ML20002A333
| ML20002A333 | |
| Person / Time | |
|---|---|
| Site: | Yankee Rowe |
| Issue date: | 09/23/1977 |
| From: | Case E Office of Nuclear Reactor Regulation |
| To: | Groce R YANKEE ATOMIC ELECTRIC CO. |
| References | |
| NUDOCS 8011110804 | |
| Download: ML20002A333 (3) | |
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SEP 2 31977 DISTRIBUTION Docket NRC POR Docket No. 50-29 LOCAL PDR ORB #1 Reading KRGoller ASchwencer Yankee Atocic Electric Company ATTN: Mr. Robert H.Groce SMSheppard Licensing Engineer ABurger OELD 20 Turnpike Road Westbcro, Massachusetts 01581 OI&E(3)
ACRS(16)
TBAbernathy JRBuchanan DEisenhut JMiller Gentlemen:
YANKEE-ROWE ATOMIC POWER STATION z
Enclosed is a Federal Register Notice of a petition for rulemaking regarding physical searches of Individuals entering a protected area of a nuclear power plant and a copy of a proposed NRC regula-tion which would require clearances for those individuals who are The pemitted unescorted access within nuclear power plants.
Comission is assessing the implications of these two actions, particularly the " pat down" searches of individuals, and their value as elements of the total ph sical protection system needed for nuclear power olants.
Also, the Comission is concerned with tha potential effects on employee effectiveness and morale of the physical search and other requirements for the physical protection of nuclear reactors currently specified in 10 CP. 73.55.
In this regard, the Comission is endeavoring to identify alternatives that achieve the needed protection of nuclear power plants when combined with the other elements of the total plant security system.
The Comission wants a broad base of public coment on these issues and, recognizing that physical searches and the obtaining of government clearances directly affect your employees, the Comission requests that you inform them of this notice of rulemaking and of the proposed clearance rule, and of the desire of the Comission to obtain coments directly from th63e who are or would be most affected.
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9 Yankee Atomic Electric Company SEP 2 3 577 We request that you post this notice on employee bulletin boards or otherwise notify your employees of the Comission's concerns and desire for coments on these issues.
Sincerely, l
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Edson G. Case, Acting Director Office of Nuclear Reactor Regulation
Enclosures:
As stated cc w/ enclosures:
See next page 1
O l
Yankee Atomic Electric Company
'3-SEP 2 3 W7 cc: Mr. Donald G. Allen, President Yankee Atomic Electric Company 20 Turnpike Road Westboro, Massachusetts 01581 Greenfield Public Library 402 Main Street Greenfield, Massachusetts 01581 d
5 43 1 3 August 19, 1977 1-
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h UNITED STATES CF AMERICA
' /p NUCLEAR REGULATORY CCMMISSICN
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In the Matter of
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PHYSICAL SEARCHES AT
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Decket No. PPM
- f-A NUCLFAR POWER REACTORS
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PETITION FOR RULE MAKING Pursuant to 10 CFR 52.802, Wisconsin Electric Pcwer Ccmpany, Wisconsin Public Service Corporation, and Baltimore Gas and Electric Company, hereby petition the Nuclear Regulatory Commission 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 as demenstrated by the absence of such physi:al searches for facilities such as those in which nuclear weapons are stored as well as for other highly sensitive areas.
However, " cat-down" physical searches would be permitted and individuals entering a protected area would be put on notice that they are subject to such searches.
Existing requirements for the use of detection equipment would not be affected.
The petitioners are interested persons within the meaning of 10 CFR S2.802 in that they own and cperate 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 wculd mcdify 10 CFR 573.55 (d) (1) by deleting the bracketed words and adding the underscored language:
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The licenses shall control all points of 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
,sublect 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 suth 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 last access control function (controlling admis-sien 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 Proposed Rule Making is
. attached which sets forth the justification for the proposed
. rule.
Respectfully submitted, SHAW, PITTMAN, POTTS & TRCWBRIDGE O
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By a
< L L -<.M.
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f j Ge,rald Charnoff
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/ Jay E.
Silberg 1800'M Street, N. W.
Washington, D. C.
20036 (202) 331-4100 Dated:
August 19, 1977
A nt 19, 1977 UNITED STATES OF AMERICA NUCLEAR REGULATORY CCMMXSSION In the Matter of
)
)
PHYSICAL SEARCHES AT
)
Docket No PRM i N NUCLEAR POWER REACTORS
)
MEMORANDUM IN SUPPORT OF PROPOSED RULE MAKING On February 24, 1977, tSe Ccmmission published in the Federal Register amendments to its regulations setting forth requirements t
for the physical ?rotection of nuclear pcwer reactors.
42 Fed.
Reg. 10836.
Among these requirements is the obligation imposed by 10 CFR 573.55 (d) (1) that at all points of personnel access to the protected area " searches of all individuals be made" and that 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."
Petitioners Wisconsin Electric Power Company, Wisconsin Public 4
Service Corporation, and Baltimore Gas and Electric Ccmpany believe that a requirement for a " pat-down" physical search is unnecessary in view of the other protective measures required, the absence of such a requirement for other (and more sensitive) facilities, and the serious problems which the physical search requirement imposes.
On the other hand, " pat-dcwn" physical searches should be permitted in any case where security personnel are suspicious about an individual and signs should be posted that individuals entering a protected area may be subject to search.
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. I.
ACCESS CONTROLS OTHER THAN PHYSICAL SEARCH REQUIREMENT PROVIDE ADEQUATE PRCTECTION establishes num' rcus requirements Section 73.55 (d) e for the nuclear power plant physical security plan, in addition to the physical search requirement, which provide more than adequate control over access to the protected areas of the plant.
These include:
1.
Control of all personnel and vehicle access points; 2.
Identification of all individuals; 3.
Check of authorization for all individuals; 4.
Search of all individuals by metal, explo-sives and incendiary detectors, if available.
5.
Isolation of individual controlling admission to protected area within bullet-resisting structure; 6.
Search of all hand-carried packages:
7.
Check of all deliveries into protected area for identification and authori:stion:
8.
