ML20133J077

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Informs of R Fonner 840524 Concurrence W/Proposed Revs to 10CFR73.71,in Response to Davis 840514 Memo
ML20133J077
Person / Time
Issue date: 10/08/1985
From: Dwyer P
NRC
To:
NRC
Shared Package
ML20132B800 List:
References
FRN-50FR34708, RULE-PR-73 AB46-1-22, NUDOCS 8510180251
Download: ML20133J077 (1)


Text

8 a=eu g, UNITED STATES -

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8 o NUCLEAR REGULATORY COMMISSION f%

$ j W.ASHINGTON, D. C. 20555

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DCT 8 1985 NOTE T0: File FROM: Priscilla Dwyer

SUBJECT:

0FFICE CONCURRENCE ON PROPOSED REVISIONS TO 10 CFR 73.71 i

In response to Mr. Davis' May 14, 1984 memorandum on the subject 7

f rulemaking, Robert Fonner concurred by p ne on May 24, 1984. {

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Priscilla Dwyer .

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/ * %g UNITED STATES 6%1

.- 8% NUCLEAR REGULATORY CoMMisstON

f. . WASHINGTON, D. C. 20555 CO W L(g @

o' FEB 161984 P%Ut-B'/

MEMORANDUM FOR: Harold R. Denton, Director Office of Nuclear Reactor Regulation 55c$4, i Richard C. DeYoung, Director Office of Inspection and Enforcement Robert B. Minogue, D1 rector Office of Nuclear Regulatory Research Guy H. Cunningham, Directorg Office of the Executive Legal Director Clemens J. Heltemes, Jr. , Director Office for Analysis and Evaluation of Operational Data Patricia G. Norry, Director

' Office of Administration Joseph J. Fouchard, Director Office of Public Affairs FROM: John G. Davis, Director Office of Nuclear Material Safety '

and Safeguards

SUBJECT:

PROPOSED REVISIONS TO 10 CFR 573.71, SAFEGUARDS REPORTING REQUIREMENTS Attached is a draft rule package proposing revisions to 10 CFR 573.71, safeguards event reporting requirements. These revisions are intended to make the requirements more reasonable and improve the NRC data base of safeguards events for more effective generic analysis. This package has already been circulated to the Regions, and their coninents have been accommodated.

Some notable changes include deletion of the 24 hour2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> telephonic reportable and extension of all time periods for submission of written event reportscategory' to 30 days. Also, a more detailed fonnat for reporting of events is provided.

Please review the package and forward comments / concurrence to Ms. Julie Metzger, '

NMSS, x74010, by March 1, 1984.

l r,,ae,o o ,pfL Jo n G. Davis, Director i s 0+ P e/ Y"f M f Office of Nuclear Material Safety

! and Safeguards l

Attachment:

As stated ,

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, A6%of- 7 QDL l

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For: The Commissioners t

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From: William J. Dircks Executive Director for Operations  !

Subject:

PROPOSED REVISIONS TO 10 CFR S 73.71, NOTIFICATION REQUIREMENTS I FOR SAFEGUARDS EVENTS

Purpose:

To present for Commission consideration proposed amendments to I 10 CFR S 73.71 designed to improve the clarity and effectiveness of-the present rule dealing with reporting of safeguards events.  !

l Discussion: The safeguards event reporting requirements of 10 CFR S 73.71 were i established to ensure that the Commission is informed in a timely f

manner of significant incidents involving the security of certain [

nuclear facilities and activities. The staff believes that some of the current reporting requirements can be relaxed without significantly affecting the NRC's ability to respond to incidents and collect data on possible generic safeguards problems. Accordingly, certain cate-  !

gories of safeguards events have been eliminated in.the proposed rule [

such as moderate and major losses, and explicit and potential threats.

f These events have been redefined in less abstract terms to aid the j licensee in responding to the requirements. Also, the current twenty-  !

four hour telephonic notification requirements for certain events have been eliminated. Events that must be reported are described in a new

p App *endix G to Part 73. i
z.  ;

Contact:

J. Metzger, NMSS 42-74010 f' l

L 1

v e t.

ABW The Commissioners 2 Draft guidance in support of the proposed amendments provides a format for making written reports and specifies the level of information needed by the NRC. This will increase the uniformity of reports, in addition to providing the NRC with a more detailed data base necessary for assessing generic safeguards problems.

