ML20209A131
| ML20209A131 | |
| Person / Time | |
|---|---|
| Site: | Callaway  |
| Issue date: | 11/13/2019 |
| From: | Ameren Missouri, Union Electric Co |
| To: | Office of Nuclear Reactor Regulation |
| Shared Package | |
| ML20209A098 | List:
|
| References | |
| EA-05-007, ULNRC-06547 | |
| Download: ML20209A131 (36) | |
Text
+ ~ P R REGO- - S-AFEG U ARD S- I NF0RMAT10 N--M0DI FI ED HAN D tl NG- - -
UNITED STATES NUCLEAR REGULATORY Ci)MMISSION WASHINGTON, D.C. 20555-0001 July 19, 2005 EA-05-007 To: Holders of Licenses for Power and Research and Test Reactors Authorized to Possess and Transfer Items Containing Radioactive Material Quantities of Concern as listed in Attachment A to Enclosure I
SUBJECT:
ISSUANCE OF ORDER FOR ADDITIONAL SECURITY MEASURES ON THE TRANSPORTATION OF RADIOACTIVE MATERIAL QUANTITIES OF CONCERN The U.S.Nuclear Regulatory Commission (NRC or Commission) has issued the enclosed Order (Enclosure 1 with attachments) that modifies your license with respect to the transportation of radioactive material quantities of concern (RAMQC), to require compliance with the specified additional safeguards and security measures. This Order applies to all Addressees listed in Attachment A to the enclosed Order. The additional security measures (ASM) are listed as Attachment B to the enclosed Order, and contain Safeguards Information.
Requirements in this Order supplement but do not replace existing regulations concerning transportation of radioactive material. Specifically, although this Order addresses notification requirements for certain shipments, the notification requirements of 10 CFR 71.97 are still applicable.
The Commission recognizes that you have voluntarily and responsibly implemented additional security measures following the events of September 11 2001. However, in light of the c~irrent I
threat environment, the Commission has concluded that these additional security measures should be embodied in an Order, consistent with the established regulatory framework, and requires the enclosed Order to be effective immediately.
Please be aware that the information provided at Enclosure 3 provides sensitive information and Enclosures I and 2 contain Safeguards Information and must be protected against unauthorized disclosure. This Order does not obviate the need for licensees to continue to meet and maintain the effectiveness of existing security mezsures taken in response t o the events of September 11 2001. These requirements will remain in effect until the Commission I
determines otherwise.
~~~ ~~~~~ ~~ ~
WARNING: Violation of Section 147 of
!he Atomic Energy Act, "Safeguards When separated from Attachment B of Enclosure 1, Information is subject to Civil and Attachment B of Enclosure 2, and Enclosure 3 this document Criminal Penalties. is DECONTROLLED.
SAFEGUARDS INFORMATION - MODIFIED HANDLING
The enclosed Order requires that all licensees respond to the Order within twenty (20) days of receipt and implement the ASPAS within a specified time fisme. If a licensee pians to implement the ASMs, but not within one-hundred and eighty (I 80) days after issuance of the Order, the licensee should provide the NRC with an implementation schedule as part of their twenty (20) day notification or before one-hundred and eighty (I 80) days has elapsed.
If a licensee elects not to implement the ASMs because they are not applicable to that licensees activities and notifies the NRC accordingly, but conditions change requiring the licensee to ship RAMQC, the licensee should inform the NRC ninety (90) days in advance of their first RAMQC shipment.
The NRC is also issuing Regulatory Issue Summary, Transportation of Radioactive Material Quantities of Concern NRC Threat Advisory and Protective Measures System, (Enclosure 2 with attachments) to specific NRC licensees who are authorized to possess RAMQC and general licensees as described in 10 CFR Part 71 who are authorized to transport radioactive materials in these quantities. In addition, enclosed are the comments and responses from the stakeholder meetings the NRC conducted on the RAMQC Orders (Enclosure 3). The implementation guidance document will be provided under a separate cover.