Search of all deliveries into protecred area; 9.
Search of all vehicles (except in emergency) prior to entry into protected area; 10.
Escort of all vehicles (except designated licensee vehicles) in protected area; 11.
Restriction of designated licensee vehicles to protected area except for operational, maintenance, repair, security and emergency purposes;
i
- 12.
Positive licensee control over all designated licensee vehicles; 13.
Numbered picture badge system for all persons authorized access to protected areas without escort; 14.
Escort required for individuals not authorized to enter protected area without escort; 15.
Individuals requiring escort must register name, date, time, purpose of visit, employment application, citizenship and name of individual being visited; 16.
Access to vital areas limited to authorized individuals requiring access:
17.
Positive control of personnel and vehicle access to vital areas; IS.
Special badges for vital area access; 19.
Protection by locks and active intrusion alar =s of unoccupied vital areas; 20.
Reactor containment doors and hatches to be alarmed and locked; 21.
Positive access control to reactor containment when frequent access required; 22.
Control of keys, locks, combinations and related equipment; 23.
Change of key, lock combination or related i
equipmenc on evidence of its compromise; D
4 24.
Change of keys, locks, ce=binations er related equipment on termination of e=picyee having access thereto.
Wholly apart frem the extent and adequacy of these measures, it must also be kept in mind that sabotage cf a reactor sufficient to cause significant public harm wculd be a most ecmplicated act to ecmplete, that light water reactor fuel is noi a candidate for strategic material diversion, and*that spent fuel is an unlikely target for sabotage.
MTR-7022, Brennan et al., The " feat to Licensed Nuclear Facilities (MITRE-Corp. 1975 pp. 114-118.
The NRC has also proposed - that a personnel security pregram be instituted which would require, inter alia, that cer-tain individuals involved in'the operatien of licensed nuclear power reactors receive authorication frem NRC for access to or control of special nuclear material.
42 Fed.
Reg. 14880 (March 17, 1977).
As the Commission observes in the statement of consideration acccmpanying the preposed rule, "in the opinion of the Cc= mission, experience has i
shewn that (clearance] programs do substantially reduce the risk of such
(" insider"] conspiracies."
Petitioners support the preposed rule to the extent that it wculd require the lower level clearance for licensee empicyees.
Certainly, if such a clearance program is adepted, searches cughe ne: :
be required fer persens wich-clearances.
This wculd be consistent with NRC's preposed " Performance Criented
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. Safeguards Requirements", 42 Fed. Reg. 34310 (July 5, 1977),
S73.46 (d) (4), which exempts frem the search requirement ERDA couriers and licensee employees with NRC or ERDA clearances.
Certainly, any requirements which require searches of cleared personnel are totally unnecessary.
Modifying the rule to explicitly permit physical searches on suspicion and to inform all individuals prior to entering a protected area that they may be searched would also lend further assurance to the security pregram.
II.
OTHER FEDERAL AGENCIES WITH RESPONJIBILITY OVER FACILITIES MORE SENSITIVE THAK NUCLEAR PCWER REACTORS DO NOT REQUIRE PHYSICAL SEARCHES AS PART OF THEIR SECURITY REQUIREMENTS.
Nuclear power reactors. are by no means the most sensitive facilities cperated or licensed by the Federal Government.
Nuclear weapons storage areas, military nuclear research facilities and many military bases would seem to have a 1
greater need for physical security protection than commercial nuclear reacters.
Even the anti-hij acking precautiens in ef fect for all ec==ercial airlines would appear te need measures at least as strict as these for nuclear pcwer plants.
Yet in acne of these cases do government regulations require a physical search.
The security requirements for nuclear weapens are governed by Department of Defense Directive No. 5210.41,
" Security Criteria and Standards for Protecting Nuclear Weapons" (September 10, 1976).
This directive applies to all Defense Department components having responsibility for
.. Enclosure 3 to Directive the protection of nuclear weapons.
No. 5210.41 sets forth the Criteria and Standards for Protecting Section F, Entry and Access Control, Nuclear Weapons.
(defined as a designated governs entry into Exclusive Areas and area in which one or more nuclear weapons are located)
Limited Areas (areas surrounding Exclusion Areas) and requires:
1.
entry control to assure positive identification, including as a minimum controlled picture badge system; a.
b.
formal entry control rosters; visitor escort system, and c.
d.
a duress system (a system whereby the security personnel can be covertly 5
informed of a situation of duress).
2.
limitation of entry to authorized personnel, including either personnel security clearance for those authorized entry or surveillance by a designated escort for persons withcut clearance.
3.
provisions for rapid entry during actual response or exercises.
No requirement exists for physical searches, even when nuclear weapons are involved.
The U.S. Army nuclear weapons security procedures similarly do not require physical searches.
Army Regulation AR 50-5 (eff. September 1, 1976) provides for a badge syste.7,
% entry control rosters, a visitor control *' system and a duress a
systen.
Unescorted entrance.to Limited and Exclusion Areas is restricted to cleared individuals with an escort system for persons without clearances.
However, even for uncleared (but escorted) persons having' access to nuclear weapons, no physical search is requirsd.
Security regulations in other defense related areas also have no requirement 'or physical searches.
The Energy Research and Develcpment Administration procedures are set forth in ERDA Manual Chapter 2000.
Specifically, ERDA Manual Appendix 2401, Physical Protection of Classified Matter and Information, makes no mention of physical searches.
Defense Department regulations used for the security of naval shipyard construction (including naval nuclear construction) require no physical searches.
See DOD 3220.22-M, " Industrial Security Manual for Safeguarding Classified Information",
and DOD 5220.22-R, " Industrial Security Regulation."
Ncnrilitary security programs similarly do not require physical searches.
To deter potential hi-jackers, the Federal Aviatica Administration in 1972 adopted 14 CFR 5121.538, " Aircraft Security."
This~ regulation requires that each carrier adept A screening system, acceptable to the Administra-tion, that is designed to prevent er deter the carriage aboard its aircraf t of any explosive or incendiary device or weapon.
To cur kncwledge, no carrier has adopted, ner has the FAA required, a screening system which requires physical search.
