ML20045E155
| ML20045E155 | |
| Person / Time | |
|---|---|
| Issue date: | 12/05/1990 |
| From: | Sherr T NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| To: | Bahadur S NRC OFFICE OF NUCLEAR REGULATORY RESEARCH (RES) |
| Shared Package | |
| ML20044B465 | List: |
| References | |
| FRN-57FR33426, RULE-PR-70, RULE-PR-72, RULE-PR-73, RULE-PR-75 AD03-02-04, AD3-2-4, NUDOCS 9307010188 | |
| Download: ML20045E155 (6) | |
Text
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. UNITED STATES J
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. NUCLEAR REGULATORY COMMISSION ph
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. DEC' 0 51990 t
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MEMORANDUM FOR:
. Sher Bahadur, Chief j.;
Division of. Regulatory Applications, RES Regulatory Development Branch o.
'FROM:
. Theodore S. Sherr,' Chief' Domestic Safeguards Branch' L
Division:of-Safeguards i
and Transpr:-tation, NMSS
SUBJECT:
THE MINOR AMENDMEllTS RULEMAKING We have reviewed the subject.rulemaking and concur on-those portions..
affecting the Office of Nuclear Material Safety and Safeguards subject to the minor editorial revisions noted on pp. 4, 7,~11, 19, and -22 (see enclosure).
On the basis of your memorandum of November 29,:1990,.we understand'that you will now prepare the package for office concurrence. As reflected in your draft memorandum to the EDO,'NRR concurrence.will'be necessary since some of the amendments affect them.
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Theodore S. Sherr,-Chiefc Domestic. Safeguards _: Branch Division of Safeguards.
and~ Transportation, NMSS'
Enclosure:
As stated 9307010108 930512 PDR PR 170:57FR33426b.PDR-
A.
An inadvertently omitted sentence that addresses access-to vital-areas at power reactors is being reinserted into paragraph 73.55(d)(7) to' ensure that no erroneous views ~are held by licensees that the deletion of the sentence was a " signal" that vital areas could be " opened up" to "public sightseeing tours" or "open house visits" without close licensee oversight. This language is already reflected in the security plans of most licensees, and it was contained in 10 CFR Part 73 for a number of years preceding 1986. Correcting this inadvertent omission does not signal any change in Commission policy or past practices in this regard.
j Licensees are assigned the responsibility for making final decisions on -
1 vital area access in accordance with past practices and provisions of the j
approved security plans.
1 i
5.
The remainder of the changes are of a very minor nature. A I
definition for the term " contiguous sites" is added to 10 CFR Parts 70 and 73. This term has been refined for clarity from its definition presented in the proposed rule.
In the final definition, the word
" contractor"hasbegnedeletedfromthephase."...glicenseeorcontractor X
.l security measures... " because, in this instance, a contractor's measures are considered to be a licensee's measures. Action dates that have passed are eliminated. The outdated term " industrial sabotage" is changed.to the current term " radiological sabotage." References to parts of the i
regulations that have been moved or deleted are corrected. Paragraph designations in references in other parts of the regulations to definitions in s70.4 are removed because those designations were deleted in an amendment published in the Federal Register on April 28, 1989 (54 FR14051). Several areas in the regulations are clarified where the 4
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"nonwork-related activities" are not new terms, having already been addressed by licensee past practices and the provisions of the approved security plan, respectively, and that the restoration of this sentence in no way changes the status quo.
Indeed, this restoration serves only to correct'an inadvertent error, which, if left uncorrected,'_could raise questions as to whether licensees are assigned the responsibility for making final' decisions vital area access. With the restoration of this ser,tence, NRC believes that the -ambiguity and uncertainty in the interpretationofthe' abridged' paragraph 73.55(d)(7)(1)islaidto rest and that the rights of licensees in this matter are identified and acknowledged, subject only to past practices and the individual security plan, as noted. Therefore, the restoration of this sentence is restored as proposed.
Environmental Impact: Categorical Exclusion The NRC has determined that'this final rule is.the type of action described in the categorical exclusion in paragraph.51.22(c)(2) of 10 CFR Part 51. Therefore, neither an environmental impact statement nor an
-i 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 of Management and Budget approval number 3150-0009 for Part 70, 7
(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 $6 70.5, 70.9, 70.20b (d) and (c), 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 and revising the definition of
" Formula quantity," paragraph (2) of the definition " Plutonium processing and fuel fabrication plant," the introductory text of the definition "Special nuclear material of moderate strategic significance," and the introductory text and paragraph (1) of the definition "Special nuclear material of low strategic significance" to read as follows:
5 70.4 Definitions.
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" Contiguous sites" means loc ions subject to control of a licensee h in close proximity to each other for the possession, use, or storage of.
K special nuclear material where the licensee's same security measures or organizational elements, including the alarm station and response personnel, are used to provide the capabilities necessary to satisfy ite.
applicable security requirements.
" Formula quantity" (in unirradiated form this class of material is sometimes referred to as a Category I quantity of material) means strategic special nuclear material in any combination in a quantity of 11
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" Formula quantity," the introductory text of the definition "Special nuclear material of low strategic significance," and the introductory text of the definition "Special nuclear material of moderate strategic-significance" to read as follows:
$ 73.2 Definitions.
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" Contiguous sites" means locations subject to control of a licenseej
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in close proximity to each other for the possession, use, or storage-of:
A special nuclect material where the licensee's same security measures or organizational elements, including the alarm station and response I
X' personnel, are used to provide the capabilities necessary to satisfyM+ie applicable security requirements.
" Formula quantity" (in unirradiated form this class of material is sometimes referred to as a Category. I quantity of material) 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).
"Special nuclear material of low strategic significance" (in.
unirradiated form this class of material is sometimes referred to as a Category III quantity of material) means:
"Special nuclear material of moderate strategic significance" (in unirradiated form this class of material is sometimes referred to as a Category _ II quantity of material) means:
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(6) The security program must be reviewed at least. every 12 months-by individuals' independent of both security. program management _and=
person-ne who have direct responsibility for implementation of the K
security ~ program. The review'must include a review and audit of security.
ed-u and practices, an evaluation of the effectiveness of the-Q physical protection system, an audit of the physical protection system!
l testing and maintenance program, and an audit of commitments established for response by local law enforcement authorities. The results of the l
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review, audit, and evaluation along with recommendations for improvements-and corrections, if any, must be documented and reported to the d
i licensee's plant management and to corporate management at least one level higher than that having responsibility for the day-to-day-plant operations. The reports must be kept available at the plant'for inspection for a period of three years.
(h) Contingency and response plans and procedures.
(1)- The licensee shall establish, maintain, and follow an NRC-approved safeguards j
contingency plan for dealing with threats, thefts, and radiological' I
sabotage related to the strategic 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,
" Licensee Safeguards Contingency Plans," to this part. Contingency plans must include, but not be limited to, the response requirements in para-graphs (h)(2) through (h)(5) of this section. The licensee shall retain a copy of the current safeguards contingency plan as a record until the-Commission terminates the license and, if any portion of the plan is 22
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