ML20133H945
| ML20133H945 | |
| Person / Time | |
|---|---|
| Issue date: | 10/09/1985 |
| From: | Dircks W NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| To: | |
| Shared Package | |
| ML20132B800 | List:
|
| References | |
| FRN-50FR34708, RULE-PR-73 AB46-1-02, AB46-1-2, PR-851009, NUDOCS 8510180192 | |
| Download: ML20133H945 (23) | |
Text
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E7590-01]
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'<UCLEAR REGULATCb CCF.'1IS$IC'l 10 CFR Parts 70, 72, 73, and 74 Changes to. Safeguards Reporting Require ents AGENCY:
luclear Regulatory Ccmmission.
ACTICN:
Proposed rule.
SLHMARY:
The Nuclear Regulatory Commission preposes to amend its regula-tions for the reporting of safeguards events.
The procosed rule would clarify the reporting requirements for NRC licensees and would i.Tpreve tne NRC safeguards event data base by requiring more uniform safeguards event reports.
Licensees who will be af fected are power and noncower reactors, fuel cycle facilities, and some transporters, importers and exporters of special ruclear material.
The NRC uses the reportec infor-mation to responc to incicents and to identify potentially generic safe-guards preblems.
The benefits to be derived frcm this action are the elimination of unnecessary reporting (which will result in significant savings for affected licensees and the NRC) and a more uniform and detailed reporting and data analysis system which will provide feedback to the industry for improving safeguards systems.
DATES-Submit comments by Ccements received after this cate will be considered if it is practical to do so, but assur-ante of censideration cannot be given unless ccements are received on or before this Cate.
ACORESS55$ Send comments to:
Secretary of the Ccemissicn, U.S. Nuclear Regulatory Commission, Washington, DC 20555, Attention:
Occketing and Service Branch.
Deliver comments to:
Room 1121, 1717 H Street NW.,
Washington, DC, between 3:15 am and 5:00 pm.
" Insert 90 cays after date of publication in the Federal Register.
8510100192 851009 PDR PR 73 50FR34700 PDR 1
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Examine comments received and the regulatcry analysis at:
The NRC
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Public Occument Room, 1717 H Street IS!.. Wasnington, CC.
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FOR FURTHER INFORMATICN CCNTACT:
Priscilla A. Cwyer, (301) 427-4773
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Regulatory Activities Section, Division of Safeguards, Of fice of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Ccamission, Washington, CC 20555.
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SUPPLEMENTARY INFCRMATICN:
10 CFR 73.71 establishes an event reporting i
program to inform the Commission of safeguards events to permit timely response to incidents. The data from this reporting program allows the t
Commission to determine the significance of events to identify possible generic proclems in safeguards systems.
Paragraphs (a) and (b) of 9 73.71 were first published"in December 1973 (38 FR 35430).
They require reports of unaccounted for shipments of special nuclear material, incidents or attemots of theft or unlawful diversion of special nuclear material, and incidents or attempts of sabo-f tage.
Sucsequently, the Commission determined that it also neeced reports of events which could be indicative of a loss of safeguards caoability or j
circumstances which could be part of an everall plan to commit an act of l
theft ur saoctage.
In response to the Commission concern that a substan-
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tial public hazard could occur as a result of a deficiency in a given
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licensee's safeguards program, an amencment to 10 CFR 73.71 was pro-posed in October 1979 (44 FR 60743) that requires reports of events that t
threaten certain nuclear activities or lessens the effectiveness of a safe-guards system.
This amencment was published in January 1931 (46 FR 4858) in final form, as a new paragraph (c) to S 73.71, i
Since the promulgation of 10 CFR 73.71, the NRC staff has found that the requirements are frequently misinterpreted, that repcrts sub-mitted p' rsuant to the regulation lack uniformity, and that ibsufficient detail is reported for NRC analysis.
Unless these problems can be corrected, the usefulness of these reports in developing an adequate data bsse for generic analysis is limitec. For these reasons, the Cc= mis-sfon is proposing clarifying amendments to 10 CFR 73.71, and issuing revised guidance to assist licensees in determining which events should be reported and to provide a format for doing so.
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AB%"i I
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For clarity, the distinction between an explicit and a potential threat has been removed.
This distinction is new mace clearer in the t
descriptions of reportable events. The categories of major and oderate t
Icsses have been eliminated and replaced by tne cescriptiens of each type I
of loss.
The losses are:
" failures of the safeguards systet that could allow unauthori:ed and undetected access" and " failures that degrade the effectiveness of the system." Events that must be reported are
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l described in a new Appenoix G to Part 73.
The primary impact of the revised reporting requirements on licensees i
will be an approximate 80% decrease in the number of telechonic and j
written reports to the NRC because the twenty-four hour telephonic notifi-s j
cation and associated folicw-up written report requirement has been deleted, t
j This requirement can be deleted because the reviseo requirements will t
ensure that all events requiring immediate NRC resconse will be reported within one hour and those pertinent to NRC analysis activities will be logged for quarterly submittal.
l The requirements of 5 73.71 are censistent with those of SS 50.72
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and 50.73.
Events reported under SS 50.72 and 50.73 are safety-oriented t
in nature; those reported under S 73.71 are security-oriented.
Proposed i
a changes to S 73.71 do not' alter commitments made in response to the 1
requirements of Part 50.
Events of a dual nature, having both safety i
and safeguards impact, do not reoutre duplicate reports.
Information on i
how to report events of a dual nature is provided in a revised Regulatory i
- Guide, i
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This proposed rulemaking also contains conforming amendments to 10 CF't 70.52, 72.52, 73.67, and 74.11 to provide further consistency j
among recorting requirements.
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The Commission received a petition for rulemaking assigned Oceket No. PRM 50-3'6 from the Nuclear Utility Backfitting and Reform Group, (NUSARG)r -As discussed below this proposed rule would grant a portion 1
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of the petition.
The petitioner has requested that the Nuclear Regulatory k
Commission amend 10 CFR SS50.54(p); 50.54(q); 50.55(e); 50.59(b); 50.72(a);
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part 50, Appendix E,Section V; section 73.71; and the Commission's NUREGs f
j on Standard Technical Specifications with respect to certain reporting re-l quirements.
