ML20133J027
| ML20133J027 | |
| Person / Time | |
|---|---|
| Issue date: | 01/18/1985 |
| From: | Jennifer Davis NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| To: | Cunningham G, Heltemes C, Norry P NRC OFFICE FOR ANALYSIS & EVALUATION OF OPERATIONAL DATA (AEOD), NRC OFFICE OF ADMINISTRATION (ADM), NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| Shared Package | |
| ML20132B800 | List:
|
| References | |
| FRN-50FR34708, RULE-PR-73 AB46-1-10, NUDOCS 8510180233 | |
| Download: ML20133J027 (23) | |
Text
{{#Wiki_filter:t-
/ .-%'o ~ UNITED STATES A g g lW -
g o
.p NUCLEAR REGULATORY COMMISSION WASHING TON, D. C. 20666 Dk \...../ .
JM! 1 r 1985 MEMORANDUM FOR: Patricia G. Norry, Director v' Office of Administration C. J. Heltemes, Director Office for Analysis and Evaluation of Operational Data Guy H. Cunningham Executive Legal Director Richard C. DeYoung, Director Office of Inspection and Enforcement Harold R. Denton, Director Office of Nuclear Reactor Regulation Joseph J._Fouchard, Director Office of Public Affairs Robert B. Minogue, Director Office of Nuclear Regulatory Research FROM: John G. Davis, Director Office of Nuclear Material Safety and Safeguards
SUBJECT:
PROPOSED REVISIONS TO 10 CFR 73.71, REPORTING REQUIREMENTS FOR SAFEGUARDS EVENTS The subject proposed rulemaking, which you previously concurred upon, has been revised in response to Comittee to Review Generic Requirements coment. The revisions in part improve consistency with other reporting requirements and refine the regulatory analysis for the rulemaking. The format of the package hasfalso been changed to reflect the determination that this rule may be published under Executive Director for Operations signature in accordance with 10 CFR 1.40(c) and (d). Enclosed is an annotated copy of the rulemaking for your review with revisions highlighted. We believe that your previous concurrence will stand in view 8510180233 851009 50 34708 PDR
r-s i
-2 of the nature of the changes. Please confirm your concurrence or provide comments to Priscilla A. Dwyer, SGPR, x74773 by c.o.b. Friday, February 1, 1985.
O
!/&
John G. Davis, Director Office of Nuclear Material Safety and Safeguards
Enclosure:
7 Revised Rule Package l .
r o ,. 'c,
, UNITED STATES (g .f3
, 7 ..
~; - Ct. EAR REG.Ut3 TORY,COMMISSIO,M
.;wasamTouc.zossa, - -
* , 12 <* -
's,,. M /a ..p~.:n 4 & r.a ,0,:.,. x ,wy~
- , .c. .,
-e s eiw.:.
.a?hhlh .%:: .. .
c .[:,- - 4 t.. , g . g.
. !_? 2. .: .
MEMORANDUff FOR WiTT.fant J Ufrcks
, ;- Executive Qfrector f' or Operations.
FROM:. Jahr: G. Davis, Director Office of Nuclear Material Safety and Safeguards
SUBJECT:
PROPOSED REVISIONS TO 10 CFR 73.71 -- REPORTING OF SAFEGUARDS EVENTS Enclosed for your signature is a Federal Register Notice that proposes amendments to 5 73.71, Reporting Requirements for Safeguards Events, to improve the clarity and effectiveness of the present rule. In summary, the revisions to i 73.71 will: o clarify to licensees the safeguards events that mus'. be reported, o extend the period of time for submittal of licensee written reports,
~
o assure standardized and sufficient report-making to assist NRC data evaluation, o eliminate telephonic notifications deemed unnecessary by the staff, and o assure a consistent and comparable level of reporting for safety and safeguards events. The proposed requirements of 5 73.71 are consistent with those of 55 50.72 and 50.73. Events reported under 55 50.72 and 50.73 are safety-oriented in nature; those reported under 5 73.71 are security-oriented. Proposed changes to 5 73.71 would not alter commitments made in response to the requirements of Part 50. Event's of a dual nature, having both safety and safeguards impact, ' would not requir.e duplicate reports. Notices: This croposed rulemA ing will be distributed to affected licensees and other interested persons. A revised regulatory guide (Enclosure 2) will be issued concurrently with publication of this amendment. The Regulatory , Analysis (Enclosure 3) will be placed in the NRC Public Document Room. A public announcement will be issued (Enclosure 4). The appropriate Congressional Committees will be advised of these actions (Enclosure 5). A notice to the l Commission that the EDO has signed this proposed rule is enclosed for inclusion in t!e1 next Daily Staff Notes (Enclosure 6). 9
- W y .- d - ,,..<.fr.ph4:f- '
, M ,,; _
- .. h w'17. y ,v W Q .*g .['~ C '
- Mf1Tfam
- Ji. Drects,. ED0 ' ' --
. .- . 3.