.g.
Thus, our investigation of pbysical security requirements for activities with a sensitivity ecmparable to, or greater enan, nuclear pcwer reactors discloses no examples where physical searches are required III. THE PHYSICAL SEARCH REQUIREMDIT CAUSES NEEDLESS PROBLEMS TO LICENSEES REQUIRED TO IMPLEMENT IT A number of practical problems have already surfaced in ene short time since the Commission-mandated physical search require-ments has been implemented.
Other problems can be expected over the next several months.
Scme plant personnel and their uniens have made kncwn their feeling that a physical search is highly distasteful, personally offensive, and in violation of individual rights.
In at least one case of which we are aware, the employee refused to submit to a physical search.
As a result, the utility felt obliged to place the employee on leave of absence withcut pay until such time as another position in the company cculd be found where the employee would not be subject to physical search.
The employee l
has retained a lawyer and is investigating the possibility of legal action against the utility.
Severs; unions have protested and at least one has asserted that the new physical search requirement constitutes a change in working conditions requiring a negotiated settlement.
The problem of wcmen empicyees and visienrs is particu-larly troubleseme.
Although mest utility guard forces may include some wcmen, there is no assurance that a wcman guard would be at every entrance at any time that a wcman employes
_9 or visitor might appear.
In the absence of a woman guard, the physical search, and the woman's entry, would have to be delayed until a wcman guard was obtained.
In some instances, this might result in a significant delay in order to have a wcman guard report to the plant.
The likelihood of a substantial delay in processing peepis through the security system is likely with the onset of colder weather and the need for entering persennel to remove their coats, jackets and cweaters, so that those items can be searched prior to the physical search of the individual.
Significant delays may be involved in processing large numbers of people, particularly during outages when a significant increase in the number of workers coming on-site can be expected.
This added time may result in additional costs to the utility in terms of reduced productivity or requests for additional compensation.
Larger guard forces may also be required in an attempt to reduce the delay.
IV.
CONCLUSION As shown above, the physical search requirement imposed by the Commission is ' unique.
In the perspective of the risks of. industrial sabotage accepted by American society and the precautions taken in connection with those risks, the Commission's physical search requirement appears excessive and unreasonable.
Other government agencies with responsibility over activities of
~
equal or greater sensitivity and susceptability to industrial or other sabotage do not require a physical search as a part of their l
. security plans.
And there is no known parallel to such require-ment in connection with other private activities involving perhaps larger risks to society.
Other measures' required by the Com-mission give adequate assurance that a nuclear power reactor is properly protected.
Finally, the present requirements are causing and will continue to cause problems to the utilities which must implement those requirements.
We therefore respectfully request that the Commission mcdify its physical search requirement to read as follows:
The licensee shall control all points of personnel and vehicle access into a protected area.
Identi-fication and search of all individuals shall be made and authoritation shall be checked at such points.
The licensee shall post signs at such points informing individuals that they may be sumject 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 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.
Respectfully suhmitted, SHAW, PITTMAN, PCTTS & TROWBRIDGE By
,C '
erald Chrrncff 4
Jpy E. Si.oerg 1900 M Street, N.W.
Washington, D.C.
- 20036, (202) 331-4100 Dated:
August 19, 1977 i
UNITED STATES OF AMERICA NUCLEAR REGULATORY CCMMISSICN In the Matter of
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)
PHYSICAL SEARCHES AT
)
Docket No. PRM 79 - >
NUCI. EAR POWER REACTORS
)
CERTIFICATE OF SERVICE This is to certiy that copies of the foregoing " Petition for at:le Making" and " Memorandum In Support of Proposed Rule Making" were mailed, first class, postage prepaid, this 19th day of August, 1977, to the following:
Mr. Edson Case Docketing and Service Section Acting Director U. S. Nuclear Regulatory Office of Nuclear Reactor Commission Regulation Washington, D. C.
20555 U. S. Nuclear Regulatory Commission Washington, D. C.
20555 General Counsel U. S. Nuclear Regulatory Commission Washington, D. C.
20555
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s th. opintpn of the Commteston are (m.
portant to the common defense and se.
curtty, that may be conducted only by persorts whose character, associations and loyalty shall habe been investigated under standards and specifica tiors antabilaher* by the Commtssion and as to whom the C.*3 mission shall hate deter.
mined that permitung each such person to conduct the activtty will not be in.
Imacal to the common defense and security. * * *
- PJrsuant to this statutory authority.
We Commlaston la proposing regulations whnch would require certain individ ala involved in the operation of Incerts.d nu.
clost power reactors and fuel reprocess.
ing planta, in the licensed use, praessa.
ing or storase of certain quantitles of specta! nuclear materials. and in the transoortauon by the private sector of certain quantitle of special nuclear material. to recette authorization from the Commiation for access to or control over special nuclear material. These reg.
ulatione are being prepared to utilize a personnel secunty program as a mes.sure to protect against those employed in the affected nuclear activatles sho might conspire to steal of divert special nucl tar material or conduct aabotage whlen would endanger the puble by exposure to redlauon. Of course. a clearance prosram itself does not entirely solve the proclem of the '".nander." but in the optnlon of the Commiaston, experience has shown that such programa do substantially re.
duce the rtst of auth conspirectes More.
over. the proposed program la one of several elements in the Commtaalon's overall safeguarda program which to.
gether protect aga!nat thresta, both in.
ternal and esternal.
Tuo levels of special nuclear material access authoruation are proposed. The hisher level..VRC-U. would be besed upon a full fleid background investigation and would apply to (1 a!!1ndividuals w ho re.
quare unescorted access to spec:al nu.
eleer material or 3: thin vital areas, etti these 'obs in u hlen an indistdus! stone NUCLEAR REGULATORY
- * * ""' *Y
- "" 'n"NR C.'T d "d '* 3 who does not possess a U special COMMISSION
. nue:eer material necess aathert:stion
( 10 CFR Ports 11. 50 and 70 I could set to steal or divert special nue' ear
$PCCLAL NUCLEAR h4ATERIA4.
drtvers cf motor vehicles and p11ots of a thor:ty for access te of Contrei aircraft transportine certaln Quant!tles u
Section 1811 of the Atomic Energy Act of specta: nuclear materas! and those the of 1954 as amended permata the Nuclear escort road rat! sir or sea snipmenta of Resulatory Commission to presenbe reg. =pec.al nue: ear mater:al TN tow er levet.
ulations instituttna a clearance program NRC.R. sould be cased upon a National f 3r those individuals who have access to or control over special nuclear matertal' Agency Check and a ould apply to all tnds.
vnduals uho reo.dre unesco *ted access to Spectacally, the section provides tha.t t.he.