Please contact Travis Tate (301-415-8474, tlt@nrc.gov), Rocky Foster (301-415-7670, rdf@nrc.gov), or Francis Young (301-41 5-3207, fiy@nrc.gov) to facilitate resolution of any issues or questions related to compliance with the requirements in the enclosed Order. The enclosed Order (with non-public information removed) has been forwarded to the Office of the Federal Register for publication, Sincerely, J. E. Dyer, Director Office of Nuclear Reactor Regulation
Enclosures:
As stated
Callaway Plant, Unit 1 cc:
Professional Nuclear Consulting, 1 nc. Mr. Dan I. Bolef, President 19041 Raines Drive Kay Drey, Representative Derwood, MD 20855 Board of Directors Coalition for the Environment John ONeill, Esq. 6267 Deimar Bouievard Shaw, Pittman, Potts & Trowbridge University City, MO 63130 2300 N. Street, N.W.
Washington, D.C. 20037 Mr. Lee Fritz, Presiding Commissioner Callaway County Court House Mr. Mark A. Reidmeyer, Regional 10 East Fifth Street Regulatory Affairs Supervisor Fulton, MO 65151 Regulatory Affairs AmerenUE Mr. David E. Shafer P.O. Box 620 Superintendent, Licensing Fulton, MO 65251 Regulatory Aff ai rs AmerenUE U.S. Nuclear Regulatory Commission P.O. Box 66149, MC 470 Resident Inspector Office St. Louis, MO 63166-6149 8201 NRC Road Steedman, MO 65077-1302 Mr. Keith D. Young Manager, Regulatory Affairs Mr. Les H. Kanuckel AmerenU E Manager, Quality Assurance P.O. Box 620 AmerenUE Fulton, MO 65251 P.O. Box 620 Fulton, MO 65251 Mr. Scott Clardy, Director Section for Environmental Public Health Missouri Public Service Commission P.0. Box 570 Governor Office Building Jefferson City, MO 65102-0570 200 Madison Street Jefferson City, MO 651 02-0360 Certrec Corporation 4200 South Hulen, Suite 630 Regional Administrator, Region IV Fort Worth, TX 76109 U.S. Nuclear Regulatory Commission 61 1 Ryan Plaza Drive, Suite 400 Director, Missouri State Emergency Arlington, TX 7601 1-4005 Management Agency P.O. Box 116 Mr. Mike Wells, Deputy Director Jefferson City, MO 65102-01 16 Missouri Department of Natural Resources P.O. Box 176 Mr. Charles D. Naslund Jefferson City, MO 65101 Senior Vice President and Chief Nuclear Officer Mr. Rick A. Muench Union Electric Company President and Chief Executive Officer Post Office Box 620 Wolf Creek Nuclear Operating Corporation Fulton, MO 65251 P.O. Box 41 1 Burlington, KA 66839 Updated: July 2005
UNITED STATES OF AMERICA PJU C E A R REGULATORi' CO hiMISS i 0 id In the Matter of )
1 CERTAIN LICENSEES AUTHORIZED TO ) EA-05-007 POSSESS AND TRANSFER ITEMS )
CONTAINING RADIOACTIVE MATERIAL )
QUANTITIES OF CONCERN )
)
ORDER IMPOSING ADDITIONAL SECURITY MEASURES (EFFECTIVE IMMEDIATELY).
I.
The Licensees identified in Attachment A to this Order hold licenses issued by the U.S.
Nuclear Regulatory Commission (NRC or Commission) or an Agreement State, in accordance with the Atomic Energy Act of 1954, as amended, and 10 C.F.R. Parts 50, 70 and 71, or equivalent Agreement State regulations. The licenses authorize them to possess and transfer items containing radioactive material quantities of concern. This Order is being issued to all such Licensees who may transport radioactive material quantities of concern under the NRC's authority to protect the common defense and security, which has not been relinquished to the Agreement States. The Orders require compliance with specific additional security measures to enhance the security for transport of certain radioactive material quantities of concern.
Enclosure 1
11.
On September 11, 2001, terrorists simultaneously attacked targets in New York, N.Y.,
and Washington, D.C., utilizing large commercial aircraft as weapons. In response to the attacks and intelligence information subsequently obtained, the Commission issued a number of Safeguards and Threat Advisories to Licensees in order to strengthen Licensees' capabilities and readiness to respond to a potential attack on this regulated activity. The Commission has also communicated with other Federal, State and local government agencies and industry representatives to discuss and evaluate the current threat environment in order to assess the adequacy of the current security measures. In addition, the Commission commenced a comprehensive review of its safeguards and security programs and requirements.