_... .s...: .. - - 2^-
.. ' :. . p-
,WL2Ag.!.?-e.L$.
. . ., ar < <, F' .,. .'. g Coordination:
'The; Offfce of the Ex' ecutive Legal Director has no legal
objection and the Offices, of Administration, Analysis and Evaluation o and' Nuclear R'egulatory Research concur in the pro la CFR Part 73'.71*
.r .
John d. Davis, Director Office of Nuclear Material Safety and Safeguards
Enclosures:
1. FR Notica of Proposed Rulemaking
- 2. Revised Reg. Guide 3 Regulatory Analysis 4
- 5. DraftDraft Public Announcement
' Congressional Ltr
- 6. Draft paily Staff Notes Item e
M
.m
- OW I
L
r-
- J Acoroved for Publication i In a final rule published March 19, 1982 (47 FR 11816), the Commission delegated to the E00 (10 CFR 1.40(c) and (d)) the authority to develop and promulgate rules as defined in the APA (5 U.S.C. 551(4)) subject to the limitations in NRC Manual Chapter 0103, Organization and Functions, Office of the Executive Ofrector for Operations, paragraphs 0213, 038, and 0310. The enclosed proposed rule entitled, " Report of Unaccounted for Shipments, Suspected Thefts, or Unlawful Diversions and Other Safeguards Events," amends 10 CFR Part 73 by revising 10 CFR 73.71 to improve the clarity and effectiveness of the present safeguards reporting requirements. In issuing this proposed rule, the EDO is acting in accordance with the general policy guidance provided by the NRC in a final rule establishing the Commission's policy on the reporting of safeguards events (47 FR 11511).
This proposed rule does not constitute a significant question of policy, nor does it amend regulations contained in 10 CFR Parts 0, 2, 7, 8, 9 Subpart C, or 110. I therefore find that this proposed rule is within the scope of my rule-making authority and am proceeding to issue it. Date William J. Oircks Executive Director for Operations l ,
O )
- ATTACHMENT 1 Federal Register Notice e e f
l i k
[7590-01] NUCLEAR REGULATORY COMMISSION l 10 CFR Parts 70 and 73 Changes to Safeguards Reporting Requirements
!.icjacus ufko WLLL Y' &$!KU
- %w.u) GmA Atp c-t r W.)
AGENCY: Nuclear Regulatory Commissio . M ,,OmtO s IM3#dP h C' 0 Obe, k W nca)Co bnt.f M -lMALt d u a ACTION: Proposed rule. yM ' 4 ( c u..f; /1 4 M cCMW N
SUMMARY
- The Nuclear Regulatory Commission proposes to amend its regula-i tions for the reporting of safeguards events. The proposed rule would clarify the reporting requirements for NRC licensees and would improve [
the NRC safeguards event data base by requiring more uniform safeguards eventreportsgheNRCusesthereportedinformationtorespondtoinci- , t m dents and to identify potentially generic safeguards problems. The bene-y- fits- to
---be L der ved from this action are h the elimination of unnecessary Mmg e.f- Muy reporting andt (2 amore,uniformanddtailedreportinganddqtaanalysis h O a e,X. DL, A/ 4Os sistem , ich w1TI provide feedback to the industry for improving safe- i guards systems. !
DATES: Submit coments by e I.*2Commentsreceived after this date will be considered if it is practical to do so, but assur-ance of consideration cannot be given unless comments are received on or before this date. hsert 90 days after date of publication in the Federal Register,
, s. nn h w .~. r s i u w n x , p w w] d / N f W 4 A.2.4.,0 A.) G J bA.a^ L 0-
*'U- Y cAtta
$ae'nT 1..
