ML20044B529

Forwards Proposal for Changes to Physical Protection Requirements Minor Amends Rule Package

ML20044B529
Person / Time
Issue date:	06/26/1992
From:	Grimes B Office of Nuclear Reactor Regulation
To:	Morris B NRC OFFICE OF NUCLEAR REGULATORY RESEARCH (RES)
Shared Package
ML20044B465	List: ML20044B464 ML20044B529 ML20045E136 ML20045E143 ML20045E152 ML20045E155 ML20045E158 ML20045E163 ML20045E164 ML20045E175 ML20045E181 ML20045E189 ML20045E194 ML20045E202 ML20045E243 ML20045E262
References
FRN-57FR33426, RULE-PR-70, RULE-PR-72, RULE-PR-73, RULE-PR-75 AD03-2-018, AD3-2-14, AD3-2-18, NUDOCS 9207020091
Download: ML20044B529 (40)

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UNITED SiATES

>Telford/Turel n

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WASHINGTON, D.C. 20555 pt o

June 26, 1992 JoAy ud 54m for yoaV 4

Coe A MEMORANDUM FOR:

Dr. Bill M. Morris, Director Division of Regulatory Applications Office of Nuclear Regulatory Research j

FROM:

Brian K. Grimes, Director Division of Reactor Inspection

([J6 and Safeguards Office of Nuclear Reactor Regulation

SUBJECT:

CHANGES TO PHYSICAL PROTECTION REQUIREMENTS MINOR AMENDMENTS RULE PACKAGE At a meeting held in Jim Sniezek's office on June 2,1992, it was decided to re-evaluate a' proposal in the subject rulemaking package that wo_uld restore an inadvertently omitted sentence in 73.55 (d), " Access Requirements." There were a number of questions raised as to what the sentence was trying to 7

accomplish. We haveire; evaluated this' matter and" recommend that"thersentence.

notibe" rein'sertsdile ' consider the' primary concern with the" sentence'being" Hi omitted'(i.e'., a signal to licensees that vital areas could be ' opened up' to the public) can best be addressed by inclusion..of. revised wording,to_ the statements of consideration.

Encl osed ? i s : our proposalffor; change.s L tolth'ef

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rulemakingpackage}toJimpl'ementithisTapproach.:

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y hw Brian Grimes, Director Division of Reactor Inspection and Safeguards Office of Nuclear Reactor Regulation

Enclosure:

Proposed Changes to Rulemaking Package g.m ogi g 4

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Insert The first commenter stated that restrictions [ presumably made explicit by the inserted sentence] should be withdrawn'to allow tours'with the provision of appropriate security measures to ensure plant safety and that "This change would limit access to nuclear plant vital areas'even when under escort.".

Another commenter asserted that the inserted sentence "needs clarification" but did not specify what additional clarification-was' required. The third.

commenter stated that it would be beneficial if a definition of " good cause"

'were provided by the Commission in the rule and if additional guidance were provided as to what constitutes'nonwork-related activities.

The NRC agrees that the. subject sentence is not clear,. particularly.with respect to how it applies to escorted persons, and has. decided to not reinsert the sentence. As stated in item 5 of the Supplementary Information published-with the proposed rule, the NRC was concerned that the inadvertent omission of the sentence would be construed as a "' signal'_ that vital areas"could be

• opened up' to 'public sightseeing tours

• or 'open house visits

• without close

. licensee oversight."_ The NRC continues to be concerned about' unnecessary-escorted personnel traffic in vital areas, especially the control room, but considers that licensee security plans generally provide an adequate basis for control. of such practice. 'The NRC concludes that licensee security. plans,.in implementing 10 CFR 73.55(d)(7), would not permit licer sees to grant ' access:to-persons, either-unescorted or escorted, who have no legitimate purpose for such access and that prior to granting escorted access' licensees would consider escort to visitor ratios and other controls. Means of achieving the purpose of the visit without enteri_ng vital' areas would be considered such as touring the control room simulator rather than the control room.

Examples of.

legitimate small tours, which might include' brief access to vital areas, could L include government officials, press or local: science teachers.

In. summary, visitors should not be permitted access to vital areas at operating sites

.unless there is a good reason and with due consideration for plant and personne1~ safety and radiological concerns.

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• : regulations _ covering ' security requirements for th'e specific class; of licensee 4

(i.e., il 73.20, 73.25, 73.26,'. 73.40, 73.46,- 73.55, 73.60).

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To avoid possible confusion, definitions of the cosmonly 'us' d terms -

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. Category I, Category II, and Category III have been added to the definitions sections of 10 CFR P,trts 70 and '73.

A formula quantity of strategic special nuclear material. is sometimes referred to as a Category I quantity of material;. specialinuclear material"of moderate strategic significance is sometimes referred:to as a. Category II' quantity of material; and special nuclear. material.cf lowjstrategic'.

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. significance.is'sometimes referred to as a Category III quantity' of material.

The current regulations do not include these chtegory designations, although'....

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...s they are sometimes used.

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Inconsistencies among the genera 1 auditing requirements have been removed for the safeguards' contingency plans and. physical-security programs.'of-j

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transportation and fuel cycle licensees who possess Category I material, l

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' Inconsistencies in both' the content of the audits'-and resul' tant follow-up actions have been eliminated. The record retention period for results of

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these audits is being made' consistent at 3 years.

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. An in dvertently omitted sentence that-ddresses access toTvital

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T ar ist pow reactors s been

' inserted in 15_73.55 )(7)'to'e ure that

.i jioerrone s views are old by 1 censees tha the dele on of the entence as~

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• that vit areas c Id be ' ope d"up" to' ublic si tseeing t~ rs" (or " en house vi ts" with ut close 11 nsee.over ight'. Li nsees'are L

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Ac rently requ d,by 73 45 (d)(7)(i o have a access a horizatio system?

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o limit un ortedac7esstovit areas dur ng noneme ency cond ionsLto individuals who require; access in order to perform their duties

Moreover,

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the spepific wording that s/ reinserted w i contained in 10 CF ' fart Ifora num er of year,s receding 1985. Corre ing this i rtent omission does not s gnal any c(ange 'n Comission po} cy or practice in thi[ regard.

L/ g. A definition for the term " contiguous sites" has been added to 10 CFR Parts 70 and 73.

In the final definition, the words "...means locations subject to the control of a licensee...." have been gramatically changed to read "...means licensee controlled locations...."

In addition, the words

...and for the possession, use, or storage of special nuclear material..."

have been deleted from the definition since they generally appear in the introductory language of applicable regulations. Action dates that have passed have been eliminated. The outdated tehn " industrial sabotage" has been replaced by the current tem " radiological sabotage."

Incorrect references to parts of the regulations that have been moved or deleted have been corrected.

Paragraph designations in references, in other parts of the regulations, to definitions in i 70.4 have been removed because those~ designations were deleted in an amendment published in the Federal Register on April 28, 1989 (54 FR 14051). Several areas in the regulations have been clarified where the wording was susceptible to differing interpretations. The notification requirement for changes to the safeguards contingency plan that do not

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decrease the plan's effectiveness has been revised to require that the original be sent to the NRC headquarters office with a copy to the regional office, instead of vice versa. Finally, several typographical errors have been corrected.

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SUMMARY

OF PUBLIC COMMENTS Three letters of coment were received: two from nuclear power plant licensees and one from NUMARC, an umbrella organization of the nuclear power industry whose membership includes every utility responsible for constructing or operating a comercial nuclear power plant in the United States. Copies of coment letters are available for public inspection e.nd copying for a fee at the NRC Public Document Room at 2120 L Street NW. (Lower Level), Washington, DC.

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All three comenters a r ssed only the amendment th would restor.the k &f'Ja csw vinadvertently omitted@entence3n 5 73.55 (d), Access Requiremen sA It reads:

" Access to vital areas for the purpose of general familiarization and other nonwork-related activities may not he authorized except for good cause shown to the licensee." This sentence follows the requirement in i 73.55 (d)(7)(1) that the licensee " Establish an access authorization' system to limit ' 7-

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unescorted access to vital areas during non-emergency conditions to L,

j individuals who require access in order to perform their duties."

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-The first comenterjtated that the restrictions [ presumably made *K

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[ explicit by the insertifd sentence] should be withdrawn to allow tours with the' \\;

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provision oflap,roiriate security measures to ens ( e plant sa

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"This changywould limit access to nuclearep'lant vital areas even when under escort." With regard to this coment('i em 5 of the Supplementary Infobation-

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l pub) shed with the proposed ru1Vstated that the inadvertent omission of the

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,.s'ubject sentence should not be construed as a "' signal' thatailtal areas could

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k be ' opened up' to 'public sightseeing tours' or 'open ' house visits'

\\Xwithoutcloselicenseeoversicht"(emphasisadded).,f The re-insertion of this i

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[' requirement is to deter indiscriminate wide-spread public tours of vital N

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licensee from conducting public tours /

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It does ld deemedappropralnot,precueae, if close supervisi n/over esta i

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safeguards ntrols is maintai

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,The second comenter as ted that the insert d sentence "needs

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clartfication" but did no specify what additi6nal clarification was required.