As a result of its initial consideration of current safeguards and security requirements, as well as a review of information provided by the intelligence community, the Commission has determined that certain security measures are required to be implemented by Licensees as prudent, interim measures to address the current threat environment in a consistent manner.
Therefore, the Commission is imposing requirements, as set forth in Attachment B1 of this Order, on all Licensees identified in Attachment A of this Order. These additional security measures, which supplement existing regulatory requirements, will provide the Commission with reasonable assurance that the common defense and security continue to be adequately protected in the current threat environment. These additional security measures will remain in effect until the Commission determines otherwise.
The Commission recognizes that Licensees may Have already initiated many of the measures set forth in Attachment B to this Order in response to previously issued Safeguards and Threat Advisories or on their own. It is also recognized that some measures may not be
' Attachment B contains Safeguards Information and will not be released to the public.
possible or necessary for all shipments of radioactive material quantities of concern, or may need to be tailored to accommodate the Licensees specific circumstances to achieve the intended objectives and avoid any unforeseen effect on the safe transport of radioactive material quantities of concern.
Although the security measures implemented by Licensees in response to the Safeguards and Threat Advisories have been adequate to provide reasonable assurance of adequate protection of common defense and security, in light of the continuing threat environment, the Commission concludes that the security measures must be embodied in an Order, consistent with the established regulatory framework. The Commission has determined that the security measures contained in Attachment B of this Order contains Safeguards Information and will not be released to the public as per Order entitled, Issuance of Order Imposing Requirements for Protecting Certain Safeguards Information, issued on November 5, 2004. T o provide assurance that Licensees are implementing prudent measures to achieve a consistent level of protection to address the current threat environment, all licensees identified in Attachment A to this Order shall implement the requirements identified in Attachment B to this Order. In addition, pursuant to I 0 C.F.R. § 2.202, I find that in light of the common defense and security matters identified above, which warrant the issuance of this Order, the public health and safety require that this Order be immediately effective, Ill.
Accordingly, pursuant to Sections 53, 63, 81, 103, 104, 161b, 161i, 1610, 182 and 186 of the Atomic Energy Act of 1954, as amended, and the Commissions regulations in I 0 C.F.R. 5 2.202 and 10 C.F.R. Parts 50, 70 and 71 , IT IS HEREBY ORDERED, EFFECTIVE
IMMEDIATELY, THAT ALL LICENSEES IDENTIFIED IN ATTACHMENT A TO THIS ORDER SHALL COMPLY WITH THE FOLLOWING:
A. All Licensees shall, notwithstanding the provisions of any Commission or Agreement State regulation or license to the contrary, comply with the requirements described in Attachment B to this Order. The Licensees shall immediately start implementation of the requirements in Attachment B to the Order and shall complete implementation by January 17, 2006, or before the licensees next shipment after the 180 day implementation period of this Order. This Order supercedes the additional transportation security measures prescribed in the Manufacturers and Distributors Order issued January 12, 2004.
B. 1. All Licensees shall, within twenty (20) days of the date of this Order, notify the Commission, (1) if they are unable to comply with any of the requirements described in Attachment B, (2) if compliance with any of the requirements is unnecessary in their specific circumstances, or (3) if implementation of any of the requirements would cause the Licensee to be in violation of the provisions of any Commission or Agreement State regulation or its license. The notification shall provide the Licensees justification for seeking relief from or variation of any specific requirement.
- 2. Any Licensee that considers that implementation of any of the requirements described in Attachment B to this Order would adversely impact the safe transport of radioactive material quantities of concern must notify the Commission, within twenty (20) days of this Order, of the adverse safety impact, the basis for its determination that the requirement has an adverse safety impact, and either a proposal for achieving the same cbjectives specified in the Attachment B requirement in question, or a schedule for modifying the activity to
address the adverse safety condition. If neither approach is appropriate, the Licensee must supplement its response to Condition B. 1 of this Order to identify the condition as a requirement with which it cannot comply, with attendant justifications as required in Condition B.I.
