ML20126E152

Memorandum in Support of Proposed Rulemaking Re Patdown Physical Searches.Discusses Controls Providing Adequate Protection Against Industrial Sabotage.Certificate of Svc & Fr Notice Encl

ML20126E152
Person / Time
Site:	Big Rock Point File:Consumers Energy icon.png
Issue date:	08/19/1977
From:	Charnoff G, Silberg J BALTIMORE GAS & ELECTRIC CO., SHAW, PITTMAN, POTTS & TROWBRIDGE, WISCONSIN ELECTRIC POWER CO.
To:	NRC COMMISSION (OCM)
Shared Package
ML20126E139	List: ML20126E136 ML20126E152
References
NUDOCS 8101120399
Download: ML20126E152 (15)

Text

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As, cst 19, 1977 9 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of )

)

PHYSICAL SEARCHES AT ) Docket No. PRM i h h NUCLEAR POWER REACTORS )

MEMORANDUM IN SUPPORT OF PROPOSED RULE MAKING On February 24, 1977, the Commission published in the Federal Register amendments to its regulations setting forth requirements for the physical protection of nuclear power reactors. 42 Fed.

Reg. 10836. Among these requirements is the obligation imposed by 10 CFR 573.55 (d) (1) that at all points of personnel access to the protected area " searches of all individuals be made" and that the " search function for detection of firearms, explosives, l l

and incendiary devices shall be conducted either by a physical j search or by use of equipment capable of detecting such devices."

Petitioners Wisconsin Electric Power Company, Wisconsin Public Service Corporation, and Baltimore Gas and Electric Company believe that a requirement for a " pat-down" physical search is unnecessary in view of the other protective measures required, the absence of such a requirement for other (and more sensitive) facilities, and the serious problems which the physical search requirement imposes. On the other hand, " pat-down" physical searches should be permitted in any case where security personnel are suspicious about an individual and signs should be posted that~ i'ndividu,als entering a protected area may be subject to search.

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12. Positive' licensee control over all designated licensee vehicles;

13. Numbered picture badge system for all persons authorized access.to protected areas without escort;

14. Escort required for individuals not authorized to enter protected area without; escort;

15. Individuals requiring _ escort must-register ,

name, date, time, purpose of visit, employment application, citizenship and name of individual being visited;

16. Access to vital areas limited to authorized individuals requiring access:

17. Positive control of personnel and vehicle access to vital areas;

18. Special badges for vital area access;

19. Protection by locks and active intrusion alarms of unoccupied vital areas;

20. Reactor containment doors and hatches to be alarmed and locked;

21. Positive access control to reactor containment >

when frequent access required;

22. Control of keys, locks,. combinations and related equipment;

23. Change of key, lock combination or related -

equipment on-evidence of its compromise; ,

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24. Change of keys, locks, combinations or related equipme~nt on terminati,on of. employee having access thereto.

Wholly apart from the ' extent and adequacy of these measures, it must also be kept in mind that sabotage-of a reactor sufficient to cause significant public harm.would be a most complicated act to complete, that light water reactor fuel is not a candidate for strategic material diversion, .

and that spent fuel is an.u'nlikely target for sabotage.

MTR-7022, Brennan et al., The Threat to' Licensed Nuclear Facilities (MITRE Corp. 1975), pp. 114-116.

The NRC has also proposed that a personnel security program be instituted which would require,' inter alia, that cer-tain individuals involved in the operation of licensed nuclear power reactors receive authorization from NRC for access to or control of special nuclear material. 42 Fed.

Reg. 14880 (March 17, 1977). As the Commission observes in the statement of consideration accompanying the proposed rule, "in the opinion of the Commission, experience has shown that [ clearance) programs do substantially reduce )

the risk of such (" insider"] conspiracies." Petitioners support the proposed rule to the extent that it would require the lower level clearance for licensee employees. Certainly, if such a clearance program is adopted, searches ou'ght ne: te be required for persens with clearances. This would be

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consistent with NRC's proposed " Performance Oriented l l

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~5-Safeguards Requirements", 42 Fed. Reg. 34310 ' July 5, 1977),

S73.46 (d) (4) , which exempts from the search requirement ERDA '

t couriers and licensee employees with'NRC or ERDA clearances.

Certainly, any requirements which require searches of cleared personnel are totally unnecessary.

Modifying the rule to explicitly permit physical searches on suspicion and to inform all individuals prior to entering a' protected area that they may be searched would also lend further assurance to the security program.

II. OTHER FEDERAL AGENCIES WITH RESPONSIBILITY -

OVER FACILITIES MORE SENSITIVE THAN NUCLEAR POWER REACTORS DO NOT REQUIRE PHYSICAL SEARCHES AS PART OF THEIR SECURITY REQUIREMENTS.

Nuclear power reactors are by no means the most sensitive i facilities operated or licensed by the Federal Government.

Nuclear weapons storage areas, military nuclear research facilities and many military bases would seem to have a greater need for physical security protection than commercial nuclear reactors. Even the anti-hijacking precautions in effect for all cc=mercial airlines would appear to need measures at least as strict as these for nuclear power plants. Yet in none of these cases do government regulations require a physical search. l The security requirements for nuclear weapons are governed by Department cf Defense Directive No. 5210.41,

" Security Criteria and Standards for Protecting Nuclear i

Weapons" (September 10, 1976). This directive applie's to all Defense Department components having responsibility for i

-- - . ~ . . . - . . - . - - - - - .