o>
. uu
- r. Q. dsZe. s,,~ Ghr n
, > . ~ ,,um J > -
) -
O
- l
[7590-01] SlWlup ADDRESSES: 5e' nd comments to:qu.S. Nuclear Regulatory Comission, V Washington, DC 20555, Attention: Docketing and Service Branch. Deliver comments to: Room 1121, 1717 H Street NW. , Washington, DC, between 8:15 , am and 5:00 pm. doyus/nuai./ 'c(g6"db*** / Examine comments received and the regulatoryQvaluatiMat: The NRC - Public Document Room,1717 H Street NW. , Washington, DC. FOR FURTHER INFORMATION CONTACT: Priscilla A. Dwyer, (3 27-4773 or V Craig Flury, (301)427-4392, Regulatory Activities Section, Division of P Safeguards, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Comission, Washington, DC 20555. SUPPLEMENTARY INFORMATION: 10 CFR 73.71 establishes an event reporting program to inform the Commission of safeguards events to permit timely response to incidents. The data from this reporting program allows the Commission to determine the significance of events to identify possible generic problems in safeguards systems. Paragraphs (a) and (b) of S 73.71 were first published in December 1973 (38 FR 35430). They require reports of unaccot.nted for shipments of special nuclear material, incidents or attempts of theft or unlawful diversion of special nuclear material, and incidents or attempts of sabo-tage. Subsequently, the Commission determined that it also needed reports of eve'nts which could be indicative of a loss of safeguards capability or circumstances which could be part of an overall plan to commit an act of theft or sabotage. In response to the Commission concern that a substan-tial public hazard could occur as a result of a deficiency in a given I 2 Attachment 1 L
i e . [7590-01] licensee's safeguards program, an amendment to 10 CFR 73.71 was pro- , l posed in October 1979 (44 FR 60743) that requires reports of events that threaten certain nuclear activities or lessen the effectiveness of a safe-guards system. This amendment was published in January 1981 (46 FR 4858) in final form, as a new paragrap'h (c) to S 73.71. Since the promulgation of 10 CFR 73.71, the NRC staff has found i that the requirements are frequently misinterpreted, that reports sub- ! mitted pursuant to the regulation lack uniformity, and that insufficient detail is reported for NRC analysis. Unless these problems can be corrected, the usefulness of these reports in developing an adequate data base for generic analysis is ifmited. For these reasons, the Commis-sion is proposing clarifying amendments to 10 CFR 70.52 and 73.71 and hub issuing revised guidance to assist licensees in determining which events { should be reported and to provide a format for doir.g so. For clarity, the distinction between an explicit and a potential threat has been removed. This distinction is now made clearer in the j descriptions of reportable events. The categories of major and moderate losses have been eliminated and replaced by the descriptions of each type j of loss. The losses are: " failures of the safeguards system that could allow unauthorized and undetected access" and " failures that degrade the effectiveness of the system." Events that must be reported are described in a new. Appendix G to Part 73. The primary impact of the revised reporting requirements on licensees will be an approximate 80% decrease in the number of telephonic and written reports to the NRC because the twenty-four hour telephonic notiff-cation and associated follow p written report requirement has been deleted. This requirement can be deleted because the revised requirements will 3 Attachment 1
e [7590-01] ensure that all events requiring immediate NRC response will be reported within one hour and those pertinent to NRC analysis activities will be , logged for quarterly submittal. ,% It is noted that this proposed rulemaking in part responds to a petition for rulemaking from the Nuclear Utility Backfitting and Reform iM
"<,3.-
~
Group (NUBARG). This petition suggests that written reports required by 10 CFR 73.71 be submitted by the licensee within 30 days of initial hDDED safeguards event notification. This suggestion is adopted in this rule-making. The requirements of 9 73.71 are consistent with those of SS 50.72 4 and 50.73. Events reported under SS 50.72 and 50.73 are safety-oriented in nature; those reported under S 73.71 are security-oriented. Proposed 4 changes to S 73.71 do not alter commitments made in response to the requirements of Part 50. Events of a dual nature, having both safety and safeguards impact, do not rec,uire duplicate reports. This proposed rulemaking also contains a conforming amendment to ABDED 10 CFR 70.52 to provide further consistency among reporting requirements. ! ENVIRONMENTAL IMPACT: CATEGORICAL EXCLUSION l l The NRC has determined that this proposed rule is the type of l action described in categorical exclusion 10 CFR 51.22(c)(3). Therefore neither en environmental impact statement nor an environmental assessment l has been prepared for this proposed rule. 4 Attachment 1
i [7590-01) l PAPERWORK REDUCTI0t'~ STATEMENT This proposed rule amends information collection requirements that are subject to the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.). This rule has been submitted to the Office of Management and Budget for review and approval of the paperwork requirements. REGULATORY ANALYSIS D The net decrease in cost to the NRC due to the reduction in
#,25, 2c o /W telephonic and written reports received is $25.2K/ym The net decrease h
% in cost to licensees du$e to the decrease in reports that must be made D
#(o$ 8, 0 0 /{f .* v $
or submitted is $444F4r, industry wide. h i t 9 ' f REGULATORY FLEXIBILITY CERTIFICATION
, Based on the information available at this stage of the rulemaking proceeding and in accordance with the Regulatory Flexibility Act of 1980, 5 U.S.C. 605(b), the Commission hereby certifies that if promulgated, this rule will not have a significant economic impact upon a substantial number of small entities and should result in a reduction in burden to affected 1Jcensees. There is . ;:-eih4M iy Lirat bme transporters, importers, and exporters of strategic special nuclear material (SSNM) and rr4 f.3 spent fuel M be affected by this rule.) The NRC invites comments from these parties. The proposed rule also affects ifcensees who operate nuclear power plants and fuel facilities unde; 10 CFR Parts 50 and 73.