C. All Licensees shall report to the Commission when they have achieved full compliance with the requirements described in Attachment B.
D. Notwithstanding any provisions of the Commissions or an Agreement States regulations to the contrary, all measures implemented or actions taken in response to this order shall be maintained until the Commission determines otherwise.
Licensee responses to Conditions B.1, 6.2, and C above shall be submitted to the Document Control Desk, ATTN: Director, Office of Nuclear Reactor Regulation, US.Nuclear Regulatory Commission, Washington, DC 20555. In addition, Licensee submittals that contain sensitive security related information shall be properly marked and handled in accordance with Licensees Safeguards Information or Safeguards Information - Modified Handling program.
The Director, Office of Nuclear Reactor Regulation may, in writing, relax or rescind any of the above conditions upon demonstration by the Licensee of good cause.
IV.
In accordance with I 0 C.F.R.5 2.202, the Licensee must, and any other persor; adversely affected by this Order may, submit an answer to this Order, and may request a hearing on this Order, within twenty (20) days of the date of this Order. Where good cause is shown, consideration will be given to extending the time to request a hearing. A request for extension of time in which to submit an answer or request a hearing must be made in writing to the Director, Office of Nuclear Reactor Regulation, U S . Nuclear Regulatory Commission,
Washington, DC 20555. and include a statement of good cause for the extension. The answer may consent to this Order. Unless the answer consents to this Order, the answer shall, in writing and under oath or affirmation, specifically set forth the matters of fact and law on which the Licensee or other person adversely affected relies and the reasons as to why the Order should not have been issued. Any answer or request for a hearing shall be submitted to the Secretary, Office of the Secretary of the Cornmission, U.S. Nuclear Regulatory Commission, ATTN: Rulemakings and Adjudications Staff, Washington, DC 20555. Copies also shall be sent to the Director, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555, to the Assistant General Counsel for Materials Litigation and Enforcement, to the Office of Enforcement at the same address, to the Regional Administrator for NRC Region I, 11, Ill, or IV, at the respective addresses specified in Appendix A to 10 C.F.R. Part 73, appropriate for the specific facility, and to the Licensee if the answer or hearing request is by a person other than the Licensee. Because of possible disruptions in delivery of mail to United States Government offices, it is requested that answers and requests for hearing be transmitted to the Secretary of the Commission either by means of facsimile transmission to 301-415-1 101 or by e-mail to hearingdocket@nrc.gov and also to the Office of the General Counsel either by means of facsimile to 301-415-3725 or by e-mail to OGCMailCenter@nrc.gov. If a person other than the Licensee requests a hearing, that person shall set forth with particularity the manner in which his interest is adversely affected by this Order and shall address the criteria set forth in 10 C.F.R. § 2.714(d).
If a hearing is requested by the Licensee or a person whose interest is adversely affected, the Commission will issue an Order designating the time and place of any hearing. If a hearing is held, the issue to be considered at such hearing shall be whether this Order should be sustained.
Pursuant to 10 C.F.R. $j 2.202(c)(2)(i). the Licensee, may, in addition to demanding a hearing, at the time the answer is filed or sooner, move the presiding officer to set aside the immediate effectiveness of the Order on the ground that the Order, including the need for immediate effectiveness, is not based on adequate evidence but on mere suspicion, unfounded allegations, or error, In the absence of any request for hearing, or written approval of an extension of time in which to request a hearing, the provisions specified in Section Ill above shall be final twenty (20) days from the date of this Order without further order or proceedings. If an extension of time for requesting a hearing has been approved, the provisions specified in Section I l l shall be final when the extension expires if a hearing request has not been received. AN ANSWER OR A REQUEST FOR HEARING SHALL NOT STAY THE IMMEDIATE EFFECTIVENESS OF THIS ORDER.
