ML20002A289
| ML20002A289 | |
| Person / Time | |
|---|---|
| Issue date: | 10/28/1980 |
| From: | Jennifer Davis NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| To: | |
| Shared Package | |
| ML20002A288 | List: |
| References | |
| REF-10CFR9.7, TASK-CC, TASK-SE SECY-80-486A, NUDOCS 8011050592 | |
| Download: ML20002A289 (6) | |
Text
o October 28' 1980 NUCLEAR REGULATORY COMMISSION SECY-80-486A WASHINGTON, D. C. 20555 CONSENT CALENDAR ITEM For :
The Commissioners From:
John G. Davis, Director Office of Nuclear Material Safety and Safeguards f
Thru:
William J. Dircks Executive Director for Operatio
Subject:
EXTENSIO!!0F RELIEF FROM PAT-DOWN SEARCHES AT POWER REACTORS Purcose:
To obtain Commission approval of a 30 day extension of the current relief from pat-down searches at power reactors to allow time for Commission consideration of revised search procedures for such facilities.
Catecory:
A matter requiring Commission action.
Discussion:
In response to SECY 79-59S, the Commission decided to defer implementation of routine physical pat-down searches of regular employees at power reactors as well as other complementary and alternative measures for protection against insider sabotage.
This deferment was for the purpose of allowing NMSS and RES sufficient time to further study the insider threat problem at power reactors and to formu'. ate recommenda-tions for increasing the protection against the insider threat (see 44 FR 65969).
The staff has recently sent forward a paper proposing final search requirements at power reactors.
This action provides time for the Commission to consider the proposed amendments and to have them published.
Contact:
Tom R. Allen, SGRI 42-74181 SECY NOTE: Advance Copies of this paper were issued to the Ccn:issioner offices l
LIednesday A.M.
(
801305069$
O 2-The Commissioners-Recommendation:
That the Commission approve tha amendments to 10 CFR Part 73.55 as set forth in Enclosure A for publication in the Federal Register.
Coordination:
-The Office of the Executive Legal Director has no legal objection to the proposed action.
Scheduling:
For affirmation as soon as possible.
s 1
~
c John G. Davis, Director Office of Nuclear Material Safety and Safeguards 5
Enclosure:
"A" - Proposed Federal Register Notice, Final Rule - Extension of Pat-Down Search Relief Commissioners' comments should be provided directly to the Office of the Secretary by noon, October 29, 1980.
i DISTRIBUTION Commissioners Commission Staff Offices Exec Dir for Operations ACRS ASLBP ASLAP t
i H
Title 10 - Energy Chapter I - Nuclear Regulatory Commiss' ion Part 73 - Physical Protection of Plants and Materials Requirements for the Physical Protection of Nuclear Power Plants Agency:
U.S. Nuclear Regulatory Commission Action:
Final Rule Sucmary:
The U.S. Nuclear Regulatcry Commission is extending from November 1, 1930 to December 1,1980 its current relief from pat-down searches of regular employees at nuclear power reactors in order to allow time for the 'ommission to consider revisions to its rules in 10 CFR 573.55 inte. ad to finalize requirements for entry searches at such facilities.
Effective Date:
(Date of publication)
Fcr Further Information
Contact:
L. J. Evans, Jr., Chief, Regulatory Improve-ments Branch, Division of Safeguards, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, D.C. 20555, (301) 427-4181.
Suppleaentary Information:
On July 31, 1979, the Commission changed the date frem August 1,1979, to November 1,1979, when pat-down searches of regular employees of nuclear power plant licensees had to be implemented.
The rationale for this extension was prov1oed in the Federal Register notice on this subject, 44 FR 47758, August 15, 1979.
The Commission further extended the implementation date to November 1,1980. The rationale for that extension is contained in 44 FR 65969.
