ML19319D904
| ML19319D904 | |
| Person / Time | |
|---|---|
| Site: | Rancho Seco |
| Issue date: | 11/28/1977 |
| From: | Case E Office of Nuclear Reactor Regulation |
| To: | SACRAMENTO MUNICIPAL UTILITY DISTRICT |
| Shared Package | |
| ML19319D905 | List: |
| References | |
| NUDOCS 8003270569 | |
| Download: ML19319D904 (1) | |
Text
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DISTRIBUTION: w/o cc
- "4 UNITE D STATES Ldocket File w/cc f
k, NUCLEAR REGULATORY COMMisS.
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3
.j WASHINGTON. D. C. 20555 L PDR w/cc Gray File SSheppard JMiller k.....*/
RIngram ORB #4 PM November 28, 1977 RReid OI&E w/cy G - 3 f."L VStello OELD w/cy TO ALL POWER REACTOR LICENSEES r
B be a by w AND ALL APPLICANTS WITH APPLICATIONS JRBuchanan w/
FOR A LICENSE TO OPERATE A POWER REACTOR Gentlemen:
RE: AMENDMENT TO 10 CFR 73.55 This letter is being sent to all licensees authorized to operate a nuclear power reactor and to all applicants with applications for a license to operate a power reactor to advise you that the Nuclear Regulatory Commission has published in the FEDERAL REGISTER (Vol. 42, No. 189, September 29,1977) an effective amendment to its regulation i
10 CFR 73.55, " Requirements for Physical Protection of Licensed Activities in Nuclear Power Reactors Against Industrial Sabotage."
A copy of the FEDERAL REGISTER notice is enclosed.
The amendment delays implementation of the physical search requirement of paragraph (d)(1) for regular employees of a licensee at the site at which the licensee is authorized to operate a nuclear power reactor until August 24, 1978 unless the Commission directs otherwise prior to j
that date.
t j
In keeping with the above, the NRR sta'ff position as to acceptable methods of implementing the attached effective rule has been changed.
Guidance (dated September 30,1977) for complying with the performance requirement of paragr.aph (d)(1) for searching of all individuals entering the protected area is enclosed.
For any further information on the implementation of the search requirement, please contact James R. Miller, Assistant Director for Reactor Safeguards at 301-492-7014.
1
! Sincerely,
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/
,- Edson G. Case, Acting Director Office of Nuclear Reactor Regulation
Enclosures:
1.
Effective Rule 2.
Position on Personnel
(
Search Requirement's cc:
See next page(s) 8 o 03 270 ff 7 I
d
51607 RUU$ AND ltEGUI.ATIONS (7590-01]
before the uttuty ucensees are required Dated at washington. D C.. this 27th to use such searches for their empinyees. du of September 197T.
Me1 M eg na Cnmmusca. therefore. ts amending For the Nucicar Rcrajatary Commiteton.
f CHAPTEJt 5-NUCLEAR REGULATORT tta resda*1ona to delay the imp;ementa-Srxit. J. C4mK.
COM MISSON tion of pcysical searches of utility U.
cetLsee employees untti August 24. 1978.
Seefef4fF 0/ lhe Co'N308-PART 73-PHYSICAL PROTECTION OF the date when implementation of all of Ira Doc.rf-2sMt nted S-ts-n.9 to am!
PLANTS Af4D MATERfALS the requirements of I 73 55 is required.
I Requiresseets foe the Physical Protodion to provide time for reexamination of the 49IO-I4 )
l of Nuclear Power Ptanta impact and value of such sear:hes.
AOENCY:
U.S.
Nuclear Regulatory P tb!!c comment on the. sue ha.s been Title 46-Shipp.ng solicitedin connection vith a utttten for CH APTER l-CCaST CtJARD.
Commission.
rule ma&g nottad in the Frctm Rtc.
EPARTMENT OF TRANSPORTATI N ACTION Effective rule
- rsita of September 15.1977 f 42 FR 46431:
lCO D "-1281 SUM 31ARY: As a result of a number cf NRC docket PR3f-73-2) 'n:e Comm.ts-objections raised with respect primartly ston has determined that this act:on is PART 25-REQUIREt. TENTS to pat-down searches of Ucensee em-consistent with the common defense and PARt 96--VESSEL CONTROL AN MIS-Dioyees prior to admittance to the pro-security and protection of publ!c health CEltANEOUS SYSTEMS AND EQUIP.