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With regard to this e ment, further on n the supplementary information to he NRC notes tha " Licensees are assig/et ned the proposed rule

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I responsibilit or making final vital area access dec its in accordance with the past p tices and provis s under the approve & ecurity plans." The NRC

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t believes / hat the sentence is sufficiently clear

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/Ihe third comen/

ter stated that it would be beneficial if a definJtion

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l of/" good cause" w /

/ guidance werg,/Yere provided by the Co 'ission dditional

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provided as to what c titutes nonwork-relate etivities.

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t In this e' gard, the NRC believes t at " good cause" and " nwork-related 1

activi s' are not new tems nd'do not require def tion, having prev

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appeared in E 73.55 before he sentence was inad rtently dropped.

Therefore, no changes ha e been made to thegnendments in resp 3n e to public

. (Q coment.

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Environmental Impact: Categorical Exclusion The NRC has determined that this final rule is the type of action I

described in the categorical exclusion in 10 CFR 51.22(c)(2). Therefore, neither an environmental impact statement nor an environmental assessment has been prepared for this regulation.

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[7590-01]

HUCLEAR REGULATORY COMMISSION 10 CFF PARTS 70, 72, 73, and 75 RIN: 3150-AD03 Minor Amendments to the Physical Protection Requirements AGENCY: Nuclear Regulatory Commission.

ACTION:

Final rule.

SUMMARY

The Nuclear Regulatory Commission (NRC) is amending its-regulations that cover the physical protection of special nuclear material. These amendments will (1) supplement the definitions section, (2) delete action dates that no longer. apply, (3) correct outdated terms-and cross references, (4) clarify wording that is susceptible to differing interpretations, (5) correct typographical errors, and (6) make other minor changes. The' amendments are the result of a systematic review-of NRC's safeguards regulations.

EFFECTIVE DATE:

[ Insert a date 30 days after publication in the:-

Federal ' Reoi ster. ]'

FOR'FURTHER INFORMATION CONTACT:

Stanley P. Turel, ' Regulation Development Branch, Division of Regulatory Applications, Office of Nuclear Regulatory 1

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Research, U.S. Nuclear Regulatory Commission, Washington, DC 20555, Telephone (301) 492-3739; Priscilla Dwyer, Domestic Safeguards Branch, Division of Safeguards and Transportation, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555, Telephone (301) 504-2478; or Donald M. Carlson, Reactor Safeguards' Branch, Division of Reactor-Inspection and Safeguards, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555, Telephone (301) 504-3212.

SUPPLEMENTARY INFORMATION:

The NRC Safeguards Interoffice Review Group has conducted a systematic review of the Agency's safeguards regulations and guidance documents to identify areas in the regulations that are out of date, inconsistent, or susceptible to differing interpretations.

In doing so,-the review group identified other areas in the regulations where minor changes are warranted.

The NRC published in the Federal Register on August 15, 1989 (54 FR 33570),

proposed amendments consisting of minor corrections and changes to its i

regulations identified by the review group that cover the physical protection of special nuclear material. The comment period ended on September 29, 1989.

The changes are summarized here with a brief discussion.

1.

The substance of paragraphs (b), (c), and. (d) of 10 CFR 73.40 has been moved to Appendix C of 10 CFR.Part 73 and combined with the safeguards contingency plan specifications already there.

The requirement for.having a safeguards contingency plan is included in each of_ the sections of the-regulations covering security requirements for the specific class of licensee 2

(i.e., 99 73.20, 73.25, 73.26,'73.40, 73.46, 73.55, 73.60).

2.

To avoid possible confusion, definitions of the commonly used terms Category I, Category II, and Category III have been added to the definitions sections of 10 CFR Parts 70 and 73.

A formula quantity of strategic special nuclear material is sorretimes.

referred to as a Category I quantity of material; special nuclear material of moderate strategic significance is sometimes referred to as a Category II quantity of material; and special nuclear material of low strategic significance is sometimes referred to as a Category III quantity of-material'.

The current regulations do not include these category designations, although-they are sometimes used.

3.

Inconsistencies among'the general auditing requirements have been removed for the safeguards contingency plans and physical security programs of transportation and fuel cycle licensees who possess Category I material.

Inconsistencies in both the content of the audits and resultant follow-up actions have been eliminated. The record retention period for results of these audits is being made consistent at 3 years.

s 4.

A definition for the term " contiguous sites" has been added to 10 CFR Parts 70 and 73.

In the final definition, the words "...means-locations.

subject to the control of a licensee...". have been grammatically changed to read "...means licensee controlled locations,...."

In addition,,the words.

...and for the possession, use, or storage of special nuclea'r material..."

have been deleted from the definition since they generally appear in the.

introductory. language 'of applicable regulations. Action dates that have' passed have been eliminated. The outdated term " industrial sabotage" has been replaced ~ by the current term " radiological sabotage."

Incorrect' references to 3

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parts of the regulations that have been moved or deleted have been corrected.

Paragraph designations in references, in other parts of the regulations, to definitions in 6 70.4 have been removed because those designations were deleted in an amendment published in the Federal Register on April 28, 1989 (54 FR 14051).

Several areas in the regulations have been clarified where the wording was susceptible to differing interpretations. The notification requirement for changes to the safeguards contingency plan that do not decrease the plan's effectiveness has been revised to require that the original be sent to the NRC headquarters office with a copy to the regional office, instead of vice versa.

Finally, several typographical errors have been corrected.

SUMMARY

OF PUBLIC COMMENTS Three letters of comment were receivedi two'from nuclear power plant licensees and one from NUMARC, an umbrella organization of the nuclear power industry whose membership includes every utility responsible for constructing or operating a commercial nuclear power plant in the United States. Copies of comment letters are available for public inspection and copying for a fee at the NRC Public Document Room at 2120 L Street NW. (Lower Level), Washington, DC.

All three commenters addressed only.the amendment that would restore the sentence inadvertently omitted, while amending the physica1' protection requirements'in 1986, from 5 73.55-(d), Access Requirements.

It reads:

" Access to vital areas' for the purpose of general familiarization and other nonwork-related activities may not be authorized except for good cause shown l

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to the licensee." This sentence follows the requirement in s 73.55 (d)(7)(i) that the licensee " Establish an access authorization system to limit unescorted access to vital areas during non-emergency conditions to individuals who require access in order to perform their duties."

F The first commenter stated that the restrictions [presumcbly made explicit by the inserted sentence] should be withdrawn to allow tours with the provision of appropriate security neasures to ensure plant safety and that "This change would limit access to nuclear plant vital areas even when under escort." Another commenter asserted that the inserted sentence "needs clarification" but did not specify what additional clarification was required.

The third commenter stated that it would be beneficial if a definition of

" good cause" were provided by the Commission in the rule and if additional guidance were provided as to what constitutes nonwork-related activities.

The NRC agrees that the subject sentence is not clear, particularly with respect to how it applies to escorted persons, and has decided to not reinsert the sentence. As stated in item 5 of the Supplementary Information published-with the proposed rule, the NRC was concerned that the inadvertent omission of the sentence would be construed as a "' signal' that vital areas could be

' opened up' to 'public sightseeing tours' or 'open house visits' without close licensee oversight." The NRC continues to be concerned about unnecessary escorted personnel traffic in vital areas, especially the cont'rol room, but considers that licensee security plans generally provide an adequate basis for the control of such practice. The NRC concludes that licensee security plans, in implementing 10 CFR 73.55(d)(7), would not permit licensees'to grant access to persons, either unescorted or escorted, who have no legitimate purpose for such access.

Further, prior to granting escorted access, licensees would 5

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consider escort to visitor ratios and other controls. Means of achieving the purpose of the visit without entering vital areas also would be considered (e.g., touring the control room simulator.rather than the control room).

Examples of legitimate small tours, which might : include brief access to vital areas, are visits by government officials, the press, or local science teachers.

In summary, visitors should not be permitted access to vital areas at operating sites unless there is a good reason and with due consideration for plant and personnel safety and radiological concerns.

Environmental Impact: Categorical Exclusion The NRC has determined that this final rule is the type of action.

described in the categorical exclusion in 10 CFR 51.22(c)(2).

Therefore, neither an environmental impact statement nor an environmental assessment has been prepared for this regulation.

Paperwork Reduction Act Statement This final rule does not contain a new.or amended information collection requirement subject to'the Paperwork Reduction Act of 1980 (44 U.S.C.-3501 et seq.)_.

Existing requirements were approved under. the Office aaf Management--and Budget approval number 3150-0009 for Part 70,- approval number '3150-0132 for -

Part 72, approval number 3150-0002 for Part 73, and approval number. 3150-0055 1

t for Part 75.

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Regulatory Analysis These minor amendments impose no new restrictions or requirements, and therefore, have no significant impact. Accordingly, a regulatory analysis is considered not necessary and has not been prepared.

Regulatory Flexibility Certification As required by the Regulatory Flexibility Act of 1980 ( 5 U.S.C.-

605(b),'. the Commission certifies that this rule will not have a significant economic impact on a substantial number of small. entities. The amendments,-as promulgated, are very minor in nature and the impact on any-licensee is minimal.

In the matter of reporting certain changes to the security program, the amendmcats merely reverse who receives the original and who receives the copy. The other changes are of an administrative nature and, therefore, do not alter the current implementation of the regulations by a licensee.

