ML20149F782
| ML20149F782 | |
| Person / Time | |
|---|---|
| Issue date: | 01/15/1988 |
| From: | Zech L NRC COMMISSION (OCM) |
| To: | Bush G SENATE, PRESIDENT OF THE SENATE |
| References | |
| NUDOCS 8801140332 | |
| Download: ML20149F782 (8) | |
Text
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PM4 UNITED STATES
- fg y NUCLEAR REGULATORY COMMISSION WASHINGTON, D. C. 20555 3 E
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CHAIRMAN January 15, 1987 8&
The Honorable George H. W. Bush President of the
'hited States Senate Washington, D.C. 20510
Dear Mr. President:
Enclosed is a Nuclear Regulatory Commission legislative proposal in the fonn of a draft bill to modify Section 236 of the Atomic Energy Act of 1954, as amended. Its purpose is to expand the scope of Section 236 so that it would be a crime to sabotage or attempt to sabotage a nuclear production or utilization facility during its construction where the action, if it went undetected, could affect public health and safety.
Currently, Section 236 covers acts of sabotage to a utilization facility only after it has received its operating license from the Coninission.
Sabotage during the later stages of construction, particularly during pre-operational testing, can be equally serious. For example, a bag containing some parts was found inside a pipe which had been welded closed after it had undergone several pre-welding checks at a plant under construction in 1984. While this incident was detennined to be negligence rather than sabotage, it demonstrated that an act of sabotage during construction could potentially have an adverse effect on public health and safety. Sabotage at late stages of construction is of special concern because of the possibility that it might not be dis-covered prior to operation because most inspections which would have discovered the sabotage would have already occurred. We believe that legislation is warranted to provide greater protection for the public health and safety by enacting criminal sanctions to deter such sabotage.
The language of the proposed legislation narrowly defines the type of sabotage which would constitute a federal offense. The sabotage or attempted sabotage must be serious enough to have a possible effect on public health and safety if not discovered prior to operation.
A draft bill (Enclosure 1), an analysis of the draft (Enclosure 2),
comparative text (Ei. closure 3), and a memorandum explaining in greater detail the need for the legislation (Enclosure 4) are provided.
Sincerely, 8801140332 871115 s PDR COMMS NRCC CORRESPONDENCE PDR
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L6ndo W. Ze , Jr.
Enclosures:
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- 1. Oraft Bill
- 2. Analysis of Preposal
- 3. Comparative Text
- 4. Memorandum i i
a
ENCLOSURE 1 DRAFT BILL i
To amend the Atomic Energy Act to provide criminal sanctions for an act of sabotage of a nuclear power plant during its construction which could affect the public health and safety were it to go undetected.
l Be it enacted by the Senate and the House of Representatives of the United States of America in Congress assembled, that:
Section 236 of the Atomic Energy Act of 1954, as j
amended, is amended to read as follows:
"Sec. 236. Sabotage of Huclear Facilities or Fuel--
"a. Any person who intentionally and willfully destroys or causes physical damage to, or who i
intentionally and willfully attempts to destroy or cause physical damage to--
l
"(1) any production facility or utilization facility licensed under this Act;
"(2) any production facility or utilization facility during its construction where the action could affect public health and safety if undetected prior to operation;
"(3) any nuclear waste storage facility licensed under this Act; or
"(4) any nuclear fuel for a utilization facility licensed under this Act, or any spent nuclear fuel from such a facility; shall be fined not more than
$10,000 or imprisoned for not more than ten years or both.
"b. Any person who intentionally and willfully causes or attempts to cause an interruption of normal operation of any such facility through the unauthorized use of or tampering with the machinery, components, or l
controla of any such facility, shall be fined not more I
than $10,000 or imprisoned for not more than ten years, or both."
l
ENCLOSURE 2 SECTION ANALYSIS.