< + l the protection of nuclear weapons. EnclosureL3 to Directive .

No. 5210.41 sets forth the Criteria and Standards for ProtectingL <

Nuclear Weapons. Section F, Entry and Access Control, governs entry into Exclusive Areas (defined as a designated area in which one cn: more nuclear weapons are located) and ,

Limited Areas (areas surrounding Exclusion Areas) and requires:

1. entry control to assure positive identification,

' including as a minimum

a. controlled picture badge system;-

b. formal entry control rosters; t

c. visitor escort system, and

d. a duress system (a system whereby .

the security personnel can be covertly informed of a situation of duress).

2. limitation of entry to authorized personnel, including either personnel security clearance for those authorized entry or surveillance by a designated escort for persons without clearance.

i l 3. provisions for rapid entry during actual response or exercises.

No requirement exists for physical searches, even when nuclear weapons are involved.

The U.S. Army nuclear weapons security. procedures similarly do not require physical searches. Army pegulation AR 50-5 (eff. September 1, 1976) provides for a badge system, l

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l entry control rosters,' a visitor control system and a duress system. Unescorted entrance to Limited and Exclusion Areas is restricted to cleared individuals with an escort system l

l for persons without clearances. However, even for uncleared (but escorted) persons having access to nuclear weapons, no physical search is required. -

Security regulations in other defense related areas also have no requirement for physical searchec. The Energy.

Research and Development Administration procedures are set forth in ERDA Manual Chapter 2000. Specifically, ERDA Manual Appendix 2401, Physical Protection of Classified Matter and Information, makes no mention of physical searches.

Defense Department regulations used for the security of naval shipyard construction (including naval nuclear construction) l require no physical searches. See DOD 5220.22-M, " Industrial Security Manual for Safeguarding Classified Information",

and DOD 5220.22-R, "Industria? Security Regulation."

Nonmilitary security programs similarly do not require physical searches. To deter ps.antial hi-jackers, the l

Federal Aviation Administration in 1972 adopted 14 CFR S121.538, " Aircraft Security." This regulation requires that each l carrier adopt l

A screening system, acceptable to the Administra-tion, that is designed to prevent or deter the carriage aboard its' aircraft of any explosive or incendiary device or weapon. . . . .-

To our knowledge, no carrier has adopted, nor has the FAA required, a screening system which requires physical search.

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Thus, our investigation of physical security requirements for activities with a sensitivity comparable to, Eor greater.tnan, nuclear power reactors' discloses no examples where physical 7 searches are required  :

III. THE PHYSICAL SEARCH REQUIREMENT CAUSES NEEDLESS PROBLEMS TO LICENSEES REQUIRED TO IMPLEMENT IT .

A number of practical problems have.already surfaced in tne short time'since the Commission-mandated. physical search require-ments has been implemented. 'Other problems can be expected over the next several months.

Some plant. personnel and their unions have made known their feeling that a physical sea ~ a. is highly distasteful, personally offensive, and in violation of individual rights. In at least one case of which we are aware, the employee refused to submit to a physical search. As a result, the utility felt' obliged to place the employee on leave of absence without pay until such time as another position in the company could be found where the employee would not be subject to physical search. The employee has retainee a lawyer and is investigating the possibility of legal action againsr the utility. Several unions have protested ,

and at least one has asserted that the new physical search requirement constitutes a change in working conditions requiring a negotiated sett?,ement.

The problem of women employees and visitnrs is particu-larly troublesome. A~.though most utility guard forces may r include some women, there is no assurance that a woman guard would be at every entrance at any time that a woman employes i 1

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or visitor might appear. In the absence of a woman guard, j the physical search, and the woman's entry, would have to be delayed until a woman guard was obtained. In some instances, this might result in a significant delay in order to have a ,

woman guard report to the plant.

The likelihood of a substantial delay in processing people through the security system is likely with the onset of colder weather and the need for entering personnel to remove their coats, jackets and sweaters, so that those items can be searched prior to the physical search of the individual.

Significant delays may be involved in processing large numbers of people, particularly during outages when a ,

significant increase in the number of werkers coming en-site [

can be expected. This added time may result in additicnal costs to the utility in terms of reduce 3 froductivity or requests for additional compensation, tger guard forces may also be required in an attempt to reduce the delay.

IV. CONCLUSION As shown above, the physical search requirement imposed i

by the Commission is unique. In the perspective of the risks of industrial sabotage accepted by American society and the precautions taken in connection with those risks, the Commission's physical search requirement appears excessive and unreasonable.

Other government agencies with responsibility over activities of

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equal or greater sensitivity and susceptability to industrial or other sabotage do not require a physical seardt as a part of their.

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l security plans. And there is no known parallel to such require- I ment in connection with other private activities involving perhaps larger risks to society. Other measures ' tcquired by the Com-mission give adequate assurance that a nuclear power reactor is properly protected. Finally, the present requirements are causing and will continue to cause problems to the utilities which must implement those requirements. We therefore respectfully request that the Commis sion modify its physical search requirement to read as follows:

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 f 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.

Respectfully submitted, SHAW, PITTMAN, POTTS & TROWBRIDGE p/' ,.

By /~ ' - ,

erald Charnoff '4 Jpy E. Silberg 1800 Street, N.W.