f a c.$.s y 6L U b h O- W ' tLifl4y DOO ') by &' aju.01; 8 % ftenu % At*u-{w w Akh in clak.a) gyyid(, M(,Lo 5 Attachment 1
t (7590-01] The companies that own these plants and facilities do not fall within the scope of the definition of "small entities" set forth in S 605(b) of the Regulatory Flexibility 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 Part 121. LIST OF SUBJECTS IN 10 CFR PARTS 70 AND 73 Part 70 - Hazardous materials transportation, Nuclear materials, Y Packaging and containers, Penalty, Radiation protection, Reporting and recordkeeping requirements, Scientific equipment, Security measures, Special nuclear material. Part 73 - Hazardous material transportation, Incorporation by refer- / ence, Nuclear materials, Nuclear power plants and reactors, Penalty, Reporting and recorakeeping requirements, Security measures. For the reasons set out in the preamble and under the authority of the Atomic Energy Act of 1954, as amended, 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 and 73 is contemplated. PART 70 - DOMESTIC LICENSING OF SPECIAL NUCLEAR MATERIAL NEW SECTION 1.; . The authority citation for Part 70 is revised to read as ADDEC) follows: AUTHORITY: Secs. 51, 53, 161, 182, 183, 68 Stat. 929, 930, 948, 953, 954, as amended, sec. 234, 83 Stat. 444, as amended (42 U.S.C. 2071, t 6 Attachment 1 l
-- -- - _. -_. . = _ - _. . -
(7590-01] 2073, 2201, 2232, 2233, 2282); secs. 201, as amended, 202, 204,,206, 88 Stat. 1242, as amended, 1244, 1245, 1246 (42 U.S.C. 5841, 5842, 5845, 5846). Section 70.7 also issued under Pub. L. 95-601, sec. 10, 92 Stat. 2951 (42 U.S.C. 5851), Section 70.21(g) also issued under sec. 122, 68 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
~
i issued under sec. 184, 68 Stat. 954, as amended (42 U.S.C. 2234). Section 70.61 also issued under secs. 186, 187, 68 Stat. 955 (42 U.S.C. 2236,2237). Section 70.62 also issued under sec.108, 68 Stat. 939, as amended (42 U.S.C. 2138). For the purposes of sec. 223, 68 Stat. 958, as amended (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), and (i), 70.36, 70.39(b) and (c), 70.41(a), 70.42(a) and (c), 70.56, 70.57(b), (c), and (d), 70.58(a)-(g)(3), and (h)-(j) are issued under sec. 161b, 68 Stat. 948, as amended (42 U.S.C. 2201(b)); SS 70.7, 70.20a(a), and (d) 70.20b (c)', and (e), 70.21(c), 70.24(b), 70.32(a)(6), (c), (d), (e), and (g), 70.36, f 70.51(c)-(g), 70.56, 70.57(b) and (d), 70.58(a)-(g)(3) and (h)-(j) are ' issuedundersec.h,68 Stat.949,asamended(42U.S.C.2201(i));and v . 4 SS 70.20b(d) and (e), 70.38, 70.51(b) and (i), 70.52, 70.53, 70.54, 70.55, 70.58(g)(4), (k), and (1), 70.59, and 70.60(b) and (c) are issued under sec. 161o, 68 Stat. 950, as amended (42 U.S.C. 2201(o)).
- 2. Section 70.52 is revised to read as felicvs:
S 70.52 Reports of accidential caiticality or loss or theft or attempted theft of special nuc' ear material. 7 Attachment 1
i [7590-01) (a)_ Each licensee shall report immediately to the [ appropriate-NRE NRC Regional-8ffice-14,sted-in-Appendix-A-ef-Part-73 y< chat- k. ht fa c . s dW A Q. ITe d 75 cQ Ibef-this-chapte Operations Center by telephone and telegraph, mailgram or fadsimile any, , g'3 case of accidential criticality and any loss, other than normal operating loss, of special nuclear material. (b) Each licensee who possesses 1 gram or more of contained uranium-235, uranium-233, or plutonium shall report immediately to the [ appropriate-NRE-Recional-Offge-listed-in-Appendix-A-ef-Part-73 of-this i hTLJ % 45Indb6 A 4 Pat / 73 chapter] NRC Operations Center by telephone and telegraph,p mailgram or b G4, f Tg facsimile any theft or other unlawful diversion of special nuclear 8 material W
% .UCL n c40 is licensed to possess, or any incident in which an attempt has been made or is believed to have been made to commit a theft or unlawful diversion of such material in accordance with the procedures in S 73.71 of this chapter.
