ML20133J191
| ML20133J191 | |
| Person / Time | |
|---|---|
| Issue date: | 03/18/1985 |
| From: | Jennifer Davis NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| To: | Stello V NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| Shared Package | |
| ML20132B800 | List:
|
| References | |
| FRN-50FR34708, RULE-PR-73 AB46-1-40, NUDOCS 8510180326 | |
| Download: ML20133J191 (3) | |
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JDavidson b-k RBurnett HEMORANDUM FOR: VictorStello,Jr.,DeputyExecutiveDirectgausshardt PDS for Regional Operations and Generic Requirements FROM:
John G. Davis, Director Office of Nuclear Material Sa'fety and Safeguards
SUBJECT:
PRJPOSED REVISIONS TO 10 CFR 73.71 REPORTING REQUIREMENTS FOR SAFEGUARDS EVENTS Your September 25,19S4 memorandum concerning the subject rule indicated that CRGR review would be necessary and provided comments on a previously submitted rule package. Since that time, the package has been revised in response to your consnents and undergone additional review by the Regional Offices (whose coments have been considered and incorporated wnen appropriate) and reconcurrence obtained from cognizant !!eadquarters Offices.
Enclosed is the revised draft rule pckage responsive to your coments.
It is recalled that this action proposes amendments to 573.71, Reporting Requirements for Safeguards Events, to improve the clarity and effectiveness of the present rule. The revisions will:
o clarify to licensees the safeguards events that must be reported, o extend the period of time for submittal of licensee written reports, e assure standardized and sufficient report-making to assist GRC data evaluation, o assure a consistent and comparable level of reporting for safety and safeguards events.
In revising the rule, the need and urgency for the reporting of specific events within one hour to the NRC Operations Center was re-evaluate:1 relative to protecting public health and safety and preserving national security.
Revisions to'the proposed rule, c.g., the deletion of one hour reporting of 4ntentional damage to Category III facilities, have been rnade as apprcpriate.
A significant effort has been made to assure consistency among requirements of the proposed 10 CFR 73.71 and existing or proposed reporting require-r.ents in other areas as identified in your September 25 memorandum. Actions taken and comments in this regard are outlined in Enclosure 2.
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AS46-1 Victor Stello. Jr.
-2 C The Offices of Administration. Analysis and Evaluation of Operational Data, Inspection and Enforcement, Nuclear Regulatory Research, Nuclear Reactor Regulation and Public Affairs have concurred in this rulemaking. The Office of the Executive Legal Director has no legal objection. The Executive Director for Operations has approved this rule for continuation.
I would appreciate sbheduling of a CRGR meeting on this matter at an early date. The NMSS contact is Priscilla A. Dwyer, 42-74773.
(Signed) John G. Da ris John G. Davis, Director Office of Nuclear Material Safety and Safeguards
Enclosures:
1.
Revised 10 CFR 73.71 Pkg.
2.
Sum.ary of Reporting Requirements Consistency cc:
W. Schwink, DEDROGR Staff w/15 copies enc 1 1 g.>I ~,
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AB46 CONCURRENCE PAGE PROPOSED REVISIONS TO 10 CFR 73.71 1
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WASHINGTON, D. C. 20555 v
APR 3 1985 MEl10RANDUM FOR:
Robert Bernero, NRR Edward L. Jordan, IE Richard E. Cunningham, NMSS Denwood F. Ross, RES Clemens J. Heltemes, Jr., AE00 Joseph Scinto, ELD FROM:
Victor Stello, Jr.. Chairman Comittee to Review Generic Requirements
SUBJECT:
CRGR MEETING NO. 74 The Committee to Review Generic Requirements (CRGR) will meet on Wednesday, April 17,1985, from 1-5 p.m. in Room 6507 MNBB. The agenda is as follows:
1:00 - 2:00 p.m. -
G. Arlotto (RES) will brief the CRGR concerning a forth-coming proposed revision to 10 CFR Part 50, Appendix J, Primary Reactor Containment Leakage Testing for Water-Cooled Power Reactors (Category 2 item).
2:00 - 3:30 p.m. -
R. Burnett (NMSS) will present for CRGR review, the enclosed proposed revision to reporting requirements (for safeguards events) contained in 10 CFR Part 73.71 (Category 2 item).
3:30 - 5:00 p.m. -
P. Norry (ADM) will present for CRGR review, the enclosed proposed rulemaking to establish reter, tion periods for recordkeeping requirenents in 10 CFR (Category 2 item).