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

. e UNITED STATES OF-AMERICA i NUCLEAR REGULATORY COMMISSION >

In the Matter of )

) -

PHYSICAL SEARCHES AT ) Docket No. PRM 3 D -)-

NUCLEAR POWER REACTORS )

CERTIFICATE OF SERVICE This is to certiy that copies of the foregoing " Petition  ;

for Rule Making" and " Memorandum In Support of Proposed Rule Making" were railed, first class, postage prepaid, this 19th day of August, 1977, to the following:

Mr. Edson Case Docketing and Service Section Acting Director U. S. Nuclear Regulatory Office of Nuclear Reactor Commission ,

Regulation Washington, D. C. 20555 U. S. Nuclear Regulatory Commission Washington, D. C. 20555 General Counsel U. S. Nuclear Regulatory Commission ,

Washington, D. C. 20555 ,

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Jayf E. Silberg i

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14480 proposedrules this secuen of the rtDtaAL Ricisrte seatsins notices ti she patrie et the peepeeed toommace of ev6es ead rossiet eas Tne pg.pese er thew n.oce. 6. to 34e ma'esus pews sa erewa8tr so ***peia m tw rw6e maams erwe = the ***p6sa W tu fasi rw*s I

the opintpn of the Commission are im-portant to the common defense and se-curity, that nay be conducted onl) by persons snuse character, associa tlor.

and loysty shall have been invest!pted under nandards and spee# t atwns estabilahed by the Commtr.slon and o so whom the Commlaston shall hau few mined that permitting each such perna to conduct the setivity 3111 not be in-knical to t.he common defense and security. * * '"

P,1rsuant to this statutory authority, the Commisalon is proposing regulattor.s erhnch would require certain tridividuals invol ed in the operation of lleensed nu-elear power reactors and fuel riprocess-ing planta. in the licensed use, process-ing, or storsge of certain quantitles of special nuclear materials. and in the transportation by the private sector of certain quantitles of specLa] nuclear material. to receive authorization from the Commission for access to or control over speela] nuclear material. 'Diese res-ulations are being prepared to utilfre a personnel security program as a measure to protect against those employed in the affected nueltar activities tho might conspire to stest or divert special nuclear material or conduct sa botage m-htch

' would endanger the puble by exposure to radiation Of course, a clearance prostam itse!' does ,ot entirely selve the proelem of the " insider," but In the opinion of

,,,' the Commlaston. experience has ahomn that such p ograms do substantla!!y re-dues the rtst of such con. spiracles More-over, the proposed program La one of several elements in the Commission's oversll safeguards progra.n which to-gether protect against threats. both in-ternal and external Tu o levels of special nuclear rnaterial access authorisatlon are proposed. The higherlevel NRC-U,3ould be based upon a fulbfield background investige.tlon and ,

e ould apply to (1) n!! Individuals a ho re- 1 quare unescorted steens to special nu- '

clear materral or m:th!n vital areas. till i those tobs in m'hten an Individual alene '

NUCLEAR REGULATORY * ' 18 ' "* P'F ' ' t h * " h" d 'd '

sho dxs not posnas an NRC-U special COMMISSION . nuelear material access a uthor;ra tion

( 10 Crn Parts 11,50 and 70 } couM act to steal or divert spectal nuclear material or to commit satetage. erd ital

• SPECIAL NUCLEAR WATERIAL drivers of motor schicles and pilots of Author;ty for Access to or Coritrol aircraf t transportme certain Quantitles Section Igli of the Atomic Energy Act of specia: nuclear materas! and those sho of 1954 as amended permits the Nuclear escort road re!! air or ses snisments of Resulatory Commission to prescribe reg. special nuclear ma Mr:a! Tha lower lete!

ulations mstituting a clearance program NRC R. would be cased upon a National l

for those individuals who have access to Aaene) Check and m ould apply to allindt- I or control over special nuclear material Specinca!!y. the section provides tha viduals sho require unescorted access to I' Commission may issue regulations ...t t.he.Uctected areas and aho are not required )

designating activities involving quanti, to pobsess a tt NRC-U special nuclear I t;es of special nuclear material which in material access authorization Flotsat aloisite. VOL. 43. Dec. 59-fMueloaf, MatCM ty, lery

I a i I I

. 1 FROP05ED RULES 34pg .l I

Both the National Agency Check and que=tions of are to sp 141 nuclear carna row penswime ga tumn, eta  !

the full field background investigation materlet, and some may not be pertelvN! 8"f su. Muuaan strat*6 Arcass Av.

N 8"' N are conducted by the Civil Service Com. As relevar t in specinc cases. Also, there j mission The National Agency Cbei k rny be c.*t.'s in which additionn! crl. li st App!kanon er the erstert. '

conslots of a check of flica of the t'll! tena, not now included in 10 CFR Part Amim Bn t M I, n m p m I (fingerprint, criminal, and subversive 10. would be more to the point. flosever. US. sec.18R Pub t, asoot 6s unt e4s go filesh Civil fiervice Commluton (Secu. thee criteria do correspond to the Fed- U BC 29011 tity. Investigative indexb and a check of eral Government's general approach to GewsRAL Paoynrous military records and records of other personnel accu Ity, and specifically, ,

government agencies. as appropriate. ne ERDA had adopted them for use in ita g 31,3 purp .e, full field background investigation con. own materials access program (43 FR This part establishes the requiremer.ts stata of interviews of references, conduct. 7946L Purthenuore, the criterla are in ed by investigative agenta of the Civil the nature of gulde!!nes to be used in a gor special nuclear material aucu au-Service Commlaston. In addition to the declAlon procche Charactertred by Com* thortratiori, and the criteria and proce.