The proposed revision to 10 CFR S 73.71 requirements will no ifi-j cantly increase the cost of reporting requirements to the licensees

.,j

[ or the NRC. Estimated total increase in cost for the industry is

'e 'per year. Annual NRC costs are estimated to increase by $21.6K.

Recommendations: That the Commission:

1. Approve the amendments .ns set forth in Attachment 1 for publication j

1 as a proposed rule revision in the Federal Register, with a 90-day public comment period.

~

2. In order to satisfy the requirements of the Regulatory Flexibility Act, 5 U.S.C. 605(b), certify that this rule will not have a -

significant economic impact on a substantial numter of small entities.

3. Note:
a. That the value/ impact statement appearing in Attachment 3 will be placed in the NRC Public Document Room.
b. That the draft guidance will be made publicly available

.. ; . . concurrently with publication of this amendment.

c. That, in accordance with 10 CFR 51.5(d)(3), neither environ-mental impact statements nor negative declarations need to be prepared since the proposed amendments are not significant from the standpoint of environmental impact.

DRAFT 02/06/84 CP 10 CFR 73.71

w AB%

The Commissioners I 3

l i

d. That these amendments contain collection and reporting require- -

ments that are subject to review by the Office of Management i and Budget. Upon Commission affirmation, formal request for OMB review and clearance will be initiated. OMB review may take 60-90 days from the date of publication in the Federal Register. If approval is denied by OMB, the Commission will be notified.

i

e. That appropriate Congressional Committees will be advised of j

these actions. See draft Congressional Letter, Attachment 5. '

l

f. That a public' announcement will be issued. See draft Public Announcement, Attachment 4.

f

g. That the Chief Counsel for Advocacy of the Small Business 4

Administration will be informed of the certification and the reasons for it as required by the Regulatory Flexibility Act.

Scheduling: The staff requests scheduling ataan early policy session.

L i i William J. Oircks Executive Director for Operations l Attachments:

1. Federal Register Notice i
2. Draft Guidance
3. Value/ Impact Statement 1
4. Draft Public Announcement
5. Oraft Congressional Letter
6. Supporting Statement for Recordkeeping and  ;

Reporting Requlr'ements [

r DRAFT 02/02/84 CP 10 CFR 73.71 4

i

- - - , - = , - - - - -.r,--

2

" [7590-01]

Okb' ATTACHMENT 1 Federal Register Notice

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[7590-01]

Ae W b

NUCLEAR REGULATORY COMMISSION 10 CFR Part 73

Changes to Safeguards Reporting Requirements 4

AGENCY: Nuclear Regulatory Commission.

ACTION: Proposed Rule.

4 SUP9tARY: The Nuclear Regulatory Commission proposes to amend its regula-tions for the reporting of safeguards events. The proposed rule clarifies i

the requirements and improves the NRC safeguards events data base by improving the uniformity of safeguards events reports.

9 DATES: Comment period expires .

Comments received after this date will be considered if it is practical to do so, but assurance of consideration cannot be given unless comments are received on or before this date.

ADDRESSES: Interested persons are invited to submit written comments and suggestions on the proposed rule and accompanying enclosures to the 4

Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington,

  • OC 20555, Attention: Docketing and Service Branch. Comments may I .

also be, delivered to Room 1121, 1717 H Street NW., Washington, DC, '

between 8:15. an and 5:00 pm.

t

" Insert 90 days after date of publication in the Federal Register.  ;

f i

1 Attachment 1  !

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[7590-0]b~

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FOR FURTHER INFORMATION' CONTACT: Julie A. Metzger, Regulatory Activities '

Section, Division of Safeguards, Office of Nuclear Material Safety-and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555, telephone (301) 427-4010.

/

SUPPLEMENTARY INFORMATION: 'h: - ' '- ' '" "

' 10 CFR S 73.71 c

requi g --t  ; i.o establish an event reporting program to inform the

/

Commission of safeguards events w to allow timely response to incidents.

/

ThedataSh: d2 d-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)ofS73.71werefirstpublishedinDecember 1973. Th;T}a

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_q #4 9 ....u6.s sf

iicit
pecific- reports of unaccounted for shipments of special nuclear material, incidents and attempts of theft or unlawful diversion of special nu ear material or incidents pnd attempts ,

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of sabotage. -Itwe;detegem.db.ubsequently_tha6 the Commission Q-Lw/

also thfi needed reports of events ^ --"" Wh [a'tk a loss of afeguards capability.or circumstances which cjluid be part of an overall pla to v b u t. w . I < -- /

commit an act of theft or sabotage. 'Tlw Commission wa't concern that a substantial public hazard could occur as a result of a deficiency 11 a given licensee's safeguards pragram. E rc:p:r.:: te this concee$ an amendment to 10 CFR S 73.71 was proposed in October 1979 requiring. reports of events t'hreateni~ng certain nuclear activities or lessening the effec-tivenes's "of a safegutrds system. This amendment was published in January 1981 in final form, as a new paragraph (c) to S 73.71.

