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MEMORANDUM FOR: William J. Dircks Executive Director f_or Operations FROM: John 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 573.71, Reporting Requirements for Safeguards Events, to improve the clarity and effectiveness of the present rule.
In summary, the revisions to 573.71 will:
o clarify to licensees the' safeguards events that must be reporMd, o extend the period of time for submittal of licensee written reports, o assura standardi:ed 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 173.71 are consistent with thosc of 1850.72 and 50.73. Events reported under 1i50.72 and 50.73 are safety-oriented in nature; those reported under 573.71 are security-oriented. Proposed changes to 873.71 would not alter connitments made in response to the requirements of Part 50. Events of a dual nature, having both safety and safeguards impact, would not require duplicate reports. Also included as part of this rule package are conforming amendments to 10 CFR Parts 70 and 74 to assist in assuring consistency among reporting requirements.
Notices: This proposed rulemaking will be distributed to affected licensecs anc otner interested persons. A revised regulatory guide (Enclosure 2i will be issued concurrently with publication of this amendment. The Regulatory Analysis (Enclosure 3) will be placed in the NRC Public Document Roem. A public announcement will be issued (Enclosure 4). The aaprocriate Congres-sicnal Ccmmittees will be advised of these acticns (Enclosure 5). A notice B511210292 851022 PDR FOIA BELL 85-361 PDM y g , 3 ;, ' -
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William J. Dircks to the Commission that the E00 has signed this proposed rule is enclosed forinclusioninthenextDailyStaffNotes(Enclosure 6).
Coordination: The Office of the Executive Legal Director has no legal cojection and the Offices of Administration, Analysis and Evaluation of Operational Data, Inspection and Enforcement, Nuclear Reactor Regulation, and Nuclear Regulatory Research concur in the proposed amendment to 10 CFR Part 73.71.
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John G. Davis, Director Office of Nuclear Material Safety and Safeguards t
Enclosures:
- 1. FR Notice of Proposed Rule-making
- 2. Rysd Reg. Guide .
- 3. Regulatory Analysis .
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- 4. Draft Public Announcement
- 5. Draft Congressional ltr
- 6. Draft Daily Staff Notes Item --
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t 8 CONCURRENCE PAGE
-PROPOSED REVISIONS TO 10 CFR 73.71 G4$hn) -- 14 v
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, MAR 81S85 Aoproved for Publication 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 Director 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 re-quirements. Conforming amendments are also included for 10 CFR 70.52 and 10 CFR 74.11. In issuing this proposed rule, the E00 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
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does it amend regulations centained 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 rulemaking authority and am proceeding to issue it.
William J. Dircks Executive Director for Operations ENCLOSURE 1
3AR 8 1985 1 .
ATTACHMENT 1 Federal Register Notice O
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. MAP 8 MS NUCLEAR REGULATORY C0tVIISSION 10 CFR Parts 70, 73, and 74 Changes to Safeguards Reporting Requirements t.
AGENCY: Nuclear Regulatory Commission.
ACTION: Proposed rule.
SUl@fARY: The Nuclear Regulatory Commission proposes'to amend its regula-tions, for the reporting of safeguards events. The proposed rule would clarify the reporting requirements 'for NRC licensees and would improve
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the NRC safeguards event data base by requiring more uniform safeguards event reports. Licensees who will be affected are power and nonpower reactors, fuel cycle facilities, and some transporters, importers and exporters of special, nuclear m.aterial. The NRC uses the reported infor-mation to respond to incidents and to identify potentially generic safe-guards problems. The benefits to be derived from 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 .
- Comments received 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.
ACORESSES: Send comments to: Secretary of the Commission, U.S. Nuclear Regulatory Commission, 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.
" Insert 90 days after date of publication in the Federal Register.
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MAR a 1935 Examine comments received and the regulatory analysis at: The NRC Public Document Room, 1717 H Street NW., Washington, DC.
