ML20197J868
| ML20197J868 | |
| 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 | |
| ML20197J871 | List: |
| References | |
| FRN-49FR30726, RULE-PR-73 AB17-2-06, AB17-2-6, NUDOCS 8506260454 | |
| Download: ML20197J868 (2) | |
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UNITED STATES NUCLEAR REGULATORY COMMtsslON g,
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WASHINGTON, D. C. 20555
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MEMORANDUM FOR:
William J. Dircks Executive Director for Operations
.M FROM:
Robert B. Minogue, Director Office of Nuclear Regulatory Research
SUBJECT:
CONTROL 0F NRC RULEMAKING: RES INDEPENDENT REVIEW 0F ONG0ING RULEMAKING SPONSORED BY NMSS Based on our inde i
- lemaking, sponsored by NMSS, RES recomendr 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 comment 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 explosivc-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 plant would certainly create hostility and a poor public relations image l
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 l
-individuals entering the protected area. Provisions are also proposed to exempt l
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 l
that individual is attempting to introduce firesms, explosives, or incendiary devices to a protected area, or when the portals are out of service. Licensees i
will also be required to submit revisions to their security plans defining how final search requirements will be met, therefore, standardizing licensee u m h gg g gt h
procedures at all sites,
William J. Dircks 2
.g... 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 estimated 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.
The Director of HMSS recommended continuation of this rulemaking.
The complete RES independent review package has been sent to OEDO (Attention:
DEDROGR) and to the Director, NMSS.
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RobertB.Minogue,Directbr Office of Nuclear Regulatory Research E
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OFFICE REVIEW PACKAGE RECEIVED FROM NMSS O
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M I4 G23 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
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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 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.-
Also, as directed by your memorandum and the subsequent instructions from RES,
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we have prepared Review Packages for all of the listed rulemaking activities.
These are included as attachments to this memorandum, with copies forwarded to RES and the other reviewing office.
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J hn G. Davis, Director Office of Nuclear Material Safety and Safeguards t
Attachments:
As stated
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1C 6 DIVISION OF SAFEGUf.RDS
" Searches of Individuals at Power Reactor Facilities (Part of InsiderPackage)"
Contact:
John Davidson 427-4708 M
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NRC REGULATORY AGENDA ENTRY
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RULEMAKING AS' CURRENTLY PROPOSED
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W Federal Register TVol. '40. No. See / Wednesday. August 1.1984 / Proposee suases a
suonsusstasy asseannavseec On enviremmentalimpact statement nor an 7
December Lseen,the Comadeelen emetreamental a,===m==t has been extended tbs implementation date for prepared for tids proposed rule.
pet.down sonrobes at power reactore Reducalen Ad untilrevised search, _
. oomid be writtenin physical plans and
%e proposed rule has been embaltted approved (45 FR 79810). At same to the OfBos of Management and Budget time, the -.-at='a= leased proposed for cieere.nos of the inforanatian e
weisions to 10 GR y325(d)(1) to Snalise onllection requirements that eney be
- 4mirumaa88 for peroommel marches at. appropriate ender the paperwork psotected area entry portals of power Reduction Act (pub.I.as-411).%e SF-Y "b and received
"' W 88' C38*'"'" ~ **""*8 Statement, and related dommentation pobuc h on es ympoemi ambadtted to OMB wGlbe pieced in the Mets. Comments wem mesived NRC public Docusient Room at1717 H
' 10 CpH part 73 han? Des.h Wtry StreetNW Waabington.D.C.30555.he i
coer 2adon ergentsanoes, one snatorial wiu be evenable for inspection l
. Searches of truoviduale et powe, 898 mment Ma*=sr. one,
g 9
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neester poselties government
, and two pnvate aangesv: Nuclear Regulatory ciuseos.no
~ " has now Resuistory FladbiBty CardSostles e-i
<on.
revised the rule asceridag nearch In accordance with the Regulatory AcTiest proposed rule.
seguirements in light of1be public Flexibility Act of1980,5 UAC.GD5(b).
comuments and in respoose to the mami==ian hereby artiSee that e
summensry:he Neclear Regulatory m==ad=tions made by the Safety /
r===='aata= la proposing an===ad==91 Safeguards Review Comunittee.his these proposed regulations wiB not, if, tz 14.:. -
--to for entry searches at Ceaunittee had the overau task of preamigated, have a eigame==t power reactor facGities. Dis regulation stedying power reactor safeguards eanaamic impact on a substantial n"=l=' of small entities. Dees is needed to clarify.
- ts for requirementsiand practices to determine
. searches ofindividuals at these whether actual or potential anaflicts proposed regulations eBect electric ties. %is====d==' requires
, exist with plant safety objectives.
utilities that are doadnantin their ne ma=i==saa is now proposing respective service areas and that own puent searches of anindividuale e
seeking access to protected areas exempt that all persons entering the protected and operate nuclear power plants. Dese enHluty peace odBoers and pet < lown area of nuclear power plants (except on.
utilities do not fall within the deRaition searches when detection equipment duty law soforcement ofBcers) be of small businesses set faith in Section 3 fails, or emuse to enspect edets.nis.'
marched using metal detectors and of du Smau Business Act.15 UIC.as2.
propoemi====d==*
wiH empport the explosive detectors.nis proposed or irithin the Small baia== Size r===i==i='s goal oflamessed
===d==at differs froun tin current Standards set forth in to CFR part 121.
assurance that power reactore are lateria procedures in that would %ese proposed regulations will a5ect adequately protected against sabotage be subject to routine equipmen some nuclear powerindustry by aninsider. -
- searches rather than physical" pet-
-- contractors and vendore an of which are savas:De -=-t period expires
, down" searches."?st.down" saarches large concerns which service the Friday. December 7.1984. r-ts would be mquired only when tne industry.
