ML20197C437

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Partially Withheld Memo Recommending That NRC Rulemaking Re Access Authorization & Physical Protection of Plants Sponsored by NMSS Continue.Current Search Regulations Requiring pat-down & Equipment Searches Discussed
ML20197C437
Person / Time
Issue date: 06/06/1985
From: Minogue R
NRC OFFICE OF NUCLEAR REGULATORY RESEARCH (RES)
To: Dircks W
NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
Shared Package
ML20197C372 List:
References
FRN-49FR30726, RULE-PR-50, RULE-PR-73 AA36-2-006, AA36-2-6, NUDOCS 8611060148
Download: ML20197C437 (3)
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t UNITED STATES NUCLEAR REGULATORY COMMISSION 1

c a a" 'I WASHINGTON. D. C. 20555 MEMORANDUM FOR: William J. Dircks Executive Director for Operations ~

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FROM: Robert B. Minogue, Director Office of Nuclear Regulatory Research

SUBJECT:

CONTROL OF NRC RULEMAKING: RES INDEPENDENT REVIEW 0F ONG0ING RULEMAKING SPONSORED BY NMSS Based on our inde lemaking, sponsored by NMSS, RES recommen that this rulemaking e inue. The basis for our recommendation is as follows.

This proposed rule is a part of the Insider Rule Package, along with the Access Authorization Rule and the Miscellaneous Amendments concerning Physical Protection of Nuclear Power Plants. All three proposed rules were published together on August 1,1984 for public coment because of their marked interrelationship. The public comment period ended on March 7, 1985 and the staff is currently analyzing the comments.

Current search regulations, which are incorporated in licensee security plans, require that regular employees be subject to either a physical search (pat-down) or an equipment search (metal and explosive detector), whereas visitors are subject to both pat-down and equipment searches. According to NMSS, as substantiated by several government agencies (e.g., the Justice Department and Department of Defense), the use of pat-down searches have been proven to be not as effective as equipment searches when used on a routine basis. A pat-down search is primarily intended to be a quick cursory search for weapons of moderate size and bulk concealed in or under the clothing and was never intended to be a technique for the detection of concealed explosives. Correct techniques -

are rarely employed by individuals conducting pat-down searches. As a result, the pat-down search of all employees, executives, and visitors at a nuclear power plent would certainly create hostility and a poor public relations image which will probably in turn result in poor searching. In fact, objections were raised against the use of pat-down searches by unions, individuals employees, utility management, and members of Congress, and a petition for rulemaking (PRM 73-2) is pending against the use of pat-down searches. Therefore, the staff is revising the search requirements for individuals entering the protected areas of nuclear power plants by limiting the option of a pat-down search to use as a compensatory measure and clarifying the procedure for equipment searches for all individuals entering the protected area. Provisions are also proposed to exempt bona-fide federal, state, and local law enforcement personnel on official duty and to require pat-down searches only when the licensee has cause to suspect -

that individual is attempting to introduce firearms, explosives, or incendiary devices to a protected area, or when the portals are out of service. Licensees will also be required to submit revisions to their security plans defining how final search requirements will be met, therefore, standardizing licensee search procedures at all sites.

8611060149 861104 PDR PR SO 49FR30726 PDR

William J. Dircks 2

.,..t Since licensees already possess the necessary equipment for an equipment search, this proposed rule will affect licensee procedures at negligible cost, requiring only a minor amendment to their security plan. The impact on NRC operations will occur in the area of licensing review of amended licensee security plans.

Initial cost to the NRC is estimated to be $46,100 and estinated annual cost in subsequent years is $5,800.

Since requirements for searches have been in effect for some time, and modifications to those requirements are needed, alternatives to this rulemaking such as revised guidance would be inappropriate in that they would not carry the force of a regulation.

1 The Director of NMSS recommended continuation of this rulemaking.

i 4 The complete RES independent review package has been sent to OEDO (Attention:

DEDROGR) and to the Director, NMSS.

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W I 4 583 MEMORANDUM FOR: William J. Dircks Executive Director for Operations FROM: John G. Davis, Director Office of Nuclear Material Safety

, and Safeguards

SUBJECT:

CONTROL OF NRC RULEMAKING - EDO QUARTERLY REVIEW In response to your memorandum of February 13, 1984, and in accordance with .

instructions provided in subsequent memoranda from the Office of Nuclear Regu-latory Research (NRR), the Office of Nuclear Material Safety and Safeguards (NMSS) has reviewed the ongoing or proposed rulemaking activities listed in Attachment 1 to this memorandum. On the basis of our review, we recommend approval of continued activity on these rules, with the exception of "Certifi-cation of Industrial Radiographers" and " Shallow Land Disposal of Radioactive Waste". Staff efforts on these are now directed toward terminating the two rulemaking activities. -

i Also, as directed by your memorandum and the subsequent instructions from RES,

, we have prepared Review Packages for all of the listed rulemaking activities.

These are included as attachments to this memorandum, with copies forwarded to t

RES and the other reviewitig office . -

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i J hn G. Davis, Director Office of Nuclear Material Safety and Safeguards -

Attachments:

As stated bec: RES RM DRR

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A DIVISION OF SAFEGUARDS

" Searches of Individuals at Power Reactor Facilities (Part of InsiderPackage)"

Contact:

John Davidson 427-4708 9

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6 NRC REGULATORY AGENDA ENTRY 64.

