ML20040G868

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Notice of Receipt of Petition for Rulemaking PRM-73-8 Re Elimination of Required Search of hand-carried Packages of Personnel at Nuclear Power Plants.Comments Must Be Received by 820419
ML20040G868
Person / Time
Issue date: 02/09/1982
From: Chilk S
NRC OFFICE OF THE SECRETARY (SECY)
To:
References
RULE-PRM-73-8 NUDOCS 8202160557
Download: ML20040G868 (5)


Text

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V Nuclear Power Plants idff A~, N', U{ h,, ys 1 AGENCY: Nuclear Regulatory Conmission. ACTION: Notice of receipt of petition for rulemaking from Eet c Power Company, et al.

SUMMARY

The Nuclear Regulatory Commission is publishing for comment a petitien for rulemaking dated December 2,1981 filed on behalf of the Wisconsin Electric Power Company, et al. The petition requests changes in.10 CFR Part 73, " Physical Protection of Plants and Materials," which would eliminate "... the requirement for searches of hand-carried personal effhets-of screened employees entering a protected area" of a nuclear power plant. The petitioners contend that the "... requirement is unr.ecessary as demonstrated by the absence of such searches in comparable Federal programs. The requirement is also an ineffective means of preventing insiders from sabotaging the plant." The petition includes proposed amendatory text which would achieve this requested _ change. DATES: Comments must be received on or before APR 1 g 1982 Comments received after APR 191982 will be considered if practical to 'do so but assurance of consideration cannot be given except as to coments ' received on or before this date. ADDRESSES: Comments should be sent to the Secretary of the Commission, U. S. Nuclear Regulatory Commission, Washington, D.C., 20555, Attention: Docketilig and Service Branch. Comments may also be hand-delivered to Room 112,1, 1717 H = 95 / / s i/ 82052160557'820209' '~ PDR PRM 73.-8 PDR

~ l%.-{i, 5Cf. s 2 Street, NW., Washington, D.C., between_8:15 a.m. and 5:00 p.m. A copy of the petition and the memorandum in support of the petition may be obtained by writing to the Division of Rules and Records,'0ffice of Administration, U.S. Nuclear Regulatory Commission Washington, D.C., 20555. Comments on the petition may be inspected and copied at the NRC's Public Document Room,1717 H Street, NW., Washington, D.C. FOR FURTHER INFORMATION CONTACT: John D. Philips, Chief, _ Rules and Procedures Branch, Division of Rules and Records, Office of Administration, U.S. Nuclear Regulatory Commission, Washington, D.C., 20555. Telephone: (301) 492-7086. Toll-free: (800) 368-5642. SUPPLEMENTARY INFORMATION: The Nuclear Regulatory Commission has received a petition for rulemaking filed on behalf of the Wisconsin Electric Power Company, the Public Service Electric and Gas Company, the Commonwealth Edison Company, the Yankee Atomic Electric Company, the Northern States Power Company, and the Sacramento Municipal Utility District which would amend 10 CFR Part 73, " Physical Protection of Plants and Material," specifically 373.55(d)(2), to eliminate "... the requirement for searches of hand-carried personal effects of screeened employees entering a protected area" of a nuclear power plant. In the memorandum in support of the petition, the petitioners review the access control requirements, other than the search of hand-carridd personal effects effects of employees, which are set forth in 573.55(d). The petitioners list 21 requirements, other than the search requirement, which the petitioners contend "... provide more than adequate control over employee access to the protected areas of... " nuclear power plants. The petitioners also state I w

p. . 5* 'ff c Vf;. l 4 3 L that most nuclear power plant licensees have implemented personnel screening programs involving a background investigation and psychological _ screening of ersoloyees. The petitioners also suggest that "... if an intelligent insider wants to attempt to sabotage a nuclear power reactor, he needs nothing from outside the plant. There are already items within the plant which would serve the same function as anything an insider could bring in. Therefore, searches. of hand-carried packages for items which could be used for sabotage generally ~ are ineffective means of providing security." The petitioners suggest that 173.55(d) be modified "... to permit physical searches on suspicion and to inform all employees prior to entering a protected area ~that they may be searched... [thereby giving] further assurance to the security program." The petitioners also note that the anti-hijacking precautions in effect for all commercial airlines would appear to call for measures at least as strict as those for nuclear power plants. Yet, the petitioners state, government regulations in this area do not require searches of hand-carried personal effects of cleared or otherwise authorized employees. Finally, petitioners contend that the search requirement creates low morale among utility employees and causes "significant delays... in processing large numbers of people, particularly during outages when the number of workers coming onto the site increases dramatically. 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."

~O., - [f7 g-4. -./ The petitioners included a proposed amendment,to 173.55'by adding the text included in the enclosed arrows as provided below: PART 73 - PHYSICAL PROTECTION OF PLANTS AND MATERIALS 1. Paragraph (d)(2) of 573.55 is revised to read as follows: 573.55. Requirements for physical protection of licensed activities.in nuclear power reactors against radiological sabotage. (d) (2) At the point of personnel and vehicle access i.nto a protected area, all hand-carried packages shall be searched for devices such as firearms, explosives, and incendiary devices, or other items which could be used for radiological sabotage, -F 'except those hand-carried personal effects carried by employees of the licensee who have been screened under an employee screening program consistent with American National Standard ANSI N18.17, " Industrial Security for Nuclear Power Plants," and who, at the access point are positively identified.by personal recognition or show an appropriate badge containing sufficient information to positively indicate the identity of the bearer. When the licensee has cause to i i suspect that such an employee is attempting to introduce firearms, explosives or incendiary devices, or other items which could be used for radiological sabotage into a protected area, the licensee shall conduct a search of the hand-carried e L

l packages of that employee. The licensee shall post signs at all points of personnel and vehicle access into a protected area informing regular employees that thdir hand-carried packages may be subject to search prior to entering the area. k-Dated at Washington, D. C. this 9* day of Fe a4 v44'/ 1982. For the Nuclear Regulatory Commission. <\\ rkhee 0,t Isa5uelJ.Chilkf Secretary of the Commission 9 e e}}