received after this date wiu be licensee has cause to suspe:t that an considered if it is practical to do so, but individualis attempting to latroduce MWaaW,
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assurance of consideration cannot be contraband (Grearma,explosivu or De net incrosse initial cost to the fjven except as to mar =nats received inmndiaries) or when the detection NRC due to estimated time to be spent se or before tids.date.
equipunent le out of service.De in reviewing proposed changes to exempdon har on-dutylaw enhweement physical protecuan plans is 346.1K maaa-* Comunents abould be sent l od5cers beh adhd as a mattu d j laidaDy and 35.aK per year themafter.
to the Secretary of the Comuniesien. U.S. k pu knplementation of these revised Nuclear Regulatory r===i== ion, e
== ion bd considered du '
requirements as proposed hamm would Washington, DC 20555. Attention:
ese drandom marche for M not mpmeent any intman cuts to l
Docketing and Servim Rranch.'
individuals, but the Safety / Safeguards P"**"I UC'"**" N*****
l Conunents may also be delivered to Review Comunittee found that most firearms and explosives detection Rooen 1121.1717 H Street NW, Hosamen have 6 M to equipment is currently in place at most Washington, DC. between 8:14 a.m. and m
w h and k hve reacts situ.
5:00 p.m. Copies of comuments received that changing to random eserches would
$c fee e a publi requirmamit===ad-t is Hazardous materiale-transportation.
Ne===at Rooms et 1717 H Street NW.,
being repubuskd becaum ofits Nuclear materials. Nuclear power plants Washington, DC.
In*.arreladonaldp with the proposed pos puerrien martuunavioes coerracT:
Access Authortsadon Rule.
and reactore penalty. Reporting requirements. Security messums.
Tom R. Allen. Chief. Regulatory Raviremmentallopect:Categorial For the reasons set out in the l
Activities Section, er Henry S.
Blumenthal HI. Division of Safeguards.
preamble and under the authority of the
'"d""'""-
OfBoo of NuclearMaterialSafety and i i ne NRC has determined that this Atomic Energy Act of1954, as amended.
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Safeguards. UA Nuclear Regulatory proposed rule is the type of actirm the Energy Reorganisation Act of1974 Cosami==ian Waebington.DC2D555, described in categorical exclusion 10 as amended, and 5 U.S.C. 553, notice is telephone (301) 427-4010.
CFR 51.22(c)(3). Derefore nettber an hereby given that adoption of the
S red I mesWer / Val 8. No. Im / Wednesday, Ausnet 1.1984 / Proposed Rules SW739 fedewing casedmont tais CFR put 73 summon==='=*,- By (130 days from isconteepated.
the ofEsctive date of this== mad==at) each licensee shan subant revisions to pay ys-.pHysicA1.pHOTECTION OF its security plan which denne how the puwrs ANo uATunsALs anal search regidremente of &
paresreph win be met.m analspech
- 2. The aetherity citation for part 73 le requirements of tido package amet be revised to read as fonows:
e p===*=d by the licensee within so days after *-=8==8-approval of the i
r Assheery: som, se, se, se seat. sea set as det see, sa.es seat,res (es UAc proposed security plan revision.
aers,mer anoik sea, sol se seat.tase as d me,aos a seat tau (4s UAc
,",,"g, s',' 'g Dated at Washingemm. r4 this arth day of lel 1ees.'
seensa rs.artf) le aise i===d neder sec.
F ask pub.L eMas, et stat, res (43 UAC.
Per the Nacisar Regulatory t'-f aas-seet eses).
Par the papesse er ses. 2:s. e stat. set as sammetJ.mek.
anseded 42 UAC IEr3k ll Ps.21. rs.artak 3 cy e,7ofdeCesisdorles I
rsas are se==d ender ses. sah. as stet. ses.
as aminded(es UAc 2ast(b]k Ig Fiat rs.24, rsJs. rs.as, rs.ar rs.ar. rs es raes, m meenessam m e 7144 rast r&es, ras are i====d under sec.
inst asseat.seE as amended (43 USC E3p1(l)) and ll FLE(cN1k FL34(bM1),
r&as[bMak (hMek and (kX4k rs2Fla) and (bh i
F18F(fL Plan (b) and (dk rs.estsXe) and thus),
raselsNat (sMiliXB) and (kL raan(hM23 and.
l (4NileNEL rs>t 7s.r1. 7s.73 are lassed ender l
ess. sete, se sent est as mesmded (4a UAc zant(e)).
97&ss (Asseness!
- 2. In I 73.ss, pereeraph (dX1)is revised to read as follows:
(d) Accuse
- J 1) h licanese shan control all points of personnel and vehicle acones into a protected area. Idanesanation and search of aR ladividuale indees otherwise provided herein most be made and
==nhart=ation amat be adiecked at these-
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i points. De search Ametion for detection i
of Srearias, awplasives and i===diarv devices shan be accomplished through the use of both Arearms and explosive detection equipment capable of detecting those devices.N ha-shall emblect aR persone except bone fide federal state, and locallaw enforcement personnel on oHkdal duty to these equipament osarches opos entry lato a protected area. When the licensee has cause to enspect that an ladividual le attempting to introduce Srearma, explosives orlea-diary devices into protected areas, the licensee shall conduct a physical pot down search of that individunL However Arearms or explosives detection equipment at a portalle out of earwice or not operating entisfactory. the ha== shaR conduct a pirysical who webt. dows search of aR persons thewise have been subject to equipment searches. De ladividual responsible for the last access control l
Smetion (controlling adadeelen to the protected ares) shall be teolated within a ballet. resisting structure as desatbed in pareproph (cX4) of & section to assure his or her abGity to respond or to
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M BACKGROUND INFORMATION 9
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