PART 73 - PHYSICAL PROTECTION OF PLANTS AND MATERIALS
- 1. The authority citation for 10 CFR Part 73 is revised to read as follows:
AUTHORITY: Secs. 53, 161, 68 Stat. 930, 948, as amended, sec. 147, 94 Stat. 780 (42 U.S.C. 2073, 2167~, 2201); sec. 201, 88 Stat. 1242, as amended, sec. 204, 88 Stat. 1245 (42 U.S.C. 5841, 5844). Section 73.37(f) is also issued under sec. 301, Pub. L. 96-295, 94 Stat. 789 (42 U.S.C. 5841 note). , For the purposes of sec. 223, 68 Stat. 958, as amended (42 U.S.C. 2273); SS 73.21, 73.37(g), 73.55 are issued under sec.161b, 68 Stat. 948, as amended (42 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. 8 Attachment 1
[7590-01] 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), 73.40(b) and (d), 73.46(g)(6) and (h)(2), 73.50(g)(2), (3)(iii)(B) ano (h), 73.55(h)(2), and (4)(iii)(B), 73.70, 73.71, 73.72 a e issued under sec. 161o, 68 Stat. 950, as amended (42 U.S.C. 2201(o)).
- 2. Section 73.71 is revised to read as follows:
a a *
- a S 73.71 Reports of unaccounted for shipments, suspected thefts, or unlaw-ful diversions [radielegical sabotage-or events-- which significantiy threaten-or-fesse.vthe effectiveness of-safeguards] and other safe-guards events.*
[(a)--Esch-iicensee whe conducts-a-trace-investigation-of-a-fe:t or enaecounted-for shipment persaant-to-S-73:27(c) shafi netify-the-NR6 Operatiens-6 enter-via-the-Emergency-Netification-System as-seen as possibie- and-in-ali-cases within-one-hour--of-the-detsiis-and-results of-its-trace-investigation:--if-the-Emergency-Netification-System-is ineperative or anavailable--the-ficensee-shali make-the-required notifi-cations via commercial-telephone-service- ether-dedicated-telephone l l systems--er any-ether-methed-which will ensare-a-report-being-made ! promptly-te,-the-NRS-Operations-6 enter --Esch-iicensee-who-conduct a trace-investigation-of-a-lest-er anacceanted-for-shipment persaant-te S-YS-67(e)(3)(vi)-er-5-73:67(g)(3)(iii) shall-notify-the-NR6-Operations 6 enter via commerciai-telephone-asing-the number provided-in-Appendix-A
- Comparative text: additions to existing regulations are underlined and deletions are dashed through and enclosed in brackets.
3 9 Attachment 1
[7590-01] as seen-as possibie;-and-in-aff-esses within one-hear of-the-details and-rescits of-its-trace-investigation:--fhe-4icensee shafi aise-file within a peried-of-fif teen-(153-days-a written-report-to-the-appropriate NRE-Regional-effice setting-forth-the-details and-resuits of-the-trace investigation---A-eepy-of-this-written-repert-mest-be-sent-to-the-Biree-ter--Office of-inspection-and-Enforcement;-8:5:-Naclear-Regaintery Eemmission--Washingten--BE--20555-] [( b3 -- Es ch-li ce ns e e- s haf i- noti fy- the- N RE-Op e rati o n s - Ee nte r- vi a- the , Emergency-Netificatien-System-as-seen-as pessible--and-in-ali-cases within-one-hour--of-any-incident-in-which an-attempt-has-been-made;-er is-believed-to-have-been-made--to-commit a-theft-or enlawfai-diversion of speciai nuclear-materiai which-it-is-ficensed-to possess- or-to-commit an act of-radielegical-sabotage-against-its plant or-transportation system---if-the-Emergency-Notification-System-is-ineperative-or-enavaii-able--the-ficensee shalf-make-the-required-netifications-via-commercial ; teiephone-service- ether-dedicated-telephone systems--or-any ether-method which-wili-ensure a report-being-made promptly-to-the-NRE-Sperations t Eenter---The-initisi notification-mast-be-feilewed-within a peried of i r fifteen-(153-days-by-a-written report- submitted-to-the-appropriate-NRE l Regionai-Office shown-in-Appendix-A-of-this part-setting-forth-the-details of-the-incident---Eepies-of-the-written repert-are-to-be-sent-to-the l B i re cto r- o f-i ns pe cti o n- a nd- Enf o rc eme n t- 5 -- Ne el e a r- R e g ul a to ry- E emmi s - l sien--Washington;-BE-20555---After-the submissien-of-the-written-report i required-by-this paragraph--a-ficensee shali-immediately-inform-the ; appropriate-ftegional-Office-by-means-of-a-written-report-of-any substan- ! tive-additionai-information-which-becomes avaiiable-to-the-ficensee . t concerning-the-incident-] L 10 Attachment 1 l