The purpose of this amendment is to extend federal criminal sanctions to sabotage or attempted sabotage of a production or utilization facility during its construction. Only acts which potentially affect the public health and safety, were they to go undetected, will be subject to federal criminal sanctions.
l
ENCLOSURE 3 COMPARATIVE TEXT The amended section 236 of the Atomic FS.'rgy Act of 1934, as amended, would read as follows:
"Sec. 236. Sabotage of Nuclear Facilities or Fuel--
"a. Any person who intentionally and willfully de:ttroys or causes physical damage to, or who intentionally and willfully attempts to destroy or cause physical damage to--
"(1) any production facility or utilittation-facility licensed under this Act;
"(2) a production facility or utilizi. tion facility during its construction where th! action could affect public health and safety if undetected prior to operation;
"(2)(3) any nuclear waste storage facility licensed under this Act; or
"(J)(4) any nuclear fuel for a utilization facility licensed under this Act, or any spent fuel from such a facility; shall be fined not more than $10,000 or imprisoned for not more than ten years, or both.
"b. Any person who intentionally and willfully causes or attempts to cause an interruption of normal operation of any suen facility through the unauthorized use of or tampering with the machinery, components, or controls of any such facility, chall be fined not more than $10,000 or imprisoned for not more than ten years, or both."
ENCLOSURE 4 LEGISLATIVE MEMORANDUM IN SUPPORT OF PROPOSED BILL The proposed amendment would modify Section 236 of the Atomic Energy Act of 1954, as amended, to provide criminal sanctions for sabotage or attempted sabotage of a production or utilization facility during its construction where the action could affect public health and safety if undetected prior to operation of the facility.
Section 236, which made sabotage or attcmpted sabotage of production or utilization facilities a federal crime, was enacted in 1980, in response to a sabotage incident at the Surry nuclear reactor in Virginia. The purpose of the amendment was to make willful and intentional acts of sabotage to nuclear facilities a federal crime in order more adequately to protect the health and safety of all Americans and their environment. 125 Cong. Rec. H11500 (daily ed.
December 4, 1979). A secondary purpose of the legislation was to secure the investigative resources of the FBI should another such incident occur. 125 Cong. Rec. H11499 (daily ed. December 4, 1979).
The version of Section 236 originally introduced by Senator Byrd provided criminal sanctions for acts of sabotage against facilities "whether constructed or in the process of conatruction." 125 Ceng. Rec. S9597 (daily ed.
July 17, 1979). In the floor debate that followed the
2 introduction of the amendment, Senator Hart objected to including plants under construction in the amendment's coverage, reasoning that: "[ alt many stages, if not all stages of the construction, there is nothing particularly critical or hazardous about the construction of the plant."
125 Cong. Rec. S9597 (daily ed. July 17, 1979).
A similar amendment to the Atomic Energy Act of 1954 was introduced in the House of Representatives by Congressman Harris. In the floor debate that followed the amendment's introduction, Representative Harris spoke of his amendment as applicable to an act of sabotage "at a facility producing nitclear energy." 125 Cong Rec. H11501 (daily ed.
December 4, 1979). While the House's intent to exclude plants under construction is not as clear as the Senate's, the phrase "producing nuclear energy" necessarily excludes plants uader construction.
Thus, while the language of the present Section 236, "any . . . utilization facility licensed under this Act,"
could arguably include plants which have been granto' construction permits by the Commission, the legislative history strongly suggests that sabotage during the construction phase is not covered by the section.
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o 3
The need for this legislation is illustrated by an incident which was discovered in 1984 at a plant under construction. There a bag containing some parts was found inside a pipe which had been welded closed after it had undergone several pre-welding checks. While this incident i
was determined to be negligence rather than sabotage, it demonstrated that an act of sabotage during construction e uld potentially have an adverse affect on public health and safety. Sabotage during the later stages of construction, particularly during pre-operational testing, is of special concern because of the possibility that it might not be discovered prior to operation since most of the inspections which could have led to the discovery of the sabotage would have already taken place. Thus, the Commission believes that enacting criminal sanctions to help deter such sabotage is warranted to more adequately protect the public health and safety.
The restrictive language of the proposed amendment reflects the Congressional concern that only those acts of sabotage or attempted sabotage that could adversely affect public health and safety be included within the scope of Section 236. Although it is true that at the construction phase of a plant there is nothing particularly hazardous about a plant, the incident described above, while not
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determined to be sabotage, demonstrates that the public health and safety could be harmed by sabotage that occurs during construction. Thus, the language of the proposed legislation narrowly defines the type of sabotage or attempted sabotage which would constitute a federal crime as that which would be serious enough to have a possible effect on public health and safety if not discovered prior to operation.
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