If a CRGR member cannot attend the meeting, it is his responsibility to a:,sure that an alternate, who is approved by the CRGR Chaiman, attends the meeting.
Persons making presentations to the CRGR are responsible for (1) assuring that the information required for CRGR review is provided to the Comittee (CRGR Charter - IV.B), (2) coordinating and presenting views of other offic'es, (3) as appropriate, as30ringathat other offices are represented during the presentation, and (4) assuring that agenda modifications are coordinated with the CRGR contact (Walt Schwink, x28639) and others involved with the presentation. With regard to attendance at CRGR meetings, I request that Office Directors limit attendance of their staffs at CRGR meetings to those few senior staff needed to address the agenda item under discussion. As a minimum, Division Directors or higher management should attend meetings addressing agenda items under their purview.
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In accordance with the E00's March 29, 1984 memorandun to the Comission con-cerning " Forwarding of CRGR Documents to the Public Document Room (PDR)," the enclosures, which contain predecisional infomation will not be released to the PDR until the NRC has considered (in a public forum) or decided the matter addressed by the infomation.
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a '.a n d mittee to Rev e ric T.equirements
Enclosures:
As stated r'
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SECY Comission (5)
W. J. Dircks Office Directors Regional Administrators G. Cunningham P. Norry G. Arlotto R. Burnett I
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s msmuorou.o. c. rosss AIAY 161985 MEMORANDUM FOR:
William J. Dircks Executive Director for Opeutions FROM:
Victor Stello, Jr., Chairman l
Committee to Review Generic Requirements l
SUBJECT:
MINUTES OF CRGR MEETING NUMBER 74 I
The Comittee to Review Generic Requirements (CRGR) met on Wednesday, April 17, 1985.from 1-5 p.m.
A list of attendees for this meeting is enclosed i
(Enclosure 1).
1.
J. Richardson and G. Arndt (RES) briefed the CRGR concerning a i
forthcoming proposed revision of 10 CFR Part 50, Appendix J, Primary Reactor Containment Leakage Testing for Water-Cooled Power Reactors. sumarizes this matter (Category 2 Item).
j 2.
R. Burnett (NMSS) presented for CRGR review, a proposal to revise NRC reporting and recordkeeping requirements and guidance concerning safeguards events. The proposal includes:
a)
Proposed amendments to 10 CFR Part 70, Domestic Licensing of Special Nuclear Material; Part 73, Physical Protection of Plants and Materials; and Part 74, Material Control and Accounting of Special i
Nuclear Material.
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A conforming proposed Revision 1 to Regulatory Guide 5.62, Reporting of Physical Security Events. sumarizes this matter (Category 2 Item).
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P. Norry (ADM) presented for CRGR review, a proposed rulemakir.g to f
establish retention periods for recordleeping requirements in 10 CFR j
Parts 4,11, 21, 25, 30, 31, 32, 34, 3!, 40, 50, 60, 61,10, 71, 72, 73, 75, 95, 110 and 140.. Enclosure 4 sumtrizes this matter (Category 2 Item).
Enclosures 2 through 4 of this document contain predecisional information and therefore will not be released to the Public Document Room until the NRC has considered (in a public forum) or decided the matters addressed by,the infor-mation.
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AB%-l MAY 161985 _
Questions concerning these meeting minutes should be referred to Walt Schwink (492-8639).
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Victor Stello, Jr., Chaiman Comittee to Review Generic Requirements
Enclosures:
As Stated cc: Comission (5)
SECY Office Directors Regional Administrators CRGR Members G. Cunningham J. Richardson G. Arndt R. Burnett P. Norry
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Proposed Revision of NRC Reporting Recordkeeping Requirements and Guidance for Safeguards Events R. Burnett'(NMSS) presented for CRGR review, a proposal to revise NRC reporting and recordkeeping requirements and guidance concerning safeguards events. The proposals includes:
1.
Proposed amendments to 10 CFR Part 70 Domestic Licensing of Special l
Nuclear Material; Part 73, Physical Protection of Plants and Materials; and Part 74, Material Control and Accounting of Special Nuclear Material.
2.
A confoming proposed Revision 1 to Regulatory Guide 5.62, Reporting of Physical Security Events.
l is a copy of Mr. Burnett's presentation to the CRGR.