recorMheck Sources of information de, mon senac judgmenta, rather than Quan- dures for resolvJng questions toncernhg velog11c the courne of the investigation titative criteria Moreover, the Commis, the ellglbility of Jndividuals to receat are ah4 hr*wc? We Idl-field back, alon is reluctant to devise a new set of special nuclent material secess authort. 1 ground tmstigation conducted by the criteria without evidence that any new ration for conduct of certain hetivities, Civil fLrvice Commission generally cov, criteria would significantly improve lleensed or (Nurwise, ahich involse ae-dra the IS-year perloc (f the Individual's upon those which presently exist Hence, ceos to or control cla! nutlear over uncleasified spe.

material.

udult lift prior to the imestigation. the Commlaston'.a proposal la to rely on The program betrig proposed by these the government wide criterla as guide. g31,3 scep,,

regulations is intended to supersede any II"',' I

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, u7! ear mar1 . dat he requirements. criteria, and ,

ist 8 req 1r m na lic he Commission particularly requesta procedures of this part apply to the es. 1 worthiness of their personneg comments both on the relennce of indl. tablishment of and ellaibility for specht vidual criteria of 10 CFH N810 and nuclear material access authorisation l on the cornpleteness arrd ..$tabill'ty of for employees, contractors, cor.sultant.s arnen nts es and I en a i the criteria as a whole for questions of of, and applicanta for employment with, cr.nts would be required to amend their access to or control over special nuclear lloensees or contractors of the Nuclear security plann by identifyir.g and describ- matertal. The C'inmhalon intends to give Regulatory Commission where such em-ing jobs at their facilities which rcQuite careful consideration to this " natter, in ployment, contract, service, or consulta.

authorization Affected individuah would the light of commenta received, in d,. lion involm any job fallfrig within the be required to obtain authorization ac. termining the provisions of an effective criterla of 11 11.11 or 11.13 et thu cording to the schedules set forth in the rule chapter,

• (b) De ' requirements, eriteria, and red o a o cha fobs where ne Pursuard to the Atomic Energy Act of job would require a maternal access au- 1954, as amended by the Energy Re. p]edurvs an not in lieu of this partrequirements, of any are in addition cri.to thorization must obtain an authorszetton organizatJon Act of 1974 and section 553 of title 5 of the United States Code, teria, or procedures for access to or con.

before beginnma the job. Authorization notice is hereby given that adoption of g our class speelal nuclear ma.

would be updated every five years- g With due recognitatmn of the gravity a new 10 CPR Part il and adoption of of establishing a material access authorb the following conforming amendmenta 511.5 l'oficy.

sation program tri the heensed nuclear to 10 CFR Parta 50 and 10 la contem* 18 la the polley of the Nuclear Regula.

Industry which would affect Individuals plated Allinterested persons who desire tory Commission 'to carry out sta au-who are not employed by any licerisce or to sumbit written comments or c agen* thority to establish and administer a contractor of the Commission as well a.s tiene with respect to the proponed personnel security program m the inter-licensee ernpsoyeen, it is the Commission's amendments or any other matter pert!. esta of the common defense and security intent to mintmtre both the impaci on ent to the subject of this notice. should for the purpose of safeguarding special the rights of privacy knd anociation of send them to the Secretary of the Com-Individuals affected and the number of m1Hlon. U S. Nuclear Regulatory Com . tage nuclear whichmaterial and preventing would endanger the pubhc aabo-by individuala aflected. while providing an mission, Washington, D C. 20555. Atten* exposure to radiation in a manner con.

effective measure of protection against tion: Docketing and Servlee Ilranch, by sistent with traditional American con.

those who would seek employment with, May 16.1977. If suf5ctent interest ta evl. cepts of justice. To this end. the Com.

or use their position in the nuclear in- denced by comments received. the Com* miselon has established criteria for dustry for purposes of theft or sabotare mission will give ronsideratJon to a put/ic determining ehglbility for special nu.

In preparing these regulations among the hearing on this matter Copies of com* clear maternal access authortsstion and matters considered were tne scope of in, ments on the proposed amendmenta may will afford affected Individuals the op.

vestigations te g . whether a full ft Id be examined in the Commission's Public portunity for administrative review of background investleation should be re. Document Room at 1717 H Btreet, N W., questions concerning their englbilJty foe quired for all individullO, which job Washington. D C. special nuclear rnaterial access authori.'

functions should require material access authottzation se g recinre authorization gogg *8'.

1 A new Part Il is added to read as sauon.

only for " key" past tinns or adopt a $ II.7 Definitions.

graded svatem with level of clearance de. P!M ll --CRTTERM AND PROCE0uRES As used in this part'-

termmed by lobi. She*her psychological FOR DETERMININC EDGIDILITY FOR la 7erms deftr.ed it: Parta 10. 50. '70.

Weument should be required and the ACCESS TO OR CONTROL OVER UN- *

• AS$1FIED SPECIAL NUCLE.AR MATO *P ' '

relation of the propc4ed program to cur. , d b tent NRC and ERDA persortnel security Oantan Paovtasone (b) 8pecial nuclear matersal access programs g, p authorisation" means an administrative determination that an individual tin.