Commission may 1ssue regu!st.ona.
protecMd amas and aho an not Mquired designating actlvlties lavolving quanti, to possess an NRC.U special nuclear
,g t )bg' t;es of special nuclear metertal obich in tnaterial access authortzation.
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Floteat stGs17ea. 404. 43. sec. St.-DeutlBaf, asaaCst 17. 1977 v sg C) :"y i 3 l
PROPO510 autES 14 del Both the Nauonal Agency Chark and que.tions of are to ss.e int rwtcar cirw een een ome=rme E:iumrre na the fult.nc!d background investigation material. and ome may not te pertelved sm us. Nousan wtavat arrasa av.
are conducted by the Civil Service Com. as relevant in specinc cues Also there.
Intssion The National Agency Clie. n shy be cues in which additional erl. 38 38 appucauen er thv erettrt.
constate of a check of files of the Fist teria. not now included in to CML Part See t Po L p m n v
- fingerprtnt. criminal. and subverstve
- 10. would be more to the point. However. tis; see. lett. Pug 1. es to3. se unt us its files). Civil Service Comrnmlon 88ecu. these critetta do corre* pond to the Fed
- U s C 2ses).
tity. Investigative indes).and s check of eral Government's general approe ;h to an111tary records and records of other persorgnel accu ity, and specifically.
Ossrsaat Psovisions government agencies, as appropriate 'ITie ERDA had adopted them for use in ita l II.I Purpose.
full ncid background invesusation con. own materials access program 443 F74 sLsta of interviews of references. conduct.
7948). Furtherinore, the criteria are in Bla part establishca the reqmrements ed by investigative agents of the Civil the natu's of gulde!!nes to be used in a for special nuclear material aucus aa.
Service Commlulon in addition to the detta6cn process charactertzed by com. thortration. and the critetta and proce.
records chect Sources of triformation de.
mon sense Judrments. rather than quan. dures for resolving questions concerstmg velotsed in the course of the investigation titative criterta. Moreover. the Commis, the e!!stbility of Individuals to rece;te are also interviewed. De full.neld back, saon la reluctant to devise a new set of special nuclent mafettal access authort.
ground mvestigation conducted by the criterts without evidence that any new sauon for conduct of certam activitaes.
ersteria would significantly lanprove !! censed or otherwise, which involve ae.
Civil Service Commtssion generaHy cow, ere the IS.vear period of the Individual's upon thcee which prwntly n'at. Hencg cas M or cWml W unclassM m.
clal nuclear material.
adult life prnor to the investigauon.
the Commtaslon'.s preposal to to rely on The program betr.4 proposed by these the government wide criteria as gude-1 II.3 Stepe.
In in ecid uestions f to regulatnons is intended to supersede any esisung requirements for licensees to h Cm% MWy mM procedune of h part apply to the m.
screers or otherwise assure the trust-comments both on the Mlevance of Indl. LaWlahment of and eligibility for special worthiness of their personnel.
If the Commlasion adopts the prothM vidual criteria of 10 CF74 Part 10. ud muelear matettal access authertsetir,n on t co p for employees, contractors. consultanta amendmenta. llcensees and license appit.
canta would be required to amend their Le criterna as a whole for quesuone of of, and applicants for ernployment with, actees le ne control ovee special nuclear llonneses or contractoes af the Nuclear maternal 'the Comanuasion intends to give Regulatory Commhalor: where such em.
ing at th tti whkh r Care I teanderation to this ma&8er, la MM NM sMee. or Wta.
authorisation. Affected individuals would e h4 W omnments recened. In do. h Mm W M faWng Ethin tM be required to obtain authortzation ac.
ning e pistoms of an egecta,,
N W H M er MW h tording to the schedules set forth an the
- pgey, proposed rtfr Individuals who are newly
@).me Ngu!rementa, critetta. and hired or who change jobs where the new Pursuant to the Atomic Energy Act of Job would require a matertal accesa su. 1954, as amended by the Energy Re. procedures of this part are in addtuon to thortsstion must ootain an authortration organtzauon Act of 1974. and sect)on 553 and riot in h of any nquirementa, crt.
before bestanmg the job Authortzation of uue 5 of the United Statae Code, teria. or procedures for access to or con.
would be updated every Ave years.
nouco is hereby given that adoption of tme e cleasthed special nuclear ma.
'*#3*I-With due recognization of the gravity a new 10 CFR Part 11 and adopuon of of estabitshing a maternal access authort. the following conforming amendmenta i 11.5 Policy.
tation prosram in the licensed nuclear 210 Cm Parts Se and 70 is contem*
Industry which would affect individuals plated. Allinterested persons who destre It le the pobey of the Nuclear Regula.
Lory Cou"- to ca t its who are not employed by any lleensee or to sumbat written coctments or sugges.
thority to establish an admmister a ons with respect to the proposed personnel securtty program m me m'e contractor of the Commissaon as well as licensee employees, it is the Commission's amindmenta, or any other matter peru.
intent to minimize both the impact on ent to the subject of this notice abould este of the common defense and securtry the rishts of privacy and anociauon of send them to the Secretary of the Com* Or the purpose of safeguarding special nuclear material and t
8' Individuals affected. and the number of mission. US. Nuclear Regu'atory Com*
which individuals affected while provtdtng an g[ni Washington. D C. 20535. Atten. '[posure 2 ra'd a a ]*a m m sto r
effecuve measure of protecuan againgg keting and Service Branch, by statent with traditional Amerncan con.
thone who would sees emoloyment with. y 13.1977. If suf5c'ent interest is evt.
cepts of Justice. To this end'rtteria the Com.
cr use their position irt. the nuclear an. denced by comments received the Com*
mission has established c for dustry for purposas of thefL or sabotase. mtssion will stre considertuon to a pubite determmtas eligibility for spec:al nu.