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RULEMAKING AS CURRENTLY PROPOSED D

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'h Federal Regleter /'Vol. '48. No. See / Wednesday. August 1.1984 / Proposee stuses e ausessentraer usensenteest On ensinamentalimpact statement nor an i

' December 1. asso, the e-'==8- enversamentalesseeement has been mitended theimpismomeeden date for prepared for tids proposed rule.

petalown searches at powerreactors estil revloed esereb procedures could be Paperweek Badusales Act .

writtenin physical plans and m proposed rule has been embaltted '

j appre'ed (45 FR 79510). At same io the OfBoe of Management and Budget time, thec=='=='== leoned proposed for clearance of theinformation l

revisions to 30 CFR F3.EE(d)(1) to Snalise souestlos requirensets that may be 3*4"I'****8' I psommel searches at . appropriah ender to paperwork j protoceed area entry portals of power i rensassa,(45 FR FDest).

n=8-d- Act (Pab. I. Os 411).ne SF-t gg, -Regeset for coeremos

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! He CommissionisWeed and roomind Statement, and related decomentation - l public ====* sa the propoud .sebmitted to OMB will be placed in the

' 10 CpH part 73 aneminents. Comments were ecoind NRC Public Document Room at1717 H

' h 25 anHMen, ene Wtry Street NW, Washington. D.C 3D555.He

> . Searches of Inq3vestuale et power osedicados espaindoes, one material will be evaHable for inspection P. easter pessities equipment ===8-*=sr. one- ,,,,,y,,- g government agency, and two private ammeev: Nuclear Regulatory citizens.noe-='=='- has now Esgulatory Flee 9dSty CardSmeelen

' Comunission. revised the rule eencarning search la accordance with the Regulatory acmost Proposed rule. requirasmantslalight oftbe public Fledbuity Act of1980,5 UAC GDE(b).

comuments and m mopease to suensanv:De Nuclear Regulatory r======tations made by the Safety / the ca===i==ia= bereby certises that e-==='- is propostas an ====4==it these proposed regulations wiB not, if, Safeguenis Rev6ew Comanttee.nis ,

ts for entry eserches at promaiented, have a seriamme is l's .,! Committee had the overall teak of sonnounc hopect on o embetantial power reactor facihties.His regulation studying power reactor enfeguards is needed to clarify requirements for requirements'and practicne to determine member d small enuties.mee searches ofindividuals at these whether actual or potential conSicts proposed regulations affect electric facgities.nis ====i===+ requires ' exist with plant safety objecoves. stutties that are doadaantin their equipment searches of aR tedividuals he P--i,=8-is now proposing .m- servios areas and that own emeldng ecosse to protected areas except that all parenes entering the protected and operate naciser power plants. Dese onwiuty peace ofRoom, and pet < lown area of anclear power plants (emospt on. stuitles do not fall witida the definition

  • eserches when detection equipment duty law enforcement ofBeers) be d senau businseems set forth in Section 3 -

faus, er esose to suspect exists.nis / searched using metal detectors and of the Sean Business Act.18 UAC es2.

proposed ====8-==+ wiR support the explosive detectors.nis orwitida the Smau Busmess Sise e-i==a s goal of inemend . ====*===+ disers from current Standards set forth in to CFR Part 121.

assurance that power reactors are interim procedures in that would hoe proposed regulations wHl afect adegastely protected against sabotage be subject to routine eqmpmen sosne nuclear powerindustry i by an 1.nsider. --- - --

eserches rotbar than physical" pet- contractors and vendors aR of widch are savum N ====t period expires . down" esarches. " Pat-down" eserches large concerns which service the Friday. December 7.1tes. r--ts would be required only when the industry.

licensee has enese to enspect that an

' received after this date wGl be imliddual is attempting to introduce NM , ,

, considered if it is practical to do so, but '

i assurance of consideration cannot be contrabend (firearms, emplosives, or ne net increase initial cost to the given except as to a====+= received l===ti==les), or when the detection ' NRC des to estimated time to be opent )

on or before tids.date. equipmentis est of service.N la reviewing proposed changes to ma-==== exempdon for on<luty law efam===t physical protecuon plans is $46.1K Comments should be sent initiaDy and 35.aK per year thereafter.

to the Secretary of the e==mia= ion. UA { of5cers has been added se a matter d j Nuclear Regulatory r===inata= pra dyH haplementation of these revised  !

e requirements as proposed beten would j Washington,DC20585. Attention: use dramion h for screened Docketing and Seryw= nranch. not represent any increase costs to inkviduals,het es Safey/Saf@ tEconeem b um mq h  ;

Comments may also be delivered to Review Comanttee found that most j arms and explosives detection )

l Room 1121.1717 Wcshington.DC betweenHa:1bStreet a NW" 10015Econson have W W to

.sn.and equipment is currently in place at most l equipment searches, and beheve *** ***

5:00 pan. Copies of comunents received that changing to random seartbes would fora the ePubuc h requiressent ====i==t is ansportation.

DocumentRoom at1717 H Street NW., being repubuskd because dits Hazardoes meu Washington. DC Nuclear materials. Nuclear power plants mte nle M y wie te g and reactors. Penalty. Reporting pon pusman esposuaatiose costract: Access Authorisaden Rule.

Tom R. Allet.Cidef. Regulatory requirements. Security measume.

Activities Seuion, er Henry S.

Environesentallupact:Cateemiel For the reasons set out in the

'" preamble and under the authority of the Cumenthal IE. Division of *:" .- - -!=,

Atomic Energy Act of1954, as amended.

OfRee of NuclearMaterialSafety and . i h NRC has determined that this -

Safeguards.UA Nu: lear Regulatory proposed rule is the type of action the Energy Reorganization Act of1974.

Co==i==<= Waaldneton.DC 2D555, described in categorical exchneion to as amended, and 5 UAC 553. notice is hereby given that adoption of the i telePhoes(301)427-4010. CFR 51.22(c)(3).Derefore neitbar an

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  • Federal Register / Vol es. No.14e / Wednesday. August 1.1984 / Proposed Rules 3orse fe8 ewing seesdaset to to CFR part 73 sammen o.asistamos. By (130 days from 3, ,,,, p;ated. the effective date of this ===ad-t) each baa- abaB embedt revisions to payym PROTECTION OF les security plan which de8ne how the puurrsno maTEntALs ,
  • anal search requirmnesis of this peregraph wiu be met.h Saal age.ch e -
1. The sotherity citation for part 73 la requireements of tids package must be revised to reed as feDows: tutplemented by the han- within so Asshaney: som n set, se stat. sem sea, as days after a==ta=4aa approval of the seamend sea.ser,se sent res(4s UAC proposed enourity plan revision.

sea, mar. mot a see. ans. m sent. saes. as . . . . .

em am,a seat, taas(4s u1C )

,,,,, g Deemd at Washiegese. DC this arth day of seems 73.artf) is aise i==ad under sec.

Julyless.

  • set. Pet.I.es as.N Sant. Fee (42 USC For the Naciser Ragnisesry r*w -i-asetases).