2 Attachment 1

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[7590-01]%~ ,

The purpo.se of paragraph (c) was to provide information concerning threats to certain nuclear activities, and security system failures whereby the NRC could identify recurrent safeguards problems and generic issues.

.Jha in+;,,;;uuMS-tO-keep-cogaj Zant NRC'0ffices informedJif_suctLeyents_

sn that annecari tc activo svuld-be-taken, However, since the promulga-sea sme.- , ;.a n a. r - %..y;- ~

tion of 10 CFR S 73.71, the NRC staff has found that et reports lack n

% 6t uniformityj and that ee :toue / W e V '= *-_ --~%a A , ., + ;'

detail is ef te[=aarepri tc Tor NRC - 7e e purposes. Unless these problems can be corrected, the usefulness of su reports in developing an adequate data base for generic analysis is limited.

Cc.L ul= received IndTCHi.e thet probl^M with "a i fo r=4 t 3'Mi-deta N ts fram wh

?t ifcernees-consideP-to-be-confus4ng-requirements-4eeding-Lu inconsistencies in_reparting For these reasons, the Commission is pro-posing clarifying amendments to 10 CFR S 73.71 and issuing new guidance to assist licensees in determining which events should be reported and to provide a format for doing so.

The rele42ng"ege has been reorganized _for the- c r ty he distinction'between explicit and potential threat has been removed ,

and " threats" are included in the descriptions of applicable events.

t The categories of major and moderate losses have been eliminated and replaced by " failures of the safeguards system that could allow unauthorized and undetected access" and " failures that degrade the operational effective-ness of the system."

The revised re' porting requirements should have little impact on licensees. The only significant change to affect the licensee will be tit w . w

' the level of detail required in the reporting of events The rece-Wad fomt representsTmcre-detailed-description of- events.

J However, recur-i 3 Attachment 1 l

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Ib E ~

. [7590-01]

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ring gvents of,the same type can be consolidated into a single report.

Also, the number of telephonic notifications to the NRC is expected to I

decrease by approximately 80% because the twenty-four hour telephone /

notification requirement has been deleted. -Th ;t;f' ft:b iMt (he-'(

[

twenty-four hour requirement can be dropped because the revised require-I ments will ensure that all events of significance will be reported within one hour.

! PAPERWORK REDUCTION STATEMENT j The proposed rule will be submitted to the Office of Management and l Budget for clearance of the information collection requirements that may j

be appropriate under the Paperwork Reduction Act (Pub. L.96-511). The 4

j SF-83, " Request for Clearance," Supporting Statement, and related docu-t

mentation submitted to OMB will be placed in the NRC Public Document Room j at 1717 H Street NW., Washington, DC 20555. The material will be available f

j for inspection or copying.

1 j.

REGULATORY FLEXIBILITY CERTIFICATION i

i Based on the information available at this stage of the rulemaking i proceeding and in accordance with the Regulatory Flexibility Act of 1980, l 1

5 U.S.C. 605(b), th'e Commission hereby certifies that if promulgated, i .:..

l this rule will not have a significant economic impact upon a substantial i

j number of small entities. There is a possibility that some transporters, ,

I importers and exporters of SSNM and spent fuel will be affected by this i

1 i 4 Attachment 1

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[759tF-01]

rule.-If they. feel it will have an adverse impact on them, we invite comments to that effect. The proposed rule affects power reactor licensees who operate nuclear power plants under 10 CFR Parts 50 and 73, fuel facilities, transporters, importers and exporters of SSNM and spent fuel.

The companies that own these plants do not fall within the scope of the definition of "small entities" set forth in Section 601(3) of the Regul'a-tory Flexibility Act, or within the definition of Small Business Size Standards set out in regulations issued by the Small Business Administra-tion in 13 CFR Part 121.

LIST OF SUBJECTS IN 10 CFR PART 73 Part 73 - Hazardous materials transportation, Incorporation by reference, Nuclear materials, Nuclear power plants and reactors, Penalty,-

, Reporting requirements, Security measures.

