ML20126E136

Forwards Petition for Rulemaking Re Physical Searches & Memorandum in Support of Proposed Rulemaking

ML20126E136
Person / Time
Site:	Big Rock Point File:Consumers Energy icon.png
Issue date:	09/26/1977
From:	Case E Office of Nuclear Reactor Regulation
To:	Bixel D CONSUMERS ENERGY CO. (FORMERLY CONSUMERS POWER CO.)
Shared Package
ML20126E139	List: ML20126E136 ML20126E152
References
NUDOCS 8101120384
Download: ML20126E136 (3)

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,i Docket No. 50-155 SEP 2 d 1977 l

l Consumers Power Company ATTN: Mr. David A. Bixel '

Nuclear Licensing Administrator 212 Est Michigan Avenue Jackson, Michigan 49201 Gentlemen:

. RE: BIG ROCK POINT l Enclosed is a Federal Register Notice of a petition for rulemaking l

l regarding physical searches of individuals entering a protected l area of a nuclear power plant and a copy of a proposed NRC regula- i tion which would require clearances for those individuals who are permitted unescorted access within nuclear power plants.

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Comission is assescing the implications of these two actions, particularly the " pat down" searches of individuals, and their value as elements of the total physical protection system needed for nuclear power plants. Also, the Comission is concerned with the potential effects on employee effectiveness and morale of the physical search and other requirements for the physical protection of nuclear reactors currently specified in 10 CFR 73.55.

In this regard, the Comission is endeavoring to identify alternatives that achieve _the needed protection of nuclear power plants when comb'ned with the other elements of the total plant security system.

The Commission wants a broad base of public comment on these issues and, recognizing that physical searches and the obtaining of government clearances directly affect your employees, the Combsion requests that you inform them of this notice of rulemaking and of the proposed clearance rule, and of the desire of the Comission to obtain coments directly from those who are or would be most affected.

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1 D 20 N Consumers Power Company We request that you post this notice on employee bulletin boards or otherwise notify your employees of the Commission's concerns and desire for comments on these issues.

Sincerely.

Q Edson G Case Acting Director fo- -

Office of Nuclear Reactor Regulation

Enclosures:

DISTRIBUTION:

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-t Consumers Power Company September 26, 1977 cc w/ enclosures:

Mr. Paul A. Perry, Secretary Consumers Power Company 212 West Michigan Avenue Jackson, Michigan 49201 ,

Charles F. Bayless Of Counsel Consumers Power Company 212 West Michigan Avenue Jackson, Michigan 49201 George C. Freeman, Jr., Esquire Hunton, Williams, Gay and Gibson 700 East Main Street Richmond, Virginia 23212 Peter W. Steketee, Esquire 505 Peoples Building Grand Rapids, Michigan 49503 Charlevoix Public Library ,

107 Clinton Street Charlevoix, Michigan 49720

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't 4 UNITED STATES OF AMERICA

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In the Matter of )

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PHYSICAL SEARCHES AT ) Docket No. PRM 'If ,1, NUCLEAR POWER REACTORS ),

PETITION FOR RULE MAKING Pursuant to 10 CFR 52.802, Wisconsin Electric Power Company, Wisconsin Public Service Corporation, and Baltimore Gas and Electric Company, hereby petition the Nuclear Regulatory Commission to amend 10 CFR 573.55 (d) (1) to eliminate the require-ment for " pat-down" physical s'earches of individuals entering a protected area. Such a requirement is unnecessary as demonstrated by the absence of such physical searches for facilities such as those in which nuclear weapons are stored as well as for other highly sensitive areas. However, " pat-down" physical searches would be permitted and individuals entering a protected area would be put on notice that they are subject to such searches.

Existing requirements for the use of detection equipment would not be affected.

The petitioners are interested persons within the meaning of 10 CFR 52.802 in that they own and operate nuclear power reactors and therefore are subject to the existing physical search requirements of 10 CFR 573.55 (d) (1)

The proposed amendment to NRC's regulations would modify 10 CFR 573.55 (d) (1) by deleting the bracketed words and adding the underscored language:

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. 8 The licensee shall control all points of personnel and vehicle access into a protected area. Identi-fication and search of all individuals shall be made and authorization shall be checked at such points. The licensee shall post signs at such points informing individuals that they may be

, subject to physical search prior to entering a protected area. The search function for detection of firearms, explosives and incendiary devices shall be conducted (either by a physical search or] by use of equipment capable of detecting such devices, to the extent such equipment is reasonably available. The licensee may conduct a physical search of an individual if deemed necessary or appropriate. The individual responsible for the last access control function (controlling admis-sion to the protected area) shall be isolated within a bullet-resisting structure as described in paragraph (c) (6) 'of this section to assure their ability to respond or to summon assistance.

A memorandum in Support of Proposed Rule Making is attached which sets forth the justification for the proposed

. rule.

Respectfully submitted, SHAW, PITTMAN, POTTS & TROWBRIDGE 0

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By A bM Lf -

f, j Ge,rald Charnoff -

/ / Jay E. Silberg

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1800 M Street, N. W.

Washington, D. C. 20036 (202) 331-4100 Dated: August 19, 1977 1

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