The members of this petitioner are construction and/or oper-
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ating nuclear power reactors used for the production of electricity under t
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licenses issued-by the NRC.
Utilities licensed by the NRC to c::erate nuclear power reactors are currently subject to a variety of recortirg rec.uirements in connection with licensed activities.
The cetitioner sug-gests that the majority of these reporting requirements are valid anc tN purpose they serve justifies the considerable time which must be devoted to meeting them.
However, scme of these recui ements are, in the opinica of the petitioner, excessive and/or duplicative.
Accorcingly, the peti-tiener has preposed that the Commission mccify the various reporting requirements discussed in PRM 50-36 in order to prcmote more efficient use of licensee time and resources.
This proposed rulemaking responds specifically to Section VI of the petition, Reporting Requirements Asso-ciated with 10 CFR 73.71.
In this section, the petitioner suggests that this regulatiun be amenced to provide that tr.e required written reports be submitted by the licensee within 30 days of initial notification ratner than within 15 days.
According to the petitioner, tnis would allow the licensee's staff more time during the critical perica immediately follow-ing such occurrence to devote to the resolution of tne preolem itself and would minimize interference with daily cperations.
The Ccenission agrees that it is desirable to extend this particular recorting period frem 15 to 30 days and has included provisiens to do so in this proposed rulemaking.
EN/IRONMENTAL lMP,ACT:
CATEGCRICAL EXCLUS!CN The NRC has determined that this proposed rule is the type of action described in categorical exclusion 10 CFR 51.22(c)(3).
Therefore neitner an environmental impact statement nor an env'renmental assessment has been prepared for this proposed rule.
PAPERhCRK REDUCTION STATEMENT This proposed rule amends information collection requirements that are subject to the Daperwork Reduction Act of 1980 (a4 U.S.C. 3501 et seq.).
This rule has been submitted to the Office of Management and Eudget for review and approval of the paperwork requirements.
4 Attachment i
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[7590'01) i REGULATORY ANALYSIS The costs to industry will decrease frem the current cost of $972,000 j
per year to $317,800 per year, or a net decrease of over 56 cercent.
This j
is due to the decrease in the numcer of reports that must te made or sub-l l
mitted by affected licensees.
The costs to the NRC will decrease from the current cost of 572,000 per year to $46,800 per year, or a net decrease l
l of 35 percent.
This is due to the redtetion in talephone anc written reports which will result in less time spent by the NRC in documenting j
and analyzing the submittals.
j REGULATORYFLEXIBILIThCERTIFICATION i
1 1
Based on the information available at this stage of the rulemaking proceeding and in accordance with the Regulatory Flexibility Act of 1980, j
5 U.S.C. 605(b), the Cc. mission hereby certifies that if premulgated, I
l this rule will not have a significant economic imcact upon a substantial number of small entities and should result in a reduction in burden to i
affected licensees.
Some transporters', importers, and exporters of stra-i tegic s;ecial nuclear material (SSNM) and spent fuel may be affected by l
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this rule.
Each year out of approximately 600 reported events, about 3 j
come from this group which includes small entities.
The NRC invitas comments from these parties.
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j The proposed rule also affects licensees who coerate nuclear power plants f
l and fuel facilit'es uncer 10 CFR Parts 50 and 73.
The companies that own i
these plants and facilities do not fall within the scope of the definition I
of "small entities set forth in S 605(b) of the Regulatory Flexibility j
Act of 1980,* or within the definition of Small Business Size Standards set out in regulations issued by the Small Business Administration in 13 CFR I
Part 121.
i' LIST OF SUBJECTS IN 10 CFR PARTS 70, 72, 73, AND 7a l
j Part 70 - Hazardous materials - trsnsportation, Nuclear materials, Packaging and containers, Penalty, Radiatien protection, Reporting and l
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[755 -01) recorckeeping require ents, Scientific equicment, Security measures, Special nuclear material.
Part 72 - Manpewer training programs, Nuclear materials, 2ccu:,ational safety and health, Reporting and recorckeeping recuirements, Security ea-sures, Spent fuel.
Part 73 - Hazarcous materials - transcortation, incor: oration by ref-erence, Nuclear materials, Nuclear power plants and reactors, Penalty, Reporting and recordkeeping requirements, Security measures.
Part 74 - Accounting, Material control and accounting, Nuclear mate-rials, Penalty, Reporting and recordkeeping rec;uirements, S;:ecial nuclear material.
For the reasons set out in the preamble and under the authority of the Atcaic Energy Act of 1954, as amenced, the Energy Reorganization Act of 1974, as amended, and 5 U.S.C. 553, notice is hereby given that adop-tion of the following amendments to 10 CFR Parts 70, 72, 73, and 74 is contemclated.
PART 70 - OCMESTIC LICENSING CF SPECIAL NUCLEAR MA75 RIAL 1.
The authority citation for Part 70 is revised to read as follows:
AUTHORITY:
Secs. 51, 53, 161, 132, 133, 68 Stat. 929, 930, 948, 953, 954, as amencec, sec. 234, 83 Stat. 444, as amenced (42 U.S.C. 2071, 2073, 2231, 2232, 2233, 2232); secs. 201, as amended, 202, 204, 206, 28 Stat. 12a2, as amended, 1244, 1245, 1246 (42 U.S.C. 5841, 5842, 5545, 5346).
Section 70.7 also issued under Pub. L.95-501, sec. 10, 92 Stat. 2951 (42 U.S.C. 5851), Section 70.21(g) also issued under sec. 122, 63 Stat.
939 (42 U.S.C. 2152).
Section 70.31 also issued under sec. 57d, Pub. L.93-377, 88 Stat. 475.(42 U.S.C. 2077).
Sections 70.36 and 70.44 also issued under sec. 184, 68 Stat. 954, as amenced (42 U.S.C. 223a).
Section 70.61 also issued uncer secs. ISS, 137, 68 Stat. 955 (42 U.S.C.
2236, 2237).
Section 70.62 also issued uncer sec. 108, 68 Stat. 939, as amended (42 U.S.C. 2138).