Dated this lgthday of July 2005 FOR THE NUCLEAR REGULATORY COMMISSION J. E. Dyer, Director Office of Nuclear Reactor Regulation
Power Plants Senior Executive Contacts Mr. LZlilliam Lzvis Senior Vice President and Chief Nuclear Officer PSEG Nuclear LLC-XI 5 Salem Nuclear Generating Station, Units 1 and 2 Hope Creek Generating Station, Unit I Docket Nos. 50-272, 50-31 1, & 50-354 License Nos. DPR-70, DPR-75, & NPF-57 End of Buttonwood Road Hancocks Bridge, NJ 08038 Mr. Michael Kansler President Entergy Nuclear Operations, Inc.
Pilgrim Nuclear Power Station, Unit I Vermont Yankee Nuclear Power Station James A FitzPatrick Nuclear Power Plant Indian Point Nuclear Generating Station, Units 2 and 3 Docket Nos. 50-293, 50,271, 50-333, 50-247, &50-286 License Nos. DPR-35, DPR-28, DPR-59, DPR-26, & DPR-64 440 Hamilton Avenue White Plains, NY 10601 Mr. Gene St. Pierre Site Vice President FPL Energy Seabrook Station, Unit 1 Docket No. 50-443 License No. NPF-86 Central Receiving, Lafayette Road Seabrook, NH 03874 Mr. L. William Pearce Vice President FirstEnergy Nuclear Operating Company Beaver Valley Power Station, Units Iand 2 Docket Nos. 50-334 & 50-412 License Nos. DPR-66 & NPF-73 Route 168 Shippingport, PA 15077 Enclosure 1, Attachment A
Mr. George Vanderheyden Vice President Calvert Cliffs Nuclear Power Plant, Inc.
Calvert Cliffs Nuclear Power Plant, Units 1 and 2 Docket Nos. 50-317 & 50-318 License Nos. DPR-53 & DPR-69 1650 Calvert Cliffs Parkway Lusby, MD 20657-4702 Mrs. Mary G. Korsnick Vice President, R. E. Ginna Nuclear Power Plant, LLC Docket No. 50-244 License No. DPR-18 1503 Lake Road Ontario, NY 14519-9364 Mr. James A. Spina Vice President Nine Mile Point Nuclear Station, LLC Nine Mile Point Nuclear Station, Units 1 and 2 Docket Nos. 50-220 & 50-410 License Nos. DPR-63 & NPF-69 348 Lake Road Oswego, NY 13126 Mr. Britt T. McKinney Senior Vice President and Chief Nuclear Officer PPL Susquehanna, LLC Susquehanna Steam Electric Station, Units Iand 2 Docket Nos. 50-387 & 50-388 License Nos. NPF-I4 & NPF-22 769 Salem Boulevard, NUCSB3 Bewick, PA 18603-0467 Mr. David A. Christian Sr. Vice President and Chief Nuclear Officer Dominion Nuclear Connecticut, Inc.
Virginia Electric and Power Company Millstone Power Station, Units 2 and 3 North Anna Power Station, Units 1 and 2 Surry Power Station, Units Iand 2 Docket Nos. 50-336, 50-423, 50-338, 50-339, & 50-280, & 50-281 License Nos. DPR-65, NPF-49, NPF-4, NPF-7, DPR-32, & DPR-37 lnnsbrook Technical Center 5000 Dominion Boulevard Glen Allen, VA 23060
PA-. Dhisa Ail. Jamil Vice President Duke Energy Corporation Catawba Nuclear Station, Units 1 and 2 Docket Nos. 50-413 & 50-414 License Nos. NPF-35 & NPF-52 4800 Concord Road York, South Carolina 29745 Mr. L. M. Stinson Vice President - Farley Project Southern Nuclear Operating Company, Inc.
Joseph M. Farley Nuclear Plant, Units 1 and 2 Docket Nos. 50-348 & 50-364 License Nos. NPF-2 & NPF-8 40 lnverness Center Parkway Birmingham, Alabama 35242 Mr. H. L. Sumner, Jr.
Vice President - Nuclear, Hatch Project Southern Nuclear Operating Company, Inc.