Par the purposes of sec. 233. es Stat. see as SeuselJ.QiBr.

anseded 42 UAC 2373k il F3J1. 75.37tsk sacrossyyoflAs Csedades/ea Fus me insend seder ses. sath, a Sist. na, se anseded les USC 23rt(b]) II F3.am F3.24. 732s F3.E F3X. 73JF. F14E F148, eE&meGese mseve I

F14s. F3.sE F3Js. FEM ase isoned under sec.

sett es Stat.een as sammded (42 UAC sant(Ilt and II FaantcX1k F3.3e(bMik .

F1.4bM3h (hMek and (kM4k F3Jr[e) and (bk F3JrtfL FE40(b) and (dk Ftes(sNel and (hM2k F3solgM2h (3NitiXB) and (hk F3.ss(hM2l and (4NitiMBL F3.7s,75.71. Fa.75 are issued under sea. sate, a sent. sea as asasaded (42 USC 2301(oD.

$73.45 [ Amended)

2. la $ 73.sE. paragraph (d)(1)is -

revised to read as inuows:

(d) Access "-

'11h t liosasse shan control au points of pernommel and vehicle sommes into a protected area.identificatico and search of aR tadividuals unless otherwise provided hereda meet be made and anthartentsoa meet be checked at thesC pointa. '!he search fonction for detection of Srwarms, explosives and far== diary devices shah be aa:omplished through ,

I the use of both Arearms and explosive detection equipenest capable of '

detecting those devices. The licensee shan emb>ct an persons exasyt bone -

Sde federal state, and locallaw enforcessat personnel on ofBcial duty to these equipement searches upon entry lato a protected area. When the licensee has cause to suspect that an ladividual is attempting to introduce Stearms.

exploerves, or lanandlary devices into protected areas. thelicensee shah candare a physical pet down search of

  • that individual However Arearms or exploelves detection equipment at a portalie out of service or not operating satisfactory, the lar===== shaR conduct a pirysical pet down search of all persons who weald otherwies have been subject to equipment searches. 'the individual I responsible for the last access control I function (controulas admission to the -

protected area) shnu be isolated within a ballet .MW structure as described in paraproph (c)(s) of this section to assure nas or her ability to roepend or to

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d BACKGROUND INFORMATION e

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July 29,1983 ' '

SECT-83-311

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, C :' *.~ ; .'. . ; :i 1 Fg: The Commissioners i f_reis: William J. Oircks ~

Executive Director for Operations Sub!ect:

PROPOSED IMSIDER SAFEGUARDS RULES Purcose:

To present for Commission consideration, three related ruiemaking

- actions concerning revised requirements for safeguarding power reactors. One of the rulemaking actions, the Access

  • Authorization. Rule, was preqared in response to Commission .

direction in a memorandum to the Acting EDO from the Secretary dated June 30, 1980, s Discussion: This paper covers proposed rules in three areas related to safe-guards requirements for power reactors. These are: .

o Access Authorization Rule (Screening Requirements) i o Search Requirements Rule (Pat-Vown Search Issue) o Miscellaneous Safeguares-Related Amendments (Access Controls, Vital Area Designation, etc.) .

This rule package was studied oy a multi-office Safety / Safeguards Committee which was formed in response to the Chairman's request of August 16, 1982. The Committaa had the overall task of study- .

ing power reactor safeguards requirmetnts and practices to detarl eine whether actual or potential conflicts exist with plant safety objectives. The Committae's recommendations have been ac:ommodated in this package.

Contacts:

T. R. Allen or -

H. S. 81umenthal, SGPR , -

42-74010 K. Z. Jangochian or W. C. Floyd, RES 44-35976 Y ' .: ," .

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.i Access Authorization Rule This proposed rule would estabitsh a personnel screening program for licensee employees and contractor personnel.

j to provide increased assurance of trustworthiness. It is designed are provided in Enclosure A. Key elements of the program Further details are:

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i Background Investigations to look for past behaviod that

  • i would indicate that the individual is unreliable or untrustworthy.

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A Continual Behavioral Observation Program designed to detect changes in an individual's behavior pattern which indicates a potential for committing acts detrimental to the pubite health and safety. (On June 24, 1982, the Commission approved

.m publishing for public comment a complementary rule concern-

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ing " fitness for duty." That program will also depend on behavioral observation.) .

4 o l Support measures such as review procedures, grandfathering,  !

s protection of infonmation, guidance, and treatment of '

temporary workers'.

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A Hearing Board established in 1978 to examine the issue of 1

access authoritation later recommended that the Commiss' ion include '

psychological programs. assessment as a component of personnel screeriing In developing this rule,* however, the staff infernally sought the opinions of various . authorities concerning-the value -

of psychological aiiessment for proofeting behavior inimical to the public health and safety. Because of the wide variety of opinions expressed, the staff proposes to solicit further public comment on this issue in the Supplementary Information accompany -

ing the rule rather than proposing specific requirements at this time. " .

Search Recuirements Rule t

This amendment would clarify the role of pat-down searches as a safeguardr sensure to be used only for suspicion or malfunction of search equipment and would complete outstanding action on industrf petitions which have been pending since 1977. Although -

this rule has been previously pubitshed as a proposed rule in 1960, it appears appropriate to republish it (along with the other related rules) for a second round of public comment in '.

lignt of the Safety / Safeguards Committee's findings that most "The Office of Policy Evaluation advises that the NRC contracto r who provided the .

study on the behavioral observation program states a revised program would be ,

necessary if psychological assessment is not required.

this position along with public co=ments*when received. The staff plans to consider -

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I The Commissioners .

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4 licensees have successfully adjusted to 100". equipment searches,

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and believe that changing to random segrches would be disruptive.

I Miscellaneous Safecuerds-Related Amendments '

4 These Key proposed features are: changes are discussed irr detail in Enclosure C.

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A revised cancept of vital area designation and protection.

This would result in a reduction in the nember of vital areas at most' sites by grouping and protecting selected

itees of vital equipment in fewer vital areas. Safety '

would be enhanced through fewer access control points.

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. Improved provisions for vital equi nt access control .

. during both routine and emergency conditions. *

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, Provision for licensees to have the authority to suspend .

safeguards measures to facilitate response to emergency conditions.  !