5 Backfit Analysis The NRC has determined that the backfit rule, 10 CFR 50.109,'does not apply to this final' rule because these amendments do not imp 6sb requirements on existing 10 CFR Part 50-licensees. Therefore, a backfit analysis is.not required for this final rule.

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as' amended, 1244, 1245, 1246 (42 U.S.C. 5 Sections 70.1 (c) and 70;20a (b)'al L.97-425, 96 Stat. 2232, 2241 (42_U.S.C.

issued under Pub. L.95-601, sec..10,~92 70.21(g) also issued under sec.122, 68 70.31 also issued under sec.'57d, Pub.Et 2077). Sections 70.36 and 70.44 also it amended (42 U.S.C. 2234).

Section 70.61 Stat. 955 (42 U.S.C. 2236,;2237). Secti 68 Stat. 939, as. ainended' (42 U.S.C. :213 For the purposes of sec. 223, 68;-

65 70.3, 70.7(g)', 70.19(c), 70.21(c),17 (b),70.32(a)(3),(5),(6);(d),andL(1),

70.42.(a) and (c), 70.56,;70.57;(b), (c (j) are issued under sec. 161b,.1611,48-amended (42U.S.C.2201(b),'220.1(i)and (d), 70.20b.(c) and (e),'70.21(c), 70J (g), 70.36,. 70.51.. (c)-(g),;70.56,' ;70.5:

(h)-(j) are issued under sec. 161.1,'.6C 2201(1)); ~ and - 5 5.70.5, 70' 9, 70.20b? (-

'70.52,.70.53,470.54,'70.55,70.58;(g)(>

and (c).are issued under.sec.:1610,L68

-2201(o)).

2.

Section'70.4--is amended,b) sites" in proper -alphabetical Lsequence b'

n List of Subjects in 10 CFR Parts 70, 72,~73, and 75 Part 70 - Criminal penalties, Hazardous materials - Transportation, Material control tad accounting, Nuclear materials, Packaging and containers, Radiation protection, Reporting and recordkeeping requirements, Scientific equipment, Security measures, Special nuclear material.

Part 72 - Manpower training programs, Nuclear materials, Occupational safety and health, Reporting and recordkeeping requirements, Security measures, Spent fuel.

Part 73 - Criminal penalties, Hazardous materials - Transportation, Incorporation by reference, Nuclear materials, Nuclear power plants and reactors, Reporting and recordkeeping requirements, Security measures.

Part 75 - Criminal penalties, Intergovernmental relations, Nuclear materials, Nuclear power plants and reactors, Reporting and recordkeeping requirements, Security measures.

For the reasons set out. in the preamble and under the authority of the

' Atomic Energy Act of-1954, as amended, the Energy Reorganization Act of 1974, as amended, and 5 U.S.C. 552 and 553, the NRC is adopting the following amendments to 10 CFR Parts 70,~72, 73, and 75.

f PART 70 -- DOMESTIC LICENSING 0F SPECIAL NUCLEAR MATERIAL t

t 1.

The authority citation for Part 70'is revised to read as follows:

Authority: Secs. 51, 53, 161, 182, 183, 68 Stat. 929, 930, 948, 953,-

954,-as amended, sec. 234, 83 Stat. 444, as amended (42 U.S.C. 2071,.2073, 2201, 2232, 2233, 2282); secs. 201, as amended, 202, 204, 206, 88 Stat. 1242,

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as amended, 1244, 1245, 1246 (42 U.S.C. 5841, 5842, 5845, 5846).

Sections 70.1 (c) and 70.20a (b) also issued under secs. 135, 141, Pub.

L.97-425, 96 Stat. 2232, 2241 (42 U.S.C. 10155, 10161).

Section 70.7 also issued under Pub. L.95-601, sec. 10, 92 Stat. 2951 (42 U.S.C. 5851). -Section 70.21(g) also issued under sec.122, 68 Stat. 939 (42 U.S.C. 2152). Section 70.31 also issued under sec. 57d, Pub. L.93-377, 88 Stat. 475 (42 U.S.C.

2077).

Sections 70.36 and 70.44 also issued under sec. 184, 68 Stat. 954, as amended (42.U.S.C. 2234).

Section 70.61 also issued under secs. 186, 187, 68-Stat. 955 (42 U.S.C. 2236, 2237). Section 70.62 also issued under sec. 108, 68 Stat. 939, as amended (42 U.S.C. 2138).

For the purposes of sec. 223, 68 Stat. 958, as amended (42 U.S.C. 2273);

ll 70.3, 70.7(g), 70.19(c), 70.21(c), 70.22(a), (b), (d)-(k), 70.24 (a) and (b), 70.32(a)(3),(5),(6),(d), and (i), 70.36, 70.39 (b) and (c), 70.41(a),

70.42 (a) and (c) 1.56, 70.57 (b), (c), and (d), 70.58 (a)-(g)(3), and (h)-

(j) are issued under sec. 161b, 1611, and 1610, 68 Stat. 948, 949, and 950, as amended (42 U.S.C. 2201(b), 2201(i) and 2201(o)); 5 5 70.7, 70.20a (a) and (d), 70.20b (c) and (e), 70.21(c), 70.24(b), 70.32 (a)(6),-(c), (d), (e), and (g), 70.36, 70.51 (c)-(g), 70.56, 70.57 (b) and (d), and 70.58 (a)-(g)(3) and-(h)-(j) are issued under sec. 1611, 68 Stat. 949, as amended (42 U.S.C.

2201(i));

and is 70.5, 70.9, 70.20b (d) and (e), 70.38, 70.51 (b)'and (i),

70.52, 70.53, 70.54, 70.55, 70.58 (g)(4), (k) and (1), 70.59,' ~and 70.60 (b) and (c) are issued under sec. 1610, 68 Stat. 950, as amended (42 U.S.C.

2201(o)).

2.

Section 70.4 is amended by adding a definition for " Contiguous sites" in proper alphabetical sequence, revising the oefinition of " Formula 9

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. quantity," revising ~ paragraph.(2)'of the definition " Plutonium processing and' fuel fabrication plant," revising paragraph (1) of the definition "Special

. nuclear material of low strategic significance," and revising the definition I

of "Special nuclear material of moderate strategic significance" to read as follows:

s 70.4 Definitions.

" Contiguous sites" means licensee controlled locations, deemed by the Commission to be in close enough proximity to each other, that the special nuclear material must be considered in the aggregate for the purpose of physical protection.

" Formula quantity" means strategic special nuclear material in any combination in a quantity of 5000 grams or more computed by the formula, grams - (grams contained U-235) + 2.5 (grams U-233 + grams plutonium). This class of material is sometimes referred to as a Category I quantity of material.

" Plutonium processing and fuel fabrication' pla'nt" ***

.(2) research and development activities involving any of the operations-described in paragraph (1) of this definition except for research and.

development activities utilizing unsubstantial amounts _ of plutonium.

"Special nuclear material-of low strategic significance" means:

(1) Less than an amount of special nuclear material of moderate strategic significance as defined in paragraph (1) of the de'finition of-1 10 J

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strategic ' nuclear material of. moderate strategic significance in this section, but more than 15 grams of uranium-235-(contained in uranium enriched to 20 percent or more in U-235 isotope) or 15 grams of uranium-233 or 15 grams of plutonium or the combination of 15 grams when computed by the equation, grams - (grams contained U-235) + (grams plutonium) + (grams U-233); or (2) Less than 10,000 grams but more than 1000 grams of uranium-235 (contained in uranium enriched to 10 percent or more but less than 20 percent in the U-235' isotope); or (3) 10,000 grams or more of uranium-235 (contained in uranium enriched above natural but less than 10 percent in the U-235 Isotope).

This class of material is.sometimes referred to as a Category III quantity of material.

"Special nuclear material-of moderate strategic significance" means:

(1)

Less than a formula quantity of strategic special nuclear material but more than 1000 grams of uranium-235 (contained in uranium enriched to 20 percent or more in the U-235 isotope) or more than 500 grams of uranium-233 or plutonium, or in a combined quantity of more than 1000 grams when computed by-the equation, grams =(grams contained U-235) + 2(grams U-233 + grams plutonium); or

-(2) 10,000 grams or more of uranium-235 (contained in uranium enriched to 10 percent or more but less than 20 percent in the. U-235 -isotope).

This class of material is sometimes referred to as a Category II quantity of material.

3.

In 9 70.19, paragraph (a)(2)'is revised to read as follows:

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s 70.19 Ge eral license for calibration or reference sources.

(a)

(2) Any Government agency as defined in 9 70.4 that holds a specific license issued by the Commission that authorizes it to receive, possess, use, or transfer byproduct material, source material, or special nuclear material; and 4.

In s 70.22, paragraphs (h)(1) and (k) are revised to read as follows:

s 70.22 Contents of applications.