The proposed amendments are to clarify existing requirements that govern the reporting of safeguards events (incidents involving the physical security or scrutiny and control of certain licensed nuclear material, facilities and activities). Licensees affected are power and nonpower reactors, fuel cycle facilities, and certain transporters, importers and exporters of special nuclear i
material. The purpose of the reporting is to keep the NRC infomed of events i
that potentially could endanger the public health and safety, the environment or affect national security. The reporting also provides an information base j
that is important for identifying and analyzing physical security issues which j
may be.consnon to more than one facility or activity. As proposed, licensees would be required to report to the NRC, by telephone (within 1 hour1.157407e-5 days <br />2.777778e-4 hours <br />1.653439e-6 weeks <br />3.805e-7 months <br />), signifi-l cant events such as the theft of special nuclear material (SNM), acts of de-j struction against nuclear material and facilities, or the failure of major physical security systems. Written follow-up reports would have to be sub-i mitted to the NRC within 30 days. Less significant events would be recorded within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> in a licensee event log and copies of the log would have to be l
provided to the NRC every 3 months.
In addition to the proposed changes in l
reporting times, a new femat for the reports is being proposed in the 1
Regulatory Guide Revision. The proposed format is to standardize reports from different licensees and thereby improve the information available to the NRC.
The existing requirements that all safeguards events be reported to the NRC by telephone within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> with written follow-up reports to be submitted within 5 days would be eliminated.
TheCRGRendor5edthestaff'sgoals,whichareto(1)makesafeguardsevent l
reporting more unifom and informative for responding to events and identifying generic issues; (2) eliminate unnecessary reporting of safeguards 9 vents especi-l ally unnecessary immediate notification (1 hour1.157407e-5 days <br />2.777778e-4 hours <br />1.653439e-6 weeks <br />3.805e-7 months <br /> reporting) via the: Emergency Notification System (ENS); (3) make safeguards event reporting relatively i
consistent with (but not duplicative of) reporting required by 10 CFR 50.72 (Immediate Notification Requirements for Operating Nuclear Power-Reactor) and l
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10 CFR 50.73 (Licensee Event Reporting System); and (4) provide specific guid-ance (RG) concerning what, when and how safeguards events are to be reported.
In addition to the benefits of having only substantive safeguards events re-ported, consistency and nonduplication, the staff estimated that cost savings of roughly $600K and $30K per year for industry and NRC respectively, would result from implementation of the proposal.
The CRGR viewed the revisions to the rules as improving the current safeguards event reporting requirements while at the same time reducing the regulatory burden on industry and the NRC. The Comittee focused its review on the pro-posed RG revision which provides specific guidance (with examples) concerning what, when and how safeguards events should be reported.
In general, the staff intends that only those safeguards events that cannot be appropriately handled by the licensee's safeguards' system, need be reported imediately (within 1 hour1.157407e-5 days <br />2.777778e-4 hours <br />1.653439e-6 weeks <br />3.805e-7 months <br />) to the NRC. Such reporting would be required for events where there is unacceptable risk or where the safeguards system fails or is degreded and compensatory measures are not implemented or sufficient. The CRGR viewed the proposed RG revision as guiding licensees tt report more than what was intended by the staff. Examples of the proposed guidance (RG) and clarifications offered by the CRGR, and acceptable to Mr. Burnett, follow:
Guidance in Proposed RG:
Attempted or confirmed intrusions into protected areas, material access areas, controlled access area or vital areas. This includes tailgating by employees /
contractors to gain access to an area to which they are not authorized.
Clarification offered by the CRGR:
Purposefully attempted or confirmed intrusions into protected areas, material acqess areas, controlled access areas or vital areas. This includes tailgating' by employees / contractors to gain access to an area to which they are not authorized.
Guidance:
l Discovery of an introduction or attempted introduction of unauthorized weapons, explosives, or incendiary devices into the protected area, controlled access areas, material access areas, or vital areas.
I Clarification:
Discovery of the actual or attempted introduction or possession of unauthorized weapons, explosives, or incendiary devices into or within the protected area, controlled access areas, material access areas, or vital areas, j
Guidance:
Credible bomb threats or extortion threats.
In addition, a telephonic follow-up report of the results of a bomb search should be made within I hour of
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completion. If a bomb threat is made where evidence suggests that it is not credible, it need not be reported.
Clarification:
Substantiated bomb or extortion threats.
In addition, a telephone follow-up report of the results of a bomb search should be made within 1 hour1.157407e-5 days <br />2.777778e-4 hours <br />1.653439e-6 weeks <br />3.805e-7 months <br /> of completion. Unsubstantiated bomb threats need not be imediately reported unless a specific organization or group claims responsibility, in this case, the threat must be reported within 1 hour1.157407e-5 days <br />2.777778e-4 hours <br />1.653439e-6 weeks <br />3.805e-7 months <br />.
