ML20034F207
| ML20034F207 | |
| Person / Time | |
|---|---|
| Issue date: | 01/29/1993 |
| From: | Dan Collins NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II) |
| To: | Mckee P Office of Nuclear Reactor Regulation |
| References | |
| RTR-REGGD-05.062, RTR-REGGD-5.062 GL-91-03, GL-91-3, NUDOCS 9303020401 | |
| Download: ML20034F207 (3) | |
Text
DeD JAN 2 9 993 i
MEMORANDUM FOR:
Phillip F. McKee, Chief Safeguards Branch Division of Reactor Inspections and Safeguards, NRR FROM:
Douglas M. Collins, Chief Nuclear Material Safety and Safeguards Branch Division of Radiation Safety and Safeguards
SUBJECT:
REQUEST FOR POLICY GUIDANCE REGARDING THE DEFINITION OF
" COMPROMISED" SAFEGUARDS INFORMATION This is to request policy guidance describing the circumstances th'at result in
" compromise" of Safeguards Information. The question of what constitutes a
" compromise" has arisen as recently as during an enforcement conference with TVA, on January 13, 1993, concerning problems at their Sequoyah plant with the control of Safeguards Information.
Although 10 CFR 73.21 does not discuss the issue of " compromise", Regulatory Guide 5.62, Reporting of Safeguards Events, and Generic Letter 91-03, of the same title, do. Regulatory Guide 5.62 lists the following as an example of an event that should be reported to the NRC within 1 hour:
" Compromise'of Safeguards Information (including loss or theft) _that could significantly.
assist a person in an act of radiological sabotage or theft of SNM.
(Paragraph I(a) of Appendix G).
There is no measure that would' adequately.
compensate a compromise of Safeguards Information once the event has occurred.
A licensee should always report this type of event within I hour of discovery, and followup measures similar to those for theft or loss of a classified document should be taken." To decrease the number of calls made of this type of event, Generic Letter 91-03 offered the following guidance as an example of an event that need not be reported in 1 hour1.157407e-5 days <br />2.777778e-4 hours <br />1.653439e-6 weeks <br />3.805e-7 months <br /> but logged within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> in the.
Safeguards Event Log which is submitted to the NRC on a quarterly basis:
" Compromise (including loss or theft) of Safeguards Information that cou'.d not significantly assist an individual in gaining unauthorized or detected access to a facility, or could not significantly assist an individual in an'act of radiological sabotage or theft of SNM."
This guidance indicates that classifying an event as reportable or loggable depends on whether the " compromise" could significantly assist an individual.
In.the case of TVA and Safeguards Information, the licensee has interpreted this guidance in the following fashion. The licensee makes a determination if Safeguards Information is significant or non-significant.
If significant material is lost or stolen, the event would be reported within 1 hour1.157407e-5 days <br />2.777778e-4 hours <br />1.653439e-6 weeks <br />3.805e-7 months <br />.
If non-sianificant material is found unsecured, but no material is missing and no I
sign of mei is discovered, the event is not logged.
l 0 9303020401 930129 PDR RECCD PDR 05.062 C 1@, 7
Phillip F. MeKee 2
JAN 2 91993 It is our understanding that any material that is warrented to be classified as Safeguards Information and is not protected as required by 10 CFR 73.21, is
" compromised". The degree of compromise and the significance of the material compromised determinies whether the event is reported or logged and also is considered in determining the level of enforcement action taken.
The licensee feels that Safeguards Information is only compromised if "significant" information is not protected as required by 10 CFR 73.21, or-if "non-significant" information is found tampered with or missing.
Because of this difference in understanding of the meaning of " compromise" and reportability vs. r.eed to log events, we request you provide policy guidance in this area.
This policy guidance request was discussed between Mr. L. Bush of your staff and D. McGuire of mine.
If you have any questions, please contact Orysia Masnyk at (404) 331-5564.
p'AA/.
Douglas M. Collins RII:DRSS Ril:DRSS RII:DRSS RII: RSS i
6%
l MASNYK:JC MCGUIRE MALLETT STO R 01/ /93 01/ /93 01/ /93 01/g /93
1 JAN 2 91993 Phillip F. MeKee 2
It is our understanding that any material that is warrented to be, classified as Safeguards Information and is not protected as required by 10 {FR 73.21, is j
" compromised". The degree of compromise and the significance of the material compromised determinies whether the event is reported or logy'd and also is considered in determining the level of enforcement action taken.
The licensee feels that Safeguards Information is only go/
mpromised if "significant" information is not protected as required by 10 CFR 73.21, or if "non-significant"informationisfoundtamperedwith4rmissing.
Because of this difference in understanding of the/
meaning of " compromise" and l ou provide policy guidance reportability vs. need to log events, we reque y
in this area.
If you have any questions, please contact Orysia Masnyk at (404) 331-5564.
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Douglas M. Collins
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Rj:DRSS RII:DRSS RII:DRSS MASNYK:JC IRE MALLETT STOHR 01/d7/93 Olg/93 01/ /93 01/ /93 1