(h)(1)

Each application for a license to possess or.use at any: site or contiguous sites subject to licensee control, a formula quantity of strategic special nuclear material as defined in s 70.4, other than a license for-possession or use of this material in the operation of a nuclear reactor licensed ' pursuant to Part 50 of this chapter, must include a physical security plan consisting of two parts. Part I must address, vital equipment, vital areas, and isolation zones, and must demonstrate how the ~ applicant plans to

~

meet the requirements of $1 73.20, T3.40, 73.45, L73.46,173.50, 73.60, 73.70, and 73.71 of this chapter in the conduct of the activity to be. licensed, including the identification and description of jobs as re'qufr'ed by 10 CFR1 II.11(a).

Part II~must list tests, inspections, and other means to demonstrate compliance with such requirements.

(k)- Each application'for a license to possessEor.useHat any site or contiguous sites subject' to. licensee control, special nuclear materialiof.

12

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moderate strategic significance or 10 kg or more of special nuclear material of low strategic significance as defined under B 70.4, other than a license

' for possession or use of this material in the operation of a nuclear power

- reactor licensed pursuant to Part 50 of this chapter, must include a physical security plan that-demonstrates how the applicant plans to meet the requirements of paragraphs (d), (e), (f), and (g) of s 73.67, as appropriate.

The licensee shall retain a copy of this physical security plan as a record

. for.the period during which the licensee possesses the appropriate: type and quantity of special nuclear material under each license, ar.d if any portion of the plan is superseded, retain that superseded portion of the plan for 3 years l

after the effective date of the change.

J 5.

In 9 70.32, paragraph (c)(3) is removed and paragraph (g) is-revised to read as follows:

9 70.32 Conditions of licenses.

(g) The licensee shall prepare and maintain safeguards contingency-plan procedures in accordance with Appendix C to Part 73:of this chapter for bringing about the actions and decisions contained-in.the Responsibility-0 Matrix of;its safeguards contingency plan. The licensee sha11' retain the current safeguards contingency plan procedures as a record for. the entire period during wnich_the_ licensee possesses the appropriate type and quantity of special nuclear. material under each license for which the procedures were

- developed and, if any portion of the' plan. is superseded,- retain that superseded portion for_3 years-'after the effective date of the change. -The licensee shall not.make a change that would decrease the safeguards M

13

effectiveness of the first four. categories of information (i.e., Background, Generic Planning Base, Licensee Planning Base, and Responsibility Matrix) contained in any licensee safeguards contingency plan prepared pursuant to st70.22(g),70.22(j),72.184,73.20(c),73.26(e)(1),73.46(h)(1),or 73.50(g)(1) of this chapter without the prior approval of the NRC. A licensee desiring to make such a change shall submit an a;: plication for an amendment to its license pursuant to 9 70.34. The licensee may make changes to the licensee safeguards contingency plan without prior NRC approval if the changes do not decrease the safeguards effectiveness of the plan. The licensee must maintain each change to the plan made without prior approval as a record during the period for which possession of a formula quantity. of special nuclear material is authorized under a license and retain the superseded portion for 3 years after the effective date of the change and shall furnish a report containing a description of each change within 60 days after the change l

is made to the Director of Nuclear Material Safety and Safeguards, with a copy to the Regional Administrator of the appropriate NRC Regional Office as i

l specified in Appendix A to Part 73 of this chapter.

PART 72 -- LICENSING REQUIREMENTS FOR THE INDEPENDENT STORAGE OF SPENT NUCLEAR FUEL AND HIGH-LEVEL RADI0 ACTIVE WASTE 6.

The authority citation for Part 72 is revised to read as follows:

Authority:

Secs. 51, 53, 57, 62, 63, 65, 69, 81, 161,.182, 183, 184,

-j l

186, 187, 189, 68 Stat. 929, 930, 932, 933, 934, 935, 948, 953, 954, 955, as amended, sec. 234, 83 Stat. 444, as amended (42.U.S.C. 2071, 2073, 2077, 2092,2093,2095,2099,'2111,2201,2232,2233,2234,2236,2237,2238,2282),

-- 14

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sec. 274, Pub. L.86-373, 73 Stat. 688, as amended (42 U.S.C. 2021); sec. 201, as amended, 202, 206, 88 Stat. 1242, as amended, 1244, 1246 (42 U.S.C. 5841, 5842, 5846); Pub.

L.95-601, sec. 10, 92 Stat. 2951 (42 U.S.C. 5851); sec. 102, Pub. L.91-190, 83 Stat. 853 (42 U.S.C. 4332); secs. 131, 132, 133,.135, 137, 141, Pub. L.97-425, 96 Stat. 2229, 2230, 2232, 2241, sec. 148, Pub. L.

100-203, 101 Stat. 1330-235 (42 U.S.C. 10151, 10152, 10153, 10155, 10157, 10161, 10168).

Section 72.44(g) also issued under secs.142(b) and 148(c), (d), Puo. L.

100-203, 101 Stat. 1330-232, 1330-236 (42 U.S.C. 10162(b), 10168(c), (d)).

Section 72.46 also issued under sec.189, 68, Stat. 955 (42 U.S.C. 2239); sec. 134, Pub. L.97-425, 96 Stat. 2230 (42 U.S.C. 10154).

Section 72.96(d) also issued under sec. 145(g), Pub. L._100-203, 101 Stat. 1330-235 (42 U.S.C.

10165(g)). Subpart J also issued under secs. 2(2),2(15),2(19),--117(a),

141(h), Pub. L.97-425, 96 Stat. 2202, 2203, 2204, 2222, 2244,_(42 U.S.C.

10101,10137(a),10161(h)). Subparts K and L are also issued ^ under sec.133, 98 Stat. 2230 (42 U.S.C. 10153) and sec. 218(a), 96 Stat. 2252 (42 U.S.C.

10198).

For the purposes of sec. 223, 68 Stat. 958, as amended (42 U.S.C. 2273);.

5 5 72.6, 72.22, 72.24, 72.26, 72.28(d), 72.30, 72.32, 72.44(a), (b)(1),.(4),

(5), (c), (d)(1), (2), (e), (f), 72.48(a), 72.50(a), 72.52(b), 72.72(b), (c),

72.74(a), (b), 72.76, 72.78, 72.104, 72.106, 72.120, 72.122,-72.124, 72.126, 72.128,72.130,72.140(b),-(c),72.148,72.154,72.156,72.160,72.166, 72.168, 72.170, 72.172, 72.176, 72.180,,72.184, 72.186, are issued under sec.

161b, 68 Stat. 948, as amended (42 U.S.C. 2201(b)); 5 5 72.10(a), (e), 72.22, 72.24, 72.26, 72.28, 72.30, 72.32,:72.44,(a),(b)(1),.(4), (5), (c),

(d)(1),(2),(e), (f), 72.48(a), 72.50(a), 72.52(b), 72.90(a)-(d), (f), 72.92,-

15

1 72.94, 72.98, 72.100,- 72.102(c), (d), (f), 72.104, 72.106, 72.120, 72.12'2, 1

72.124,72.126,72.128,72.130,72.140(b),(c),72.142,72.144,72.146, 72.148, 72.150, 72.152,-72.154, 72.156, 72.158, 72.160, 72.162, 72.164, 72.166, 72.168, 72.170, 72.172, 72.176, 72.180, 72.182, 72.184, 72.186, 72.190, 72.192, 72.194 are issued under sec. 1611, 68 Stat. 949, as amended (42 U.S.C. 2201(i)); and 6 5 72.10(e), 72.11, 72.16, 72.22, 72.24, 72.26, 72.28, 72.30, 72.32, 72.44(b)(3), (c)(5), (d)(3), (e),- (f), 72.48(b), -(c),

72.50(b), 72.54(a), (b), (c), 72.56, 72.'0, 72.72, 72.74(a), (b), 72.76(a),.

72.78(a), 72.80, 72.82, 72.92(b), 72.94(b), 72.140 (b),-(c),-(d), 72.144(a),

72.146,'72.148, 72.150, 72.152, 72.154 (a), (b), 72.156, 72.160, 72.162, 72.168, 72.170, 72.172, 72.174, 72.176, 72.180, 72.184,~72.186, 72.192,

.72.212(b), -72.216, 72.218, 72.230, 72.234(e) and (g) are issued under sec. 1610, 68 Stat. 950, as amended (42 U.S.C. 2201(o)).

7.

In 4 72.184, paragraph (a) is revised to read as follows:

6 72.184 Safeguards contingency plan.

(a) The requirements of the licensee's safeguards contingen_cy plan for-responding to threats and radiological sabotage must be as defined in Appendix C to Part 73 of this chapter. This plan must include Background, Generic Planning Base, Licensee Planning Base, and Responsibility Matrix, _the first '

- four categories of information relating to nuclear facilitiet licensed under -

Part 50 of this chapter.

(The fifth and last category of information, Procedures,'does not have to be submitted. for_ approval.)

PART 73 -- PHYSICAL PROTECTION OF PLANTS'AND MATERIALS 16

~,.

8.

The authority citation for Part 73 continues to read as follows:

Authority:

Secs. 53, 161, 68 Stat. 930, 948, as amended, sec. 147, 94 Stat. 780 (42 U.S.C. 2073, 2167, 2201); secs. 201 as amended 204, 88 Stat.

1242, as amended, 1245 (42 U.S.C. 5841, 5844).

Section 73.1 also issued under secs. 135, 141, Pub. L.97-425, 96 Stat.

