ML20198P689

Informs That NRC Is Granting Requests for Temporary Exemption from 10CFR95.57(b).Specifically NRC Is Granting Exemption Request to Not Immediately Rept (within 1 H) & to Instead Log Incidents in Security Incident Log

ML20198P689
Person / Time
Site:	Portsmouth Gaseous Diffusion Plant, 07007001
Issue date:	12/15/1998
From:	Paperiello C NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS)
To:	Toelle S UNITED STATES ENRICHMENT CORP. (USEC)
References
NUDOCS 9901070107
Download: ML20198P689 (3)

Text

__ .. . . _ _ _ . . _ _ _ . _ _ . _.- _ . _ _ _ _ _ _ _ _ _ _ _ ._ . _ _ _

!3. *

, i D'

~ Mr. Steven A. Toelle, Manager

. Nuclear Regulatory Assurance and Policy U.S. Enrichment Corporation l

,' 2 Democracy Center l

l l 6903 Rockledge Drive

! Bethesda, Maryland 20817

SUBJECT:

U.S. ENRICHMENT CORPORATION RECUEST FOR APPROVAL OF A TEMPORARY EXEMPTION TO THE REPOElmNGREGAR9WlENTS OF

-10 CFR 95.57(b)

L

'98 EC 17 N0 :50

Dear Mr. Toelle:

By letter dated November 6,1998, you requested that the U.S. Nuclear Regulatory Commission (NRC) grant the United States Enrichment Corporation (USEC) a temporary exemption to the  ;

rsporting provisions of 10 CFR 95.57(b) as implemented through USEC's Security Plans for the i Protection of Classified Matter at the Portsmouth and Paducah Gaseous Diffusion Plants I l (GDPs) and USEC Headquarters for that period of time until 10 CFR 95 is revised. I l

L Part 95.57(b) requires USEC to immediately report to the cognize.nt security agency and appropriate Regional Administrator any infractions, losses, compromises, or possible compromises of classified information or classified documents that do not fall under the  ;

requirements of 10 CFR 95.57(a). Currently, in accordance with the requirement, USEC makes verbal notification to the NRC's Division of Facilities and Security (NRC/DFS) and NRC Region l

lli, 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 conditions meeting the 10 CFR 95.57(b) reporting criteria.

! You requested that the NRC allow USEC to document discoveries of conditions at the GDPs or USEC Headquarters meeting the 10 CFR 95.57(b) reporting criteria in a security incident bg within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> of discovery. You further proposed that USEC submit the security incident log to the NRC overy 3 months. You also stated that USEC would verbally notify NRC/DFS and NRC Region Ill within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> or the next workday of the discovery of an actualloss or -

compromise of classified matter.

l In your November 6,1998, letter you state that this exemption, if granted, would ease the resource burdens on NRC and USEC through the elim' nation of less significant reports by USEC to NRC. The NRC staff is aware of a high number of notifications by USEC under 10 CFR 95.57(b) and concurs that excessive time is invested in generating and reviewing such reports in fact, the staff is currently proposing revisions to 10 CFR 95 which, in part, seek to

' reduce the current reporting requirements similar +.o the alternate method proposed in your

exemption request.

Based on our review of your exemption request, the burden in complying with the rule as \ g written, and our proposed rule change, we are granting USEC a partial exemption to the immediate reporting requirements of 10 CFR 95.57(b). Specifically, we are granting your exemption request to not immediately report (within 1 hour1.157407e-5 days <br />2.777778e-4 hours <br />1.653439e-6 weeks <br />3.805e-7 months <br />) other than actual losses or  ;

O

). . n .

L 9901070107 PDR 981215 ADOCK 07007001 PDR

_ , , _ ._ .. _ . _ _ .~ ._ _ _ ._. _ . _ _ . .____..__ . _..__.

i._ , ,

e Stoven A. Toelle -2 December 15, 1998 compromises of classified material and to instead log these incidents in a security incident log.

l- However, USEC shall continue to immediately report actual losses or compromises of classified

!- information to NRC/DFS and Region lil (or the NRC Operations Center during off-hours) followed by a written report within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br />. Such actual losses or compromises shall also be recorded in the security incident log. Further, we have determined that USEC's proposal to submit the security incident log to the NRC every 3 months would be too infrequent for NRC to evaluate trends of security issues that could affect the common defense and security, Accordingly, as part of this exemption, USEC is required to submit the security incident log to i.

! NRC/DFS on the last day of each month. The staff concluded that the 30-day delay in reporting of other than actual losses or compromises of classified information would be authorized by law and would not pose an undue risk to the common defense and security in accordance with 10  ;

i CFR 95.11. '

l This exemption will remain in effect until proposed changes to the reporting requirements of 10 i

CFR Part 95 are published as a final rule and made effective.

L If you have any questions, please contact your NRC Project Manager.

Sincerely,

/ -

Carl J. aperiello, Director Office of Nuclear Material Safety and Safeguards Docket Nos. 70-7001 and 70-7002 l Certificates GDP-1 and GDP-2 I

• Via E-Mail DOCUMENT NAME: SPRINGER 2 70 receive a copy of this document, indicate in the box: "C" = Copy without attachment / enclosure "E" = Copy

with attachment / enclosure 'N' = No copy ,

m j~ OFFICE INFOSEC/DFS l6 INFOSEC/DFS, D/DFS Ml D/@M(/

l.

l OGC[ W/-lc NAME JKEverlyAPg ALSilvious M\ MLSprinber E!) dfffnb DFifahsdll&

12/2/9(f ' '

DATE 12/ 12/f/98 / 12/ /98

[ OFFICE Rll! *

-um ummu$/98 NMSS mmm mummum muu num m uuuu uum mum umm A C NPAjBE w/98 12' Y NMWt //

am musu l NAME PLHiland WJIWayW nm Mfen Eyck CJfh@eriello DATE 12/4/98 12/'798 \7i f 12/f /98 12/l$/98 OFFICIAL RECORD COPY Ul0143 y/c

,.4' c .

Distribution: Letter to Steven A. Toelle. Dated December 15, 1998 DISTRIBUTION:

Ticket No.: 99-0033 DCF: FAC 5.09.25-2 D/ADM R/F D/DFS R/F

- INFOSEC R/F NMSS R/F-  :

C. J. Paperiello D/NMSS

E. L Halman, D/ADM M. L. Horn, NMSS Y. H. Faraz, NMSS P. L hiland, Rill -  !

K. G. O'Brien, PGDP

D. J. Hartland, PORTS i E. Q. Ten Eyck, NMSS R. C. Pierson, NMSS-D. F. Hassell, OGC

, . K. L Winsberg, OGC NRC Public Document Room i

j-l

^

9 l

o