tected area of a nuclear power reactor, and safety. De Commission has further ME T and the Comemassion's further considers-found that, tu view of the opportunity tion of the matter, the Nuclest Regula-for comment already & Corded pr:or to PART 95-VESSEL C0t4 TROL D PMfS-CEL NEOUS SYSTEMS A.N EQUf ?>
tory Commission is amending its regula-pubucatton of the rules on February 24.
tiocs to delay implementation of the 1977, and the f act that the amendment MEN {
physical search requirement for regular set forth below serves to relles e a restrie-Intern 4tional Regulat;cns for art n:
employees of a licensee at nuclear power t!on. not:ce and public procedure on the Costisions at Sea 1972: Corfe:t vs reactor sitas.
amendment are unnecessary, and that tGENC Co.ut Gu~d DOT' the amendment may be made eCectfre
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EFFECTWE DATE: September 29.1377* upon pubitcation in the Fsetart. REcts-ACTION. Coirection to f.n ru;e.
FOR PL*RTHER Dm3RMATION CON. Tra.
gg3tygg. Tlu.s documdt makes cor-TACT.
Pursuant to the Atomic Energy Act O',
rections a cocket s hi ' appeared in 1954. as amended, the Energy Reor:an!- the Fr:taa Rrcisrts of uly 11.1977 Mr. R. J. Jones. Ch:ef. Materials Pro-ration Act of 1374. As amended. and sec-The donei, ontuns an:e d=ent.s updat-tection Standard.s Branch. Of?ce of tions 532 and $53 of Titie 5 of the Uruted ing e tira references att Cosat Guard Standards Development. U.S. Nuclear Regulatory Commission. Wa.shmrton. 8,.tates Code. the !c!!owmg amendment to regulations the international rules f or itle 10. Chapter L Cnda of Fader 21 Reg-preventsn; cM11stons atises and amend-D C. 20555 (301-443-.6973).
u'lation3 Part 73 ts published as a docu. menu inte@m sec n3xdu e r SUPPLEMENTARY DiFDR!.EATION: ment subject to codaheation.
Boat Act of y n 4 On February 24.19M. the Nuclear Regu-
- 1. Section 73 $$ of to CFR Part 73 ts 1 story Commissicn pubushed in the Frn-amended by adding the foto'atng sen. EFFECTWE DIATE: fep!cmuir n 1977
- aa Rgemma (42 FR 10836) efective tences to the unnumbered prefatory POR FURTHE$t NNR:.L\\ TION CO? -
i amendments to 1Q regulations in 10 CFR paragraph:
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Part 73. " Physical Protection of Plants I M*.". Requiremenu fue,pl,iguc..
p r*
Captain George K. Gremer mrtr.c and Materials." One requirement includ-
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- I Safety Coune G-CMC 813 Room ed in these amendments was to search
" pe "2"m a gaine." k""*.
in 8117. Departm a of Transportation.
individuals for firearms. explosives and N.mtf Butidmd 400 Set enth Street incendiary dettees. De regulation spect.
- *
- Except for individuals for whom SW. Watntre:0 ' D C N00 002426-f.ed that the search function would be
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conducted by a physical search or by use the Itcensee hu a weLI4 rounded sus.
1477).
of equipment capable of detecting such picton that such mditsduals are carry ng SUPPLEMENT 4R LN FORM AT70N :
devices.The requirements involv ng pra. hrearms explasties of incendiary de-M FR N U)N em n p cedural measures were scheduled for im. vices & ;!censee need not implement the 35706 in the Fr tnat.
tctstra of July 11.
piementation by May 25.1977. and those physical search requirement of para. 1377. the foCo1 ring c rectior.s are made:
involving t;se of equipment were sched. grapn (d)(1) of t.h:.3 section for and!-
- 1. On pagd 35736 turd column the u!ed f ar implementation by August 24. vidus.ls who are regular emp!9 yeas of the nmth line offthe fir's full paragrai:h ts 1978, or earlier if the equipment were licensee at the site at wh.ch the !!censee corrected td read'na"vitation light.s' the 1148 as amended.
installed. Since equipment now available is authorized to operate a nuclear mwer (With respect to is not capable of detecting all types of reactor pursuant to Part 50 of this Chap.
waters subIect" k
explosives and inceridlary devices. the ter until August 24.1978. unless the Com-
.. On page 35737. t.5e sixtn line of search requirement calls for additional mission directs othentse prtor to that 1 25.05-1, the sixth !me of 196.20-l and measures, such as random physical date. Until that date and pending its t e s@. pe of I 195 2M should each be searches. to provide high assurance of further review of this sub;ect. the Com-c f ted to read "and skapes. ahtstles.
protecting agstnst industrial sabotage.
mission has determined that the search The CommLssion ts resssessing the requirement of pars;raph (d> '1) of this Datef September 22.19*7.