2232, 2241, ( / U.S.C. 10155, 10161).

Section 73.37(f) is also issued under sec. 301, Pub. L.96-295, 94 Stat. 789 (42 U.S.C. 5841 note).

Section 73.57 is issued under sec. 606, Pub. L.99-399, 100 Stat. 876 (42 U.S.C. 2169)..

For the purposes of sec. 223, 68 Stat. 958, as amended (42 U.S.C. 2273);

s9 73.21, 73.37(g), and 73.55 are issued under sec. 161b, 68 Stat. 948, as amended (42 U.S.C. 2201(b)); 5 9 73.20, 73.24, 73.25, 73.26, 73.27, 73.37, 73.40, 73.45, 73.46, 73.50, 73.55, and 73.67 are issued under sec. 1611, 68 Stat. 949, as amended (42 U.S.C. 2201(i)); and 9 5 73.20(c)(1), 73.24(b)(1),.

73.26(b)(3), (h)(6), and (k)(4), 73.27(a) and (b), 73.37(f), 73.40(b) and (d),

73.46(g)(6) and (h)(2), 73.50(g)(2), (3)(iii)(B), and (h), 73.55(h)(2) and (4)(iii)(B), 73.57, 73.70, 73.71, and 73.72 are issued under sec. 1610,~68 Stat. 950, as amended (42 U.S.C. 2201(o)).

9. Section 73.2 is amended by adding a definition for " Contiguous sites" in proper alphabetical sequence, and revising the definitions of " Formula quantity," "Special nuclear material of moderate strategic sig~nificance," and i

"Special nuclear material of low strategic significance" to read as follows:

6 73.2 -Definitions.

" Contiguous sites" means-licensee ' controlled locations, deemed by the b

Commis*icn to be 'in close enough proximity to each other, that the special-17

nuclear material must be considered in the aggregate for the purpose of

. physical protection.

" Formula quantity" means strategic special nuclear material in any combination in a quantity of 5000 grams or more computed by the formula, grams - (grams contained U-235) + 2.5 (grams U-233 + grams plutonium). This class of material is sometimes referred to as a Category I quantity of material.

"Special nuclear material of low strategic significance" means:

(1) Less than an amount of special nuclear material of moderate strategic significance as defined in paragraph (1)_ of the definition of-strategic nuclear material of moderate strategic significance in this section, l

but more than 15 grams of uranium-235 (contained in uranium enriched to 20 percent or more in U-235 isotope) or 15 grams of uranium-233 or.15 grams of plutonium or the combination of 15 grams when computed by the equation, grams - (grams contained U-235) + (grams plutonium) + (grams U-233); or (2) Less than 10,000 grams but more than 1000 grams of uranium-235 (contained in uranium enriched to 10 percent or more but less than 20 percent in the U-235 isotope); or (3) 10,000 grams or more of uranium-235 (contained in (Tranium enriched -

above natural but-less than 10 percent in the U-235 Isotope).

This class of material is snmetimes referred to as a Category III quantity of material.

"Special nuclear material'of moderate strategic significance" means:

18

(1)

Less than a formula quantity of strategic special nuclear material.

but more than 1000 grams of uranium-235 (contained' in uranium enriched.to 20 percent or more in the U-235 isotope) or more than 500 grams of uranium-233 or-plutonium, or in a combined quantity of more than 1000 grams when computed by the equation, grams =(grams contained U-23b)+2(grams U-233+ grams plutonium); or (2) 10,000 grams or more of uranium-235 (contained in uranium enriched to 10 percent or more but less than 20 percent in the U-235 isotope).

This class of material is sometimes referred to as a Category II quantity of material.

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10.

In s 73.20, paragraph (b)(3) is redesignated as paragraph (b)(4),

a new paragraph (b)(3) is added, and paragraphs (b)(2) and (c) are revised to read as follows:

6 73.20 General performance objective and requirements.

l (b)

(2)

Is designed with sufficient redundancy and diversity to ensure maintenance of the capabilities described in 59 73.25 and 73.45; (3)

Includes a safeguards contingency capability that can meet the criteria in Appendix C to this part " Licensee Safeguards Contingency Plans;"

and (c)

Each licensee subject ti the requirements of paragraphs (a).and-(b)'

of this section shall establish, maintain, and follow NRC-approved safeguards' physical protection and safeguards contingency. plans that describe how the -

19 a

E licensee will comply with the requirements of paragraphs '(a) and (b) of this-section.

11.

In 6 73.26, paragraph (h)(6) is revised to read as follows:

s 73.26 Transportation physical protection systems, subsystems, components, and procedures.

(h) Test and Maintenance Proarams. ***

(6) The transportation. security program must be reviewed at least'every 12 months by individuals independent of both security program management and personnel who have direct responsibility for implementation of the security program. The review must include an audit of transportation security-procedures and practices, an evaluation of the effectiveness of'the-transportation physical protection syst'em, an audit' of the transportation physical protection system testing and maintenance program,' and an audit of' commitments established for response by local law enforcement authorities.

The results and. recommendations of the review, management's findings on whether the transportation security program is' currently' effective, and any actions taken as a result of recommendations from prior' reviews, must be documented in a report to the. responsible organization management and' to.

corporate management at least one level higher than' that having respons'ibility.

for the day-to-day plant operation.' These reports.must be maintained in an auditable form, available for inspectioq for a period'of.3 years.

I s.73.40'[ Amended).

20

12.

In 173.40, paragraphs (b), including footnote 1, (c), and '(d).are.-

removed.

13.

In 9 73.46, paragraphs (g)(6) and (h)(1) are revised to read as 4

follows:

l 9 73.46 Fixed site physical protection systems, subsystems, components, and procedures.

(g) Test and Maintenance Proarams. ***

(6) The security program must be reviewed at least every 12 months by individuals independent of both security program management and personnel who i

have direct responsibility for implementation of the security program.- The security program review must include an audit of security procedures and' 1

practices, an evaluation of the effectiveness of the physical protection i

system, an audit,of the physical protection system testing and. maintenance program, and an audit of commitments established for response by local law-enforcement authorities. The results and recommendations of the security program review, and any. actions taken,~must be documented in a report to'the

.i licensee's plant manager and to corporate management at'least one level higher.-

~

than that having responsibility for. the day-to-day plant operations. These reports must be maintained in an auditable. form, available for-inspection.for a period of 3 years.

(h) Continaency and response olans and' orocedures. -(1) The -licensee -

shalll establish, maintain, and follow an NRC-approved safeguards contingency.

plan 'for responding to threats, thefts, and radiological sabotage related to

~

~

- the strategic special nuclear material and nuclear facilities subject to the -

21 T

3

provisions of this section.. Safeguards. contingency plans must be in accordance with the criteria in Appendix C to this part, " Licensee Safeguards Contingency Plans." Contingency plans must include, but not limited to, the -

4 response requirements listed in paragraphs (h)(2) through (h)(5) of this.

section. The licensee shall retain the current safeguards contingency plan as a-record until the Commission terminates the license and, if any portion of-the plan is superseded, retain that superseded portion for 3 years after the effective date of change.

14.

In s 73.50, paragraphs (g)(1) and (h) are revised to read as -

follows:

9 73.50 Requirements for physical protection of licensed activities.

(g)

Response reauirement.

(1) The _ licensee shall establish, maintain, and follow an NRC-approved safeguards contingency plan for responding to threats, thefts, and radiological sabotage related to the special nuclear material and nuclear facilities subject' to the ' provisions of this section.

Safeguards contingency plans must be in accordance with the criteria in Appendix C to this part, " Licensee Safeguards Contingency Plans." The licensee shall retain the current safeguards contingency plad 'as a record until the Commission terminates the license and, if any portion of the plan is superseded, retain the superseded portion for 3 years after the effective date of the change.

(h)

Each licensee shall establish, maintain, and follow an NRC-approved 22

j

-l training and. qualifications plan outlining the processes by which' guards,

~

watchmen, armed: response persons, and other members _of the security organization will be selected, trained, equipped, tested, and-qualified to

- ensure that these individuals meet the requirements of paragraph (a)(4) of -

this section.

15.

In s 73.55, paragraphs (b)(4)(ii), (g)(4), and (h)(1) are revis'ed to read as follows:

9 73.55 Requirements for physical protection of licensed activities in nuclear power reactors against radiological sabotage.

(b)***

(4)***

(ii) Each licensee shall establish, maintain, and follow an NRC-approved -

training and qualifications plan outlining the processes by which guards,-

watchmen, armed response persons, and.other members of the security organization will be selected, trained, equipped,- tested, and qualified.to ensure that these individuals meet the requirements of this paragraph. The licensee shall maintain the current training and qualifications plan as a record until the Commission terminates the license for which the plan was developed and, if any portion of the plan is superseded, retain that superseded portion for 3 years after the effective date of the change. The-training and qualifications plan must include a schedule to'show how all security personnel will be qualified.2 years after the submitted plan is approved.

The training and qualifications plan-must be followed by the licensee 60 days after the submitted' plan'is approved by the NRC.