The Commiswn also ronsidered the si a scop. cluding a contrutor of consultant) who euestion of whet.her ne w rriterta should 88 S Policy be Jeveloted agattut which a derision ll 7 tuttnitiona la employed by or is an applicant for em-lo ment tulh a Communion cont-actor, for authorization would tie made The Erwissasemn eos hertu Fun aan Etnata prement NRC security ricarance ertteria #'""""'"'""

(10 CF'R Part 10e were developed for 38 W * "t*stR8*d mes

• *

• W U W N m W88Portsun N # M O SM BN W M access f.o information and ma such' not H IS Application for special nuclear control over specla! nuclear matertal and ggj crMerla may be equally significant for snaternal sceoss auttboruauon Lhet permitting the Individual to work etotsat alGegigg, ygg 4Se NO sI=Inue caf, AtaeCM j r,1977 I

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IW2 PROPOSED tutt$

at that Job wnuld not be inimical to the (al til of this section althout en NRC-U apecial nudrar material access authort.

comrunn defat-c and security. special nuclcut material access authort. sation. Spetlal nucicar n:aterial acecu se e "Nitr' 'tr special nu< lenr rnatcrial sa t non. 121 Af t*r 1540 days follow)ng authortsattun for which a L1rnely epp11, arrrw. uWhm u it ton" menne an nilminh. publlention in final forme tio individual catAon for nen nt has bocii rnade be con-trutive <1e trimlimtirin bn=t d utman a tw muy be pctruitted unescorted accena to tinued beyond the caw! ration flatr' pend-tnonal apiny t hn k nml si f ull.f)rld any I.toicstrd area at a ndear reactor gns final action on the applicatinn An bark mmn I invi f h ,itism cruturtril ley alte subject tu.thh part. and atteir (100 application for tenemal mill con let of the the Cn ti fu n 1. r Comml al6ti thut an due fottos trg pubitt atton in final formt following:

Indivletual in the inm r f.f einplupnent sin indivklual may be permitted un- (1) A Personnel Security 4:estion-Is elWWe to u nik ut a job f allii.g mithin encarted artexa to any protected ales at nalre, completed by the arp!trant.

the tilt 41t:t of 1111 lis a ill s or !! 13. any othes site subject to this part, with. (3) A statemerat by the emplo>er or idi "NHC 'R' mectal nuclear rnatcrial eat either an NttC-U or NRC-R spectAl ContraClor t. hat at the time of app!!ca.

access authni vation" means a n adrntnto nuclent material access authorttation. tion for s enca al the indhldual's amgned trathe dele i ru hu tion based upon a or assumed job requires the legel of spe-national agetay check that an individual lI Requhnnents in kanpe&n' cial nuc! ear material access authorda-in tl:e course of employment is eligitte f ai Allindividuals who af ter il&0 days tion which he or she holds. justined by to mon k at n Job falling within the cri- follow ing publ. cation in final formi 6ppropriate reference to the Ikene ce's drlbe motor uhtcles in road shipmenta Secur ty plan.

terlon of 111 I t ta n t 2). of special nuclear material, pilot alt. (d) If at any time, due to new aw!gn.

Rrwies ne s u n ron Segriat Nucitan ctalt in air shipments of special nuclear ment or assumption of dulles, a change Mana tat Acr ess At'tMosl7aflow material, att as mon!Lors at transfer tn special nucient materlsl accesa au-l II,Il Wywice nwida at hwi siin, pomtn. or escort road, rail, nea, or alp thoritation level f rom NRC "R" to "U" shipments of special nuclear material is required, the individual shall apply for dal Each licensee aho raf ter 90 days sublee t to the appropria te phyalcal a change of level of special nuclear mm.

folloalns publiention in final formi uses, protection recuirements of 11 73 30.73 31 terial access authorization. Euch an sp.

73 35 or 73 36 of this chapter shall have erta ub'iec t e ysical ro e or{ NRC-U specLal nuclear matettal access pheation the new dutiesshall include a description to Ise ass!gned of or as-requirement.s of Part 73 of this chapter. authorization. numed, justified by appropriate reference 5 censuaa a a to tM licenaM snur4 plan to the p ys e p otect on req areme pub!! cation in final formt transport or # Eech application for speelal nu-of Part 13 of this chapter.by amendment who delher to a carrier for transport clear material access authoritation, re-to his security plan shall identify at his special nuclear material subject to the newal, or change in level shal.1 be accorn-f acility or plant and describe to the physical protection requtrements of panied by the em ployer's remittance a t 13 30. 73 31, 73 35 or 13.38 of this according to the follos tet ach-dule

• 1 obs in w hleh an individual chapter shall confirm and record prior gm, g g. g could steal or disert special nuclear ma- to shipment the name and special nu-terial or commit satwtage t hich would clea r ma ternal necess authortsstion W,3me o, pmauon R". ~ ax 3 pg.u 3 y o, "Pt . an endanger the puelle by exposure to radt- number of all driters. encorta, and mesta- +4)acqn.ne,ogi ) st"s. U ... asso utton by workti.g alone or m cooperation uth an individ ial who does not pnuess lors sungned to the shipment. 18) Con rt , st e C or ari NRrLU spMial nuclear maternal ae- $ 11.15 tpplication for Special %uelese g or g ,_, po mfp cens authortzation or by direc ting or %ieriel Acre.s Authertuison, gg) con,ers mauns penC or coercing any individual to assist in the to Application for specta.Inuclear ma. mDa 5" w w" to U""- +-- aan thef t. duersion. or sabr: tate Such loba terial access authorization, renewal. oc N #*"" "

inrlude but are not limited to- . change 8.h level shall be f!!ed by the em. .Y""U Y" " .

ili Mi positions in the licensee s se- plo> er on behalf of the applicant with o g}S to n  ; ,', po c3 p cunW orce- the Director, 05cc of Administration, s it t Management posttnona with the US Nuclear Regu!a tory Commision. Camata coa Dmnum m ci hacrutrT1r a utho rit y to Washington. D C. 20553y FOa Acetas 70 os ComisoL ovaa. Set.