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Revised changes. criteria for detaraining the need for lock and key i Locks and keys would be changed annually, upon suspicion ,of compromise, or when an .incividual terminates l{.

employment under unfavorable circumsta,nces.

CRGR Recommendation - - * .

The CRGR has recommended publication of the proposed rulehowever, it belteves that public comment should be sought on the use of a i government-operated clearance program similar to that prescribed  :;

in 10 CFR Part 11 for "Q" clearances as an al*ernative to the  :

proposed industry-administered scrsening program. The CRGR suggested that guvarament clearances would provide increased

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i assurance of trustworthiness, thereby permitting a reduction in .

access controls and other security measures. s i

The issue of an industry-operated program versus a government- 1 operated. program was previously consioered by a Hearing Board  !

convened at the Commission's afrection and in detail by the Comeission itself. The Hearing Board recommended a privata

  • sector program such as proposed in the attachment. .

The Ccamission recognized that controversy existed concerning its authority under ~

section 161(i)(2) of the Atomic Energy Act to require government clearances for individuals working at power reactors (CLI-80-37), [-

12 NRC 528, 536, footnote 18 (.1980). While the staff believed that such authority existad, the Office of General Counsel advised that the better legal view was that section 161(i)(2) could not be read broadly enough to consider the sabotage of light water reactors as constituting a threat to the national security,

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I thereby not permitting the use of a government administered .

clearance program (OGC legal opinion, September 11,1979). It

. say be that the Commission will wish to' reconsider this issue at this time.

Value/Tsoact

This rulemaking package is designed to improve the practicality and effectiv6 ness of measures to protect against the insider

. threat at power reactor facilities while enhancing plant safety. .

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a The staff believes that costs associated with these changes can be minimized because many reactor licensees are either presently

. using similar safeguards programs (e.g.., personnel background screening under ANSI 18.17) or can accommottate the proposed ,

a amendnents (e.g., re-configuration of the interior layout of ,

their plants to protect vital safety equipment under the " vital i island" approach) without undue expense. . ~

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The enclosures indicate that costs to the licensee of these amend-

- ments will be approximately $1.7M per site on an initial basis with annual maintenance cost of $300K. It will initially cost new plants, which receive their operating license after the effec-tive date of this rule, approximately 5603K to screen their f employees with the same annual maintenance cost as existing plants.

These expenditures are partially offset by cost savings associated with licensees establishing a rdeiprocity program for personnel screening and reduced key and lock control requirements.

Such reductions are estimated to reduce the cost to each site by approximately $200K per year. Costs to the NRC are estimated at

$760K in staff time initially with annual maintenance approximat-i ing 5170K. It is anticipated that no occupational radiation l exposure rule package.will be associated with implementation of this proposed Interrelationshio .

As previously stated, these proposed rule changes are presented together because of their marked interrelationship. Any major changes to the principal components of the proposed access

authorization program could innact the proposal to relax require-monts for lock and key controls and other current requirements. . -
Recommendations
That the Commission:
1. Anorove the amendments as set forth in Enclosures A, 8, and C for publication as proposed rules in the Federal Register, with a 90-day public comment period. .

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3 The Commissioners 5

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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

' .i number of small entitles. This certification is included in the enclosed Federal Register notices contained in Enclo-l sures A, B, and C. -

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3. Note: -

' a. That the staff will revise the supplemental infoma.tton of the Access Authorization Rule as necessary and

  • appropriate to reflect any of the Commission's instruc-tions pertaining to the question of a government run

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clearance program for power reactors resulting from

the Commission's review of this proposal. .
b. That the value/ impact statements which appear as attach-j .
eents to Enclosures A, B, and C will be placed in the e - MRC Public Document Room.

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c. That draft guidance materials for the enclosed rule-4 making actions will be made publicly available concur-rently with publication of these amendments (Attach-ment'2 to Enclosures A and C). ~

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d. That, in accordance with 10 CFR SLS(d)(3), neither environmental impact statements nor negative declara-  !

tions need'be prepared since the proposed amendments 3

are not significant from the standpoint of environ-mental impact. ,

I k e.

i That these amendments contain information collection-and reporting requirements that are subject to review .

by the Office of Management and Budget. Upon Commis-i sion affirmation, formal request for OM8 review and *

  • 4 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 OMS, the Commis-sion will be notified.

l f. That appropriate Congressional Committees will be ..

advised of these actions (see drafts provided as attach-ments to Enclosures A, B, and C). .

g. That public announcements will be issued (see drafts i

provided as attachments to Enclosures A, 8, and Q.

h. That copies of the Federal Register notices will be distributed by ADM:TIDC to all affected licensees and other interested persons.

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i The Commissioners .-

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' 1. That the Chief Counsel for Advocacy of the Small

,' Susiness Administration will be informed of the

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certification and the reasons for it as required by i the Regulatory Flexibility Act.

7 Scheduline:

The Jtaff requests scheduling at an early policy session.

r Wil 1 J. Dire Executive Director for Operations j

Enclosures:

  • A - Access Authorization Rule B - Search Requirements Rule
- C - Miscallaneous Related Amendments

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Commissioners' to the Office of the consnents Secretary or consent by c.o.b.should Friday,be provided directly i Auoust 26, 1983.

Casumission Staff Office to the Comunissioners MLT comunents, Friday, if any, should be submitted i

August 19, 1983, with an infor- .i nation copy to the Office of the secrecary. If the paper is of review and comunent,such a nature that it requires additional time for analytical- i be apprised of when - nts may be. expected. -the Comunissioners and the S

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DISTRIBUTION:

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REGIONAL OFFICES EDO ELD ACES ASLBP SECT I

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Backaround and Scoce of Procras l i

The Consission was petitioned in 1977 to suspend a requirement for the use l

of pat-down searches as a setter of routine. Interia search requirements were di established and action was deferred on the petition pending the develbpoent of a riale specifying entry search reevirements. A proposed rule on this subject i was issued for pubite comment in 1980. The staff has now revised the rule '

concerning search requirements in light of the pubife comments and in response to recommendations ande by the Safety / Safeguards Review Committee (see Attach-

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aant 1). This Caseittee, which was formed in response to the Chairman's request 5

of August 15, 1982, had the overall task of studying power reactor safeguards 4 ,

requirements and practicas to datamine whether actual or potential conflicts

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exist with plant safety ob'jectives.