23

A A

t (9)

(4) The securf ty program must be reviewed at least every 12 months by individuals independent of both security program management and personnel who have direct responsibility for implementation of the security program. The security program review must include an audit of security procedures and practices, an evaluation of the effectiveness of the physical. protection system, an audit of the physical protection system testing and maintenance program, and an audit of commitments established for response by local law enforcement authorities. The results and recommendations of the security program review, management's findings on whether the security program is currently effective,. and any actions taken as a result of recommendations from-(

prior program reviews must be documented in a report to the licensee's plant manager and to corporate management at least one level higher than that having _

responsibility for the day-to-day plant operation. These reports must be maintained in an auditable form, available for inspection, for a period of 3 -

years.

(h)

Response reaujrement.

(1) The -licensee shall establish, maintain, and follow an NRC-approved safeguards contingency plan for responding to threats, thefts, and radiological sabotage related to the nuclear facilities subject to the provisions of this section.

Safeguards contingency plans must be in accordance with the criteria in Appendix C to.this part, " Licensee Safeguards Contingency Plans."

16. In s 73.60, the' introductory paragraph and paragraph -(e)L are 24

~

revised to read as follows:

-s 73.60 Additional requirements for the physical protection of special nuclear material at nonpower reactors.

Each nonpower reactor licensee who, pursuant to the requirements of Part 70, possesses at any site or contiguous sites subject to' control by the licensee uranium-235 (contained in uranium enriched to 20 percent or more in the U-235 isotope), uranium-233, or plutonium, alone or in any combination.in a quantity of 5000 grams or more computed by the formula, grams - (grams contained U-235) + 2.5 (grams U-233 + grams plutonium),

shall protect the special nuclear material from theft or diversion pursuant to the requirements of paragraphs 73.67(a), (b), (c), and (d), in addition to this section, except that a licensee is exempt from the requirements of paragraphs (a), (b), '(c),

(d), and (e) of this section to the extent that it possesses or uses special 1

nuclear material that is not readily separable-from other radioactive material and that has a total external radiation dose rate in excess of 100 rems per -

hour at a distance of. 3 feet from any accessible surface without intervening shielding.

(e)

Response reauirement.

Each licensee shall establish, maintain, and follow an NRC-approved safeguards. contingency plan for responding to threats, thefts, and radiological sabotage related.to the special nucTe'ar material. and nuclear facilities subject to the provisions:of this section.. Safeguards contingency plans must be in accordance,with the criteria in Appendix C-to this part, " Licensee Safeguards Contingency Plans."

25

d i

17.

In s 73.67, the introductory text of paragraphs (c), (d), and (f)'

and paragraph-(c)(2) are revised to read'as follows:

l 73.67 Licensee fixed site and in-transit-requirements for the. physical protection of special nuclear material of moderate and low strategic significance.

(c)

Each licensee who possesses, uses, transports, or delivers to a carrier for transport special nuclear material of moderate strategic ~ sig-nificance, or 10 kg or more of special nuclear material of low strategic significance shall:

(2) Within 30 days after the plan submitted pursuant to ' paragraph-(c)(1) of this section is approved, or when snecified by the NRC~in writing, implement the approved security. plan.

P (d)

Fixed site reouirements for special nuclear material of moderate strateoic sianificance.

Each licensee who possesses, stores, or uses quantities and types of special nuclear material of moderate strategic significance at a fixed site or contiguous sites, except as allowed by paragraph (b)(2) of this section and except those who are licensed to operate a-nuclear power reactor pursuant to Part 50, shall:

(f)

Fixed site reouirements for special nuclear material of low strateoic sianificance.

Each licensee who possesses, stores, or uses special nuclear material of low strategic significance at a fixed site or contiguous

- sites, except those who are licensed to operate a nuclear power reactor 26

i

. pursuant to Part 50, shall:

18. In 9 73.70, paragraph (c) is revised to read as follows:

s 73.70 Records.

(c) A register of visitors, vendors, and other individuals not employed-by the licensee pursuant to il 73.46(d)(13), 73.55(d)(6), or 73.60. The-licensee shall retain this register as a record, available for inspection, for-3 years after the last entry is made in the register.

19.

In Appendix B to Part 73, the Introduction is revised to read-as follows:

APPENDIX B TO PART 73 - GENERAL CRITERIA FOR SECURITY PERSONNEL Introduction Security personnel who are responsible for the protection-of special nuclear material on site or in transit and for'the' protection of the facility or shipment vehicle against radiological sabotage-should, lik,e, other elements of the physical security system, be required to meet minimum criteria to ensure that they will' effectively _ perform.their assigned security-related job duties.

In order to ensure that those. individuals responsible 'for security-

)

are properly equipped and qualified to execute the job. duties' prescribed for them, the.NRC has developed general criteria thatLspecify. security personnel l

27 1

qualification' requirements.

These general criteria establish requirements for the selection, training, equipping, testing, and qualification ~of. individuals who will be-responsible for protecting special nuclear materials, nuclear. facilities, and nuclear shipments.

When required to have security personnel that have been trained,

. equipped, and qualified to perform assigned security job duties in accordance with the criteria in this appendix, the licensee must establish, maintain, and follow a plan that shows how the criteria will be met. The plan must be submitted to the NRC for approval and must be implemented within 30 days after approval by the NRC unless otherwise specified by the NRC in writing.

20. In Appendix C to Part 73, the Introduction is revised'and a new section on Audit and Review is added to read as follows:

APPENDIX C TO PART 73 - LICENSEE SAFEGUARDS CONTINGENCY PLANS Introduction A licensee-safeguards contingency plan is a documented plan.to give guidance to licensee personnel in order to accomplish specific' defined objectives in the event of threats, thefts, or radiological sabotage relating-to special nuclear. material or nuclear facilities licensed under the Atomic Energy Act of 1954, as amended. An acceptable safeguards contingency pla'n must contain (1) a predetermined set of decisions and actions to satisfy-stated objectives, (2) an identification of the data, criteria, procedures, 28 r

Land mechanisms.necessary to efficiently implemert' the decisions, and (3) a

- stipulation of the-individual,. group, or organizational. entity responsible for each decision and action.

The goals of licensee safeguards contingency plans for responding to threats, thefts, and radiological sabotage are:

(1) to organize the response effort at the licensee level, (2) to provide predetermined, structured responses by licensees to safeguards contingencies, (3) to ensure the integration of the licensee response with the responses b'y other entities, and (4) to achieve a measurable performance in response capability.

Licensee safeguards contingency planning should result in organizing the licensee's resources in such a way that the participants will be identified, their several responsibilities specified, and the responses coordinated..The responses should be timely.

It is important to note that a licensee's safeguards contingency plan-is intended to be complementary to cny emergency plans developed pu'rsuant to Appendix E to-Part 50 or to 6 70.22(i) of this chapter.

Contents of the Plan Audit and Review At intervals not to exceed 12 months, the licensee shall provide for' a review of the safeguards contingency plan by. individuals independent of both

~

security program management and personnel who have direct responsibility.for-implementation of-the security program. The review must include.an audit of safeguards contingency. procedures and. practices, and an audit of. commitments-29-

established for response by local law enforcement' authorities.

The licensee shall document the results and the recommendations of the a

safeguards contingency plan review, management findings on whether the

~

safeguards contingency plan is currently effective, and any actions taken as a

.. L result of recommendations from prior reviews in a report to the licensee's plant manager and to corporate management at least one' level higher than that having responsibility for the day-to-day plant operation. The report must be maintained in an auditable far;:, available for inspection for a period of 3 years.

PART 75 -- SAFEGUARDS ON NUCLEAR MATERIAL - IMPLEMENTATION

i

)

0F US/IAEA AGREEMENT

21. The authority citation for Part 75 continues to' read as follows:

~

Authority: Secs.53,63,103,104,122,161,68 Stat.930;932,936',

937, 939, 948, as amended (42 U.S.C.-2073, 2093, 2133, 2134, 2152,-2201; sec. 201, 88 Stat. 1242 as amended, (42 U.S.C. 5841).- Section 75.4 also issued under secs. 135, 141, Pub. L.97-425, 96 Stat. 2232, 2241 (42 U.S.C. 10155, 10161).

J For purposes of sec. 223, 68 Stat. 958, as amended (42 U.S.C.'2273),

the provisions of this part are issued under sec. 1610, 68 St,at. 950, as amended (42 U.S.C. 2201(o)).

22.

In 9.75.4, paragraph -(f)(1) is revised to read as follows:

6 75.4 Definitions.

l 1

I l

30

.w (f)

" Effective Kiloaram" means' a unit used in safeguarding nuclear materi al. The-quantity is:

(1) - For special nuclear material: The amount specified~in s 70.4 of this' chapter.

Dated at Rockville, Maryland this day of 1992.

For the Nuclear Regulatory Commission'.

James H. Taylor, Executive Director for Operations.

4

• 9 6

31~

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1 DAILY STAFF NOTE T0 THE COMMISSION-0FFICE OF NUCLEAR REGULATORY RESEARCH Final Rule Sianed by EDO On

, 1992, the Executive Director for Operation (ED0)' approved a-final rule that would amend 10 CFR Parts 70, 72, 73, and 75, " Minor Amendments to the Physical Protection Requirements." The changes will:_

(1) supplement the definitions sections, (2) delete action dates.that no longer apply,. (3) correct outdated terms and cross references, (4) clarify. wording ~ that.is susceptible to. varying interpretations, (5) correct typographical. errors, and (6) make other minor changes.