In preparing these regulations among the eartng on this matter. Copies of com*
clest matertal access authertsatton and matters conaldered were tde scope of in. muita on the proposed amendmenta may will &#crd affected individuals the op.
Vest!sations ' e g.. whether a full.neld be namined m the Commisaton's Puhlte portunity for admintstrative review of backsround invesusatlon should be re. Document Roorn at 1717 H 8treet. N W quesuons concerning their eligtbtilty for qulted for all Individuals). which job Washington. D C.
spectal nuclest matertal access authert.
funct6cns should require matettal access
- 1. A new Part !! ts added to read as sation.
authorizat!on te g. recuire authortsation gog;o* *,
l 11.7 Dennisio.a.
only for '* key" positions or adopt a staded system with level of ctearance de.
PART 11--CRTTERfA ANO PROCEDURES
^*
8ai Mna deo'nd in PaNa termmed by jobb. shether osychologwag FOR OCTERMINING EllGIBILITY FOR 10.50.70.
usessment should be required. And the ACCESS TO OR CONTROL OvtR UN.
re:ation of the proposed program to cut.
CLAS$1FIED SPECIAl. NUCLEAR IdATE. and U of tats chapter han the same RIAL meanmg when used m this part.
rent NRC and ERDA personnel security Ga m rio, abs *Special nucjear matertal accese programs.
authortsstion" means an admintstrat:ve
- g pu,,,,,.
T11e Commtsmn at.ao ronudered the it 3 scop, determination that an indivtsual itn.
question of ehether new crtterta should ti g rettcy ciudinR a contractor or censultant) who be develotwd asa ".st 3hich a dermon 11 7 Dessations na employed by or is an appitcant for em.
pl yment uit a Commission contractor.
for authortzstion mould be made The 8'eU588='"o roe snetat Noctaan wem present NRC security clearance criterta d a hsM M W Ommtanton may
'to CFR Part 10s were developed fo, si n nequin.mt..t ign.e sit,.
"****""***8#8"'"-
access to information and as such not It t5 Appiacetto's for special noctone Control Cver special nuclear matertal and crtteria may be equa!!Y signit! cant for matertas sema aumorussnon-that permittmg the individual to work Ftostat esc,gtga. WCt. 42. 8eo. 32-.neussoar, anaeCle Ir,197r
lW2 PROP 05tD RUtt$
at trnt job would not be trilmics!10 the f at til of this section slthout an N7tc.U special nuticar mater!al acce.se authert.
comnian c'efen.c and scrurity.
special fiucleat matertal access authort. satiosa. spettal nuclear rnatettal acccut see " Nim *tr special nwlent material sation. t3s After 4540 days follesing authorttatluss for mhach a timely appil.
artrw nisthm te illust" means ran atimli> piabilention in Anal forme 81o individual cauen for nemal less beelt made be ecn.
trative alt to iminuunes baaed unmte a n.6 muy be pernattled uneocorted acccan to tirtued beyond the espiration state pend.
tional agetie y e bre ti tend a full.ncid any !*rolested eres at a nuclear reactor les firial action on the app!!catanet An berligrnmut inn.tto.ition ratiducent Isy site subject ton this part, as.d after glas apoilcettoit for renes al etil con tat of the the Civ;l it. rue r (%mmis -Inti thiit an days foltoatng putelkation in final formt folleelfig; indivhhul in the U+in w s.f e'uplustocut aus individit.il may be perrhatted un.
(Il A Personnel Secunty Que.tlen.
to e!ts'ble to mark.at a job f.ilitig eithm encarted attena to any protected stes at natre. completed by the appiteant, tite cettrita of 18 II.llian t!> or l1.13.
any other site subject to thta part, with.
Ist A statement by the employer or edl "NRC.'R'special nurtrar nintertal out either an NRC.U or NRC.R special contracter that at the time of app!!ca.
acce a autnntintion* means att adntints. nuc! ear matartal secess authorisation.
tion for renewal the Individual's assigned or assumed jolb requires the !ctel of spe.
trative deter ninnation based upon a I II'II
t " ""# ' I" *"
- P""
- cial nuclear maternal access authorisa.
national agency check that an Individual in the contrae of employment is ellstble f a a Allladividuals sho af ter (180 days tlon which he or she holds. JustiMed by to manic at a Job fa!!!ng within the erl. feiloming pub!! cation in Snel forsal aspeepelete reference to the !!censee's teriori ot i Il lis al f 3),
drive motor Wen!cles in road shipments security plan.
of special nuclear material. pniet air.
Idl If at any time, due to new su!gn.
Aruuta s se s wt9 ros Seartat, Nuctaan craf t in air ahlpments of spectal riuclear ment or assumption of duties, a change Marsatat Act:44 Auteenstratto" matertal, act as monitors at transfer in speela) nuclear material acceta su*
g 11.11 Mr guirruernte at fisesl eitr pomta, or escort road, tall, see, or air thortaallon level from FrRC "R to "U' shipments of special nuclear tr.alertal la required, the Individual sha!! apply for een Each licentre who safter 90 days subject to the appropriate phyancal a change of level of special nuclear me.
fcillowing publication in Anal formi uses, protection requirements of ll 73.30. 73 31 terial access authortzation. Such an ap.
p?ocewes, or stores special nuclear me. 73 3S or 73 34 of this chapter shall hate pilcation shall triclude a descript!on of NRC.U special nuclear malertal access the new dulles to be eastaned or as.
tre ent.s o P t7 f thi c O authonzation.
eussed. Just1Aed by appropriate reference ca1 pro 8 b' Licensees who af ter (188 #ays after to the lleensee's security plan.
ton em nta t
phy publications in Snel formt transport er del Iach app!! cation for special nu.
of Part 73 of thts chapter,by amendment who deliver to a cartner for transport clear matertal access authortantion, re.