The Safety / Safeguards Review Committee recommended that all persons entering Q the protected area of nuclear power plants be searched using estal detectors j and explosive detector 3

~ This recommendation, whi.ch the staff generally endorses, differs from the current interia procedures in that visitors would be subject

]1 to routine equipment searches rather than physical " pat-down" searches. " Pat --

down" searches would be required only when the licensee has cause to suspect I

that an individual is attempting to introduce contraband (firearms, explosives, or incendiaries), or when the detection equipment is out-of-service. The staff:

has added an exemption from searches for on-duty law enforcement officers as a j aattar of practicality. ,

The staff has considered the use of random searches for screened individuals, but the Safety / Safeguards Review Committee found that most ifcansees have successfully adjustad to 1007. equipment searches, and believed that changing .

, to random searches would be disruptive.

t i

Oue to its interrelationship with other provisions of the Insider Safeguards Rule Package, these revised search requirements are again being published in proposed fom.

06/16/83 1 Enclosure 8

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i s ATTAGMENT 1 TO THE PAT-00WN SEARQi ENCLOSURE (ENCL. 8)

FEDERAL REGISTER NOU CE e

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i MUC1. EAR REGut.ATORY CDM ISSION 10 CFR Part 73 Searches of Individuals at Power Reactor Facilities .

AGENCY: Nuclear Regulatory Commission.

, ACTION: Proposed rule.

SIM ERY: The Nuclear Regulatory Commission is proposing an amendment to f ts requirements for entry searches at power reactor facilities. This regulation is needed to clarify requirements for searches of individuals i at these facilities. This amendment requires equipment searches of all individuals seeking access to protect.ed areas except on-duty peace officers, and pat-down searches when detection equipment fails, or cause to suspect exists. This proposed amendment will support the Commission's goal of increased assuranca that power reactors hre adequataly protected against sabotage by an insider.

OATES: The comment period expires . Comments

! received afta m will be considered if it is practical to I

do so, but assurance of consideration cann'ot be given except as to '

comments received on or before this data. .

t i

ADDRESSES: Comments should be sent to the Secretary of the Commission.

l U.S. Nuclear Regulatory Commission, Washington, OC 20555, Attantion:-

l Occkating and Service Branch. Comments may also be delivered to Room 1121, .

I 1717 H Street W. , Washington, OC, between 8:15 a.a. and 5:00 p.m.

Copies of comments received are available for examining and copying for a fee at the Commission's Puelic Occument Room at 1717 H Street NW.,

Washington, DC. ~

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06/21/83 1 Attactunen 1 to Enclosure B I

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1 FOR FURTHER INFORMATION CONTACT: Tom R. Allen, Chief, Regulatory Activ-1, j ities Section, Division of Safeguards, Offica of Nuclear MataMal Safety l 4 and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555, telephone (301-427-4010).

I 3  !

$UPP1.IMENTARY INFORMATION: On December 1, 1980, the Commission extended  !

.j the implementation data for pat-down searches at power reactors until

,j revised search procedures could be wM tten in physical protection plans  !

and approved (45 FR 79410). At the same time, the Commission issued pro- j posed revisions to 10 CFR 73.55(d)(1) to finalize requirements for

'l  !

personnel searches at protected area entry portals of power reactors,

] (45 FR 79492). '

.r The Commission invited and received pubite comment on the proposed

.;; amendments. . .

Comments were received from 25 utilities, three industry

]- coordination organizations, one equipment manufacturer, one government I 2

agency, and two privata citizens. The Commission has now revised the 1 rule concarning search requirements in Ifght of the public enuments and 1

t in response to recommendations made by the Safety / Safeguards Review j Cassittee. This Committee had the overall task of studying power reac-tar safeguards requiruments ant practicas to datarmine whether actual or j potential conflicts exist with plant safety objectives.

~

l The Commission is now proposing that all persons entaH ng the

{ protected area of nuclear power plants (except on-duty law enforcament

.i officars) be searched using metal detectors and explosive detectors.

j This proposed ameneent differs from the current intaMa procedures in
  • 4 that visitors would be subject to routine equipment searches rather than 3 physical " pat-down" searches.

j " Pat-down" searches would be required only.

3 when the ifcansen has cause to suspect that an individual is attempting to introduce contraband (firearus, explosives, or incendiaries), or when s

  • the detection equipment is cut of service. The exemption for on-duty law enforcament officers has been added as a sattar of practicality.

'i

) The Commission had considered the use of random searches for screened I individuals, but the Safety / Safeguards Review Committee found that most licansees have successfully adjusted to 100% equipment searches, and

] believe that changing to random searches would be disruptive.

06/21/83 2 Attac.'usent I to Enclosure B i

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The searca requirassent amenoment is being repAlished tocause nf its i

. interrelationship with the proposed Ac.cass Authcritatiot: hil a.

a PAPGlWORK TEDUCTION ACT "he proposed rule has been sutusitted to tne Office of Mar.agener.t and i

Budget for clearenca of the information ecliectisa requirements thct may be apprepriate unaer tae Paperwort Reduction Act (Pu's L. 96-5 u). The SF-ti3, "Regt.ast for Cleartace." Sagspcrting Statement, and rulated docia-seritaticn sutenitted to GPE vill be slactd in the NF.C Tvblic Document Pass st 1717 N Staset E , hashington, CC 20555. The matarial vill be swailable for ir.spection er u.pying. .

i REGULA1DR't FLEXIIILITI CGTIFICATION '

Iri accordanca with the 4egulatory Flexibility Act sf 1980, 5 U.S.C.

G05(o), the Commissien heretry certifies that thans pesposed regul.ttions will utt, if penaulgated, have a sig'tifier.trt ecoramic impact en a substartial number of small entities. These pro $osed regulations affect e.lectric utilities that are dominant in their respective ser**fcc areas

' sad that own and operata nuclear power planti. 1hase utilities do not .

j - --fall within the nefinition of small busisesses' set forth ir. Se:: tion 3 of the Stall 3usiness Act,15 U.S.C. 632, or withirt the Sna11 8tsiness Size Staadares set forth in 10 CFR Part 121. These proposed regt1sticas wili-affnet some nuclear power inoustry cor. tractors ar.d veers all of which -

are large concerns which service the industr/. -

LIST OF SUBJECT 5 IN 10 CFR PAkr 73 Hazardous esta-tals-transportation, Neclear asterit1&, Nuclear power plants and reactors, Penalty, Reporting requirements, Security. osasures.

