ML20054B293
| ML20054B293 | |
| Person / Time | |
|---|---|
| Site: | Nuclear Energy Institute |
| Issue date: | 02/13/2020 |
| From: | Gross W Nuclear Energy Institute |
| To: | Office of Administration |
| References | |
| 84FR64113 00001, NRC-2018-0170 | |
| Download: ML20054B293 (8) | |
Text
Page 1 of 1 SUNSI Review Complete Template = ADM-013 E-RIDS=ADM-03 As of: 2/19/20 2:29 PM ADD: Paul Goldberg, Received: February 13, 2020 Adelaide Giantelli, Paul Status: Pending_Post PUBLIC SUBMISSION Michalak, Gina Davis Tracking No. k6l-4nzw-j38t COMMENT (1) Comments Due: February 18, 2020 PUBLICATION DATE:
Submission Type: Web 11/14/2019 CITATION 84 FR 64113 Docket: NRC-2018-0170 NUREG-2155, Revision 2, Implementation Guidance for 10 CFR Part 37, Physical Protection of Category 1 and Category 2 Quantities of Radioactive Material" Comment On: NRC-2018-0170-0001 Guidance for Implementation of Physical Protection of Category 1 and Category 2 Quantities of Radioactive Material Document: NRC-2018-0170-DRAFT-0001 Comment on FR Doc # 2019-25163 Submitter Information Email: kme@nei.org Organization: Nuclear Energy Institute General Comment Industry Comments on Draft NUREG-2155, Revision 2, Implementation Guidance for 10 CFR Part 37, Physical Protection of Category 1 and Category 2 Quantities of Radioactive Material, Docket ID NRC-2018
-0170 Attachments 02-13-20_Industry Comments on NRC - NUREG 2155 Rev 2 https://www.fdms.gov/fdms/getcontent?objectId=090000648436722f&format=xml&showorig=false 02/19/2020
WILLIAM R. GROSS Director, Incident Preparedness Facility Security Officer 1201 F Street NW, Suite 1100 Washington, DC 20004 P: 202.739.8123 wrg@nei.org nei.org February 13, 2020 Office of Administration U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 ATTN: Program Management, Announcements and Editing Staff Submitted via Regulations.gov
Subject:
Industry Comments on Draft NUREG-2155, Revision 2, Implementation Guidance for 10 CFR Part 37, Physical Protection of Category 1 and Category 2 Quantities of Radioactive Material, Docket ID NRC-2018-0170 Project Number: 689 On behalf of the Nuclear Energy Institutes (NEI)1 members (hereinafter referred to as industry), we provide the attached comments on draft NUREG-2155, Implementation Guidance for 10 CFR Part 37, Physical Protection of Category 1 and Category 2 Quantities of Radioactive Material, as requested in the Federal Register, Volume 84, Number 224, dated November 20, 2019, for consideration by the NRC staff.
The changes to the NUREG include revisions to questions and answers and guidance related to general provisions in the rule, background investigations and access authorization programs, and physical protection requirements during use and in transit. The bulk of the changes appear to be editorial. Some existing questions and answers were revised, and additional questions and answers were added, to provide clarity.
NEI continues to support the petition for rulemaking we submitted on June 12, 2014. That petition requests the NRC amend regulations to remove unnecessary and burdensome requirements on licensees with established physical security programs.
1 The Nuclear Energy Institute (NEI) is responsible for establishing unified policy on behalf of its members relating to matters affecting the nuclear energy industry, including the regulatory aspects of generic operational and technical issues. NEIs members include entities licensed to operate commercial nuclear power plants in the United States, nuclear plant designers, major architect and engineering firms, fuel cycle facilities, nuclear materials licensees, and other organizations involved in the nuclear energy industry.
Program Management, Announcements and Editing Staff February 13, 2020 Page 2 If you have any questions or require additional information, please contact Richard Mogavero, at (202) 739-8174 or rm@nei.org, or me.
Sincerely, William R. Gross
Attachment:
Industry Comments on Draft NUREG 2155, Revision 2, Implementation Guidance for 10 CFR Part 37, Physical Protection of Category 1 and Category 2 Quantities of Radioactive Material c: Michael Layton, Director, MSST NRC Document Control Desk
Industry Comments on Draft NUREG 2155, Revision 2, Implementation Guidance for 10 CFR Part 37, Physical Protection of Category 1 and Category 2 Quantities of Radioactive Material NUREG Language Comments Suggested Wording/Revision
§ 37.25(c), Reinvestigations The word reinvestigations in § 37.25(c), Reinvestigations line 17 and 21 should be Q2: What actions should I take if a changed to reinvestigation. Q2: What actions should I take if a reinvestigations is not completed reinvestigation is not completed within 10 years of the date on which within 10 years of the date on which the fingerprinting and FBI the fingerprinting and FBI identification and criminal history identification and criminal history records check were last completed for records check were last completed an individual granted unescorted for an individual granted unescorted access to Category 1 or Category 2 access to Category 1 or Category 2 quantities of radioactive material? quantities of radioactive material?
A2: If a reinvestigations is not A2: If a reinvestigation is not complete within 10 years of the date complete within 10 years of the date on which the fingerprinting and FBI on which the fingerprinting and FBI identification and criminal history identification and criminal history records check were last complete, the records check were last complete, individual no longer meets the access the individual no longer meets the authorization requirements. In access authorization requirements.
accordance with 10 CFR 37.23(e)(5), In accordance with 10 CFR the licensee must remove the 37.23(e)(5), the licensee must individual from the approved access remove the individual from the authorization list as soon as possible, approved access authorization list as but no later than 7 working days, and soon as possible, but no later than 7 take prompt measures to ensure that working days, and take prompt the individual is unable to have measures to ensure that the unescorted access to the radioactive individual is unable to have material until the reinvestigation is unescorted access to the radioactive completed. material until the reinvestigation is completed.
