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
PUBLIC SUBMISSION As of: 2/19/20 2:29 PM Received: February 13, 2020 Status: Pending_Post Tracking No. k6l-4nzw-j38t Comments Due: February 18, 2020 Submission Type: Web 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 Page 1 of 1 02/19/2020 https://www.fdms.gov/fdms/getcontent?objectId=090000648436722f&format=xml&showorig=false SUNSI Review Complete Template = ADM-013 E-RIDS=ADM-03 ADD: Paul Goldberg, Adelaide Giantelli, Paul Michalak, Gina Davis COMMENT (1)
PUBLICATION DATE:
11/14/2019 CITATION 84 FR 64113
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 Q2: What actions should I take if a reinvestigations is not completed within 10 years of the date on which the fingerprinting and FBI identification and criminal history records check were last completed for an individual granted unescorted access to Category 1 or Category 2 quantities of radioactive material?
A2: If a reinvestigations is not complete within 10 years of the date on which the fingerprinting and FBI identification and criminal history records check were last complete, the individual no longer meets the access authorization requirements. In accordance with 10 CFR 37.23(e)(5),
the licensee must remove the individual from the approved access authorization list as soon as possible, but no later than 7 working days, and take prompt measures to ensure that the individual is unable to have unescorted access to the radioactive material until the reinvestigation is completed.
The word reinvestigations in line 17 and 21 should be changed to reinvestigation.
§ 37.25(c), Reinvestigations Q2: What actions should I take if a reinvestigation is not completed within 10 years of the date on which the fingerprinting and FBI identification and criminal history records check were last completed for an individual granted unescorted access to Category 1 or Category 2 quantities of radioactive material?
A2: If a reinvestigation is not complete within 10 years of the date on which the fingerprinting and FBI identification and criminal history records check were last complete, the individual no longer meets the access authorization requirements.
In accordance with 10 CFR 37.23(e)(5), the licensee must remove the individual from the approved access authorization list as soon as possible, but no later than 7 working days, and take prompt measures to ensure that the individual is unable to have unescorted access to the radioactive material until the reinvestigation is completed.
§ 37.27(c), Procedures for Processing of Fingerprint Checks A4:
No. Licensees cannot use cards from other sources A period needs to be added at the end of A4 sentence (line 19).
A4:
No. Licensees cannot use cards from other sources.
§ 37.29(b), A2, Line 33 Entry, NEXUS, Secure Electronic Network for Travelers Rapid Inspetion (SENTRI), and Misspelled word in line 33.
Change inspetion to inspection
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 Authorization Program Review Q2:
How do I ensure that I will meet the requirement to review the access authorization program 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 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.
The answers to Question 2 of these similar sections are inconsistent. This revision deleted the words of year, not to exceed 12 months at the end of the sentence in A2 of §37.33.
These words were not deleted in A2 of §37.55. Both answers should be consistent.
Change §37.55(a)(b)(c), A2 to match wording in §37.33(a)(b)(c),
A2.
§37.53, (Requirements for Mobile Devices, (a)
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 There are two number 4 questions and answers in this section.
Re-sequence the numbering.
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 Review 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.
The word requirements in A4, line 24, is misspelled.
Change requirments to requirements.
§ 37.5, Definitions Telemetric position monitoring system means a data transfer system that captures information by instrumentation and/or measuring devices about the location and 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?
These sections are duplicative. § 37.79(b) provides more information than the definition in
§ 37.5.
Reword Q2 of § 37.79(b) as follows.
Q2:
What is the purpose of 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