FOR FURTHER INFORMATION CONTACT: Priscilla A. Dwyer, (301) 427-4773
, Regulatory Activities Section, Division of Safeguards, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Cammission, Washington, DC 20555.
t SUPPLEMENTARY INFORMATION: 10 CFR 73.71 establishes an event reporting program to inform the Commission of safeguards events to permit timely response to ir.cidents. The data from this reporting program allows the Ccamission to determine the significance of events to identify possible i
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 unaccounted for shipments of special nuclear material, incidents or attempts of theft or unla'w ful diversion of special nuclear material, and incidents or attempts of sabo-tage. Subsequently, the Commission determined that it also needed reports of events 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 licensee's safeguards program, an amendment to 10 CFR 73.71 was pro-posed in October 1979 (44 FR 60743) that requires reports of events that 3 threaten certain nuclear activities or lessens the effectiveness of a safe-guards system. This amendment was published in January 1981'(46 FR 4858) i in final form, as a new paragraph (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-l 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 limited. For these reasons, the Commis-sion is proposing clarifying amendments to 10 CFR 70.52, 73.71, and 74.11 and issuing revised guidance to assist licensees in determining which events should be reported and to provido a format for doing so.
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M 8 55 For clarity, the distinction between an explicit and a potential threat has been removed. This distinction is now made clearer in the descriptions of reportable events. The categories of major and moderate losses have been eliminated and replaced by the descriptions of each type of loss. The losses are: " failures of the safeguards system that could D
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 notifi-cation and associated follow-up written report requirement has been deleted.
This requirement can be deleted bei:ause the revised requirements will ensure that all events requiring immediate NRC response will be reported i
within one hour and those pertinent to NRC analysis activities will be logged for quarterly submittal.
The requirements of S 7.3.71 are consistent with those of SS 50.72 and 50.73. Events r'eported under SS 50.72 and 50.73 are safety-oriented in nature; those reported under S 73.71 are security-oriented. Proposed 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 require duplicate reports. Information on how to report events of a dual nature is provided in a revised Regulatory Guide.
This proposed rulemaking also contains conforming amendments to 10 CFR 70.52 and 10 CFR 74.11 to provids further consistency among report-ing requirements.
The Commission received a petition for rulemaking assigned Docket No. PRM 50-36 from the Nuclear Utility Backfitting and Reform Group, (NUBARG). As discussed below this proposed rule would grant a portion of the petition. The petitioner has requested that the Nuclear Regulatory Commission amend 10 CFR SS50.54(p); 50.54(q); 50.55(e); 50.59(b); 50.72(a);
Part 50, Appendix E,Section V, section 73.71; and the Commission's NUREGs on Standard Technical Specifications with respect to certain reporting re-quirements. The members of this petitioner are' construction and/or oper-ating nuclear power reactors used for the production of electricity under 3 Attachment 1
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. MR 8 7E33 licenses issued by the NRC. Utilities licensed by the NRC to operate nuclear power reactors are currently subject to a variety of reporting requirements in connection with licensed activities. The petitioner sug-gests that the majority of these reporting requirements are valid and the purpose they serve justifies the considerable time which must be devoted to meeting them. However, some of these requirements are, in the opinion of the petitioner, excessive and/or duplicative. Accordingly, the peti-tiener has proposed that the Commission modify the various reporting requirements discussed in PRM 50-36 in order to promote 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 regulation be amended to provide that the required written reports be submitted by the licensee within 30 days of initial notification rather than within 15 days. According to the petitioner, this would allow the licensee's staff more time during the critical period immediately follow-ing such occurrence to devote to the resolution of the problem itself and would minimize inter'ference with daily operations. The Commission agrees that it is desirable to extend this particular reporting period from 15 to 30 days and has included provisions to do so in this proposed rulemaking.
ENVIRONMENTAL IMPACT: CATEGORICAL EXCLUSION The NRC has determined that this proposed rule is the type of action described in categorical exclusion 10 CFR 51.22(c)(3). Therefore neither an environmental impact statement nor an environmental assessment has been prepared for this proposed rule.
PAPERWORK REDUCTION 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.