For the purposes of sec. 223, 68 Stat. 958, as amenced (42 U.S.C.
2273); SS 70.3, 70.19(c), 70.21(c), 70.22(a), (b), (d)-(k), 70.24(a) and (b), 70.32(a)(3), (5), (6), (d), anc (i), 70.36, 70.39(b) and (c),
70.41(a), 70.42(a) and (c), 70.56, 70.57(b), (c), and (d), 70.53(3)-(g)(3),
6 Attacnment 1
hk (7590-013 and (h)-(j) are. issued under sec. 161b, 63 Stat. 948, as amended (42 U.S.C.
2201(b)); $$ 70.7, 70.20a(a), and (d) 70.200 (c), anc (a), 70.21(c),
70.24(b), 70.32(a)(6), (c), (d), (e), and (g), 70.36, 70.51(c)-(g), 70.55, 70.57(b) and (c), 70.5S(a)-(g)(3) ano (h)-(j) are issued under sec. 161i, 68 Stat. 949, as amended (42 U.S.C. 2201(i)); and sS 70.20b(d) and (e),
70.38, 70.51(b) and (i), 70.52, 70.53, 70.54, 70.55, 70.53(g)(4), (k),
and (1), 70.59, and 70.60(b) and (c) are issued under sec. 1610, 68 Stat.
950, as amended (42 U.S.C. 2201(o)).
2.
Section 70.52 is revised to read as follows:
S 70.52 Reports of accidential criticality or loss or theft or attempted theft of scecial nuclear material.*
[( s)-- Ene n-f i c ens e e-s n af i-rep e r t-iem e di at e ly-to-the-spp ro p ri ete-N RE Regionsi-9ffice-listed-in-Appendix-A-of-Part-73-ef-this enspter-by phene sne-teitgesph;-msiigtsmi er-fsesimiie-sny esse-ef-seeidentai-tritiesiity snd sny-iessi etter-than-nermai-epersting-fess-ef specisi-neciear-esterisi-(b3--Esch-licensee-wne possesses-i grsm-er-mere-ef-contained-ersniem-EES; ersnies-233; er picteni=m-shafi-report-sny-theft er-sttemptec-tneft seceeding to-the requirements-set-cet-in-S-74-il-of-this-ensster-3 (a) Each licensee shall notify the NRC Coerations Center listed in Accendix A of Part 73 of this chaoter within one hour after discovery of any case of accidental criticality or anv loss, other than normal coeratinc loss, of soecial nuclear material.
(b) Each licensee who cassesses 1 gram or more of centained uranium-235, uranium-233, or clutonium shall notify the NRC Ocerations Center listed in Accendix A of Part 73 of this chaoter within one hour after discoverv of anv loss or theft or unlawful diversion of soecial nuclear material which the licedsee is licensed te cessess or any incident in which an attemet has-been made or is believed to have been made to commit a theft or unlawful diversion of such material.
" Comparative text; additions to existing regulations are underlined and deletions are dashed through and enclosed in brackets, 7
AS W (7590-01]
(c) This notificatien must te ace to the NRC 0:eratiers Center via j
the Er.ercency Notification Svstem if the licensee is carty to that system.
If tne Emercenev Notification System is inocerative or unavailsele, the licensee shall make the recuired netification via co mercial telechonic service or other dedicated telechonic system er any otner rethod that will ensure that a recert is received b'.' the HRC 0:erations Center 1 within ene heur.
The exerotion of 573.21(c)(3) acclies to all telechonic recorts recuired bv this section.
(d) Recorts recuired under S73.71 need not be duolicated under the recuirements of this section.
PART 72 - LICENSING REQUIREMENTS FOR THE STORAGE OF SPENT FUEL AT AN INDEPENDENT SPENT FUEL STORAGE INSTALLATION 1.
The authority citation for Part 72 is revised to read as follows:
"UTHORITY:
Secs. 51, 53, 57, 62, 63, 65, 69, 81, 161, 182, 183, 184, 167, 189, 68 Stat. 929, 930, 932, 933, 934, 935, 948, 953, 954, 955, as amended, i
sec. 234, 83 Stat. 444, as amended (42 U.S.C. 2071, 2073, 2077, 2092, 2093, 2095, 2099, 2111, 2201, 2232, 2233, 2234, 2236, 2237, 2239,2282); sec. 274, 73 Stat. 688, as amended (42 U.S.C. 2021); secs. 201, as amended, 202, 206, 38 Stat. 1242, as amended, 1244, 1246 (42 U.S.C. 5341, 5842, 5846); sec. 102, Pub. L.91-190, 83 Stat. 853, as amended (42 U.S.C. 4322).
Section 72.10 also issued under Pub. L.95-601, sec. 10, 92 Stat.
j 2951 (42 U.S.C. 5851).
2.
Section 72.52 is reviseo t: read as follows:
5 72.52 Recorts of accidental criti:ality or loss of special nuclear l
material.
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[Esgn-iicenseeshsiirepert-imedistey-to--hesppropriste-NR6 regionai-effice-specifiee-in-Appeneix-5 ef-Pstt-29 of-this chspter-by teiephone-and-teiegram-or-teletype-any esse ef-seeidentai critiesiity sne-sny-ic:s of-speefei-neciesr-materisi-]
' Commercial telephone numoer of the NRC Operations Center is (202) 951-0550.
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g (a) Each licensee shall notify the NRC Ocerations Center listed in Accendix A of Part 73 of this chacter within ene neur of discovery of accidental criticality or any loss of s::ecial nuclear aterial.
(b) This notification must be made to the NRC Ccerations Center via the Emertency Notification System if the licensee is carty to that system.
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If the Emercency Notificatien Svstem is inocerative or unavailable, the t
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licensee shall make the recuired notification via commercial telechenic I
service or anv ether decicated telechonic system or anv other method that will ensure that a recort is received by the NRC Ocerations Centert I
within i
one hour.
The exemotion of S 73.21 (c)(3) acclies to all telechanic i
reports recuired bv this section.
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(c) Recorts recuired under S 73.71 reed not be duolicated under the recuirements of this section.
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I PART 73 - PHYSICAL PROTECTION CF PLANTS AND MATERIALS j
1.