Edwin I. Hatch Nuclear Plant, Units 1 and 2 Docket Nos. 50-321 & 50-366 License Nos. DPR-57 & NPF-5 40 lnverness Center Parkway Birmingham, Alabama 35242 Mr. G. R. Peterson Vice President Duke Energy Corporation William 6. McGuire Nuclear Station, Units Iand 2 Docket Nos. 50-369 & 50-370 License Nos. NPF-9 & NPF-17 I2700 Hagers Ferry Road Huntersville, NC 28078 Mr. Ronald A. Jones Vice President, Oconee Site Duke Energy Corporation Oconee Nuclear Station, Units 1, 2 and 3 Docket Nos. 50-269, 50-270, & 50-287 License Nos. DPR-38, DPR-47, & DPR-55 7800 Rochester Highway Seneca, SC 29672
Mr. Don E. Grissette Vice President Southern Nuclear Operating Company, Inc.
Vogtle Electric Generating Plant, Units 1 and 2 Docket Nos. 50-424 & 50-425 License Nos. NPF-68 & NPF-81 40 lnverness Center Parkway Birmingham, Alabama 35242 Mr. C. J. Gannon Vice President Carolina Power & Light Company Progress Energy, Inc.
Brunswick Steam Electric Plant, Units 1 and 2 Docket Nos. 50-325 & 50-324 License Nos. DPR-71 & DPR-62 Hwy 87, 2.5 Miles North Southport, North Carolina 28461 Mr. James Scarola Vice President Carolina Power & Light Company Shearon Harris Nuclear Power Plant, Unit 1 Docket No. 50-400 License No. NPF-63 5413 Shearon Harris Road New Hill, North Carolina 27562-0165 Mr. Dale E, Young Vice President Supervisor, Licensing and Regulatory Programs Florida Power Corporation Crystal River Nuclear Generating Plant, Unit 3 Docket No. 50-302 License No. DPR-72 15760 W. Power Line Street Crystal River, Florida 34428-6708 Mr. J. W. Moyer Vice President Carolina Power & Light Company Progress Energy H. B. Robinson Steam Electric Plant, Unit 2 Docket No. 50-261 License No. DPR-23 3581 West Entrance Road Hartsville, South Carolina 29550
Mr. Brian 4. OGraby Site Vice President Browns Ferry Nuclear Plant, Units 1, 2 and 3 Tennessee Valley Authority Docket Nos. 50-259, 50-260, & 50-296 License Nos. DPR-33, DPR-52, DPR-68, 10835 Shaw Rd.
Athens, AL 35611 Mr. William R. Lagergren Site Vice President Watts Bar Nuclear Plant, Unit 1 Tennessee Valley Authority Docket No. 50-390 License No. NPF-90 Highway 68 Near Spring City Spring City, TN 37381 Mr. Randy Douet Site Vice President Sequoyah Nuclear Plant, Units Iand 2 Tennessee Va Iley Authority Docket Nos. 50-327 and 50-328 License Nos. DPR-77 and DPR-79 2000 lug0 Ferry Road Soddy Daisy, TN 37379 Mr. J. A. Stall Senior Vice President, Nuclear and Chief Nuclear Officer Florida Power and Light Company St. Lucie, Units 1 and 2 Turkey Point Nuclear Generating Station, Units 3 and 4 Docket Nos. 50-335, 50-389, 50-250, & 50-251 License Nos. DPR-67, NPF-16, DPR-31, & DPR-41 700 Universe Boulevard Juno Beach, Florida 33408-0420 Mr. Mano K. Nazar Senior Vice President and Chief Nuclear Officer Indiana Michigan Power Company Nuclear Generation Group Donald C. Cook Nuclear Plant, Units 1 and 2 Docket Nos. 50-315 & 50-316 License Nos. DPR-58 & DPR-74 One Cook Place Bridgman, MI 49106
M:. G a y Jan Middleswo;th Site Vice President Nuclear Management Company, LLC Duane Arnold Energy Center Docket No. 50-331 License No. DPR-49 3277 DAEC Road Palo, IA 52324-9785 Mr. William T. OConnor, Jr.