.or NWe M M SP.au M accom.
f C 1 ty ant and esCr to pnysical prDtection requirements of psaled by the employer's remittance es 73.30, 73 31, 73 33 or 73.3s of this acceeding to the follooms schedule:
oba in which an iridtvidual enapter shall conarm and record prior could Steal Or divert special nuclear ma.
gg,,,,,,p,g,,g,,,.g7.,,,,
8 E O'
tartal, or corrtmit sabdage which tould ts t 38ew spDelemtion "R*..
63e CMar malenal acc us authonaauen i s t heawat T* or T*.o _... aso endanger the public by esposure to radt. number of all drtvers. escorte. and samma- :n -
_ et so.es a* 6. "tr'.
esee atton by worams alone or in cooperation I
O$'I lE
." 8
%1th an individual whQ does not pouets un mtc U sacetal nuclear matersal ac.
$ II.ls spe!Lc.n. f.e spees.1 h e
o et a................. weca rse cess autnorizata.n. or by direettna or Stance.I terese 4miherization.
gag con,ers estastne wne or Coercing anY indlVidual to ass 18% trt the g al App!!Catlon for speClal Duclear ke=
c..._._' - -...._ _ seso ELOA ~I' 8' M ~ 18 tnett. diversion. or sabotase such sees t,,,,3,,,,,,,,tno,1,, tion,,,,,,,3,,,
- **gf T' toelude but are not 11 mated to:
change th level shall be hied by the om.
),*,y,cg7,,
t 1tiona la the licenace.s se. ployer on tehalf of the applicant with t,
tne Director. Of5ce of Adamletratten.
. ti e Management pcsttions sith the U S. Nuclear Regu!atory Commission. Carfum ran Dnmmtwo nmartrvy aumonty w rom Acctes To ce Cowtaot ovas. Set.
Washms, ton. D C. 20333'e 8Ae Direct the actions of members
,,, 3 gg,,gion, g0, special nuclear ctat Nectsaa Marastat, of th ur y force or alter security mstettal access authertastion shall be $llJI 4ppleresion of the eriserta.
'B1 Direct routine movements of spe. ' " ", '[Io supplied by the Coutmas-f el The decletor. to grant or deur spe-
,o d
cial nuclear material. or etal nuclear matertal scee=s authortza.
,,, A Personnel Security Quentloo.
'Ci Direct the routine status of vital na4re.PSQi completed av tJte mdividual. Hon la a companusave, commsn.eense Judgment,inade af ter consideration of all
+ A angerprmt card with the m.
the relevant mformation. favorable or t[n or si dividuals nnserprinta stingerprinta may a r tat unfavorable. that to grant or deny special e
be taaen by a local police authority t it,a All 2oes enten require unescorted nuclear matertal access authertration is access' to special nuclear ma'erial or
'3' A statement ny the emplo>er. pro, or is not inimics to the e,mmen defense sttnm vital areas SD'Cve empimer. or contractor identi, lytaa the Job tc be assigned to or assumed and sec.artty and a or ta not clearly con.
t
'3' All jobs a bleh require uneserted Of t e mdistdual and the level of au. statent asth the nationai tr.terest I
acre % sithin protected trea.s and ohtch the To sunst in maktrt these deter.
tinornattoo needed matM Dy appro, minations. on the taats of all the 'nfor.
ptlate nefetence to tne licensee s security a
8 of N w ticn mattoa in a particular esse there are set saan forth in i 1011 of tale chapter a number
'Utle Af ter 340 days follom tne pnu.
,c, 50ccial nutteer matertal access of speethe types of derogatory mforma.
11 cat!on m final f armi no indtvidual u no a '.nortratasi
- hall evotre S Deers fo!!ow. m. nm mMa m m maen sore at a nm tear reactnr wafeet to this
.nas the date of tasue if ctanttrtued special but eontsin the principal types of derose-part and af ter e t40 <tays friilnming pue*
nulear m.aterial acceu authortantion la tory mformation untch in the ocinion I
teration in Anal Mrm e no other individ. reouael *n est :stion for renewal analt of the Commtaston create a Question as to L
ual ma) te t+rmnited to mort at any ne y,n.n.tted at least 90 days prior ;o es, joD determu'ed by tne Commisstor to paratian cate Failure to maae a timely the indit;ddal's el:sibility for special nu.
fall within the crttertan of paragraph aps.14ation w111 result in expirstlop of clett matettal access authertzs tion.
Vtese criterta are subject to contmutng
' The <t.ee nat al'er me requirement for Iw= ae tenee tot specisa nuclear matettaa rettew and may be revised
- rom time to ene' win to a%erve imeistueio evenin me.
.a
- antnorta.uon, ma se espected to so w as e, eems arene na stated in i M oor ai.ti e%. t N can rur NRC LF and 3e eats for ttrne as etoerience and circarnstancea d
'"a ispter
%RL R may make deffraDje l
f s0ssat esosgtse. vpL as. aso. Is. ft*ueloaf, maeCM t r,19ry
\\
PEOPostD RULES 11dx3 4c) When the reports of investigation FNiulternertta of Part 73 of this chapter, of an individual contain information if appiteable, at the proposed faculty in-reasonably falling within one or more cluding the identificauon and descrtpuon of the classes of derogatosy Inforinauon of jobs at the proposed facllity na re-
/
11sted in i 1011. the app!! cation of the gulred by iII.llia) of this chapter.'
critenta shall be made in light of and Part U nhall list testa, inspections, and uth speelfte regard to whether the other means to be used to demonstrate
['
enlatence of such infor nation creates a compliance with such recluiregnents. If question as to the Individual's e!!stbility app!! cable.
for special nuclear material access au-thorization by ratsing a reconable belief PAft? 70-SPECIAL MUCLEAR that the 1 Wividual anuld une his access MATElt!AI.