8A+ Direct the actnons of members ebt Applicatbans for special nuclear sta& NUCtsaa Manslat of tr curity force or alter security gg to supphed by the Commis-

'Bi Direct routtr.e mosements of spe. [ndeo clal r.uclear matettal or it' A Pnsannel Secunty Question, cial nuclear mater:al acceu a:Jthoriza-

• C# Direct the routine status of vital . ,

tion 14 a comprenensive. common strue pment o- A f raerprint card tith the Ln. Judgment rr.ade af ter consideration of all ilu e All joba s hich require unescorted dn[duali fingerprints @gerpnnta may the relevant information, favorable or ucceu mitnin onsite alarm stations D' L* ken by a local police authority i unf a corable. tPat to trent or den) special stve All jobs u htch require unescorted acceu ' to special riuclear material or i 3, A staternent by the emplo> er, pro-ec'we empim er or contractor identi-mathm sital areas lying the Job to be ass;gned to ur assumed and security and ts or is not charly con.

'? > All )oba s hich require unese 7rted acccu u ttrin protected areas and ansch b) the mdnidual and the level of su. sistent Ibi Tosithassist the rationsi in maMr tr.terest g these deter.

thorntation needed justified by appro.

do 008 f ad a thm the cratesion of pnra-iate sele ence to the licensee s security minations on the basis of all the 'nfor.

g ra c h a 1 o trus section gen matica in a particu%r case there are set

• b e 'l ' Af ter ' %40 rie p follom ing tmb- Special nta lca r rnaterial access forth in 11011 of this chaptee a number

.r' "

d* ## '8 " '"

lir ellon in f%al form a no indhidual w hoaathe s or e at a run ieur reactor wbtect to this .tnorirat.on date of iswe shall esotte Sspecial if crintinued >ests follon. tton These criterna ac e not ethaustive' part ane nf ter .180 rian follnwing pud

• w irer rn. ster.al acceu authorization is but centsin the principal types of deroes.

tory information uhtch in the opinion hr ation in Pr'ai rnrm e no otner individ- rem neJ .in win (stion for renemal snall ual rna) te perrnstted to work at any be 3 .e n.tted at least 90 days prlor to es. of the Commission create a Question as to Job determired by the Commisstor to piratian r' ate F allure to make a timely the indinndust s elig.bilit} fcr vertal nu-f all mithin the criterton of paragraph apLbcation u til result li, expiration of citar matertal access a uthert2 s tion

- - - - These criterta are subject to continuing T? n rs ee nat ever the requirement reir Iw eaa tenea f ar epeoni nucieer material review and mm) be rettsed f rom time to ew n m t . ntame ireievsta enmin me. a a a .oimr.u rn, n a tie e s pec te d to be mai * -ene stru u wee in i M ao r s i 7 so. So essa rur Nkc 11 ane 30 este for time as emperience at:d circ umstances

,*i. r. . p t. , s at st may i Ake desirable repasat etoistet. vot 43. soo st tWustDaf. saanCM i t. MF7

, -,- - ,. ~ _ m, , . . - ... -

i PRMOSED RULES llM3 tc) When the reports of Investigation ratuJrernents of Part 73 of this chapter, f an Individual contain 1.iformation if applicable, at the proposed faculty lu-j essonably falling within one or more cluding the ident!8 cation and description i of the cla=ses of derogatory informationquired of jobsby at.i11.11(a) the propot.ed facility as re, listed in i 1011, the application of the of ihls chapter.

criteita shall be ruade in light of and Part II shan list testa, in:pections, and ]

with specific regard to whether the . ether means to be used to demonstrate l calatence of such information creates a compilance with auch requiregnents, !!

Question a.s to the Individual'a ettglbility applicable.

I for spects] nuclear material acccu au-thorization by ratsing a reasonable belief PART 70-SPECIAL NUCLEAR that the Individual woukt use his access idATLRIAL to or control over special nuc!rar mate- 3. Paragraph th) of i 10.231s amended rest for theft or dhersion cf specist nuclear material. or aabotage which to read sa foUown would endanger the public by exposure $ 70.22 Centent of appliestions ,

to radiation The Executive Dire': tor for . . . e e Operations may authortae the granting th) Each application for a lleense to j of special nuclear material access au- f-m or use at any alte or contiguous thortzation on the basis of the informa- sites subject to control by the licensee Lion in the case or may authorize the uranium-236 (contatned in urantum en-conduct of an intervies with the individ- riched to 30 percent or more in the urs-ual and. on the basis of such Interview nlum 238 tectope), uranium 233, te and such other investigation as he deems plutonium alone or in any combination appropriate. may authortse the granttog in a quantity of 4.000 grama se moes of special nuclear maternal access au*

computed IFy the formula, grams aa l

thor sation Otherwtae, a question con * (gran s contained U-336) + 3.8 (grams cerning the ellstbility af an individual I

for special nuclear niaternal access su* U-233+ grams plutoniumb sther than a

!! cense for posasesion or une of such ma-thortsation shall be resolved in accord