s [7590-01] [fc3--Esch-iieensee ender either a specifie-or generai-iicense shali notify-the-NRE-Sperations-Eenter-via-the-Emergency-Netifiestien-System-as seen as possible- and-ali-esses within one-hear- of-any event-which significantly-threatens er-lessens-the effectiveness-of-a physicai seen-rity-system-as established-by-regulations-in-this-chapter--or-by-the licensee's approved physical-security--contingency--and security persen-nei qualification-and-training pians--er-by-both:--if-the-Emergency Notification-System-is-ineperative or anavailabie--the-ficensee-shall make-the required notifications-via commercial-telephone-service- ether dedicated-telephone systems--or-any ether-methed which wili-ensere-a report-being-made premptly-to-the-NRE-Operations-Eenter---This-notifi- l cation mest-be-made within-the-time peried specified-beiow:--The-time e peried-begins apen-discovery of-the event-by-any-member-ef-the security [ erganization-or any ether employee-of-the-ficensee---The-iieensee shaii submit a-written-report-to-the-appropriate-NRE-Regional-Office--fisted-in Appendix-A-of-this part--describing-the event-in-detail within-5-days-of i the-time-of-discovery---A-eepy of-this-written-report-mest-be sent-te l the-Birector of-inspectien-and-Enforcement--ti:5--Neciear-Regulatory i Eemmission--Washington--BE-20555---This notifiestien-and-these reports , satisfy-both-the notification requirements of-Part-fi of-this chapter- ' if-the-event-is-aise reportable-under-Part and-S-50:72(a)(43-of-this ; chapter--if,-applicabie:--A separate-leg-mest-be-maintained-to record ; i events reportabie ander-s-73:71:--Eieensees need-not-report any-event which-is-designated-as-not-reportable-in-their security-or-centingency
- plans ]
i l l ! 11 Attachment 1
- [7590-01) s Repe-!bg :J.".yrir ! Seedy Esasts .
.N's:4.-U.!s Table ele.dd be used b cc:juncticn wid de KeepensMty Mar.x develcred tr. der *.$e reg:r .etu cf to CTA Fort T3. AprencJa C--I're:u e Safcpards i Cc:-M e:cy F*ana. '
fe a w . = == . lll t=6w ev.e a wir e w,.
-ww == w i .e.,r wirit sc p.%r -=. .e. .
- vi smm,s w.,. m e s,
= , - =
m w wis.e.,s
-en w is
=-
u.r v.'r ===w===e'
.apu w w ,, w se n.,s w.-== == w er===w =.,,, = - m ei e
**.ar erwee went has noen $ ape.e e escruk a==== w at e= m e. 4a e e. . e w ,.i e e b e .sm.,TT
====, e n. pgr.m=a nsen ret Li em as as w- m.wr = s.sss.:ksgua.l rw m
' Male: fose of,%1 Seesitty E."acfve:ess. A c.ajefloss ofphysical 6ed.:p t.Tsct.*.n.sesa c.c:=:s (t) whr2 sme.:..!y festurna break d.=ws wCha.ft ;mper !
g v g Q d V 4 cc=pe.:satico allow.ns nr.autta:'.:ed or t:. detected 6.ccata to Latet.d acsas.s oc rita) / a:sas, ta th.!;=c:ta of f:.=da quaccan c.f 4 T
- SCMs:Irra."ated as:to: hel,cr at
; facCtes !!ce:ued te passees for=cla %
L car.thes of ES.%t. er (*) when the , a us!cafss sytia.=.s uaedIo au::u:wa
* 'alta c respocae beccce tr.r,4:stlve withew.t , ;: spa czmpesas t!om. Ucas. sees which ass req.!nd h meet the r tuirrsar.ta cf to Crn -
72mL 73.3?. 73J0. a .d 73.?J may be subled to thIs evect. e pg mq py,et a sw ry.ne I, p*ar=esen *W tuo e o.a,.y y';arusse.g == esse emura e sen.s eTw e. ess .
