ML20126K205
| ML20126K205 | |
| Person / Time | |
|---|---|
| Issue date: | 03/04/1991 |
| From: | Bernero R NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| To: | Beckjord E NRC OFFICE OF NUCLEAR REGULATORY RESEARCH (RES) |
| Shared Package | |
| ML20126K139 | List: |
| References | |
| FRN-57FR49656, RULE-PR-73, RULE-PR-74 AE27-1-013, AE27-1-13, NUDOCS 9301070063 | |
| Download: ML20126K205 (7) | |
Text
hb 2.h-f OM. 3 INITIATE RULEMAKING-MAP 0 4199; 1
MEMORANDUM FOR:
Eric S. Beckjord, Director Office of Nuclear Regulatory Research FROM:
Robert M. Bernero, Director Office of Nuclear Material Safety and Safeguards
SUBJECT:
REQUEST TO INITIATE RULEMAKING This memorandum is to request initiation of a rulemaking to amend 10 CFR Part 73, " Physical Protection of Plants and Material" and 10 CFR Part 74,
" Material Control and Accounting of 5secial Nuclear Material." The purpose of the proposed rule is to ensure that tie presence of NRC inspectors at certain fuel cycle facilities ir not announced or otherwise comunicated to licensees and contractor personnel without the expressed request to do so by the inspector.
Affected sites are limited to fuel cycle facilities using or possessing formula quantities of strategic special nuclear material. Similar requiroments for power reactor licensees were published-in October 1988. To assist you in this endeavor, enclosed are:
- 1) a 7-Point Request for Rulemaking (Enclosure 1),
- 2) a complete draft rulemaking package (Enclosure 2), and 3) background material (Enclosure 3). We recommend that this rulemaking be submitted to Regions I and 11 for review and coment via a memorandum such as Enclosure 4.
NMSS contact is Priscilla A. Dwyer, x20478. Given the completeness of the enclosures, we would hope that this request can be satisfied in an expedited manner. Thank you for your assistance.
Dritz real17 0.X me Robert M. Barnero, Director
- flOfficeofNuclearMaterialSafety i
and Safeguards
Enclosures:
- 1. 7-Point Request for Rulemaking
- 2. Draft Rulemaking Package
- 3. Background Material
- 4. Memo to Regions DISTRIBlRION:
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REQUEST FOR RULEMAKING - LICENSEES ANNDUNCEMENTS OF INSPECTIONS AT FUEL CYCLE FACILITIES USING OR POSSESSING FORMULA QUANTITIES OF STRATEGIC SPECIAL NUCLEAR HATERIAL 1.
The Nuclear Regulatory Commission (NRC) amended its regulations in 10 CFR Part 50 (53 FR 42939) to ensure that the presence of NRC inspectors at power reactor sites is not announced or otherwise communicated to licensees and contractor personnel without the expressed request to do so by the inspector.
No similar provision currently exists within NRC regulations for inspections at fuel cycle facilities using or possessing a formula quantity of strategic special nuclear material.
This request would initiate rulemaking to amend $673.46 and 74.81 to include such a provision for inspections at such fuel cycle facilities.
2.
This issue needs to be addressed in a timely manner to increase the effectiveness of unannounced inspections at affected facilities.
With-out benefit of this proposed requirement, the utility of an unannounced inspection is lessened.
3.
There is no alternative to rulemaking which will provide the regulatory authority to compel affected licensees not to announce the presence of an NRC inspector on-site. The issuance of orders in place of a rulemaking would not be appropriate or efficient.
4.
The issue will be addressed through rulemaking by amending SS73.46 and 74.81 to explicitly require that the presence of NRC inspectors at affected facility sites not be announced or otherwise communicated to licensees and contractor personnel without the expressed request to do so by the inspector.
LIC ANNOUN OF INSPEC 1
This rulemaking will make unannounced inspections more effective and enable 5.
an inspector to get a more accurate view of normal facility operations, both of which will be of benefit to the public. The rule is expected to have no impact on industry or the NRC with respect to costs or resources.
6.
(Timetable - to be provided by RES) 7.
This rulemaking is a medium to high priority.
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m DRAFT RB281991
- MEMORANDUM FOR:
James M. Taylor Executive Director for Operations FROM:
Eric S. Beckjord, Director Office of Nuclear Regulatory Research
SUBJECT:
LICENSEE ANNOUNCEMENTS OF INSPECTIONS AT CERTAIN FUEL CYCLE FACILITIES Attached for your signature is a proposed rule to be published in the Federal Register that amends 10 CFR Part 73, " Physical Protection of Plants and Mater-ials" and 10 CFR Part 74, " Material Control and Accounting of Special Nuclear Material" (Attachment 1). These amendments propose requirements to ensure that the presence of Nuclear Regulatory Commission (NRC) inspectors at certain fuel cycle facilities is not announced or otherwise communicated to licensees and contractor personnel without the expressed request to do so by the inspector.
Affected facilities are limited to fuel cycle facilities using or possessing a formula quantity of strategic special nuclear material. The intent of the proposed rule is to increase the effectiveness of unannounced inspections and to enable an inspector to get a more accurate view of normal operations at affected facilities.
Similar requirements for power reactor licensees were issued October 25, 1988 (53 FR 42939).
This rulemaking is expected to have no economic impact on affected licensees, the NRC, or the public.
Backfit Analysis:
The Staff has determined that a backfit analysis is not required for this proposed rulemaking because these amendments do not impose requirements on 10 CFR Part 50 licensees.
Notices:
A notice to the Commission that the E00 has signed this rule is enclosed for inclusion in the next Weekly Staff notes (Attachment 2). The appropriate Con-gressional Committees will be notified (Attachment 3).
A copy of the proposed rule will be sent to affected licensees.
02/27/91 LIC ANNOUN OF INSPEC OF MEM0
Ja es M. Taylor 2
TEB 2 81931 Coordination:
The Office of Nuclear Material Safety and Safeguards concurs in these amendments which have also been reviewed in the Office of the General Counsel.
There are no legal objections.
Eric S. Beckjord, Director Of fice of Nuclear Regulatory Research Attachments:
1.
Federal Register Notice of Proposed Rulemaking 2.
Draft Weekly Staff Notes Item l
3.
Draft Congressional Letter l
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LIC ANNOUN OF INSPEC 0F MEMO 2
02/27/91