area. Identification and search of all m-Il1t Doc 77. n.a rued + 14 77 e is.o.a titioner rebes as to both lua mterest and rinviduals shall be made and authoriz.1-his rontentions with regard to each as.
hun shall be checked at such pomts. The geg g.
I pect on which interyention is requested. NCen3ce shdl post Slyns af Juch polnf3 Petitions stating conientions relating puur reing endarufNals that thcp Indy be WISCONSIN ELECTRIC POWER CO., AND only to matters outside the Comnnaston s anbici t to physical search prior to erster.
WISCONSIN MICHIGAN POWER CO Juttadh tion will be dented.
Uni a protretc<f arra. The scarch func.
Muance of Amendments to Facility All pcttinen, will be acted upon by the Lion for detytton of firenrms, explosne.s Opesatmg Licenses ConuntNon or brensing board. de*1g.
nnd intendtary drvires shall be condutt nt The U S Nuilear itegulatos y Comm!s-nu b ti by the Conatu.aton or hv the lett her in n ph, 3 d scatch ori hv n~c sinn ethe Co,nna. ton. hm i s'a 3 o
n o
at.u.tc.m. voc o.,e,,e_mu.som. m,m..
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