This constitutes notice to the Commission that, in accordance with the rulemaking authority delegated to the EDO, the EDO has received this final rule and proposes to forward it on to the Office of the Federal Register for FR publication, unless otherwise directed by the Commission.

Date James H. Taylor, Executive Director for Operations.

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- Annroved for-Publication 4

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The Commission' delegated-to the EDO (10 CFR 1.31(a)(3) the authority to develop and promulgate rules as defined in the APA (5 U.S.C. 551 (4)) subject toothe limitations.in NRC Manual Chapter 0103, Organization and. Functions, Office of the Executive Directive for Operations, paragraphs 0213', 038, 039, and 0310.

The enclosed final rule entitled " Minor Amendments to the Physical Protection Requirements" amends 10 CFR Parts 70, 72, 73, and 75, to:

(1) supplement the definitions sections, (2) delete action dates that no longer apply, (3) correct outdated terms and cross references, (4) clarify wording that is susceptible to differing interpretations, (5) correct typographical errors, and (6) make other minor changes.

This final rule neither constitutes a significant' question of policy,' nor.

amends regulations contained in 10 CFR Parts 7, 8, or 9 Subpart C concerning

- matters of policy.

I therefore find that this rule is within the-scope of my rulemaking authority and am proceeding to issue it.

Date James M. Taylor, Executive Director.for Operations.

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. DOCUMENT. FILE NAME:

MA2.FRN.

Turel Disk 2 LONG DISPLAY:

Phys.Prt.Rqr/ Pts 70,72,73,75

. AUTHOR:

Stan Turel TYPIST:

JBogdan

' CREATED:

REVISED:

07/29/91 7/31/91 8/9/91' 8/12/91 TYPIST:

LCROSSLAND MMcGill MMcGill Crossland

. TIME:

11:00 A.M.

12:00 p.m.-

10:50 A.M. 11:00 a.m.

REVISED:

12/17/91 12/18/91 2/3.5,6,7,12,21,27/92 TYPIST:

STurel STurel LCrossland TIME:

9:15 am 1:28 pm 4:20 p.m.

3/10,16,24/92 4/7/92 6/25/92 7/1,2/92 LCrossland LCrossland STurel STurel 1:00 pm 10:40 am 9:25 am 3:32 pm EXCERPT:

NUCLEAR: REGULATORY COMMISSION 10 CFR PARTS 70, 72, 73, and 75 t

RIN: 3150-AD03 Minor Amendments to the Physical Protection Requirements AGENCY.: Nuclear Regulatory Commission.

- ACTION:

Final rule.

SUMMARY

The Nuclear Regulatory Commission _ (NRC):is amending its regulations; that cover the physical protection 'of special nuclear material. These amendments will (1) add definitions. for common terms not currently-defined but frequently used, -(2), delete action dates that no longer apply, ~ (3): correct outdated terms and cross references, (4) clarify wording that is susceptible-to differing interpretations,-(5) correct typographical errors, and (6) make

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'other minor. changes. The amendments are the result.of a systematic review of r

NRC's safeguards regulations..

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June 26, 1992 Jo g,j d Jfc n he yo u 4'fic e M MEMORANDUM FOR:

Dr. Bill M. Morris, Director Division of Regulatory Applications Office of Nuclear Regulatory Research j

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Brian K. Grimes, Director Division of Reactor Inspection

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SUBJECT:

CHANGES TO PHYSICAL PROTECTION REQUIREMENTS MINOR AMENDMENTS RULE PACKAGE At a meeting ' held in Jim Sniezek's office on June 2, 1992, it was decided to re-evaluate a proposal in the subject rulemaking package that would restore an inadvertently omitted sentence in 73.55 (d), " Access Requirements." There were a number of questions raised as to what the sentence was trying to accomplish. We have re-evaluated this matter and recommend that the sentence not be reinserted. We consider the primary concern with the sentence being omitted (i.e., a signal to licensees that vital areas could be ' opened up' to the public) can best be addressed by inclusion of revised wording to the statements of consideration. Enclosed is our proposal for changes to'the rulemaking package to implement this approach.

'I VBrian Grimes, Director Division of Reactet Inspection and Safeguards l

Office of Nuclear Reactor Regulation l

Enclosure:

Proposed Changes to Rulemaking Package 070if00][ fh-

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(yn % d M 4WTA3 regulations covering security requirements for the specific class of licensee (i.e., il 73.20, 73.25, 73.26, 73.40, 73.46, 73.55, 73.60).

2.

To avoid possible confusion, definitions of the commonly used tems

~

Category I, Category II, and Category III have been added to the definitions sections of 10 CFR P, arts 70 and 73.

A formula quantity of strategic special nuclear material is sometimes referred to as a Category I quantity of material; special nuclear material of moderate strategic significance is sometimes referred to as a Category II quantity of material; and special nuclear material of low strategic significance,is sometimes referred to as a Category III quantity of material.

The current regulations do not include these c'ategory designations,'although

'they are sometimes used.

3.

Inconsistencies among the genera'l auditing requirements have been removed for the' safeguards contingency plans and physical security programs of transportation-and fuel cycle ' licensees who possess Category I material.

Inconsistencies in both the content of the audits and resultant follow-up actions have been eliminated. The record retention period for results of _

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a these audits is being made consistent at 3 years.

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. An in dvertently'omitted sentence that ddresses access to vital

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1.73.55 d)(7) to e ure that are s at pow reactors as been

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no errone s views are eld by 1,4censees tha the delet, on of the entence7as

'a ' sign that vit areas e ld be 'oper d up" to ublic s tseeingt,00rs' or.

• enhousevipts'withutclose11 nsee over ight. Lipensees are.-

cu rently requ dd by 73 5(d)(7)(

to have an' access aat orizatio ystem.

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/to limit unescorted access to vital' areas during nonemepjency condttions to

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individuals who require access-in order to perfom their duties,./Moreover, 3

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the'spe fic wording that w reinserted w contained n 10 CF art 7 for a num r of year precedin 1986. Corre ing this i dverten omissi does not gnal any c ange in.0 mission po cy or prac ce in this regard, t/ g. A definition for the tem " contiguous sites" has been added to 10 CFR Parts 70 and 73.

In the final definition, the words ".. means locations subject to the control of a licensee...." have been gramatically. changed to read *...means licensee controlled locations,...."

In addition, the words

...and for the possession, use, or storage of sr; nuclear material..."-

have been deleted from the definition since they ger.;

'ly appear in the introducto'ry language of applicable regulations. Action datt! that have passed have been eliminated. The outdated te

" industrial sabotage" has been replaced by the current term " radiological sabotage."

Incorrect references to parts of the regulations that have been moved or deleted have been corrected.

Paragraph designations in references, in other parts of the regulations, to definitions in i 70.4 have been removed because those~ designations were deleted in an amendment published in the Federal Register on April 28, 1989 (54 FR 14051). Several areas in the regulations have been clarified where the wording was susceptible to differing interpretations. The notification

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requirement for changes to the safeguards contingency plan that do not decrease the plan's effectiveness has been revised to require that the original be sent to the HRC headquarters office with a copy to the regional office, instead of vice versa. Finally, several typographical errors have been corrected.

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SUMMARY

OF PUBLIC COMMENTS i

Three letters of coment were received: two from nuclear power. plant licensees and one from NUMARC, an umbrella organization of the nuclear power industry whose membership includes every utility responsible for constructing or operating a comercial nuclear power plant in the United States. Copies of coment letters are available for public inspection and copying for a fee at the NRC Public Document Room at 2120 L Street NW. (Lower Level), Washington, DC.

i All three comenters a dr ssed only the amendment th would i

vinaiivertently omitted3ntence)je i 73.55 (d),' Access Requiremen[sA It k&b

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reads:

' Access to vital areas for the purpose of general familiarization and other nonwork-related activities may not be authorized except for good c.tuse shown to the licensee." This sentence follows the requirement in i 73.55

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(d)(7)(1) that the licensee " Establish an access authorizat' ion' system to limit' unescorted access to vital areas during non-emergency conditions to [j.

individuals who require access in order to perform their duties."

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The first comenter stated that the restrictions [ presumably made N

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explicit by the insertid sentence] should be withdrawn to allow tours with the {

r j provision of ap priate security measures to ens'ure plant. safety... and that

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'This change would limit access to nucleardiant vital areas even when under i

escort."

ith regard to this comen).

tem 5 of the Supplementary Information published with the proposed rule / stated that the inadvertent omissio of the

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subject sentence should no,t te construed as a "' signal' that41 al areas could be ' opened up' to 'publib sightseeing tours' or 'open ho6'se visits'

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twithout close licensee oversicht' [ emphasis added).' The re-insertion of this

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7go; Insert The first commenter stated that restrictions [ presumably made expl'icit by the inserted sentence] should be withdrawn to allow tours with the provision of appropriate security measures to ensure plant safety and that "This change

-would limit access to nuclear plant vital areas even when under escort."