PART 73 - PHYSICAL PROTECTION OF PLANTS AND MATERIALS

1. AUTHORITY: Secs. 53, 161b, 1611, 1610, Pub. L.85-703, 68 Stat.

930, 948-950, as amended, Pub. L.85-507, 72 Stat. 327, Pub. L.88-489, Stat. 602, Pub. L. (93-337, 88 Stat. 475 (42 U.S.C. 2073, 2201); Sec. 201, Pub. L.93-438, 88 Stat. 1242 1243, as amended, Pub. L. 94-79, 89 Stat. 413 (42 U.S.C. 5841). For the purposes of Sec. 223, 68 Stat. 958, as amended, 42 U.S.C. 2273, 73.55 is issued under Sec. 161b, 68 Stat. 948, as amended, 42 U.S.C 2201(b); and SS 73.20, 73.24, 73.25, 73.26, 73.27, 73.37, 73.40, 73.45, 73.46, 73.50, 73.55, and 73.67 are issued under Sec.1611, 68 Stat. 949, as amended, 42 U.S.C. 2201(i); and SS 73.20(c)(1), 73.24(b)(i),

5 Attachment 1

t

. L/590-01]

73.26(b)(3), (h)(6), (i)(6) and (k)(4), 73.27(a) and (b), 73.40(b) and (d), 73.46(g)(6) and (h)(2), 73.50(g)(2), (3)(iii)(b) and (h), 73.55(h)(2),

and (4)(iii)(B), 73.56(i), 73.70, 73.71, and 73.72 are issued under Sec. 1610, 68 Stat. 950, as amended 42 U.S.C. 2201(o).

2. 10 CFR S 73.71 is revised to read as follows:

S 73.71 Reports of unaccounted for shipments, suspected thef ts, or unlawful diversion [radiciogical-sabotage or events---which significantly-threaten or-lessen-the effectiveness-of-safeguards] and other safeguards events.*

[(a3-Esch-ficensee who-conducts-a-trace-investigation-of-a-iost-or enaccounted-for shipment persaant-to-S-73-27(e)-shafi-notify-the-NR6 Operations-6 enter via-the-Emergency-Notification-System-as-soon as possible;-and-in-ali cases-within-one-hear;-of-the-detafis-and-rescits of-its-trace-investigation:--if-the-Emergency-Notification-System-is inoperative-or enavai?able;-the-ficensee-shafi-make-the-required notifications-via commerciai-telephone-service;-other-dedicated-teie-phone-systems;-or any-ether-method-which-will-ensare-a-report-being zade promptiy-to-the-NR6-Operations-6 enter---Esch-ficensee-who conduct a-trace-investigation-of-a-iost or-enacecanted-for-shipment persaant-to S-73-67(e)(33(vi3-or-S-73-67(g3(3)(iif 3-shafi-notify-the-NR6-Opera-tions-6 enter-vla-commercial-telephone-asing-the-number provided-in

\

Appendix-A-as-soon-as possibiet-and-in-ali-cases-within one-hear of-the detafis-and-rescits-of-its-trace-investigatient--The-ficensee-shaii 9

  • Comparative text: additions to existing regulations are underlined and deletions are dashed through and enclosed in brackets.

6 Attachment 1 I

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[7590-01]

t also-file within a period-of-fif teen-(153-days-a written-report-to-the a pp ro p ri ate- N R E- Re gi o n al- o f f i c e- s e t ti n g- f o rt h- t h e- d e t ai l s - a nd- re s ai ts of-the-trace-investigation:--A-copy-of-this written-report-mast-be sent-to-the-Birector--Office-of-inspection-and-Enforcement--W:S:

Nuclear-Regaistory-Eemmission;-Washington--06--20555:]

[(b3-Esch-ficensee-shafi-notify-the-NRE-Operations-Eenter via-tne-Emergency Notification-System-as-soon-as possible; and-in-aff-cases within one-hour;-of-any-incident-in which-an-attempt-has-been-made- or-is l believed-to-have-been made--to ':ommit-a-theft-or-unlawfai-diversion of-special-naefear-meteriai-which-it-is-iicensed-to possess--or-to commit an-act-of-radiologicai-sabotage-against-its piant-or-trans-portation-system---if-the-Emergency-Notification-System-is-inopera-t tive-or-unavailabie--the-ficensee-shail-make-the-required-notifica-

{

tions via commercial-telephone service--ether-dedicated-telephone i

systems--or-any ether-method-which-wiii-ensure-a-report-being-made {

promptiy-to-the-NRE-Sperations-Eenter --The-initisi-notification must-be-foilowed within-a period-of-fifteen-fiS3-days-by a written repert;-submitted-to-the-appropriate-NRE-Regionai-Office-shown-in Appendix-A-of-this part setting-forth-the-detafis-of-the-incident: '

Eopies-of-the-written-report are-to-be-sent-to-the-Birector of i n s p ec ti o n- a n d- E nf o rc ement-- 8: S -- N ac i e a r- R egul a t o ry- E emmi s s i o n-  !