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REGULATORY ANALYSIS The costs to industry will decrease from the current cost of $971,400 per year to $313,200 per year, or a net decrease of over 67 percent. This is due to the decrease in the number of reports that must be made or sub-mitted by affected licensees. The costs to the NRC will decrease from the current cost of $72,000 per year to $46,800 per year, or a net decrease of 35 percent. This is due to the reduction in telephone and written reports which will result in less time spent by the NRC in documenting and analyzing the submittals.
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 licensees. Some transporters, importers, and exporters of stra-tegic special nuclear material (SSNM) and spent fuel may be affected by this rule. Each year out of approximately 600 reported events, about 3 come from this group which includes small entities. The NRC invites comments from these parties.
The proposed rule also affects licensees who operate nuclear power plants and fuel facilities under 10 CFR Parts 50 and 73. 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, 73, AND 74 Part 70 - Hazardous materials - transportation, Nuclear materials, Packaging and containers, Penalty, Radiation protection, Reporting and 5 Attachment 1
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recordkeeping requirements, Scientific equipment, Security measures, Special nuclear material.
Part 73 - Hazardous materials - transportation, Incorporation 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 materials, Penalty, Reporting and recordkeeping requirements, Special nuclear material.
Fon 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 adoption of the following amendments to 10 CFR Parts 70, 73, and 74 is contemplated.
PART 70 - DOMESTIC LICENSING OF SPECIAL NUCLEAR MATERIAL
- 1. The authority citation for Part 70 is revised to read as 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, 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 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), 70.2?(c),
70.24(b), 70.32(a)(6), (c), (d), (e), and (g), 70.36, 70.51(c)-(g), 70.56, 70.57(b) and (d), 70.58(a)-(g)(3) and (h)-(j) are issued under sec. 161i, l 6 Attachment 1
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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, 70.58(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)).
Section 70.52 is revised to read as follows:
2.
i S 70.52 Reports of accidential criticality or loss or theft or attempted theft of special nuclear material.*
[(s)--Esch-iicensee shall-report-immediately-te-the-appropriate-NR6 Regional-Sffice-iisted-in-Appendix-A-ef-Part-73 ef-this chapter-by pi re and-telegraph--maiigrami cr-facsimiic-any-case-ef accidentai criticality
. and any-iess- ether-than normai operating-ioss-of-speciai-neciear-materia 4:
(b3--Esch-licensee-whe pessesses-i gram-er-more-of-contained craniem-235-d eranit -ES3- or picteniem-shaii-report-any-theft or-attempted-theft-secording l to-the-requirements set out-in-3-74:ll-of-this chapter:3 i
j (a) Each licensee shall notify the NRC Operations Center listed in Accendix A of Part 73 of this chaoter within one hour after discovery of any case of accidental criticality or any loss, other than normal coerating loss, of scecial nuclear material.
(b) Each licensee who possesses 1 gram or more of contained 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 discovery of any loss or theft or unlawful diversion of special nuclear material which the licensee is licensed to possess or any incident in which an attemot has been made or is believed to have been made to commit a theft or unlawful diversion of such material.
(c) This notification must be made to the NRC Operations Center via the Emercency Notification System if the licensee is party to that system.
If the Emergency Notification System is inocerative or unavailable, the licensee shall make the reouired notification via commercial teleohonic service or other dedicated telechonic system or any other method that will ensure that a recort is received by the NRC Ooerations Center 1 within one
^ Comparative text; additions to existing regulations are underlined and deletions are dashed through and enclosed in brackets.
ICcmmercial telephone number of the NRC Operations Center is (202) 951-0550.
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hour. The exemotion of $73.21(a)(3) acolies to all telechonic recorts recuired by this section.
(d) Reports recuired under S73.71 need net be duolicated under the recuirements of this section.
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.
161i, 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)(8) and (h), 73.55(h)(2), and (4)(iii)(B), 73.70, 73.71, 73.72 are 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 a a S 73.71 Recorts of unaccounted for shioments, susoected thefts, or unlaw-ful diversions [radiefegicai ssectage-or events---which significantiy thresten er-lessen-the effectiveness-ef ssfegestds] and other safe-quards events.