Enclosure A
~
s The Commission is presently considering 1ssuing proposed revisions to 10 CFR 173.55(d)(1) to finalize requirements for personnel searches at protected area portals of power reactors. The thirty dgy extension of the relief from physical pat-down searches of regular employees contained herein is intended to allow sufficient time for Commission consideration of the pro-posed revisions.
Because this rule delays a requirement, and merely con-tinues a temporary situation for a limited period of time, the Commission finds that notice and public procedure are unnecessary and that the change can be made immediately effective without the customary 30 day period of notice required by 5 U.S.C. 553.
4 i
Pursuant to the Atomic Energy Act of 1954, as amended, the Energy Reorganiza-tion Act of 1974, as amended, and sections 552 and 553 of title 5 of the United States Code, the following mendmedt to Title 10 Chapter 1, Code of Federal Regulations, Part 73'is published as a document subject to codification.
The unnumbered prefatory paragraph of section 73.55 of 10 CFR Part 73 is 1.
. amended to read as follows:
373.55 Requirements for physical protection of licensed activities in nuclear power reactors against radiological sabotage.
Each licensee who is authorized on February 24, 1977, to operate a nuclear power reactor pursuant to part 50 of this Chapter shall comply with the requirements of paragraphs (b), (d), (f), (g), and (h) of this section, Enclosure A
,l
except for any requirement involving construction and installation of equip-ment not already in place expressed in paragraphs (d)(1), (d)(7), (d)(8),
(f)(3) and (h)(4), by May 25, 1977.
The licensee shall submit by May 25, 1977, an amended physical security plan describing how the licensee will comply with all of the requirements of this section including schedules of.
implementation. The licensee shall implement his plan and comply with all of the provisions of this section as soon as practicable after NRR approval of his plan but no later than February 23, 1979.
Each applicant for a. license to operate a nuclear power reactor pursuant to part 50 of this chapar whose application was submitted prior to February 24, 1977 shall submit by May 25, 1977, an amended physical security plan describing how the applicant plans to av.r. ply with the requirements of this section including schedules of implementation.
If such applicant receives an operating license after February 24, 1977 he shall comply with th'e requiremants of paragraphs (b),
(d), (f), (g), and (h) of this section, except for construction and installa-tion not already in place pursuant to paragraphs (d)(1), (d)(7), (d)(8), (f)(3) and (h)(4) of this section by May 25, 1977, or on the date of receipt of the operating license, whichever is later, and implement his plan and comply with all of the requirements of this section by February 23, 1979 or en the date of receipt of the operating license whichever is later.
Each applicant for a license to operate a nuclear power reactor pursuant to part 50 of this Chapter whose application is submitted after February 24, 1977, shall include in the physical security plan required by 150.34(c) the infomation identified in paragraphs (a) through (h) of this section and if such applicant receives an operating license, shall comply with the provisions of this section on receipt of the operating license.
Except for individuals for whom the 1
1 Enclosure A
licensee has a well-grounded suspicion that such individuals are carrying firearms, explosives, or incendiary devices, a licensee need not implement the physical search requirement of paragraph (d)(1) of this section for individuals who are regular employees of the licensee at the site at which i
the licensee is authorized to operate a nuclear power reactor pursuant to Part 50 of this Chapter until December 1,1980, unless the Comission directs otherwise prior to that date.
Until that date, the Comission has determined that the search requirement of paragrcph (d)(1) of this section, implemented using only equipment capable of detecting firearms, explosives and incendiary devices, satisfies the performance equirements of this section as they apply to searches of regular employees of the licensee at the site entering the protected area of the nuclear power reactor.
[Sec. 161i, Pub. L.33-703, 68 Stat. 948, Pub. L.93-377, 88 Stat. 475; Sec. 201. Pub. L.93-438, 88 Stat. 1242-1243, (42 U.S.C. 2201, 5841)].
Dated at Washington, D.C., this day of
, 1980.
For the Nuclear Regulatory Commission i
Samuel J. Chilk Secretary of the Commission i