• terial in the operation of a nuclear reac-ance with the procedures act forth in tor lleensed pursuant to Part 60 of this l li 1030 through 10 37 of this chapter- chapter, shall include a physical security j (d) In resclving a question concern

• plan, conststing of two parts. Part I shall ,

ing the thgtbluty or continued eliglbuity addrans vital equiprnent, ettal areas, and {

of an individual for special nuclear 1, Jation tones, and shall demonstrate 1

material access authortzation by action fow the app!! cant plans to meet the of the Personre) Security Board.' the scysical protectJon requirernents of Part following principle shall be applied by 73 of this chapter in the conduct of the the Board: Where there are grounds activity to be IJcensed including the i

sumenent to estabibh a reasonable bellef Identification and descr1puun of jobs as l

as to the truth of the mfortnation re- required by i II.lltat of this Chapter.

gardets as substantially derogatory and Part II shall list tests. Inspecticos. and when the esutence of such information o'.her means to demonstrate corppliance raises a reasonable belief that the in- with such requirements.

dividual may use his access to or control over special nuclear material for theft Dated at Washanaton. D C. this lith or diversion of spects) nJclear rnaterial day of March.1971, or sabotage shich woukt endanger the For the Nuclest Regulatory Commis-pubtle by exposure to radiation. this shat! ston, be the basis for a recommendation for Sanavsr. J. CunJt.

denying or revolung special nuclear Secretary of fAs Commurdon.

maternal access authorization if not pygggggg4 satisfactorily rebutted by the individual or shown to be mitsttated by circum-

• sta nce.

PART 50---LICENSING Olr PRODUCTION AND UTILIZATION FACILITIES 2 Paragraph tei of 150 34 ta amended to read as lonots.

I 50.34 Centents of appl.<asim..: iceh.

nkel in forms tion.

ac t Physical se urity plan Each appij-cation for a heense to operate a prcduc- 8 tion or utthration factljty shall include I a physical security plan The plan shall l ronsist of two parts Part I shall address 3

vital equipment, vital areas. and isota-tion tones, and shall demonstrate how I the applicant plans to comply alth the 1 8

'ne fur.ctica of the Personnel Securats 1 Osra as :!encritwo an Part to or usan chapter a FEDEtat sH

l 1 l rw Hus a , , , , ,

1rw.o No. 60 280 sod 60 2611 Chairman of the Atomic Bafety and L1- of equipment capable of detectire suc h I censing Board Panel Timely petitions devices, to the erfent stech eginpment in VIRGINIA ELECTHIC & POWER CO. will be considered to determine whether reasonably aWWble. The heenser map ]

Proposed issuance of Amendments to a hearing should be noticed or another con 4fuct a phWo! scorch of an inds-racihty Operahng Licenses appropri ,te order issued' regarding the t%al f/ deewd necessary or appropn.

The U S Nuclear Regulatory Conunts- disposition of the petitions. ele. The 1:vtMdual respoinible for the In the event that a hearing is held and last access control function (controllu;g slon ithe Commissions ia considerms a person is permitted to intervene, he be- admission to ?.he protected areas shall e ut I efi 1 3 pg cornes a party to the proceeding and has be isolated within a bullet.remling 37 tsined to Vjsguna Electric and Powes a richt to participnte fully in the con. hirut ture as dricrlhed in paragraph ics W Ohe !!ccines, foi operutsun of the duct of the hearmg. For example, he may 46s of this section to tasure their abihty Surr> Power station Units Nam. I und 2, present evidence and examine and croa- to respond or to btstnnon kni tance locata d in Sut ry County. V.a. cxamine witnesses. . . . . .

P r further deta!!s with respect to this In accordance with the beensee's ap- The petitioners aitate that a emnre.

phenHon for umendn. cut dated Aiumit U, acMn. oce We appkaum for amend- ment for a "p.it.down" phustnl me o n us utoph niented Antud 20. 1977, the snent dated Augur.t D. as supplemented is moierex.ury tu view of the othen or i.

innemtments w ould revtse the provision.s August 26, 1977, which is available for tortive mensures u hh h are remunit u e in the Terknical Specificabons rclating public inspection at the Commth6 ton s absence of such a requiremant foi other to the trannient and accident analysis ns Pubhc Document Room,1717 H Street sand more sensitives facihties, anet the off erted by nn inciense in steam genera- NW., Washington, D C. at the Swem Li* serioths problems which the physcal tur tube pluging lesels f rom the current brary ColleRe of William and Mary, Wal- search requirement impores. The nt ti.

amsburg Va.

20% to 2K tioners state, howevet, th6t " pat-dawn" Pa nor to issuaner of the proposed 11- Dated at Bethesda, Md., this 6th day physical searches should be Mrnitt< d m cense amendinents. the Commission will of September 1977, eny ca e where security perternel are have made the findmgs required by the suspicious about an individuas mad ses Atomic 1:netgy Act of 1954, as amended bgOH- For the Nuclear Regulatory Commis* bhould be postett that intilvide eter.

ethe AL Li, and the Coimnission's n ulos ing a protected area may be i to nud regulattuns. Rossat W. Rssa, physical search.