[(s)--Esch-ficensee-who-condeets-s-trace-investigation-of-a-iost or enseceented-fer shipment perscant-to-S-?S-2?fe) shaii-notify-the-NR6 eperatiens-6 enter vis-the-Emergency-Notifiestien-System-as seen as possibie--and-in-sii cases within-one-heer--ef-the-de:siis and rescits o f-i ts- trace-i nv e s ti ga ti o n---i f- the- Eme rg e n cy-No ti fi c ati e n-Sys tem-i s 8 Attachment 1
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ineperative-or unavaiisbie;-the-ficensee shali make-the required notifi-estiens vis ce=ercisi-telephone service; ether-dedicated-telephone systems- er eny ether methed-which will ensere s-report-being-made premptiy-te-the-NRS-Operstiens-Eenter:--Esch-licensee who condect a trace-investigation of a-lost-er unscccented-for-shipment pursuant-te S-73:57(e3(3)(vi3 er-S-75-67(g3(3)(iii3 shsii notify-the-NRS-6perations 6 enter-via comercial-telephone esing-the-nember provided-in-Appendix-A as seen-as pessible- and-in-all cases-within-one-heur of-the-detsiis and rescits-ef-its-trace-investigation:--The-ficensee shsii aise-file-within a peried of-fifteen-(153-days a written repert-to-the-appropriate NRS-Regionsi-Sffice setting-icrth-the-detsiis and rescits-of-the-trace investigatien:--A-copy-ef-this-written report-mest-be sent-to-the-Biree-ter--6ffice-ef-inspectien and-Enfe'reement--6:S:-Neciesr-Reguistory 6:=i s s i e n;-Wa s hi n g to n-- 96--69555r ]
[(53--Esch-licensee-shsil-notify-the-NR6-6perstiens-6 enter via-the Emergency-Netifiestien-System as-seen ss possibie7 snd-in sii cases wite.in-ene-heur7-ef-any-incident-in which-an attempt-has-been made; or is-beiieved-te-hsve-been-made;-to-cemmit a-theft cr-uniswfai-diversion of specisi neciear msteriai-which-it-is-iicensed-to pessess--er-to commit sn set ef-radiciegicai-ssbetage agsinst-its pisnt-cr-transportation system---if-the-Emergency-Netifiestion-System-is-inoperative-or unsvaii-shie--ths-iicensee shali-make-the required-notifications via cemmercial teiephone-service- ether-dedicated-telephene systems; or eny-ether method which wiii ensere a report-being made premptly-to-the-NRE-6peratiens Senter:--The-initisi notificatien-mast-be-foliewed-within s peried of fifteen-(153-days-by s written repert- schmitted-to-the spprepriate-NRS Regionsi-6ffice-shewn-in-Appendix-A of-this part setting-ferth-the-detsiis of-the-incident:--Sepies-of-the-written repert-are-to-be sent-to-the Sirecter of-inspectien and-Enforcement i-Br$ -Neclear-Reguistory-6cemis-sien;-Washington;-BS-26555:--After-the sebmissien of-the-written report required-by-this psrsgraph7-s-iicensee shsii-immediateiy-inferm-the apprepriate-Regionsi-6ffice-by means of-a written-report-of any sebstan-tive additiensi-infer =stien which-becomes sysiisbie-to the-licensee cencerning-the-incident;]
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[fe)--Esch-licensee under either a specifie or generai-license shafi notify-the-NRE-Operatiens-Eenter-via-the-Emergency-Netificacien-System ss seen-as possibie- and aii esses within one-heer; ef any event-which significantly-threatens-er-iessens-the effectiveness of s physicsi seco-rity system-as estabiished-by-regaistions-in-this-chapter- er-by-the licensee 4-spproved physical-security; contingency- and-security person-nei qualification and-training pians- er-by-both:--if-the-Emergency Netifiestion-System-is-ineperative-er-enavaiiebie--the-iicensee shali make-the-required notifiestions via cemmereisi-teiephene service; ether dediested-telephone systems--er any ether-methed-which-wiii ensare a repert-being made promptly-to-the-NRE-Operatiens-Eenter---This notifi-cation must-be-=sde-within-the-time peried