to or control over special nuclear rnate-riel for theft or diversion of speclet
- 3. Paragraph th) of 110.23 la amended to read se folle=C nuelaar material or sabotage which would endanger the pubite by exposure 9 70.22 Centent. of applientleaa
- to radlauon The Execuuve Director for
=
Opersuons may authartw the grantmg th) Each app!! cation for a licanae to of special nuclear material access au-poseena or use at any site or contiguous thortzauon on the basts of the informa-Wtmo subject to control by the latensee uon tn the came or may authortse the uranium 335 (contamed In urantum en-conduct of an Interview otth the individ-riched to 30 percent or more la the ura-ual and, on the beats of such int.. view nium 336 teotopoh uraruerre 333, or and such other invenugation ta he deems plutonium alone or ta any comtplaauen approprtate. may authortae the graattris of special nuctent maternal artesa su*
in a quantity of 8,000 grants er mere computed by the forstula, grams =
thortantion. Otherstae. a quesuon con-tsrasna contained U-238) a 3.5 teramma cerning the ellstblitty of an individus!
for special nuclear material access au-g.333+3rama plutoaluan).sther than a nmnam for possessima or use of such eaa-thortasuon shall be resolved in accord
- ternal la the operation of a nuclear reme-anee with the procedures set forth in tar lleenasd pursuant to Part SG et this Ii 1030 throusb to 31 of this chapter.
chapter, shaZI lactude a physical secursty (d) In resciving a question concern-plan, consisting of two parta. Part I shall mg the eltsibtitty or continued eligibilit? addrems vital equipment. vital areas, and of an indivtdual for special nuclear teclauon tones. and shalt demonstrate matertal access authortandon by action how the applicant plans te meet the of the Personnel Security Board.' the ptlysical protection regulromants of Part followtrig principle shall be applied bF 73 of this chapter in the conduct of the the Board: Where there are grounda activity to be licensed inehuting the suf$ctent to estab!!ah a reasonable belief as to the truth of the :.nformation re-identification and descrtpuan of Johs as required by lit.llian of tlus chapter, sarded as substanttally derogatory and Part U ahall list testa. scapections. ard when the entstence of such information rabee a reasonable belief that the in-other sneana 86 demonstrate cosppilane wtth such requirements.
dividual may use his access to or control over special nuclear material for theft Dated at Washington, DC. this lith or diversion of spectal nucicar material day of March 1977, or sabotage enach would endanger the For the Ntaclear RegulaLory Commle-pubtle by taposure to radiatton. this shall ston, be the basts for a recommendation for Sansvas. L CastA rienytrig or revchre special nuclear Secretary of the Costneasstos.
matertal access authortantion tf not satisfactortly reOutted by the individual IFR Doc 37-ee2s Fuent 518-7t3:44 ami or shown to be mttligated by careum-s t.a nce.
PaRT 50-UCENSING OF PROOOCTION aND UTIUZATION FaCluTIES 2 Paragraph <c
- of I $4 34 Ls amended to read as follows.
1 *n).3 8 Consenas of.ppl.cas wi.: tech.
niv el intornistaan.
- ce Physical security plan Each spril-cation for a license to operate a prcduc-t tion or uttitrattors fac111ty shall melude '
a physical security plan ' Die plan shall {
consist of two parta Part f shall address 3
vital equipment. ettal areas. and isota-tion tones, and shall demonstrate how a
the applicant plans to comply sith the i E
- The function er the Personnet Sensity I arerd is aewritms m Part no or taan cnspier i
.s-F8o8041 sec 1
f rev elba s flim. i Mi,e SQ ato a&J So-281)
Chairman of the Atomic Safety and Ll* of eqmpment capable of detect!r.ar much Censing Board Partel. Ttmely peutlone deV6Cfs. fo l'!e effelts st ck egmpricht u VIRGINIA TLECTRIC & POwLR CO.
will te considered to determine whether reaso'iably sticataf,le. The been.cc may Proposed' svance of Amendments to a Iscaring should be noticed or another condn6cf a phlment scorch of as W.
Fac.
Operating Lscent**
sporopriate order taeued' regn rding the t'tdisal i/ dectried neccesary oc appropre.
We U S Nuclear Regulatory Commis~ di.pontuon of the petitions.
ele. We Individual responsible for the In the event that a hearing La held and last access control function (controllmg alon athe Commissions is consadeinig a person is permitted to intervene. he be. admtasson to the protected areas shall LI: g I e
N 1P 12 Pr comes a party to the proceeding and has be isolated within a bt:11et-resistme e37 is.usd to Vissisina Electric and Pomes a right to pasticipate fully in the con. 6Lrtu ture as described in paragraph ies l 'o tthe th;cs.*rei. for operauun of une duct of the hearing. For ess.mple. he may
'8s of this secuon to assure their atahty burry Puner Statson Ututs Ws. I and 2.
present evidence and examme and croma. to respond cr to summon ant t.mee lucau d an dorry Cuunty. Va esamme witnesses Por further details with respect to this The peuttorters state that a reTure.
In accordance with the hceivee's sp.
armn m m noucapn amend
- ment for a "lwit-down" phvurnt nr.o. a.
ph.:ntlosi for amcminwnt statoil Aucunt U.
ancast dateu Austiaat D. as supp!cmtssted fa amnwm.ary tu view of une other pr..
n s.unpirmental Ansust W.1977, the August 28. 1977 which is avulable for tutive mensures a hirh are returni Ina umendmenta mould revtse the proviabnn public taulwcuon at une Commlaalon's almence of such a requirement for ntber ha the Tes hnictal Specificauons relating Public Document Roorn.1717 H 8trut vand more sensitives facthties and stie to the trait.ient and accident analysis 8*
NW, Washingtors. D C. at the Swerra Lt. aeriotis probicms which the physical nfferted by nn increase in steam genera.
brary College of Witllam and Mary, Wil. search requirement imposes. De ptes.
tur tube pluegmg levets from the currcan, elamsburg. Va.
tioners state, however, that " pat-don n" 20"* W M.
Pilor to anuance of the proposed li-Dated at Bethesda, Md this 4th day physical scarches shotild be permitted m centse annendments. the Commissloat util of September 1977.
any case where security personriel are base nuule une findl.igs required by the suspicious about an individual, and signs For the Nuc! car Regulatosy Commis-should be posted that individunts enter.