Washington--BE--205557--After-the-submission-of-the-written-report  !'

required-by-this paragraph- a-ficensee-sheif-immediately-inform-the ,

appropriate-Regional-Office-by-means-of-a written-report-of-any substantive-additionai-information which-becomes-availabie-to-the I licensee-concerning-the-incident;] '

7 Attachment 1 i

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[7590-01]

[(c)-E_ach-ficensee-ander either-a specific-or generai-ficense-shaft n o ti fy- th e- NR E- O p e ra ti o n s - E e n t e r- v i a- t h e- Eme rg e n cy- N o ti f i c a ti e n System-as soon-as possible;-and-aff-cases-within-one-hear- of-any event-which-significantiy-threatens or-fessens-the-effectiveness of a physical-security system-as-established-by-reguistions-in-this chapterT-or-by-the-ficensee's-approved physicaf-security--contingency-and security personnel qualification-and-training plans--or-by-both; if-the-Emergency-Notification-System-is-inoperative or-unavailable; the-ficensee-shalf-make-the-required-notifications-via-commerciaf telephone-service--other-dedicated-telephone systems;-or-any-ether method-which-wili ensure-a-report-being-made promptiy-to-the-NRE Operations-Eenter---This notification-mast-be-made-within-the-time peried-specified-below---The-time period-begins apon-discovery-of the-event-by-any-member-of-the-security organization-or-any other employee of-the-ficensee --The-iieensee-shafi-submit-a-written report- to- the- appropri ate-NRE- Regi on al-e f fi c e;- f i s ted-i n- Appendix- A of-this part--describing-the event-in-detafi-within-5-days-of-the time-of-discovery;--A copy-of-this written-report-mast-be-sent-to the-Birector-of-inspectien-and-Enforcement;-W:S -Nuclear-Regulatory

.s Eemmission--Washington;-BE--20555 -tJ_his-notification h and-these reports-satisfy-both-the-notification-requirements of-Part-21-of  !

this-chapter;-if-the event-is-aiso-reportabie-ender-Part-21--and 7 (

-50:72(a) 43 pf-this-chapter;-if-applicabie. -A-separate-iog-mast be-maintained-to-record events reportable-ender-5-73t71 "-hicensees need-not-report-any-event which-is-designated-as-not-reportable-in I

their security or contingency pians ]

l 8 Attachment 1

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t T7590-013 (a) Each licensee who conducts a trace investigation of a lost or unaccounted for shipment pursuant to SS 73.27(c), 73.67(e)(3) or 73.67(g)(3) shall notify the NRC Operations Center within one hour after the loss of the shipment is verified. These reports will be made to the NRC Operations Center via the Emergency Notification System, if the licensee is a party to that system. If the Emergency Notification Systems is inoperative or unavailable, the licensee shall make the required notifications via commercial telephone service l

or other dedicated telephone systems or any other method which will ensure a report being made promptly to the NRC Operations Center.

The licensee shall, upon request of the NRC, maintain an open and continuous communications channel with the NRC Operations Center.

Each licensee who conducts a trace investigation shall also submit, within 30 days of the onset of the investigation, a written report to the appropriate Regional Office listed in Appendix A of Part 73 of this Chapter setting forth the details and results of the trace investigation. A copy of the written report (s) shall be sent to the U.S. Nuclear Regulatory Commission, Director of Inspection and Enforcement, Washington, DC 20555. After the submission of the written report required by this paragraph, the licensee shall inform the appropriate Regional Office by means of a telephonic report of i

i any substantive additional information which may become available to

~

the licensee c'oncerning the incident. The provisions of 6 73.21(g)(3) aoply to all of these telephone reports.

l l

l 9 Attachment 1 l

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AS464

.. [7590-01]

(b) Each licensee subject to the provisions of SS 73.20, 73.37, 73.50, and 73.55 shall notify the NRC Operations Center via the Emergency Notification System, if the licensee is a party to that system, within one hour of applicable safeguards events as described in Appendix G of this Part. The one-hour time period begins upon discovery of the event by a licensee employee or member of the licensee security organization. If the Emergency Notification System is inoperative or unavailable, the licensee shall make the required notifications via commercial telephone service or other dedicated telephone systems, or any other method which will ensure a report being made within one hour to the NRC Operations Center.