specified-below:--The-time peried-begins-epen-discovery of-the event-by any-member ef-the security orgsnization er any-ether empicyee-of-the-ficensee---The-iieensee shsii sebmit a-written-repert-te-the-appropriate-NRE-Regionai-Office--iisted-in Appendix-A-ef-this part--describing-the event-in-detail within-5-days-ef the-time-of-diseevery---A copy-of-this written-report mest-be sent-te the-Birector ef-insp'eetion and-Enforcement;-8-Sr-Neeiest-Reg =istory Eemmission--Washingten--BE-20555---This-netifiestion and-these-reports satisfy-beth-the-notifiestien requirements of-Pert-El ef-this chapter-if-the event-is sise reportsbie under-Part-Ei- snd-s-50:?Efs)(43-of-this chapter--if-sppliesbie---A separate-leg mest-be maintained-to-record events reportable-ender-S-73-71---Eieensees need-net report any event which-is-designated-ss not reportable-in-their security or-centingency plans-]
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. eraamed reac"w fuel. er at facMas acerrped to gesaaes ,
GerTMhas cuenense of $$*4M. or (2) meu st me cz r=w*tstcalert ,,
EvT' ems W to a6ctroi cf*3ie ree3:P"So beczuTW mcDerm swee *M*eA pr00er compermatsos Lcensees wrecre are N3ar*310 meet De reasemeens of 10 CF4 T323. 73J7 73J50. are 7335 mew be nicact so ta m s e. et . *
'Prrermae tweat A potertal Tweat e efamarnam recepred try a sensey Orga"l7. arson **=dt anscoras a Demof Oet an act
. cf thert er r=a-as sacetage se be snerrosse, aa leereses 8rtey be endDeest to The M *
'Pr3 Deny comcorisaestL PPseerey _ _ memous ,_
P*es. rwa es soscrtad es a tactrov er eccentemer Dann er, d me evert a set apoc9ed n areer os esse peere, it meer=a mesmaus evoemereed werve to povees or are ruwers osaporte ret lytreuse a sove af esosey esswesent to met eumrv) bewwe the escrit Leer.sese =reen are reased to fneet he 8eotme wits of to CFA T3M 73;7 and 73.50 mov to ==w to"=ru event.
8 kloonrate aans ce prayscal secasWy e8'ecSweness 4 tro$=
e'e9 Ides cf gryscal secuMy ewec".rwarwees ccriers wSept (1)
A masr toes of erMcirwow cca.as tPJB e property ccmper>
Betel (2) tecuey feet.r*s Droeee: Post seu:n anew unaumer.
Sed or unessoc:ed access to erotec=ei$ cr cornat>=ed actees a
armas y ofw=wa.s et wie stateac mgrw cuce rucso-ar me'eriet A a broset.swn A *=caswy 'eatwee sactect==y frw*.
--eores acewe.e - fer mvis.se oe arene occus
-e wreene toe,ves mese
-- -i.. ee.e -
er o.e -.on va acer.se. , w NOTE: The above table is deleted in its entirety.
11 Attachment 1
,. m -
MAR 82E
[7590-03]
9 73.71(a)(1) Each licensee subject to the provisions of SS 73.25, i3.26, 73.27(c), 73.37, 73.67(e), or 73.67(g) shall notify the NRC
, Operations Center within one hour after discovery of the loss of any shipm:nt of SNM or scent fuel, and within one hour after recovery of or accountability for such lost shipment.
(2) This notification must be made to the NRC Ooerations Center listed in Appendix A of Part 73 of this chaoter via the Emergency Notification System, if the licensee is party to that system. If the
, Emergency Notification System is inoperative or unavailable, the licensee i
shall make the required notification via commercial telephonic service or
, other dedicated telechonic systems 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(g)(3) acclies to all teleohanic recorts recuired
, by this section.
, (3) The licensee shall, uoon request of the NRC, maintain an open and continuous communications channel with the NRC Ooerations Center.
(4) The initial telechonic notification must be followed within a period of thirty (30) days by a written report submitted to the U.S.
Nuclear Regulatory Commission. Document Control Desk, Washington,0C 20555.