§ 37.27(c), Procedures for A period needs to be added at A4: No. Licensees cannot use Processing of Fingerprint the end of A4 sentence (line cards from other sources.
Checks 19).
A4: No. Licensees cannot use cards from other sources
§ 37.29(b), A2, Line 33 Misspelled word in line 33. Change inspetion to inspection Entry, NEXUS, Secure Electronic Network for Travelers Rapid Inspetion (SENTRI), and
Industry Comments on Draft NUREG 2155, Revision 2, Implementation Guidance for 10 CFR Part 37, Physical Protection of Category 1 and Category 2 Quantities of Radioactive Material NUREG Language Comments Suggested Wording/Revision
§37.33(a)(b)(c), Access The answers to Question 2 of Change §37.55(a)(b)(c), A2 to Authorization Program Review these similar sections are match wording in §37.33(a)(b)(c),
inconsistent. This revision A2.
Q2: How do I ensure that I will deleted the words of year, not meet the requirement to review the access authorization program at to exceed 12 months at the end least annually? of the sentence in A2 of §37.33.
These words were not deleted in A2: Recognizing that some A2 of §37.55. Both answers demands on a licensees time and should be consistent.
resources are beyond its control, the NRC will consider that the licensee is conducting a program review at least annually if it conducts such a review each year at about the same time.
§37.55(a)(b)(c), Security Program Review Q2: What does the NRC mean by its requirement to review the security program content and implementation at least annually?
A2: Recognizing that some demands on a licensees time and resources are beyond its control, the NRC will consider that the licensee is conducting a program review at least annually if it conducts the review each year at about the same time of year. The licensee will comply if it reviews its program at regular intervals not to exceed 12 months.
§37.53, (Requirements for There are two number 4 Re-sequence the numbering.
Mobile Devices, (a) questions and answers in this section.
Q4: If I have a Category 2 or higher mobile device, are the physical protection requirements in 10 CFR 37.53 the only ones that I
Industry Comments on Draft NUREG 2155, Revision 2, Implementation Guidance for 10 CFR Part 37, Physical Protection of Category 1 and Category 2 Quantities of Radioactive Material NUREG Language Comments Suggested Wording/Revision am required to implement?
A4: No. Licensees must implement all physical protection requirements in 10 CFR Part 37, Subpart C. The requirements in 10 CFR 37.53 are in addition to the other physical protection requirements in Subpart C.
Q4: If mobile devices are stored in one room, does that mean the licensee has an aggregated quantity of radioactive materials?
A4: The regulation provides that licensees must consider radioactive materials aggregated if:
- Their total quantity at a single location equals or exceeds a Category 2 quantity using the sum-of-fractions method (see the Q&As on the definition of aggregated in 32 10 CFR 37.5); and
- Breaching a common physical security barrier (e.g., a locked door at the entrance to a 34 storage room) would allow access to the radioactive material or devices that contain the radioactive material (see the Q&As on physical barriers in 10 CFR 37.47).
For example, if the licensee stores several mobile deviceseach of which is below the Category 2 quantity thresholdin one room without any physical barriers between them, these devices would be considered aggregated if their combined activity equaled or exceeded the Category 2 threshold.
Industry Comments on Draft NUREG 2155, Revision 2, Implementation Guidance for 10 CFR Part 37, Physical Protection of Category 1 and Category 2 Quantities of Radioactive Material NUREG Language Comments Suggested Wording/Revision
§ 37.55, Security Program The word requirements in A4, Change requirments to Review line 24, is misspelled. requirements.
Q4: Can a licensee conduct their annual security program review at the same time as the annual audit of their radiation safety program, and if so, can the review and audit be documented together?
A4: A licensee may conduct their annual security program review at the same time they conduct the annual audit of their radiation safety program, and may document both the review and audit together, if they choose to do so. Regardless of the timing and documentation of the security program review, in accordance with the requirments in 10 CFR 37.55, it should be clear that the security program review includes a review of the radioactive material security program content and implementation, and the documentation should reflect the review along with any recommendations.
§ 37.5, Definitions These sections are duplicative. § Reword Q2 of § 37.79(b) as Telemetric position monitoring 37.79(b) provides more follows.
system means a data transfer information than the definition in system that captures information by § 37.5. Q2: What is the purpose of a instrumentation and/or measuring telemetric position monitoring devices about the location and system?
status of a transport vehicle or package between the departure and destination locations.
§ 37.79(b) Shipment by Rail Q2: What is a telemetric position monitoring system?
Industry Comments on Draft NUREG 2155, Revision 2, Implementation Guidance for 10 CFR Part 37, Physical Protection of Category 1 and Category 2 Quantities of Radioactive Material NUREG Language Comments Suggested Wording/Revision A2: A telemetric position monitoring system is a data transfer system that captures, by instrumentation or by other measuring devices, information about the location and status of a shipment (i.e., transport vehicle or package) between the departure and destination locations. The gathering of this information permits the remote monitoring and reporting of the location of a transport vehicle or package. Systems that use radiofrequency identification or satellite-based global positioning technologies are examples of telemetric position monitoring systems