The authority citation for 10 CFR Part 73 is revised to read l
as follcws:
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AUTliCRITY:
Secs. 53, 151, 68 Stat. 930, 948, as amended, sec. 147, I
94 Stat. 780 (42 U.S.C. 2073, 2167, 2201); sec. 201, 88 Stat. 1242, as i
amended, sec. 204, 88 Stat. 1245 (42 U.S.C. 5841, 5844).
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Section 73.37(f) is also issued under sec. 301, Pub. L.96-295, t
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94 Stat. 789 (42 U.S.C. 5841 note).
For the pur;:oses of sec. 223, 68 Stat. 958, as amended (42 U.S.C.
2 2273); SS 73.21, 73.37(g), 73.53 are issued under sec.161b, 68 Stat.
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as amended (*2 U.S.C. 2201(b)); SS 73.20, 73.24, 73.25, 73.26, 73.27, 73.37, 73.40, 73.45, 73.46, 73.50, 73.55, 73.67 are issued under sec.
1 1611, 68 Stat.
949, as amended (42 U.S.C. 2201(i)); and SS 73.20(c)(1),
73.24(b)(1), 73.26(b)(3), (h)(6), and (k)(4), 73.27(a) and (b), 73.37(f),
f 73.40(b).and (d), 73.46(g)(6) and (h)(2), 73.50(g)(2), (3)(iii)(B) and 4
-(h), 73.55(h)(2), and (4)(111)(3), 73.70, 73.71, 73.72 are issued under r
sec. 161o, 68 Stat. 950, as amended (42 U.S.C. 2201(o)).
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LCommerctal tele::hene number of the NRC Operations Center is (202) 951-0550 L
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A646-(7590-01]
2.
Section 73.67 is revised to read as follows:
S 73.67 Licensee fixed site and in-transit recuirements for the :hysical protection of special nuclear material of moderate and '0w strategic significance.
M M
(e)
(3)
(vii) [Netify-imme:istefy-tne-A:.-4-istrster ef-the-sppropriate-Heciest Regeistery-Ecemissien-Regiensi-Sffice-iiste -in-Appendix-A-ef-tnis part of-tne-setien-eeing-taken-to-tesce-tne shi ment-]
Notifv the NRC Ocerations Center within one hour after the discoverv of the less of tne shf erent and with'n cre nour after recevery cf or accountability for such lost shicment in accordance with the crovisions of 6 73.71 of this cart.
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x (g)
(3)
(iii) Conduct immediately a traca investigation of any shipment that is lost or unaccounted for after the estimated arrival time and (repert te-tne-Nuciesr-Reg:4stery-Ee.missien-ss-speciffe:-in-S-73-71-snd-te-the shipper er-receiver-ss-t:crepriste---F e-ficensee wne-msee-tee physiesi protectien-arrsngements snsii-sise-i.mesistely-nesify-the-Aeministrster of-the seprepriate-Neciest-Regeistory-femmissien-Regiensi-9ffice-iisted in-Appencix-A-ef-the setien-being-tasen-to-trece-tne-shi; ment-3 notify the NRC Ccerations Center witnin cre hcur after the discoverv of the less of the shicment and within ene cur after recovery of or account-ability for such lost shiement in ac:ordance with the crevisiens of S 73.71 of this cart.
3.
Section 73.71 is revised to read as follows:
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M S 73.71 Recorts of unaccounted fer sh4ements, suseected thefts, er unlaw-ful diversions (rscieiegiesf sseetsge-er events-- nnien significantly thresten-er-iessen-the-effectivs ess ef ssfegesrds] and other safe-cuards events.
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[(s3--Esch-iicensee whe-condects-s-trece-investigstien-of-s-sect-ce cese:eented-fer-snipment persesnt-te-S-73:27(:3-snsii-etify-Me-NRE Sperstiens-Eenter vis-the-Emergency-Netifiestien-System-ss-seen-es pessibie--and-in-eii esses within-ene-neer;-ef-the-cetsiis-s-e-rescits ef-its-trace-investigation:--if-the-Emergency-Netifiestien-System-is ineperative-or ensysiisbie;-the-ficensee-shnii-she-the-reteired-netiff-estiens vis-cemmercisi-tefephone-service;-ether-deciested-teiepnene systems;-er-sny-ether-methee-which wili enstre s-repert-bei g-see premetiy-te-the-NRE-Sperstiens-Eenterr--Esch-ficensee wne-eeneett-s trace-investigatien ef-s-fest er ense:eentec-fer-snipment persesnt-te S-73:57(e3fS3(vi3-er-S-75:67(g3(33(iii3-shsii-notify-the-NRE-Sperstiens Eenter vis com ercisf-telephone esing-the-nember previced-in-Appencix-A as-seen-ss pessible;-sne-in sif-sses witnin-ene-heer-ef-nc-detsii:
and-rescits of-its-trace-investigatien;--The-iicensee snsif-sisc-fiie within s peried-of-fifteen-(iS3-days s written report-to-the-sppropriate NRE-Regiensi-Office-setting-ferth-the-detsiis-sne rescits-of-the-trees investigstient--A-cepy ef-tnis written-repert-mest-be-sent-te-the-9f ree-ter;-e f fi c e-o f-i ns p e cti e n-snd-Enf orc eme nt--if: 5-- N eci e e r-R e g ei s te ry Eemmissien--Washingten--SE--E9555:]
[(b3--Esch-iicensee-snaii-netify-the-NRE-6peratiens-Eenter vis-the Emergency-Netifiestien-system ss-scen-ss pessible--snd-in-sii-esses witnin-ene-heer--ef-sny-incieent-in which sn-stte.pt-hss-been-msde--or is-beifevec-to-have-been-sce--to-temmit-s-tneft-cr uniswftf-diversion ef-specisi-neciesr-materisi wnich-it-is-iicensee-to pessess--er-to ce mit sn-set-ef-rsdiciegiesi-sabetage-against-its pisnt-er-transpertatien system:--if-the-Emergency-Netifiestien-System-is-ineperative et-ensysii-seie--the-iicensee shsfi-mske-the-required-netifiestions *vis-cemmereisi teisphene-service--ether-cediested-teitpnent-systems--et-sny-etner-metned unich wiii eescre-s-repert-being-msde premptfy-to-the-NRE-Operstiens i
Eenter --The-initisf-netifiestion-mest-be-foliewed witnin-s peried-ef fifteen-fiS3-days-by-s written-repert-stbmitted-to-the-sppropriste-NRE Regionsi-6ffice-snewn-in-Appendix-A-ef-this part-setting-ferth-tne-detsiis of-the-incident:--Eepies-of-the written repert-ere-to-be-sent-to-the Sirector ef-inspectien-and-Enforcement;-tf S:-Neciesr-Regeistory-Eemmis-sien;-Washingten;-96-E55557--After-the-sebmissien-ef-the-written-report reqeired-by-this psrsgrsph--s-iicensee shsii-immedistely-inferm-the 11
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I 3
[fe)--Esch-iieensee :ncer-either-a specific er genersi-ficense snasi
- n. 4 4. s... w.. q g e. s.. e.. 4... s. :....r...... w.. :.e rg e n ey g e. 4 44.... t. n 4.y s..,... s t
r............