Vice President - Nuclear Generation Detroit Edison Company Fermi, Unit 2 Docket No. 50-341 License No. NPF-43 6400 North Dixie Highway Newport, MI 48166 Mr. Michael G. Gaffney Site Vice President Kewaunee Nuclear Power Plant Nuclear Management Company, LLC Docket No. 50-305 License No. DPR-43 N490 Highway 42 Kewaunee, WI 54216-9511 Mr. John Conway Site Vice President Nuclear Management Company, LLC Monticello Nuclear Generating Plant Docket No. 50-263 License No. DPR-22 2807 West County Road 75 Monticello, MN 55362-9637 Mr. Daniel J. Malone Site Vice President Nuclear Management Company, LLC Palisades Nuclear Plant Docket No. 50-255 License No.DPR-20 27780 Blue Star Memorial Highway Covert, MI 49043-9530
hAr. Dennis L. Kceh!
Site Vice President Nuclear Management Company, LLC Point Beach Nuclear Plant, Units 1 and 2 Docket Nos. 50-266 & 50-301 License Nos. DPR-24 & DPR-27 6590 Nuclear Road Two Rivers, WI 54241-9516 Mr. Thomas J. Palmisano Site Vice President Nuclear Management Company, LLC Prairie Island Nuclear Generating Plant, Units 1 and 2 Docket Nos. 50-282 & 50-306 License Nos. DPR-42 & DPR-60 1717 Wakonade Drive East Welch, MN 55089 Mr. Christopher M. Crane President and Chief Nuclear Officer Exelon Generation Company, LLC AmerGen Energy Company, LLC Braidwood Station, Units 1 and 2 Byron Station, Units 1 and 2 Dresden Nuclear Power Station, Units 2 and 3 LaSalle County Station, Units 1 and 2 Quad Cities Nuclear Power Station, Units Iand 2 Limerick Generating Station, Units 1 and 2 Peach Bottom Atomic Power Station, Units 2 and 3 Oyster Creek Nuclear Generating Station Clinton Power Station Three Mile Island Nuclear Station, Unit 1 Docket Nos. 50-456, 50-457, 50-454, 50-455, 50-237, 50-249, 50-373, 50-374, 50-254, 50-265, 50-352, 50-353, 50-277, 50-278, 50-219, 50-461, & 50-289 License Nos. NPF-72, NPF-77, NPF-37, NPF-66, DPR-19, DPR-25, NPF-1I , NPF-18, DPR-29, DPR-30, NPF-39, NPF-85, DPR-44, DPR-56, DPR-16, NPF-62, & DPR-50 4300 Winfield Road Warrenville, IL 60555 Mr. Mark Bezilla Vice President, Davis-Besse FirstEnergy Nuclear Operating Company Davis-Besse Nuclear Power Station Docket No. 50-346 License No. NPF-3 5501 North State Route 2 Oak Harbor, OH 43449-9760
Mr. Rlc-hirc! .A. ..r?derson Vice President - Nuclear FirstEnergy Nuclear Operating Company Perry Nuclear Power Plant, Unit I Docket No. 50-440 License No. NPF-58 I 0 North Center Street Perry, OH 44081 Mr. Jeffrey S. Forbes Site Vice President Entergy Operations, Inc.
Arkansas Nuclear One, Units 1 and 2 Docket Nos. 50-313 & 50-368 License Nos. DPR-51 & NPF-6 1448 S. R. 333 Russellville, AR 72802 M. R. Blevins Senior Vice President and Chief Nuclear Officer TXU Generation Company, LP Comanche Peak Steam Electric Station, Units 1 and 2 Docket Nos. 50-445 & 50-446 License Nos. NPF-87 & NPF-89 5 Miles North of Glen Rose Glen Rose, TX 76043 Mr. Randall K. Edington Vice President-Nuclear and CNO Nebraska Public Power District Cooper Nuclear Station Docket No. 50-298 License No. Dpr-46 1200 Prospect Road Brownville, NE 68321 Mr. George A.Williams GGNS Vice President, Operations Entergy Operations, Inc.
Grand Gulf Nuclear Station, Unit 1 Docket No. 50-416 License No. NPF-29 Bald Hill Road-Waterloo Road Port Gibson, MS 39150
Mr. Pau! D. Hinnenkarnp Vice President - Operations Entergy Operations, Inc.