' For the reasons set out in the preamble and under the authority of I

the Atomic Energy Act of 1954, as amended, the Energy Reerganization Act of 1974, as amended, and 5 U.S.C. 553, notica is heretp/ given that adop-l tion of the following amendment f.o 10 CFR Part 73 is cantemplated.

. 06/n/83 3 Attachment 1 to Enclosure B

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[7590-01] -

.) PART 73 - MfYSICAL PHOTECTION OF Pt ANTS AMO MATERIALS i 1

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1. The authority citation for Port 73 is revised to read as j follows

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'j AUTHORITY: Secs. 53, 161, 68 Stat. 930, 948,. as amended, sec. 147, 04 Stat. 780 (42 U.S.C. 2073, 2157, 2201); sec. 201, 86 Stat. 1242, as

  1. i l amended, sec. 204, 88 Stat. 1245 (42 U.S.C. 5841, 5844).

1 Section 73.37(f) is also issued under sec. 301, Pub. L.96-295,

] 94 Stat. 789 (42 U.S.C. 5841 note). -

j j For the purposes of sec. 223, 68 Stat. 958, as amended (42 U.S.C.

cj 2273); $$ 73.21, 73.37(g), 73.55 are issued under sec. 161b, 68 Stat. 948, t

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, 73.44, 73.50, 73.55, 73.67 are issued under sec.

i

-1 1611, 68 Stat. 949, as amended (42 U.S.C. 2201(f)); and $5 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),

j 1 73.40(b) and (d), 73.46(g)(6) and (h)(2), 73.50(g)(2), (3)(fit)(B) and (h),.73.55(h)(2)..and (4)(iii)(B), 73.70, 73.71, 73.72 are issued under sec. 1610, 68 Stat. 950, as amended (42 U.S.C. 2201(c)).

  • ( ..

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3 2. In f 73.55, para' graph (d)(1) is revised to read as follows:

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(d) Access Requirements. (1) The ifcensee shall control all i points of personnel and vehicle access into a protected area. Identi-j fication and search of all individuals unless otherwise orovided herein.

i must be made and authorization aust be checked at these points. The search-

~l function ,for detection of fireares, explosives, and incendiary devices d (st ll-t.e .....G wit.:... i., e ,71. .si .esech-or-;., . ef -egespeent espehh ef J. M ;.., . .

..ee..]* shall be accomoffshed throuch the i

use of both firearms and exolosive detection eouionent casacle of detect-inc those devices. The licensee shall subiect all corsons exceot bona j fide federal, state, and local law enforeament oorsonnel on official dutv '

,, to these ocuionent searches upon entry into a erotected area. When the . i l

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" Comparative text shows changes between present and the newly proposed rule. Underlined text shows additions and dashed through text shows deletions.

06/21/83 4 i

Attachment 1 to Encle'sure S e

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$ E consee has cause to susoect that an individual is attesstino to intro-  !

  • duce fireams, explosives, or incendiarv devices into protected areas, the ifconsee shall co e m a ohysical oat-down search of that individual. I i Whenever fireams or exolosives detection ecufoment at a certal is out of service or not operatino satisfactorily, the licensee shall conduct a physical oat L a search of all persons who would otherwise have been

' subiect to ocufoment searches. The individual responsible for the last access control function (metrolling admission to the protected area) shall be isolated within ,a bullet-resisting structure as described in paragraph (c)(6) of this s4ction to assure his or her ability to respond or to summon assistance. By (120 days from the effective date of this amen @2nt) each ifeensee shall sutait revisions to its security olan

- which define how the final search r.Guirements of this paracrash will be set.

~ The final search recuirements of this packace sust be isole- *

'i sented by the licensee within 60 davs after Commission accreval of the i

pronosed security olan revisions.

a a n a n

' Dated at Washington, 00, this day of 1983. "

~ .

For_the NuclearJtegulatory Commission.

e ,

Samuel J. Chilk, .

i Secretary of the Comeission. ~

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06/21/83 5 Attachment 1 to Enclosure B  !'

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l ATTAQMENT 2 TO THE

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. PAT-00WM SEARQt ENCLOSURE (DICL. B)

VALUE/ IMPACT STATEMENT '

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VALUE/ IMPACT STATEMENT

' NUCLEAR POWER REACTOR SEARCH PROCEDURES AULE L THE PROPOSED ACTION L1 Description i i The Commission is amending 10 CFR 73.55(d)(1) to clarify requirements for searches of individuals at power reactor protected area entry portals.

L2 Value/Ismaet of Proposed Action L 2.1 Value - EC, This proposed amendment will support the Commission's goal of increased assurance that power reactors are adequately protected against sabotage by an

, insider. .

This amendment represents a safeguards measure designed to provide a measure of deterrence (as well as outright detection) against those persons who

} sight othenvise attampt an act of sabotage by the introduction of firearms, i

explosives, or incendiary devices. Each ifconsee is required by the rule, if adopted, to submit an amended security plan, which states how the search .

requirement will be met, within 45 days of the amendment's effective date. The security plan serves as a meditan whereby ifconsees commit to specific perfora- '

f ance.

' The infonmation provided will-be treated as safeguards information and used by the NRC licensing staff during their security plan evaluation process.

L 2.2 Isaact e.

)

L 2.2.1 - N,RC. The impact on MRC operations will occur in the area of -

licansing review of the licensee's security plan.

i

  • Initial cost to the NRC is estimeted to be:

Licensing Review and Approval Security Plan (assuming 2 staff-days / security slan x 48" plans x 5480/ staff-day)

Cost Per Plan Review. . . . . 3L OK '

Total Initial Review Costs. . 346.1K "All currently licensed power reactors are located at 48 sites.