Another commenter asserted that the inserted sentence "needs clarification" but did not specify what additional clarification was required. The third commenter stated that it would be beneficial if a definition of " good cause"~

were provided by the Commission in the rule and if additional guidance ware provided as to what constitutes nonwork-related activities.

The NRC agrees that the subject sentence is not clear, particularly with respect to how it applies to escorted persons, and has decided to not reinsert the sentence. As stated in item 5 of the Supplementary Information published with the proposed rule, the NRC was concerned that the inadvertent omission of the sentence would be construed as a "' signal

• that vital areas could be

' opened up' to 'public sightseeing tours

• or 'open house visits

• without close licensee oversight." The NRC continues to be concerned about unnecessary escorted personnel traffic in vital areas, especially the control room, but considers that licensee security plans generally provide an adequate basis for control of such practice. The NRC concludes that licensee security plans, in implementing 10 CFR 73.55(d)(7), would not permit licensees to grant access to persons, either unescorted or escorted, who have no legitimate purpose for such access and that prior to granting escorted access licensees would consider escort to visitor ratios and other controls. Means of achieving the purpose of the visit without entering vital areas would be considered such as touring the control room simulator rather than the control room.

Examples of -

legitimate small tours, which might include brief access' to vital areas, could include government officials, press or local science teachers.

In summary, visitors should not be permitted access to vital. areas at operating sites unless there is a good reason and with due consideration for plant and personnel safety and radiological concerns.

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" [ requirement is to deter. indiscriminate wide-spread lpublic tours of vitalf '

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' areas..-It-does not eclude a licensee from conducting public to lwhen

~ deemed appropr e, if-close supervisi over established s ty and

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j 1 safeguards ~ ontrols is maintained I\\

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e second comenter as rted.that the ins ed sentence'.*needs

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al clarification was required. 3 ;

r specify what addi o

clarification' but did no

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With regard to this c nt, further on-

.the-supplementary info dion'to 1

the proposed rule he NRC notes th

' Licensees lare assigne e;

responsibility or making final tal area access decisi s in accordance with

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'the past pr tices and prov ons under the approv ecurity plans." The NRC

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! believes hat the senten is sufficiently clear 4..

he' third comm ter stated that it wo d be beneficial if-a defin ion q

ssion in the' rule and i dditional I

q goodcause*yereprovidedbytheCo

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o utdance wer, provided as to what co titutes nonwork-relate' ctivities..

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In this gard, the NRC believes at " good cause".and

• nwork-related j.

l acti' tes' are not new terms ndfdo not require def ition,;having prev usly-q n

a eared in i 73.55 before he' sentence'was inad rtently ; dropped.1 Therefore, no changes h3 e been made to'the' endments in res e to public-

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coment.

.x Environmental Impact:- Categorical Exclusion o

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1 The NRC has determined that this final rule is the type of action

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described in.'the categorical exclusion in 10 CFR 51.22(c)(2)..Therefore,

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neither an environmental impact statenent nor an environmental' assessment has.

been prepared for'this regulation.

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• • • e JUN 111991 MEMORANDUM FOR: Eric S. Beckjord, Director Office of Nuclear Regulatory Research FROM:

Patricia G. itor.y, Director Office of'Acmi.istration

SUBJECT:

FIllAL RULE ENTITLED " Mill 0R AMENDHENTS TO THE PHYSICAL PROTECTION REQUIREMENTS" TheOfficeofAdministration(ADM)concurssinthefinalrulethatpresents-minor amendments to the physical-protection requirements. We have enclosed-a marked copy of the final rule that presents.our comments.

In order to assist you in preparing the list of documents centrally! relevant-to this final rule that-is required by NRC's regulatory history procedures, you should place the designatc" "AD03-2" in the upper right-hand corner of each document concerni_ng the rule that you forward to the Nuclear Document System.

We have forwarded a copy of the final rule to the'Information and Records Management Branch, IRM, for their ~connent or concurrence concerning the

'paperwerk management aspects of this rulemaking action.

If you have any questions concerning this matter, please have a member of.your staff contact Alice Katoski:(extension-27928) or Michael T. Lesar, Regulatory Publications Branch, ADM (extension 27758).

Pa Director.

' Office of. Administration

Enclosure:

As stated t

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' MEMORANDUM FOR:

Eric S. Beckford, Director Office for Nuclear Regulatory Research FROM:

Edward L. Jordan, Chairman Committee to' Review Generic Requirements

SUBJECT:

FINAL RULE ON MINOR AMENDMEffTS TO PHYSICAL PROTECTION Your memorandum of December 23, 1991 expressed the view that the subject rulemaking does not warrant full CRGR review. You indicated that, with one possible exception, the amendments merely add definitions for common terms, j

correct out dated terms and clarify wording that is susceptible to differing l

interpretations. The possible exception involved restoring in 73.55(d)(7)(1) l of a sentence that had been inadvertently omitted during a previous amendment.

A backfit analysis for that sentence was included in the. proposed rule which was published for comment.

l Dennis A111sion of the CRGR staff reviewed the proposed amendment and discussed it with Stanley Turel of RES. As discussed in the package, the restoration of the sentence does not change requirements because, when the l

sentence was deleted, the requirements remained in force by virtue of a more l

general preceeding sentence that was never deleted. The sentence being restored is the same one as was originally in the rule. The statement of I

considerations clearly states how it will-be interpreted.

The package was circulated to CRGR members on a negative consent basis. Based i

on your representations and reviews described above, and in accordance.with the CRGR Charter, no further CRGR review is necessary.

Edward'L Jordan, Chairman l

Commi e to Review Generic Reg rements ll

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. a.;.J MEMORANDUM FOR:

Eric S.-Beckjord, Director Office for Nuclear Regulatory Research FROM:

Edward L., lordan, Chairman.

r Committee to Review Generic ~ Requirements

SUBJECT:

FINAL RULE ON MINOR AMENDMENTS TO PHYSICAL PROTECTION'

~

- Your memorandum of December 23,19:" expressed the view that the subject.-

rulemaking does not warrant full CRGR. review..You indicated that, with'one.

.possible exception, the amendments merely add definitions for common terms,H correct out dated terms and clarify wording that 21s~ susceptible.to differing'.

interpretations. The.possible exception involved restoring'in 73.55(d)(7)(1)L of a sentence that had been inadvertently omitted during a previous amendment.

A backff t analysis for that sentence was included in the. proposed rule which:

was.. published for comment.

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Dennis 1111sion of the CRGR. staff reviewed the. proposed: amendment:and discussea it with Stanley Turel-of RES. As discussed.in the. package,ithe restorr.cion 'of.the sentence does not change requirements because,L when' the Lsentence'was deleted, the requirements remained:in force by virtue of a more.

p-Lgeneral preceeding sentence that.was never. deleted. The sentence being restored.is the same one as was originally in the; rule.- The. statement of considerations clearly states how:it will be _ interpreted.

The package was circulated to CRGR members on a negative consent basis. ' Based on your representations and reviews' described:above,fand in accordance with.

the CRGR Charter, no further CRGR-review is necessary.

J II

)' W Edward L 4ordanJChairman-Commi e to Review Generic Req remei.ts q

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MEMORANDUM FOR: Eric Beckjord, Director Office of Nuclear Regulatory Research FROM:

Frank P. Gillespie, Director Program Management, Policy Development, and Analysis Staff Office of Nuclear Reactor Regulation

SUBJECT:

0FFICE CONCURRENCE - FINAL RULEMAKING'

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'The Office of Nuclear Reactor Regulation concurs in the final rulemaking 3

for " Minor Amendments to the Physical Protection Requirements" (RIN:3150-AD03)

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subject to the penned changes noted on the enclosed.rulemaking package. The l

l Regulatory Analysis and Backfit Analysis in the proposed package is based on the conclusion that changes to the regulations would have no significant impact on power reactor licensees. We request that this conclusion, which we_

-l support, be brought to the attention of the Committee for Review of Generic-l Requirements (CRGR) staff for concurrence and/or waiver. --Any questions-regarding the penned changes should be referred to Phillip McKee (x20933).or Donald Carlson (x23213).

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Frank F. Gli es k Director.

P,rogram Management, Policy Development, 3and Analysis Staff Office of Nuclear Reactor-Regulation

Enclosure:

As stated cc w/ enclosure:

J. Conrad, AE0D i

Olc,it 1:4.-

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'o UNITE D STATES

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MEMORANDUM FOR:

Eric S. Beckjord, Director Office of Nuclear Regulatory Research FROM:

Robert M. Bernero, Director Office of Nuclear Material Safety and Safeguards

SUBJECT:

Os. ICE CONCURRENCE - FINAL RULEMAKING This office has reviewed the final rulemaking package entitled " Minor Amendments to the Physical Protection Requirements." Editorial-and substantive comments are noted on the enclosed package. Our concurrence is contingent upon incorporation of the substantive comments and the presumption that RES has-Written confirmation from the Comittee to Review Generic Requirements that this final rule does not have to be reviewed for backfit implications. HMSS

. contact is Priscilla A. Dwyer, SGTR, x20478. ?

7 Ro rt M.

er[1ero, Director c/ Offi of Nuclear Material. Safety and afeguards.

Enclosure:

As stated cc:

E. Jordan, AE0D i

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