Atomic Energy Act of 1954, as truended 4
<the A6ts, uand the Conunissmn's n ulca Ing a protected area may be suine t to und regulattuna.
Rossat W. Raze.
physical setu ch.
By October 7.1977, the licensee may Chic /. Operating Reactors Branch
%e Cornmisalon is assessmg the im-Ale a request for.6 hearing and any per.
No.
W. Divisioss of Operafin, plications of " pat.down" searches and son shone unterent may be affected by Reactors.
their value as a part of a total physic:al pr lecti n systent, considermg their re-this proceedung may file a request for a IFR Doc M 2686 Pued 944 Tr.8:ss ami beurmt in the forrn cf a petition for lation to other features of security m.
L..ane to littervenc witis respect to the tema required by the rule that n17ect ar-innance et the amendmeral. to the bub.
lCocket No. PRM-73 3l cesA controls tr' tended to protect with hI~ h # "t d'"*
- I"'Id
I' "
iret bu shty operattoic hcenses. Pettuons WISCONSIN ELEC7R8C POWUt CO., ET AL Twr Ines e to mtervene must be filed under endeavortna to identify alternate in it uuth or Mt.rmation in accordance alth Rams of Petstion for IE _- %
- 111 achieve equivalent protettu.n ni the c n est M une totalmunty sutrm Pub die pruit tenu of Sn ilon 2.714 of to CW Notti e is hereby given utat Gerald p art J of the Conuulwon's regulatsotts. Citatuuff. Esquare, and Jay E. 611berar, lic commenta ure s.ohcited spectildly un suela alternatives, and furdier optanona A prutaan for leave to lutervet e mtat set Engture have fued wit 1 the Commisanon as o se value M searches as a contribut-losth the mterest ut the peuuoner in oan behalf of the Wlaconsin Electrne ing element of security systems.
the proc evding. how that intesest may be Power Co. Wlaconsin Public Service A e py f the peution for rule makmg alfri ted by the sesulta of the ptoteedmg. Corp., and Balumore Osa and Electric
.s avadable for public inspection at the und the peutionces contentiosu6 with te* Co. a petition for rulemaking dated Au.
spect to the pa opiacit hoenning action, gust 10.1977.
CommMicrfs Pubhc Document Roum.
Such petitions anual be flied an accord.
The. peuuoners request the Cnemf a.
1717 H Street NW., Washington. D C A ance watit the provtatons of this Ptoanal-stoit to amend i 73.S5(d)til of the Com. c pr of the pettuon may be obtained by litiaste m smttre anil Section 714. and mission's regulation "Phraical Protecuon wrtung to the Dtvulon of Rules and Rec.
inct be titrel eith the Haxastas y of the of Plaote saul lifaterials.** 10 CPn l'ust MA ntnistration. If 8 Nu.
Counmtwl.ni US N aa lmr iti u ulatom y
- 73. to cliministe the rtvluirement for **put.
""I"D D ""* "" W"d ""U t.um mlas ton. Wushingtemi. D C. 305T4 down* Idiynical acnichca of Individuals Altt n t h.u th kung und tkrytcc ticca entering a protteted ara All persons who deelte to submit a rit.
Don, by use abote date. A copy of the ne amendmenta proposed by the ten comments or suggesuona concerninw peuuun un t or argues: Inr a hearing petitioners would modtfy 10 CPR 73 SS the petitwn for rule making should send 3hould Lo amt to the Eaev utive Legal (dlill by deleting the bracketed words uncar cosnmenta to the Secretary ut the CNm
- u. UE W cleur ReWalue y Dnectur. U S Nutlean Hegulatory Coen* und adding the Itallacd langitage na mission. Waxhtngtun. D C. 20535 and to fultuen:
CmnmNton. Wmbington. D C.
';05D Mr. Mich. net W Muupm. Esquire, ilun.
Attention: Dncketing and Service Da aimti tun, Wtiltama. Gay und Gibsort P O Llos b M,a Knpaaegrenne fee pisy..,emi em by October 17. ItlT7 1336. Itti hamnid. Va JnlJ. the uttua s ty
' '"*" "I Ienae.1 erne inse m an.
rieme g=.=ce cemes.see sanie a iuJa.=
Dated ut Waahingtutt D C, thte I.it ti for the Inenace sei l..t day ut ticpternber 1977.
A peuuun tur leave to untervene muat IW the Nuticar Regulatory fi.m n m.
be uccumpaaned by a supporting m!!!.
deut wini h nientines the apetthe sapes t edi Accesa requirementa. (Il The 18 blon.
or aspa ta uf the proceeding as to what h censee shall conta ol all pumts of perum.
Susutt, J. Chit M.
tusen tention ta desttrd asul apett!!cs ulth nCI dnd %Chicic acLeas to a protetttd Secretarv 0f fise Commme".
put t.eul.arity die f.atts on thsch the pc.
a4cu. Identtftcauou and searth of s!! in*
iFR Doc 77 -;t70Li Pueo ;bl4 77 e o on e titioner rehas As to both him mterest and dividuals st all be made and authortza.
tan e ontentauns with regard to each an-tion shall be checited at such pomta. The lDe W so.%
pect ou s' 't h inteivenuon is requested, farenste shoff post signs of such potests Prtiuom
..t.i t m g contentions relatmg 84Wuet'19 tridstadkals that (facy enay be WISCONSIN ELECTRIC POWER CO. AND only to m.itters out.ide the Conmnmon s 8"bfect to physical search prior to enfer, wl5CONSIN MICHICAN POWER CO Jun Iwiti tion will tse dented 8 "8 '8 P'ofected arret ne search func-Issuance of Amendments to Fac+ty All priu ng... will be arted noun by the uins iur detection of firei.rms, esplosites Operating Licenses i
l Cammlulun or he ensing beans, itede. und mrendtary deetreat shall be conducted he lf S Nucicar Regulatory Commis.
me t ret by the Comnn saun or tn the tiusnr bv a phy a il arch ori hy use sinn othe Cam mtwton 6 has Isr1 esotent stoistie. vot. 43, peo si,-rwoescar, strismase is, serr l