. a. ewi e e - . asnee -4 es etw gras 44 Parvede auf he aM 93 f'te eu.ss
*Pwery *a- r-maineL P v===r arturaced y==w reem,e.m an upmeras en a saar=r e sur=wge.et rts a. d ,
re e. re.m.,=rsem ee.une.=.reasus ere asseted.as oft.r f ?une swa to rww.e er on e a1rs tw-s
*m 1"ef s v.r*T.d t.s W.u se.esee,=ywiso,e.voeg e
Pd a.s .
. .,semes - tw sensws===a ,
W ie CF'pl lF:.2L $7"1.27 ares gg f r.'a 63 eae. se m#.we w w rw e==reL y (n.e,ve. ,a, n, d wawt t,w rw s.een.--
- q. ,. r
. -(*) 4 smar en.s se armas'yve'wa.s
., e . ee.n.,.9.t.d e.pgrer*p
..~
esmJr*z.T.S
- . e-wou'.eSed masse B suT**e ed e earTS**e
. , . e %.,-- .e.e-
.-m..
r.ree arena erer ce arr. sewn e* e=r erw eary erews
;. LN.
. wemm.eesmes s.e seer e ranwy as asur* eses ansy NOTE: The above table is deleted in its entirety.
12 Attachment 1
i , e
- i
[7590-01] ! 73.71(a)(1) Each licensee subject to the provisions of SS 73.25, ; 73.26, 73.27(c). 73.37, 73.67(e), or 73.67(g) shall notify the NRC A [ 14 ! Operations Center within one hour after discovery of the loss of any C i p ! 4 shipment of SNM or spent fuel, and within one hour after recovery of or tu r accountability for such lost shipment. h traga4- ' (2) This notification e eM be made to the NRC Operations Center - i N via the Emergency Notification System, if the licensee is party to that , ( i system. If the Emergency Notification System is inoperative or unavail-l , y able,'the licensee shall make the required notification via commercial I N telephonic service or other dedicated telephonic systems or any other I T' D {[ method that will ensure that a report is received by the NRC Operations k{m h {b ( . Center within one hour. The exemption of 5 73.21(c)(3) applies to all 4 telephonic reports required by this section. 2 e h- s. l 3-( - -( (3) The licensee shall, upon reouest of the NRC, maintain an open f N s, and continuous communications channel with the NRC Operations Center.
-4 W y !
% ! (4) The initial telephonic notification m'ust be followed within
. E h N' t 5A a period of thirty (30) days by a written report submitted to the U.S. l V)D p Q N}b.Nuclear Regulatory Commission, NMSS Docket Room, Washington, OC 20555.
\ T j
p , S The licensee shall also submit one copy each to the appropriate NRC ' f j b ' Regional Office listed in Appendix A to this part[and the appropriate - - t [
.w s
NRC Resident Insoector, if applicable. / / 8!
< j 4
' (5) Significantsupplementalinfolrmationwhichbecomesavailable .
I f.)- n - mu4 after'Ithe submission of the written report theH be telephonically / ;l
~
g d ':.. - R reported to the NRC Operations Center and also reported in a revised :
~
l' k-writtenreporttotheRegionalOffice,theNMSSDocketRoon[andResident
/
hl O I Inspector, if applicable./ Errors discovered in a written report should h.D h ' I k !
