ML19319D885
| ML19319D885 | |
| Person / Time | |
|---|---|
| Site: | Rancho Seco |
| Issue date: | 06/17/1977 |
| From: | Kelley J NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | |
| Shared Package | |
| ML19319D883 | List: |
| References | |
| NUDOCS 8003270542 | |
| Download: ML19319D885 (4) | |
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Title 10 - Energy CHAPTER I - NUCLEAR REGULATORY C0miISSION PART 8 - INTERPRETATIONS Interpretation by the General Counsel of 10 C E 73.55.
Illumination and Physical Search Requirements AGENCY:
Nuclear Regt.latory Commission ACTION:
Final Rule sum!ARY:
The Nuclear Regulatory Commission's regulation
" Interpretations" is amended by adding an interpre-tation by the General Counsel of the requirements for physical protection of licensed activities in nuclear i
power reactors against industrial sabotage set out in the Coc:aission's regulation " Physical Protection of Plants and Materials." The interpretation clarifies the illuminati n and physical search requirements of the regulation.
JU?l 3 01977 EFFECTIVE DATE:
This rule becomes effective on FOR FURTHER INFORMATION CONTACT:
Mr. C. W. Reamer Office of the General Counsel Nuclear Regulatory Cocmission Washington, D. C.
20555 Tel. (301) 492-8155.
SUPPLEMENTARY INFORMATION:
Pursuant to the Atocic Energy Act of 1954, as amended, the Ener;;y Reorganisation Act of 1974, as amended, and sections 552 and 553 of Title 5 of the United States Code, the following amendment of Title 10, foo ya74 SYA
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Chapter I, Code of Federal Regulations, Parc 8, is published as a document subject to codification.
A new section 8.5 is added to read as follows:
$ 8.5 Interpretation by the General Counsel of Sec. 73.55 of this Chapter.
Illumination and Physical Search Requirements.
-(a)
A request has been received to interpret 10 CFR 73.55(c)(5) and 73.55 (d) (1).
10 CFR 73.55(c)(3) provides:
Isolation zones and all exterior areas within the protected area shall be provided with illumination sufficient for the monitoring and observation require-i ments of paragraphs (c)(3), (c)(4), and (h)(4) of this section,.but not less than 0.2 footcandle measured t
l horizontally at ground level.
(b)
The requester contends that the regulation is satisfied if 0.2 i
e footcandle is provided only at the protected area boundary and the iso-lation zone.
The language of the regulation is clearly to the contrary.
I It requires not less than 0.2 footcandle for "all exterior areas within the protected area."
This regulation helps effectuate the monitoring and observation requirements of 10 CFR 73.55.
For example, 10 CFR 73.55(c)(4) states that "[a]11 exterior areas within the protected area shall be periodically checked to detect the presence of unauthorized persons, l
vehicles, or materials." In the absence of illumination, such checking i
could not be fully effective..
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(c)
The requester also asks whether the illumination requirement I a
extends to the tops and sides of buildings within the protected area.
To effectuate the monitoring and observation requirements cited above, illumination must be maintained for the tops and sides of all accessible structures within the protec cd area.
This interpretation is consistent with that given by the Commission's staff to affected licensees and applicants at a s eries of regional meetings held in March of 1977 and will be reflected in forthcoming revisions to NUREG 0220, Draft Interim Acceptance Criteria for a Physical Security Plan for Nuclear Power Plants (March 1977).
(d) 10 CFR 73.55(d)(1) provides in pertinent part:
The search function for detection of firearms, explo-sives, and incendiary devices shall be conducted either by a physical search or by use of equipment capable of detecting such devices.
(e)
The requestor contends that until " equipment capable of detecting such devices" is in place, a licensee need not comply with the search requirement, but can utilize instead previous security programs.
This contention is based on the first sentence of 10 CFR 73.55 which provides in pertinent part th it the requirements of paragraph (d) of that section shall be met by May 25, 1977, "except for any requirement involving con-struction and installation of equipment not already in place expressed in [ paragraph ] (d)(1)
." Under this sentence only those requirements of paragraph (d) which involve " construction and installation of equip-ment" do not take effect on May 25, 1977.
Because a " physical search" does not require " construction and installation of equipment",
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3 implementation of such searches is required on May 25, 1977.
Tha regula-tion provides alternatives.
"the search function... shall be conducted either by a physical search or by use of equipment...." Thus when appro-priate equipment is in place, the search function need not involve a physical search.
(f)
The paragraphs above set forth interpretation o5 regulations; they do not apply those regulations to particular factual mattings.
For example, no effort is made to state what lighting system cight be used for a given facility; all that is stated is that a system must provide not less than 0.2 footcandle for all exterior areas within the protected aren.
S imilarly, no effort is made to define uhat is an adequate " physical search"; all that is stated is that, in the absence of appropriate equipment, such searches must begin on May 25, 1977.
Effective Date:
This amendment becomes effective on JUN 3 019U (Sec.161, 68 Stat. 948; 42 U.S.C. 2201).
Dated at [ I M w 4t [r,
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- this / 7 day of 9 w_1977.
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tj For the Nuclear Regu atory Com:uissien l'[Jm r
n Acting General qdu)nsel James L. Kelle,
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