seen ss essibie;-sne-sii esses-within-ene-he=r--ef sny event-which t
i signifiesntiy-threatens-er-iessens-the-effectiveness ef s physiesi sec=-
(
city system ss-estseifshes ey-regeistiens-in-this en:pter--er-by-the
{
iicensee's-sppreved pnysiesi-see rity;-centingency--s-s see rity persen-nei quasi #icatien-and-training piens-er-by-betn --if-the-Emergency Notifiestien-System-is-ineperstive er enevsiisbie;-the-ii~censee-shsii
[
mske-the-required-netifiestiens-vis ce mercisi-teie;nene-service; ether deciested-teie:nene systems--er-eny ether-methee wnich wiii enstre-s i
re ert ceing-made premptly-to-the-NRS-9peratiens-6enterr--This notifi-estien m:st-be-made within-the-time peried-specifie -beiew --The-time perise-begins : pen-discevery ef-the event-ey-sny-memeer-ef-the security ergenicatien or sny etner empicyee-of-the-iieenseer--The-ficensee-shsii submit s written repert-te-the spprepriste-NRS-Regiensi-6ffice;-iistee-in
. ppencix-A ef-this psrt--describing-ine event-in-detail within-5-days-ef
. w.. 4..... s.. w ;......... p.....y. e... g 4 3 wr4.... n.....e.... 3... e.. e n... e s
.s.
..~
tne-Birector of-inspectien sne-Enferce.ent--9:5;-Neciest-Pegeistory
,t Semmiss'en;-Washingten--BE-E6555 --This-netifiestien ane these reperts
'1 satisfy-betn-the netifiestion-requirements of-?srt-Si of-thjs chester-if-the event-is sise-reportsbie encer-? set-fi; snd-s-56:Iffs3f43 o
-ef-this 7.,. 4 4... g. 4 4.. 3 4 e.. 4... p.* t e - '.,.~..~. ~. ~..' e... s '... *. s d. a.. a.. - *.- -. =..- ~
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- 4. e...s,. $. 7 2 7 4.... u.4... n s.... n e................y. e v e n.
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4..,...g..,..e. 7,.cr.e 4.se
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4 12 Atte.chment 1 i
6
A64-c7sso-013 Ruca-*.xs er PayszcAr. Scc:ntz37 Emr:s Netz: This table thould be used in con-junc Ion stth the Respons!bdty Ma:rtz de-velcred under the regre:nents of 10 C7R Part 73. A: endix C-Ucensee Safeguard.:
Ccntingency Plans.
(m RW tr*w to 8vC Estnot evest '
Major ee of cryscal securay e8-_ Wem t runs.
Wem1%2s.
toeppeessa '.
8cie=&al freeg a w19m g4 %
Mact taas of p**rscJJ tearty et. Wirm 24 has1L
'ectswomoes e*tcft Pee teen aroper*y compemenede.
Moocate lose Cf payescaJ seeJwy Wiem 24 Pitwe.
e*ecWeasts 8 M3cerate ela Of D*'vtacad sear *y Ne teoure*"te% esq et c'eChemens w tutyt Pee theen isceatsee a tetorth r
DFLOer'P CG'rIDeneenet
- f resce TPreet An essmat eveel e e'or'=iaten :
try a escisey orgaMauen emet am act of M or re**_
Sanctage med tue aRervisteiL Ad hCerWeee 8 Fief De edued! 18 DS evert e neeer ange gf prerecal SetMer es C1Puemeet A #tese e
.58 Of 98'WBCad SeC5esfy esteC rev *eetree Grese 83Owm en"tAreeste OcEMS (1) umo84 teep We Droper CD'apoplatson GNPo*
Wig adrie=8?tonfed er urtGeterief acKeet 10 meteries accoma e
- W areen.13 shermeats W IOrptma thsentMase gt $$f4u W s achem reactor %,se or at facabee =ceated 14 Do"**eg e'r-suie cuanstes or $$hu. ar (21 =aea rw espe'ww.ae a
systems weee to sumsnan easne resuene tenerne smame-a*nse momende Dr Der apppeandborL Leeatese emert es re'yJred 13 Nf t*e esenarearts**s of 10 CFR T3J0. *2 37 73 $2. &*t$ II $$ # Pef De andD=ect 18 frte eveRL
+ e seret.as sweat A pose *itser Firest a crarmelser sets *=e s
Jw a saadmv orgawatam wrecn aucoces a oesee me an a=.dt of M er secococa ta00iAge ud oe etteace6 44 oce.ances,may es swovce to tr** eveat e.cos r cuy=ceasaiot Acces** cr*corsaiad means a
meanses as specree et a senroy or cervigovey pian er. t-trie enem e not scoe#es e otoer of these pens e m awaauros secreanogros eerisse 10 wies of an ewears acteence t"we cromos a wees of taman=v eewva.eg to inas ennenr=3 ee'Fe T@ event Lace *9eet eesc8 ere recured 'a
- Ine restaterasars 08 ?O CF4 73J3, 73 27 arie 73 50 arWT De tuesect Ig De event
- Wo
-sie.oere's ho.