The licensee shall also submit one cooy each to the acoropriate NRC j Recional Office listed in Apoendix A to this cart and if acclicable the accroariate NRC Resident Insoector.
(5) Significant suoplemental information which becomes available after the initial telephonic notification to the NRC Ooerations Center or after the submission of the written report must be telechonically recorted to the NRC Operations Center listed in Accendix A of Part 73 of this chapter
' and also submitted in a revised written recort to the Regional Office, the
~
Document Contrni Desk and if acclicable the accropriate Resident Insoector.
Errors discovered in a written recort must be corrected in a revised recort.
The revised report must reolace the previous recort: therefore, the uodate i ~ must be a comolete entity and not contain only supolementary or revised information. Each licensee shall' maintain a cocy of the written recort of an event submitted under this section as a record for a ceriod of three years from the date of the recort.
' Commercial telephone' number of the NRC Operations Center is (202) 951-0550.
12 Attachment 1
_. . . _ = _ _ _ = _ _ _ _ _ _ _ _ _ _ _ _ _ - - _ _ _ _ _ _ _ _ __-_______ ____ -__ _ _ _ _ _ _ _-_-__ - ____ _ _ - _ x - __ - _
^ ^ '-~ ~^
[759 hk] 8 35 (b)(1)- Each licensee subject to the provisions of SS 73.20, 73.37, 1 73.50,-73.55. 73.60, and each licensee possessing strateoic soecial nuclear material (SSNM) and subject to SS 73.67(d) and 73.67(e) shall notify the NRC Ooerations Center listed in Accendix A of Part 73 of this chapter within one hour of discovery of the safeguards events described '
in paragraons I.(a), (bl, and (c) of Appendix G to this cart. Licensees
'. subject to the provisions of S 73.67 (f), and (g) shall notify the NRC l
Ooerations Center within one hour after discovery of the safeguards events described in caragraoh I.(a)(1) only of Accendix G to this cart.
,2)
( This notification must be made in accordance with the reouire-ments of caragraohs (a)(2), (3), (4), and (5) of this section.
(c)(1) Each licensee subject to the provisions of SS 73.20, 73.37, 73.50, 73.55, 73.60. and each licensee possessing SSNM and subject to SS 73.67(d) and 73.67(e) shall maintain a current log and record the safeguards events described in caragraphs II.(a) and (b) of Aopendix G to this cart within 24 hau' rs of discovery by a licensee emoloyee or member of the licensee's contract security organization. The licensee i_ shall retain the 100 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 cooies of all safeguards event log entries not previously submitted. Each l licensee shall submit one cooy each of their 100 entries to the U.S. Nuclear Regulatory Commission, Document Control. Desk Washington, DC 20555, and if aoolicable the accrooriate NRC Resident Inspector.
(d) Each licensee shall submit to the Commission the 30-day written recorts and cooies of the safeguards event log entries reouired under
, the provisions of this section that are of a cuality which will cermit legible recroduction and micrcorachic orocessing. If the facility is subject to S 50.73 of this chaoter, the licensee shall prepare the written recort 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 recort in letter format. In either case the recort must include sufficient information for NRC analysis and ,
evaluation, i .
13 Attachment 1
,- , , , . . . . . , ~ c , -_. - ,. . . . . , - , . , , , , . . . , . , . , , ,,.,,,,,,-4 .-r,
. ._ w
. s ,
,- - M
[7590-01] R ;.cg5 (e) Ouolicate reports are not recuired for events that are also recortable in accordance with SS 50.72 and 50.73 of this chaoter.
- 3. A new Accendix G is added to read as follows:
Aopendix G - Recortable Safeguards Events
' 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, 73.55, 73.60, and 73.67 shall report or record, as approoriate, the follcwing safeguards events.
t I. Events to be recorted within one hour, followed by a written report within thirty days.