06/15/83 1 Attachment 2 to Enclosure B

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4 j The estimated annual cost to the NRC in subsequent years:

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Licensing Review and Approval of Security Plans

] (assuming six new plans are licensed.each year)

-1 1 (2 staff-days / plan x 6 plans x $480/ staff-day) j Unit Cast Per Plan Review . . 31.0K i

.j -

Total Annual Review Casts . . 35.8K 1.2. 2. 2 Industry Operations. The required firearms and explosives dataction equipment is currently in place at most reactor sites. Therefore, 1:; 1 the most expensive itas in the initial cost has already been absorbed by the 1 j nuclear industry. However, for sitas that do not have the equipment (approximately tiso facilities are without equipment) and those that are scheduled for future licensing, the following estimates apply: .

Cast estiastas were derived by a random polling of seven reactor facilities.

Itas Price Rance s

Firearms / Metal Detector. . . $1.6K - $5.1K Explosives Detector. . . . 35.0K - $21.0K An arithmetic average of equipment prices was computed for planning purposes. i

{

' Because equipment manufacturers are numerous, significant drica variations were evident.

Itas Averace Cost 1 e.

Metal Detector. . . . . . . . . . 5 3.4K Explosives Detector . . . . . . . $13.0K -

These costs are representative of those that a licansae any expect to pay for such equipment. The variation in costs per facility will be based upon site-specific differences such as the number of portals in use. at the sita. )

, 06/15/83 2 Attachment 2 to Enclosure S 1

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. ATTAQ9fENT 3 TO THE PAT-00WM SEARQi ENCLOSURE (DICL. 8) - '

. DRAFT PUBLIC ANNOUNCEMENT 6

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(DRAFT PUBLIC ANNOUNCEMENT)

NRC PROPOSES TO AMEMD REGut.ATIONS ON SEARCH REQUIREME NUC1. EAR POWER REACTOR FACILITIES i

The Nuclear Regulatorf Commission is proposing to amend its regulations to clarify requirements governing searches of individuals seeking entry to protected areas at nuclear power reactor f'acilities.

$ " Protected areas" are areas that have controlled access and are enclosed

  • by physical barriers such as fences or walls.

The newly proposed rule will require utilities that are licensed to operate these facilities to use explosive and fireane detection equipment to search j for contraband. Equipment searches will be required for all individuals. .

I ,,

The newly proposed rule differs from the current interim procedures in that visi-tors would be subject to routine equipse..c searches rather than physical " pat-down" searches.

When detection equipment is not in place or is inoperable, all individuals will

[

I be subject to physical " pat-down" searches. In addition; any person suspected  :

___ _ _ - of carrying contraband will.be subject _to the " pat-down" search. -

Interested persons are invited to submit writtan comments on tne proposed '

)

i amendment to Part 73 of the Commission's regulations to the Secretary, U.S.

Nuclear Regulatory Commission, Washington, DC 20555, Attention: Oceksting -

and Services Branch, by ,

(90 days after FR publication). ,

I 06/16/83 \

1 Attachment 3 to Enclosure a I

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ATTAQWENT 4 TO THE PAT-DOWN SEARQi ENC 1.05URE (ENCL 8)

DRAFT CONGRESSIONAL LETTER

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.t (DRAFT CONGRESSIONAL LETTER) 1

Dear Mr. Chatruan:

i

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Enclosed for the information of the (Subcommittee) are copies of a newly

, i proposed amenennt to 10 CFR Part 73 which is to- he published in the Federal Reo4 ster.

The Nuclear Regulatory Comission (NAC) is proposing to amend its regulations f to clarify requirements for searches of individuals at the entry portals of .

power reactor facilities. These search requirements are intended to provide protection against radiological sabotage. The Commission previously invited i .,

"~ and received pubite comment on an earlier proposec amendeent on this topic.

After reviewing the comments and discussing the issue with licensees, the

  • Commission has decided to repubitsh the newly proposed requirements for public comment.

The republication is being done because of the interrelationship between revised search requirements and a proposed personnel screening program.

  • The revised search requirements have been designed to maintain the type of personnel search' program presently practiced by most ifconsees. Under this ameneent, licensees will use explosives and firearn etection equipment to -

search for contraband under routine circumstances. Physical " pat-down" searches would only be used when equipment fails or when the licensee has cause to

  • suspect that contraband is being introduced into its facility.

Licensees will be required to submit changes to their security plans reflecting the new search requirements within 45 days following the effective data.

Licensees will implement the revised search procedures within 60 days after Commission approval of plan changes.

Sincerely, John G. Davis, Director .

l Office of Nuclear Material Safety and Safeguards

Enclosure:

Federal Registar Notice .

06/16/83 1 Attachment 4 to Enclosure a l

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. ATTACHMENT 5 TO THE ,

PAT-00W SEARCH ENCLOSURE (ENCL 8)

SUPPORTING STATEMENT FOR RECOR0 KEEPING -

, AND REPORTING REQUIREMENTS t

__. _ .10 CFR.23.55(d)(1) -

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) SUPPORTIM STATegetT FOR RECOR0 KEEPING AND REPORTIM REQUIREME

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10 CFR 73.55(d)(1)

.i j 1. Justification i

(1)

The Commission was petitioned in IS77 to suspend a requirement for 4 the use of pat-down searches as a matter of routine.

. Interim sear ~ch requirements were established and action was deferred on the petition

', pending the development of a rule specifying entry search require-ments.

i A proposed rule on this subject was issued for pubite comment in 1980.

The staff has now revised the rule concerning search require-

monts .in light of the comments and fa response to recommendations made by the Safety / Safeguards Review Committee. This Committee, which was
l. -

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formed in response to tne Chairman's request of August 16, 1982, had the overall task of studying power reactor safeguards requirements and t practices to determine whether actual or potential conflicts exist

. with plant safety objectives.

The Safety / Safeguards Review Committee recommended that all persons i entering the protected area of nuclear power plants should be searched g

using metal 19etectors ud explosive detectors. This recommendatian, which the staff endorses, differs from the current interim procedures in that visitors would be subject to routine equipment searches rather than physical " pat-down" searches. " Pat-down" searches would be required only when the licensee has cause to suspect that an indi-

  • f .

vidual is attempting to introduce contraband (fireanus, explosives,

, or incerxMaries), or when the detection equipment is out of service.

e *

The staff has considered the use of random searches for screened viduals, but the Safety / Safeguards Review Committee found ,that most '

1

- licensees have successfully adjusted to 100% equipment searches, and believed that changing to random soarenes would be disruptive. Due to its interrelationship with other provisions of the Insider Safe-  !