4 ~,
.r.st et.peysic,a,s secuey ese.cWe.as A ma6 wee m.e.e,re,ecwo en.o.ca.n u..,.,so.,ro.e ea,s oer,.
M8 eos -
.c,.. *,m
. ee f-ar 0..s, or s
eef or wreesectos access to prosec ee er ccnrroaes accese arest Of SrhOr'neas et r"cderale trategat tapewat:anos reunen er m t
-e,a.enal.e?3)
..c.i u. e 4.,Dre.aaComes sg meCl#ffy 'estf e.l DrF#,C,W
, e,s. Ocon.ro 8.e.
.ao e.
n-
..ere
. sci i. ee. e~,.r...~ e,. -
.e, m a,
s.o.4 e..eet -.y s
e NOTE:
The above table is deleted in its entirety.
13
_ - -. _ - - - - - ~ ~.. -.
1 AB46-
- [7590.-01]
l 1
4 73.71(a)(1) Each licensee subject to the orovisions of Ss 73.25, 73.26, 73.27(c). 73.37. 73.67(e), or 73.67(c) shall notifv the NRC Ocerations Center within one hour after discovery of the ! ass of any shiement of SPM or scent fuel. and within one tour after recovery of or 1
accountability for such icst shiement.
(2) This notification' must be made to the NRC Ocerations Center j
listed in Accendix A of Part 73 of this chacter via the Emercency Notification Svstem, if the licensee is carty to that system.
If the j
Emergency Notification Svstem is inocerative or unavailable, the licensee shall make the required notification via commercial telechonic service or other dedicated telechonic systems or any other method that will ensure l
that a recort is received by the NRC Ocerations Center 1 within one hour.
j The exemotion of S 73.21(c)(3) acclies to all telechonic recorts recuired 1
by this section.
)
(3) The licensee shall, uoon recuest of the NRC, maintain an coen i
and continuous communications channel with the NRC Ocerations Center.
1 (4).The initial telechonic notification must be followed within i
j a ceriod of thirty (301 davs by a written reoort submitted to the U.S.
{
Nuclear Reculatory Commission, Document Control Desk. Washington, OC 20555.
j The licensee shall also submit one cocy each to the accrooriate NRC Regional Office listed in Accendix A to this cart and if acclicable the accrooriate NRC Resident Inspector.
l (5) Sicnificant succlemental information which becomes available after the initial telechonic notification to the NRC Ocerations Center or after the submission of the written -ecort must be telechonically recorted i
{
to the NRC Ocerations Center listed in Accendix A of Part 73 of this chacter and also submitted in a revised written recort to the Recional Office. the i
Occument Control Desk and if acolicable the accrooriate Resicent Inscector.
Errors discovered in.a written report must be corrected in a revised recort.
j The revis~ed recort must reolace the crevious recort: therefore, the uodate j
must be a comolete entity and not contain only sucolementary or revised j
information.
Each licensee shall maintain a cooy of the written recort of j
an event submitted under this section as a record for a ceriod of three voars from the date of the report.
4 acommercial telephone number of the NRC Operations Center is (202) 951-0550.
t,
+
14 1
AB%H
[7590-01]
i 4
4 (h)(1) Each licensee subiect to the crovisions of SS 73.20, 73.37 j'
73.50, 73.55, 73.60, and 73.67 shall nctify the NRC Ocerations Center listed in Accendix A of Part 73 of this chacter within one hour of dis-covery of the safeguards events described in caragraoh (I)(1)(1) of Accendix G to this cart.
Licensees subject to the orovisicns of S 73.20, 4
73.37, 73.55, 73.60 and each licensee oossessing strategic soecial nuclear material (SSNM) and subiect to SS 73.67(d) and (e) shall notify the NRC Coerations enter within one hour after discovery of the safeguards events i
]
described in caragraohs I(a)(2), (3), (b), and (c) of Accendix G to this part.
(2) This notification must be made in accordance with the recuire-ments of oaragraohs (a)(2), (3), (4), and (5) 'of this secticn.
(c)(1) Each licensee subject to the provisions of SS 73.20, 73.37, l
73.50, 73.55, 73.60, and each ifcensee oossessing SSNM and subject to i
j.
SS 73.67(d), and 73.67(e) shall maintain a current leg and record the i
safeguards events described in paragrachs II.(a) and (b) of Accendix G to this cart within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> of discovery by a licensee emoloyee or member of the licensee's contract security organizatien.
The licensee shall retain the log of events recorded under this section as a record 1
]
for three years after the last entry is made in each log.
I (2) Every three months, each licensee shall submit to the NRC confes of all safeguards event 100 entries not previously submitted.
Each j
licensee shall submit one cooy each of their log entries to the U.S. Nuclear l
Regulatory Commission, Occument Control Oesk Washington, DC 20555, and if j
acoifcable the accreoriate NRC Resident Insoector.
(d) Each licensee shall submit to the Commission the 30-day written recorts and cooies of the safeguards event 100 entries recuired under the orovisions of this section that are of a cuality which will cer~it I
{
1egible reproduction. and micrographic processing.
If the facility i
is subfect to S 50.73 of this chapter, the licensee shall crepare the 1
i written recort on NRC Forms 366 and 366A.
If the facility is not i
subject to S 50.73 of this chapter, the licensee shall not use these forms but shall prepare the written report in letter format.
In either i
case the report must frclude sufficient information for NRC analysis and evaluation.
j (e) Ouolicate recorts are not recuired for events that are also
)
reportable in accordance with $$ 50.72 and 50.73 of this chapter.
15 I
l
, _ _ _ ~ _ - - - - _ _. _ _ _., -. _. _ _ -... _ _ _. _ _. _, -. _,, - - - _ _.,, -. - - -. _, - -.
h~
[7590-01]
4.
A new Accendix G is added to read as follows:
Accendix G - Recortable Safeguards Events Pursuant to the orovisions of 10 CFR S 73.71(b) and (c). Ifcentees subiect to the crovisions of 10 CFR SS 73.20. 73.37. 73.50, 73.55, 73.60, and 73.67 shall reoort or record. as accrocriate, the follcwing i
safeguards events.