(a) Any event in which there is reason to believe that a person has committed or caused, or attemoted to commit or cause, or has made a cred-ible threat to commit or cause:
(1) A theft or unlawful diversion of special nuc' ear material or-spent fuel: or (2) Significan't physical damage to any facility possessing SSNM or its ecuipment or carrier ecuipment transporting nuclear fuel or scent nuclear fuel, or to the nuclear fuel or scent nuclear fuel a facility or carrier possesses; or (3) Interruption of normal ooeration of a licensed nuclear oower reactor through the unauthorized use of or tamoering with its machinery, components, or controls including the security system.
(b) Any failure of a safeguards system or discovered vulnerabil-
~
ity in a system that could allow unauthorized or undetected access to a protected area, material access area, controlled access area, vital area, or transport for which procer comoensatory measures have.not been established. A "procer compensatory measure" for a carticular safeauards event as used in this Appendix means a~ measure that is soecified in a security or contingency olan or security procedure. If the particular i safeguards event is not described in a plan or procedure, then a "orocer comoensatory measure" means a measure imolemented within 10 minutes of-an event's discovery that orovides a level of security essentiallv ecuiva--
lent to that existing before the even_t._
14 Attachment 1--
4 f
, -,v-,. -- ,e ~ ,.-,,,,,-,,..--.,w - - * , . v#-.,-.-.
. _. - ~ : =_ . u . . . - - . . . . :: . c ,
^
,ww~.
.. e.
ypR 8 1903
[7590-01]
4 j (c) Any unauthorized entries through a required barrier (whether or not the event is orocerly comoensated. )
1' II. Events to be recorded within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> and submitted in quarterly log (a) ~ Any failure of a safecuards system or discosered vulnerabil-ity in a system that could allow unauthorized or undetected access to a protected area, material access area. controlled access area,
, vital area, or transport for which proper compensatory measures have been established.
(b) Any other failure of- a safeguards system not included in i
paragraoh II.(a) of this accendix if the failure degrades the effective-ness of the system.
l PART 74 - MATERIAL CONTROL AND ACCOUNTING OF SPECIAL NUCLEAR MATERIAL The authority citation for Part 74 continues to read as folicws:
AUTHORITY: Secs. 53, 57, 161, 182, 183, 68 Stat. 930, 932, 948, 953, 954, as amended, sec. 234, 83 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.
L 5842,5846).
4 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.161,b and 161i,
[ 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. 1610, 68 Stat. 950, as amended i
-(42 U.S.C. 2201(o)).
- 1. Section 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-immediately-to-the appropriate-NRE-Regionai-6ffice-listed-in-Appendix-A of-Part-73 of-this i
15 Attachment 1
.- _ . - - , - . . , , , . - . - - _~< ,- - . _ _ y y,,,-y.,-
SR $ ESS
[7590-01]
chapter-by-telephone-and-telegraph--maiigram--er-facsimile] notify the NRC Ooerations Center listed in Accendix A of Part 73 of this chapter within 1 hour1.157407e-5 days <br />2.777778e-4 hours <br />1.653439e-6 weeks <br />3.805e-7 months <br /> of discovery of any loss or theft or other unlawful diver-sion of special nuclear material which it is licensed to possess, or any incident in which an attempt has been made to commit a theft or unlawful diversion of special nuclear material [in-accordance-with-the precedures in-S-73-Fi-ef-this-chapter]. This requirement does not pertain to measured discards or inventory difference quantities.
(b) This notification must be made to the NRC Operations Center via the Emeroency Notification System if the licensee is carty to that system.
If the Emercency Notification System is incoerative or unavailable. the licensee shall make the reouired notification via commercial telechenic service or other dedicated telephonic system or any other method that will ensure that a report is received by the NRC Operations Center 1 within one hour. The exemption of S 73.21(c)(3) acolies to all teleohonic recorts i recuired by this section.
(c) Reoorts reouired under S 73.71 need not be duolicated under the requirements of this section.
Dated at Bethesda, Maryland this day of , 1985.
- For the Nuclear Regulatory Commission.
William J. Dircks, Executive Director for Operations.
l l
' Commercial telephone number of the NRC Operations Center is (202) 951-0550.
16 Attachment 1
, . ?AR
. ! E!5 ATTACHMENT 2 Revised Regulatory Guide e
+ w w