- guards Rule Package, these revised sea ~rca requirementr are again being published in proposed fans.

03/29/83 1

Attacament 5 to Enclosure B 9 . -

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( Regulatory Guide 5.7 provides guidance to the licensee for conduct-ing personnel searches.

4 This guide is available to licensees for use in developing their respective plans.

]

The licensee is required to prepare and submit a revised security j plan to the Commission for review and approval. This plan will

delineata how the licensee intends to implement the various search requirements.

.$ A review and approval of the plan by the Commission 5

is needed to assure that these search requirements have been meet' and will be properly carried out.

1

^

. (iii)

There for theseare no similar data available in the field wnich can be used purposes.

)

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,- 2. Descriotion of Survey Plan

! There are presently 48 nuclear power .7 actor sites which will be subject

.i' to this rule.

It is assumed that the program will be organized and admitr- -

istered on a sita rather than a reactor unit basis.The sailing address i for hisse affected sitas any be obtained from the Director of Safeguards ,

'i Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulator /

-Commission, Washington, DC 20555.

, 3.

Tabulation anc Publication Plans Revised security plans submitted to the Commission will be reviewsd.

approved, and filed by the Commission.

Specific licensee revised security .

- plans will not be published for pubite review or comment in accordance with 10 CFR 2.790(d). The NRC anticipates full compliance with the regulations.

03/23/83 2

Atkachment 5 to Enclosure S f X

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4, 4.

, Time Schedule for Oata Collection and Publicat!on i t

The licensee will be required to submit to the Commission his Access Authorization Plan for approval within 120 days of the effective data of

? the rule.

Within 360 days after the rule becomes effective or 120 days after approval by the Commission, whichever is later, the Itcensee is

.l required to implement the requirements of his approved plan.

i It is estimated that it will take about two Commission staff-days to .

review and approve each plan submitted, and that initially all plans 3,

will be reviewed and approved within 360 days after receipt of the plans.

[

j 5. Consultations outside the A e.. v j -

i The Safety / Safeguards Review Committee, during their tuk of studying power reactor safeguards regairements and practices in order to determine whether actual or potential conf 1fets existed with plant' safety objec-3 tives, visited several Itcansee sitas and informally discussed search -

i requirements.

8

  • The Committee found that most ifcensees have successfully '

l adjusted to 1005 equipment searches, and believed that changing to random "

~ searches would be disruptive._ The suggestions and recommendations of'-the --

Committee's findings have been taken into consideration in the proposed revision of the rule. i

> i 6.

Estimation of Resoondent Rooortino Burden "

- s t

Number of

' Raspandents

- Regulatory After Effective Annual Reports Annual Section Date of Rule Total Time Staff Filed /Resoondents Recuired/Resoonse Heers ._

i

1. 10 CFR 73.55(d)(1) 48 initially 1 plan / licensee 16 man-hours / plan '

768 03/29/83 3 Attachment 5 to Enclosure B

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Estimate of Cost to Federal Governments

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It is estiastad that it will cost the NRC 346.1X (2 staff-days / plan x

.e i 48 plans x 5480/ staff-days) to review and approve all submitted security i

f plans.

.j 1 It is estimated that six new plants will submit plans for review and approval each year watch will cost the NRC about 35.8K to process I (2 staff-days / plan x 6 plans x $480/ staff-day).

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RES TASK LEADER EVALUATION AND RECOMMENDATION N

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RES STAFF REVIEW SUfHARY SEEET

1. Review of the completeness of the Rulemaking Review Package:
a. The NRC Regulatory Agenda entry has been updated to reflect the most :arrent status of the rule.
b. The rulen.aking packtge as it was oublished in the Feders!

< Regist:tr as a proposed rule (49 F3 3172E, 8/1/8A) is ccmplete,

c. The sporsorir.g office Director's rec)mmendation to the EDO concern'r.g centinuatior. with the proposeo rulemaking is included.
d. The restits cf tne sponsoring of fice eview (Evaltatf or, for Rulemak ng) was not included in this package.
e. A copy of the Commission paper and regulatory anelysis (valus/$mpact statement) were complete ard. included in the analysit. Not included was the CRCR package. However, since the rule har alr?tdy been published in proposed form, the CRGR had 1 previously reviewed the package aad their recommenditicns were

] addressed in the Cosmission paper.

I f. No sumntry sneets, forns, or other documentation were requested

.' by OED9 or "others" to assist in thei" review of tha rulemaking.

There' ore, no such iten:s were ir.cluded in the revicw package.

l

2. Results of Review by the RES lask Leader:
a. The proposed rule package addresses the problems to be clarified.

However, .nore background informetion c)uld be added in order to provide a stronger justification for the rulenaking. .

. b. The necessity and urgency of the proposed rulemaking are

reasonable as presented in the package. The proposed rule is needed to clarify the requiremer.ts for searches of individuals at nucleer power plants by eliminating " pat-down" search requirements for visitors to protected areas, and to avoid potertial delay of necessary law enforcement personnel. The proposed rule is an integral part of the Insider Rule Dackage

, which was published for public comment on August 1,1984.

c. The alternative to rulemaking stated in the rule package appears to be reasonable.
d. The issues addressed through the rulemaking, which are: (1)

Eliminstion of " pat-down" searches of visitors to protected areas;(2) A requirement for equipment searches of all Individuals seeking access to protected areas, except on-duty peace officers; and (3) Pat-down searches when detection equipment fails, or cause to suspect exists, are sound.

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a. Tne value/ impact analysis contained in the proooseo rule package adequately addressed the impact to the public, industry, and NRC, including benefits and costs,
f. The NRC resources and scheduling needed fo- this prcposed rulenaking were analyzed and jedged to be reascnable.
3. General C3mments and Re:cmmandations:
a. The stbfect actions are intended to clarify requirenents for searches of individ1als at power raector facilities. Ta s proposed amandnent will support the Commissicn's goal of increased assurar.ce that power rea: tors ara adequately prote:ted agairst sabotage by an insider.
b. It is recommended that this propcsed rulemak.ng shauld proceed, Tha staff is currently reviewing public co.nments, ard any

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modifications to this rule would ba a result of inccrporating r.eeded changes.  !

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