\
be corrected in a revised report. The revised report should replace the [ t l h 13 i Attachment 1
-.___..,__--,,__,.__,._..._L
s [7590-01] previous report; therefore, the update should be a complete entity and not contain only suoplementary or revised information. (b)(1) Each licensee subject to the provisions of SS 73.20, 73.37, 73.50, 73.55,/and 73.60/shall notify the NRC Operations Center within i i n N)pg one hour /of discovery of/the safeguards events described in para- hDDEP l I 1 graphs I.(a), (b), and (c) of Appendix G to this part. / Licensees sub-
/
ject to the provisions of S 73.67(d), (e). (f), and (g) shall notify the A9 dei) NRC Operations Center withibhour of the safeguards events described ' j in paragraph I(a) only of Appendix G to this part./
/
(2) This notification shaTl'be mast made in accordance with the require-ments of paragraphs (a)(2), (3), (4), and (5) of this section with the exception that licensees subject to the provisions of~S 73.55 shall sub-mit one copy of their safeguards event written reports and any revised reports to the U.S. Nuclear Regulatory Commission, Document Control Desk. Washington, DC 20555, one copy to the appropriate Regional Office listed O in Appendix A to this part,[and one copy to the aooropriate NRC Re ident
/
Inspector,ifapplicable./ o
/
(c)(1) Each licensee subject to the provisions of SS 73.20, 73.37, 73.50, 73.55,/73.60, 73.67(d), and 73.67(f)/sha11 maintain a current log gg and record the safeguards events described'in paragraphs II.(a) and l (b) of Appendix G to this part within 24 hours of discovery by a licensee employee or member of the licensee security organization. Licensees need not report any event that is designated as not reportable in their security i or contingency plans. The licensee 'shall retain the log of events reported under this section as a record fo two fter the last entry is made in each log. g(w @ p._ f Mf3AA A N 0 1 N' ga. agx<- u 3 b g;% f* d fM h14
&D W W a s s @ " tac
a [7590-01]- (2) Every three months, each licensee shall submit to the NRC copies of all safeguards event log entries not previously submitted. Licensees subject to the provisions of SS 73.20,73.37,73.50./73.60.73.67(d)and i ADDEP 73.67(f)/shall submit copies of their log entries to the U.S. Nuclear
/
Regulatory Commission, NMSS Docket Room, Washington, DC 20555. Licensees subject to the provisions of S 73.55 shall submit copies of their log entries to U.S. Nuclear Regulatory Commissice. Document Control Desk, Washington, DC 20555. All licensees shall also submit one copy of their log entries to the appropriate Regional Office listed in Appendix A to this part.[and one copy to the appropriate NRC Resident Inspector, if
/ pg7pgJ) applicable.
(d) ach licensee shall submit to the Commission the written reports and copies of the safeguards event 100 entries required under the provisions of this section that are of a cuality which will permit legible reproduction and micrographic processing. If the facility is subject to S 50.73 of this chapter, the licensee shall prepare the written report on NRC Forms 366 and 366A. If the facility is not 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 n.noF case the report she44 include sufficient information for NRC analysis and y evaluation. (e) auplicate reports are not required for events that are also reportable in accordance with SS 50.72 and 50.73 of this chapter.
- 3. A new Appendix G is added to read as follows:
Apperdix G - Reportable Safeguards Events Pursuant to the provisions of 10 CFR S 73.71(b) and (c), licensees ! 15 Attachment 1 l l
.=
O [7590-01] subject to the~ provisions of 10 CFR SS 73.20, 73.37, 73.50, 73.55, 73.63, 73.67(d) and 73.67(f)/shall report or log, as aporopriate, the ADDEp
/
following safeguards events. I. Items to be reported within one hour (a) Any event in which there is reason to believe that a person has committed or caused, or attempted to commit or cause, or has made a cred-ible threat to commit or cause: (1) A theft or unlawful diversion of special nuclear material or U spent fuel,* or k . (2) Physical damage to any licer. sed facility or its equipment . carrier equipment transporting nuclear fuel or spent nuclear fuel, or t : the nuclear fuel or spent nuclear fuel the facilities or carriers are T, w licensed to possess *, or (3) Interruption of normal operation of a licensed nuclear power reactor through the unauthorized use of or tampering with its machinery, components, or controls including the security system. fb) Any failure of the safeguards system or discovered vulnerabil-ity in that system that could allow unauthorized and undetected access to a protected area, material access area, controlled access area, or vital area, or to spent nuclear fuel or formula quantities of SSNM in transit, for which proper compensatory measures have not been established. (c) All unauthorized entries through a required barrier whether or not the breach is properly compensated. (d) A " proper compensatory measure" for a particular safeauards t event as used in this Appendix means a measure that is specified in a i 16 Attachment 1 __ .. _ _. - _ .~. _ __
c [7590-01] security or contingency plan or security procedure. If the particular safeguards event is not described in a plan or procedure, then a " proper comoensatory measure' means a measure implemented within 10 minutes of an event's discovery that provides a level of security essentially equivalent to that existing before the event. II. Items to be recorded in quarterly-submitted log (a) Any failure of the safeguards s'rstem or discovered vulnerabil-ity in that system that could allow unauthorized and undetected access to a protected area, material access area, controlled access area, or vital area. or to spent nuclear fuel or formula cuantities of SSNM in transit, for which proper compensatory measures have been established. (b) Any failure of the physical protection plan not included in paragraoh II.(a) of this appendix if the failure degrades the effective-ness of the system. Dated at Bethesda, Maryland this day of ,19$4( For the Nuclear Regulatory Commission. William J. Dircks zy '- Executive Director for Operations (9 u-17 Attachment 1 l' - . -_ , , . - _ - - _ - . - -}}