The licensee shall, upon request of the NRC, maintain an open and continuous communication channel with 'the NRC Operations Center.

The initial notification must be followed within a period of thirty (30) days by a written report submitted to the approrriate Regional Office shown in Appendix A of this part setting forth the details of the incident. A copy of the written report shall be sent to the Director of Inspection and Enforcement, U.S. Nuclear Regulatory Commission, Washington, DC 20555. After submission of the written report required by this paragraph, a licensee shall inform the appropriate Regional Office by means of a telephonic report of any substantive additional information which becomes available to the licens*ee concerning the incident. The exemption of 6 73.21(c)(3) applies to all of these telephonic reports.

10 Attachment 1 L -

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AB%1 s [7590-01]

(c) Each licensee subject to the provisions of SS 73.20, 73.37, 73.50, and 73.55 shall maintain a current loa and record the followina safeauards events 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 i employee or member of the licensee security organization:

i l *

(i) Any failure of the safeauards system as defined in Appendix G, a

i paragraph (c) of this Part for which proper compensatory measures have been established, and i

} (ii) Any failure of the physical protection system not included in

{ Appendix G, paragraph (c) provided that such failure dearades 1

j the operational effectiveness of the system.

4 1

j Each licensee shall provide quarterly copies of the loa to the Ofrector of Inspection and Enforcement, U.S. Nuclear Regulatory Commission, j Washincton, DC 20555.

I j

i (d) The written reports and copies of the safeguards event loas that the j

i-licensees are reautred to submit'to the Commission under the provi-sions of this section must be prepared on Form NRC 366 and the supple-1 mental safeauards form and must be of a quality which will permit

!' lecible reproduction and micrographic processina.

I j' *

(e) Events reporte'd in accordance with 55 50.73 and 50.72 of this Chapter need not be reported under this section. Events reported in accord-ance with this section need not be reported under other reportina

\ recuirements of this Chapter.

a($4 j 3.- A new Appendix G is added to read as follows: '

1 11- Attachment 1

A6%-\

u [7590-01]

APPENDIX G Pursuant to the provisions of 10 CFR S 73.71(b) and (c) licensees subject to the provisions of 10 CFR SS 73.20, 73.37, 73.50 and 73.55, shall report or 100, as appropriate, the following safeguards events.

(a) Any event in which there is reason to believe that a person has caused or attempted to cause or has made a credible threat to cause physical damage to any licensed facility or its equipment or carrier equipment transporting nuclear fuel or spent nuclear fuel, or to the nuclear fuel or spent nuclear fuel the facilities or carriers are licensed to possess.

(b) Any event in which an act of thef t or unlawful diversion has occurred or an attempt has been made or believed to have been made or a credible threat has been made to commit a thef t or unlawful diversion of special nuclear material.

(c) Any failure of the safeguards system or discovered vulnersbility in that

. system that could allow unauthorized and undetected acces's to a material access area, controlled access area, vital area or vital island or protected area, or to spent nuclear fuel in transit, or formula quantities of SSNM in transit for which proper compensatory measures have not been established. (If compensatory measures are implemented, then log entry is required pursuant to 10 CFR S 73.71(c)(f). " Properly compensated for" means establishing the measures as specified in a i

security or contingency plan or security procedures. If the event Is not specified in these 12 Attachment 1 L

AB46 ,

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, [7590-01]

Dlans, then properly compensated for means measures implemented within 10 minutes of an event's discovery that provide a level of security equivalent to that existing before the event.) An unauthorized entry through a required barrier is reportable within one hour of discovery regardless of compensatory measures.

(d) Any event in which there is a reason to believe that a person has caused or attempted to cause or has made a credible threat to cause interruption of normal operation of a licensed facility through the unauthorized use of or tampering with its machinery, components or controls to include the security system. Only licensees subject to the seguirements of 10 CFR S 73.55 shall make reports pursuant to this paragraph.

A A A A A Dated at Washington, DC this day of , 1984.

For the Nuclear Regulatory Commission

Samuel J. Chilk Secretary of the Commission.

4 i

l 13 Attachment 1

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