Guidance:
Uncompensated suspension of safeguards controls during emergency conditions which;could allow undetected and unauthorized access.
Clarification:
emergency conditions Uncompensated suspension of safeguards controls during(Note: Events reportable which could allow undetected or unauthorized access.
under 10 CFR 50.72 do not require duplicate reporting under 10 CFR 73.71.)
Guidance:
Discovery of a criminal act involving licensee personnel or contractors (e.g.,
discovery of a conspiracy to bomb the facility or disturb its vital components, falsification of background screening certificates, etc.)
1 Clarification:
Discovery of a criminal act involving licensee personnel or contractors with the potential to impact facility operation or ar individual's trustworthiness or reliability in the nuclear setting (i.e., discovery of a conspirecy to bomb the facility or disturb its vital components, falsification of baciground screeningcertificates,etc.)
Guidance:
Discovery of falsified identification badges, key cards, or locks and keys.
l Clarification:
Discovery of intentionally falsified identification badges or key cards.
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Guidance:
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i Discovery of unaccounted for or unassigned key cards, and ID card blanks keys and lock sets, or any access device that could allow unautt.crized and undetected access to protected areas, material access areas; contrclied access areas, or vital areas if not properly compensated.
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Clarification:
Discovery of uncompensated and unaccounted for, lost, or stolen key cards, ID card blanks, keys, or any access device that could allow unauthorized or undetected access to pmtected areas, material access areas, controlled access areas, or vital areas if the licensee's safeguards' system cannot account for the loss.
Guidance:
Fire or explosion of suspicious or unknown origin within the isolation zone, protected areas, material access area, controlled access area, or vital area.
Clarification:
Fire or explosion of suspicious or unknown origin within the isolation zone, protected area, material access area, controlled access area, or vital area.
(Note: Events reportable under 10 CFR 50.72 do not require duplicative reports under10CFR73.71.)
Guidance:
Compromise of safeguards information which would significantly assist an individual in an act of radiological sabotage or theft of special nuclear material.
Clarification:
Compromise of safeguards infomation (including loss or theft) which would significantly assist an individual in an act of radiological sabotage or theft of special nuclear material.
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While the aforementioned exarnples are not all inclusive, there was sufficient I
basis for both the CRGR and Mr. Burnett to agree that the proposal should be i
modified as noted above and carefully reviewed by the staff to assure that the proposal will not inadvertently cause reporting that is unnecessary. For.
example, the CRGR discussed with Mr. Burnett the matter of unaccounted for badges and reporting such events. It was not clear to the Comittee or Mr.
Burnett whether badge loss occurs frequently and whether each loss is promptly reported to the NRC. Nevertheless, the RG revision calls for imediate notification (1 hotfr) of badge loss. The CRGR was concerned that this guidance could result iq.an increase in unnecessary reporting via the ENS.
Mr. Burnett stated that he would promptly review the proposal to assure that safeguards event reporting is appropriate and submit for CRGR conshieration his findings along with any resulting proposal modifications.
Furthermore, he indicated that he would promptly examine the matter concerning badge loss and l
report his findin5s to the CRGR.
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5-In sumary, the CRGR recomended that the proposal be modified to incorporate above clarifications and reviewed by the staff to assure that both 1 mediate and.other reporting of safeguards events are necessary and timely. After consideration of the findings of such a review, the Comittee will decide whether further CRGR consideration of the proposal is necessary.
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'o Reporting requirements for safeguards incidents
. Actual, attempted theft of SPM Threats System failures o Present requirements Complicated Inconsistent o Proposed requirements Standardize I
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JUSTIFICATION FOR REVISION I
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- 1. ' Clarifies reporting requirements 2.
Eases burden on licensees 3.
Provides for categorization of events by NRC/ FBI (not licensees) 4.
Establishes comparable level of reporting for safety and safeguards events 5.
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Reporting times NRC contact for reporting events Content of reports Categorization of events inconsistent with Atomic o
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PROPOSED REVISED REQUIREMENTS o Clarification
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4 BENEFITS OF RULE CHANGE I 1 1.
Reduces telephonic / written report burden by 80% with no degradation to safeguards 2.
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Simplifies requirements 4.
Provides cost savings to licensees and NRC 5.
Conforms categorization of events with Atomic Energy Act/ FBI policy i
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Improves IWtc data base for assessing generic issues.
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Provides comparability in reporting of safety and safeguards events i
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