11y October 7.1977, the licensee mny Chic /, Operafing Reactors Branch 'lhe Commission is asp'essmr the im-f le a request for a heating and any per. No. d, Division of Operatissa plicahons of pat-down t.earches and Sun whose interest may be affected by Reactors. their value as a part of a total physu ut this proceeding inny file a reqtie31 f or a m nh cmshW Wir m lFR Ekx 77 26 sol Filed 9-16 77.e:45 mml fation to other features of security $3s-hearing in the forns of a petition for L. age to intenene with respect to the tems required by the rule that afM t ac-11.sn.mcr ni the ninendment.s to the bub. [ Docket No. PRM-73 2) Cess controb intended to prblert with u.ct Du inly operating brenses. Pettuons MSCONSIN ELECTRIC POWER CO., ET AL. endes in to der t 2r i foi it.oe tu antervene must be flied under will arbleve equivalent potet tir,n in the uuth or all.rmation in accordance mith Filing of Petition for Rulemsking the plovi lon3 of Seetion 2 714 of 10 CFR Nottec is hereby given that Gerald *"#" "" ""I*""U8"l "W p.o t 2 of the CommMinnM scrulations Chatnuff Esquire, and Jay E. Ellberg, sucli colnmenta pre soMed werm"4 on A peuuon for leave tu intervene niust set Esquire have filed with the Commis6 son alternatives. and further ophnons fon th the miesest ut the petitioner in on behalf of the Wisconsin Electnc as to the value of searches as a contribut-the piot eeding. how that intesest anny be Powct Co., Wisconsin Public Service en secumy systems nilet ted by the t esults of the pioceedmg, Curp., and Balumore Oas and Electric A copy I the peution for rule runknig und the peutioncrb contentions with le* Co. a petition for rulemaking dated Au. "

• spect to the piopostil beensung action. gust 10,1977. om n' Pu e nt buch petitions nmat be filed m accord- The pettuoners request the Commis- 1717 !! Street NW., Washington' DC $

ance with the prosialons of Wils FLDERAL slon to amend i 73.55td)(1) of the Com- copy g the petition may be obtai ned by Ih1.isn H nnuce nnel Section 2.714, and inishion's regulation

• Physical Protection mung to the Division of Rules and Rec-rnoon,tfS Nu-n nnst be filril with the accartney of the of Phmta and Matertuls," 10 CI"Il l' art ' " " ' ,"

" ."'" "U Conuntwlon. UH N uclear Itru ulutoi y 73, to cluntnnte the requirement for "put.

L unnntoston. Wushinnm. D C. 20555 down" Idayalcut hunches of individuals "'

A tientjon ihm krung und tkrvice Sec- entering a protected area. All persons who desire to submit u t it-tion. Ly the above date A copy of t.he The amendments proposed by the ten comnenta or suggenuons conurnny petition und or request for a heurling peuttoncis would modify 10 CPTt 73 55 the pettuon for rule rnaking should send

( Should be scrit to the Exci ullve Irgul (d)s!) by deleting the bracketed words their conunenta to the Secretary of the Dhcotur. U S Nutirai llegulatory Com. and adding the itallad language a3 CmnnMon, U S. Nuclear Reguluhn y mission, Wushing ton. D C. 20555, and to follows: OmnnH Won. Wiuhinc ton. DC 20M S.

Mr Michael W Maupin. Esqun e, llun- Attention: Dockrung and Service W:.nrh tun, Wilitumb, Gay muj Osbson, P O llox b W", E N k.d P by Rtubet 17, I!)77 l

lb36. In lunond. Va 2J213. the uttuisity for the hernwe

[' " 9"5""f Ui.d sush..har.

"l,"]' ,

{ ';,,[ Dated ut WmhinsLon. D C.. them 1.it h day of September Ilm A peution f or leave to mtervene rmnt . . . . . Der the Nudrur liegn! story r%nuna-be au ( umpamed by a bupporting alli-danit whu h identifica the optcihe aspet L (di Accchs requirementa ill The h- 83un-or aspes La of the proceeding as to whh h renm shall contiol all putnts of person. Smust J. Cnn F..

tute 6cution h desarrd and epedhe.s with nel iund vehicic sucha to a protected Surcinres o/ the Conunrem pat uculainty use f acts on which the 9e. uncu identificauon and search of allin- IPn tuc 77 -.270M rued v -u 77 ai o .ou t titioner rehes as to both has interest knd (fividuals shall be made and authurtra-

! han < ontentmns with regard to each eu - hon shn!! be checked at such pomta. tac gonem a t,o.gui pect on u hh h intervention is requested. heenset shall Tout $syns at such potnts sn/orunny indwulunts that thcp may be WISCONSIN' ELECTRIC POWER CO . AND sablert to physical search prior to enter. WISCONSIN MICHIGAN POWER CO i n t r ts! e t C m i jus t .dl< tion w di he denird ing a prverh d inca The scarch fune- luuance of Amendments to Facihty All piinnon , w ill he at led unun bv the uun for deWuon nf fircarius, explosives Opvabng Ocenm

, Conuniv ton or brensing b >> a rd sinig. inul intendiary d. vtres shall be conducted The II S Nuclear Regulatory Commis-no tett bi the Comnnwmn or hs the feather b.y n phs n al Scarch ori by use hinn athe Conunbston s has 1. sued flote At Riot 5 fit, vot. 42, wo 1/e_tMyeloaY, SEPIEMatt 13, le7r l

1 e, ,- - .- - - n . , . . ,