I.
Events to be recorted within one hour after discovery. followed by a written recort within thirty days.
(a) -Any event in which there is reason to believe that a cerson has committed or caused, or attempted to commit or cause. or has made a cred-1 ible threat to commit or cause:
s (1)' A theft or unlawful diversion of soecial nuclear material; or (2) Significant'ohysical damage to any facility cessessing SSNM or its eouiement or carrier eouipment transporting nuclear fuel or scent nuclear fuel, or to the nuclear fuel or scent nuclear fuel ~a facility or carrier oossesses: or
~
(3)
Interruotion of normal coeration of a licensed nuclear onwer reactor through the unauthorized use of or tamoering with its machinery.
comoonents, or controls including the security system.
(b) Any failure of a safeguards system or discovered non-inherent vulnerability in a system that could allow unauthorized or undetected access to a protected area, material access area, controlled access area. vital area, or transoort for which croper comoensatorv measures have not been established.
A "procer comoensatory measure" for a carticular safeguards t
event as used in this Aopendix means a measure that is scecified'in a security or contincency plan or security procedure.
If the carticular t
safecuards event is not described in a clan or orocedure, then a "crocer comoensatory measure" means a measure imolemented within 10 minutes of 1
an event's. discovery that orovides a level of security essentially ecuiva-lent to that existing before the event.
(c) Any unauthorized entries through a required barrier (whether or i
not the event is properly comoensated.)
16 a,
n
h
~
(7530-013 II.
Events to be recorded within 24 heurs and submitted in cuarterly leg (a) Any failure of a safeauards system or discovered non-inherent vulnerability in a systsm that could allow unauthorized or undetected access to a orote,c*ed area. material access area, controlled access area.
g Vital area, or transoort for which orecer comoensatory measures have been established.
(b) Any other failure of a safecuards svsten not included in caracraoh II.(3) of this accendix if the failure decrades the effective-ness of the system.
PART 74 - MATERIAL CONTROL AND ACCOUNTING OF s
The authority citation;for Part 74 continues to read as follows:
AUTHORITY:
Secs. 53, 57, 161, 192, 183, 68 Stat. 930, 932, 948, 953, 954, as amended, sec. 234, S3 Stat. 444,- as amended (42 U.S.C. 2073, 2077, 2201, 2232, 2233, 2282); secs. 202, 206, 88 Stat. 1244, 1246 (42 U.S.C.
5842,5846).
For the purposes of sec. 223, 68 Stat. 958, as amended (42 U.S.C.
2273), SS 74.31, 74.81,'and,74.82 are issued under secs. 161b and 1611, 68 Stat. 948, 949, as amended \\(42 U.S.C. 2201(b), 2201(i)); and SS 74.11, 74.13, and 74.15 are issued under sec. 161o, 68 Stat. 950, as amended (42 U.S.C. 2201(o)).
2.
Secticn 74.11 is revised to read as follows.
S 74.11 Reports of loss or theft or attempted theft of special nuclear material.
(a);.Each_ licensee who-possesses 1 gram or more of contained uranium-235, uranium-233, or plutonium shall [repert-immediateiy-to-the apprepriate,NRE-Regiensi-Sffice-iisted-in-Appendix-A-of-Pstt-73 of-this chapter-by-teiephone and-telegraph--maiigram--or-facsimif e] noti fy the NRC Coerations Center listed in Accendix A of Part 73 of this chacter within i hour of discovery of any loss or theft or other unlawful diver-sion of special nuclear material which it is licensed to possess, or any 17 i
1
)
)~
__ [7590-01]
incident in which an attempt has been nade to commit a theft or unlawful diversion of special nuclear material [in-s:::rd:r.ce-with-the prec:c=res in-s-73-71 of-this-chepter].
This requirement does not pertain to measured e
discards or inventory difference quantities.
i (b) This notification must be made to the NDC Ocerations Center via the Emercency Notification System if the licensee is carty to that system.
If the Emercency Notification System is inocerative or unavailable, the
[
licensee shall make the recuired notification via cc=mercial-telechonic service or other dedicated teleohonic systen or any other method that will ensure that a recort is received by the NRC Ooerations Center 1 within one hour.
The exemotion of S 73.21(c)(3) acclies to all telechonic reports recuired by this section.
(c) Recorts recuired under S 73.71 need not ce duolicated under the recuirements of this section.
1 Dated at Bethesda, Maryland this day of
, 1985.
For the Nuclear Regulatory Commission.
Wi l liam J. 01 rc::s,
Executive Director for Operations.
i t
2 Commercial telephone number of the NRC Operations Center is (202) 951-0550 i
18
~.
i-2-
AB%-l
\\
REGULATORY ANALYSIS 1.
PROPOSED ACTION I
r 1.1 Descriction I
l The Commission proposes to revise 10 CFR Part 73 to clarify ard improve i
the reporting requirements for safeguards events.
This effort inciudes con-f forming amendments to 10 CFR Parts 70, 72. 73 and 74.
1
- 1. 2 Eackcround of and Need for Procosed Acticn f
In 1973, the Commission established safeguards reporting regt irements in t
order to be kept informed of events potentially inimical to public healtn and
(
l safety.
These requirements solicited specific reports of unaccounted for ship-i t
i
- o.ents, incidents and attempts of theft or unlawful diversion of scecial nuclear a
material, or incidents and attempts of sabotage.
It was determinec, however, f
at a later date, that the Commission required reports of events that represent i
(
a loss of safeguards capability or are indicative of an overall plan to commit an act of theft or sabotage.
The Commission was concerned that a substantial safety hazard could occur as a result of a deficiency in the safeguards system.
i In response to this concern, an amendment to 10 CFR S 73.71 was proposed in f
Octocer 1979 (*4 FR 60743) requiring reports of events threatening or lessening
[
the effectiveness of the safeguards system.
This amendment was puolished in f
January 1981 (~5 FR 4858) as a new paragraph (c) to 5 73.71.