1mplications of physical " pat.down section. Implemented useg only equip-searches of licensee emplo>ees and their ment capable of de'ecting hres.r:ns, ex.
O W. Sttt s, deal U 1 Coast Guard value as a part of a total physical system plosives and incendiary devices. satis".es considering their relation to other fen
- the performance requirements of this T
A ~ e WW: n es Me-r e as sm) tures of the securtty systerns required by sectior. as they apply to searches of regu-the new amendments. The issue is quite lar employees of the licensee at the site comples and involves ramtficattens of enterer the protected area of the nu- [
10-14]
employee morale and the efectiveness of clear power reactor.
[CC D 75-104]
the search per se and in the context of the total secur ty system. He Commts-ECective date: September 29,1977.
C ston believes that the question of pat-
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'"t8 down searches warrants mort deliberate
- t. 33-3R as Sm 4 s. set 201. P2 L. 9b GENCY: Coast Guard. DOT.
and thorough review, with extensive so-438.sa h a 1:42-1243. Pn t. 94-7 si sut.
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12 citation of publ!c review and comments. 413 8 42 U S C 2:01 tattii ACTION. Final ru' no.e
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I 79///70 6'22
4 NRR SUPPLEMENTAL STAFF POSITION ON PERSONNEL SEARCH RE0UIREMENTS Seotember 30, 1977 The prefatory paragraoh of 10 CFR 73.55 as amended Seotember 29, 1977 states that the performance requirements of paragraph (d)(1) as they apply to searches of regular employees of the licensee at the site may be satified using only equipment caoable of detecting firearms, exolosives and incendiary devices. Acceotable metal detectors and explosive searching devices of the types currently available are deemed capable of detecting firearms, explcsives and incendiary devices for regular employees of the licensee at the site.
Such equipment, if not currently in operation, must be purchased and made operational as soon as possible if the licensee using this cotion is to be in compliance with the performance reouirenents of 10 CFR 73.55.
A regular emoloyee of a licensee is one who is a full time permanent employee whose oermanent work station is at the site or those employees of the licensee who report regularly to the site (at least once per week) and includes employees of licensee contractors who are regularly emoloyed at the site.
All other personnel
- are required by 10 CFR 73.55 (d)(1) to be searched at points of personnel access to the protected area.
The following are acceptable methods for satisfying these requirements:
- All NRC emoloyees are subject to the search requirenents of 73.55 (d)(1).
NRC resident inspectors will be searched in the same manner as regular employees of the licensee at the site. Other NRC personnel that have a government granted security clearance will be searched in the same manner as licensee employees who are not regularly employed at the site as long as (1) they can properly identify themselves; and (2) they have been previously identified by the Director of the Regional Office.
] */ // / 90 62 Y
(a) A search program consisting of:
(1) processing all individuals through an acceptable metal detector, (2) processing all individuals through an explosives search device of. the types currently available (3) conducting a " hands-on" search of at least 5% (selected randomly) of all licensees employees who are not regularly emoloyed at the site, (4) searching a regular employee at the site when the licensee has a well-grounded suspicion that the individual may be carrying firearms, explosives or incendiary devices, with a " hands-on" search, (5) conducting a " hands-on" search of all other individuals, and (6) subjecting all outer garments such as the coats or heavy sweaters of each individual who is not a regular employee at the site to the search requirements at the entry
- o the protected area.
The process and procedures which select the individuals to be subjected to a " hands-on" search on a random basis must: (1) require the search to be conducted when the random selection process indicates, regardless of who the person to be searched is, and (2) ensure that an individual entering the search process area cannot know in advance if he or she will be selected for the
" hands-on" search.
'(b)
For those facilities which have on?y metal detectors installed and operable, the personnel search program for non-regular employee.,
described in (a)(3) above is acceptable provided that the ocecentage of individuals randomly selected for " hands-on" search is increased to at least 105.
For those facilities which have only an exolosives searching system in operation the " hands-on" search requirement of l
(c) below applies.
. (c)
For those facilities which have neither metal detectors nor explosives searching devices installed and operable the personnel search program for non-regular employees' described in (a)(3) above is acceptable I
provided that the percentage of individuals randomly selected for
" hands-on" search is increased to at least 20".
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1 Sacramento Municipal Utility District l
cc: David S. Kaplan, Secretary and General Counsel 6201 S Street Post Office Box 15830 Sacramento, California 95813 Business and Municipal Department Sacramento City-County Library 828 I Street Sacramento, California 95814 l
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