The purpose of paragraph. (c) is to provide information concerning security system failures
{
whereby the NRC could identify recurrent safeguards problems and generic issues.
l t'
The intention i,s to keep pertinent NRC Offices informed of problems at facil-j i
ities, so that security problems can be identified and eliminated.
)
Since the promulgation of 6 73.'71, licensees have commented that the f
reporting requirements are confusing.
This has led to inconsistencies in what
{
is reported and the level of detail provided.
Without some level of uniformity i
and detail, the usefulness of such reports is limited because an adequate data l
3 l
base cannot be established for generic' analysis.
To recuce this confusion, the 1
l i
1 Attachnent 3
[
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f64i j
j
!;RC is proposing revisions to S 73.71 along with conforming amendments to i
sf 70.52, 72.52, 73.67, and 74.11 and issuing a revised regulatory guide (5.62) to assist licensees in determining what shoul' be reported and to provide a d
{
format for doing so.
4 1
1.3 Value Imoact of Precosed Action I
1.3.1 -NRC Ooerations The proposed revisions and associated guidance will facilitate analysis of safeguards events by requiring standardized reporting.
NRC costs will be t
a decreased because of the decrease in number of telephonic and written reports i
j notwithstanding an increase in time to analy:e more detailed written reports.
Reports of transportation / import / expert events are so infrequent (comprising l
~% of the events) that a separate cost analysis was not done.
These events are included as part of the 600 safeguards event reports received annually by the NRC.
Current NRC headouarters costs are estimated to be:
1 Occumenting and analyzing reports (600 telephonic reports /yr/
1 0.5 hr/ report x $60/hr) 4 (600 written reports /yr x 1.0 hr/
report x $60/hr) + (600 log entries /yr/0.5 hr/ entry x $60/hr)...... $72K 1
NRC costs after revisions to 10 CFR S 73.71 are estimated to be:
i.
(assuming an 80% reduction in telephonic and written recorting,
(
and a 20% reduction in log entries) (120 telephone reports /yr/
j 1
0.5 hr/ report x $60/hr) + (120 written reports /yr x 4.0 hrs /
report x $60/hr) + (480 log entries /yr x 0.5 hr/ entry x 360/hr)....
546.SK*
\\
j 1.3.2 InIQitrv Ooerations l
The proposed revisions to 10 CFR S 73.71 are expected to reduce the burden on the licensees due to the reduction in telephonic and written report notwith-l standing an increase in written report content.
I "The 525.2K cifference represents less than 0.5 man years of effort distributed j
over headquarters IE, NMSS, AE00, and the Regions.
Therefore. this amendment f
should not require formal changes to of fice budgets.
2 i
t
7 f
~
l Current Costs to the Industrv c
1 j
(Assuming 600 reports mace annually to the NRC pursuant to S 73.71 civided by 61 sites-acproximately 9.8 reports / site / year are filed.)
j The numter of reports _mada by other licensed facilities and carr'ers.is negligible.
Telechonic Recorts-
+
t
?
(Assuming 1.5 hrs / report x 9.8 reports / site x $60/hr)
I r
site cost / year..........................................
S.68K j
I Industry Cost / year.......................................
{
$54K 1
L
}
Written Recorts 5
l (Assuming 25 hours2.893519e-4 days <br />0.00694 hours <br />4.133598e-5 weeks <br />9.5125e-6 months <br /> / report X 9.8 reports / site i
X $60/ hour) site cost / year...............................
,5
$14. 7K I n d us t ry Co s t /y e a r.......................................
5900K 6
i j
Loc Entries i
1 i
(Assuming 0.5 hrs / report x 9.8 reports / site x $60/hr t
i s i t e c o s t/y r.........................................
t 50.3K I
j I n d u s t ry c o s t /y r.......................................
4 Total Costs / Site..................................................
$1SK
$15.9K To t a l C o s ts ( I n du s t ry )..............................
i i
$972K i
New Estimated Costs to the Industry i
t Telechonic Reoorts I
i
)
(Assuming a'n80% reduction in telephonic reports -
i t
t 2.0 reports / site x 1.5 hrs x $60) site cost / year...............
t
$0.18K Industry Cost /yr...............................................
$11K i
t
?
(
i t
f 3
t 5
h
AB46-1 Written Recorts
~
(Assuming an 80% reduction in writtan reports and 40 hrs /
recort - 2.0 reports / site x 40 hrs x 560) site cost /yr.
24.8K Industry cost /yr.
3292.SK Loc Entries (Assuming an 20% reduction in log entries and 0.5 hrs / entry -
7.3 entries / site /0.5 hr/ entry x $60) site cost /yr.......
..... $0.23K I nd u s t ry c o s t /y r................
$14.0K Total Cost / Site......
55.21K Total Costs (Industry).......................................
.... '.. $317.8K Total Cecrease (Industry /yr)....................
$654.2K 1.3.3 Other Government Acencies The proposed action is not expected to affect other government agencies.
~
- 1. 3. 4 The Public The tenefit to the public is reduced cost and better protection of nuclear power facilities because the NRC's ability to assess generic short-comings of security systems and thereby recommend or initiate improvement is increased.
- 1. 4 Decision on Procosed Action The tenefit tq be derived from this action is (1) a recuction in burden to the industry.and (2) a more unifori and detailed data analysis system which would provide feedback to the industry for improving their safeguards systems.
i 4
A646; 2.
STATUTCRY CCNSIDERATICNS 2.1 NRC Authority The Atomic Energy Act of 1954, as amended, Section 161(2) provides author-ity for the Commission to prescribe regulations designed to protect the public health anc minimize danger to life or property.
- 2. 2 Need for Envirenrental Assessment This preposed rule is the type of action described in categorical exclusion 10 CFR 51.55(c)(3).
Therefore, neither an environmental impact state. ment nor an envircemental assesscent has been prepared for this proposed rule.
- 2. 3 Relatienshio :: Other Existinc or Precosed Reculatiers These proposed regulations have been developed to be consistent and ccmcatible with the present event reporting requirements for power reactors (10 CFR 50.72 and 50.73) and to establish a comparable level for licensees authori:ed to utili:e er possess SNM.
Evolving proposed 'RC regulations have been considered to the extent practicaole.
[
5 l