River Bend Station, Unit 1 Docket No. 50-458 License No. NPF-47 5485 US Highway 61N St. Francisville, LA 70775 Mr. James J. Sheppard President and Chief Executive Officer South Texas Project Nuclear Operating Company Docket Nos. 50-498 & 50-499 License Nos. NPF-76 & NPF-80 South Texas Project Electric Generating Company, Units 1 and 2 8 Miles West of Wadsworth, on FM 521 Wadsworth, TX 77483 Mr. Joseph E. Venable Vice President Operations Entergy Operations, Inc.
Waterford Steam Electric Generating Station, Unit 3 Docket No. 50-382 License No. NPF-38 17265 River Road Killona, LA 70057-2065 Mr. Charles D. Naslund Senior Vice President and Chief Nuclear Officer Union Electric Company Callaway Plant, Unit I Docket No. 50-483 License No. NPF-30 Junction Hwy CC & Hwy 0: 5 Miles North of Hwy 94 Portland, MO 65067 Mr. Gregory M. Rueger Senior Vice President, Generation and Chief Nuclear Officer Pacific Gas and Electric Company Diablo Canyon Nuclear Power Plant, Units 1 and 2 Docket Nos. 50-275 & 50-323 License Nos. DPR-80 & DPR-82 9 Miles Northwest of Avila Beach Avila Beach, CA 93424
Mr. R. -6. Ridenogre Vice President - Chief Nuclear Officer Omaha Public Power District Fort Calhoun Station, Unit 1 Docket No. 50-285 License No. DPR-40 Fort Calhoun Station FC-2-4 Adm.
444 South 16th Street Mall Omaha, NE 68102-2247 Mr. Gregg R. Overbeck Senior Vice President, Nuclear Arizona Public Service Company Palo Verde Nuclear Generating Station, Units 1, 2 and 3 Docket Nos. 50-528, 50-529, & 50-530 License Nos. NPF-41, NPF-51, & NPF-74 5801 S. Wintersburg Road Tonopah, AZ 85354-7529 Mr. Harold B. Ray Executive Vice President Southern California Edison Company San Onofre Nuclear Station, Units 2 and 3 Docket Nos. 50-361 & 50-362 License Nos. NPF-10 & NPF-15 5000 Pacific Coast Highway San Clemente, CA 92674 Mr. J. V. Parrish Chief Executive Officer Energy Northwest Columbia Generating Station Docket No. 50-397 License No. NPF-21 Snake River Warehouse, North Power Plant Loop Richland, WA 99352 Mr. Rick A. Muench President and Chief Executive Officer Wolf Creek Nuclear Operating Corporation Wolf Creek Generating Station, Unit 1 Docket No. 50-482 License No. NPF-42 1550 Oxen Lane, NE Burlington, KS 66839
Mr. Jeffrey 9.Archie Vice President, Nuclear Operations South Carolina Electric and Gas Company Virgil C. Summer Nuclear Station Docket No. 50-395 License No. NPF-I2 Hwy 215N at O.S. Bradham Boulevard Jenkinsville, South Carolina 29065 Research and Test Reactor Licensees Mr. Ray Tsukimura, President Aerotest Operations Inc.
3455 Fostoria Way San Ramon, CA 94583 Mr. Stephen I. Miller, Reactor Facility Director Armed Forces Radiobiology Research Institute Naval Medical Center 8901 Wisconsin Ave.
Bethesda, MD 20889-5603 Mr. Howard C. Aderhold Director, Ward Center for Nuclear Sciences Cornell University 1I 2 Ward Laboratory Ithaca, NY 14853 Mr. Ward L. Rigot, Facility Director and Reactor Supervisor Dow Chemical Company 1602 Building Midland, MI 48674 Dr. Keith E. Asmussen General Atomics 3550 General Atomics Court San Diego, CA 92121-1122 Mr. David Turner Val lecitos Nuclear Center General Electric Company 6705 Vallecitos Road Sunol, CA 94586 Dr. John S . Bennion Reactor Manager/Supervisor Idaho State University, P.O. Box8060 Pocatello, ID 83209
Mr. ??lichae!Whaley, Manage:
KSU Nuclear Reactor'Facility 112 Ward Hall Kansas State University Manhattan, KS 66506-5204 Dr. John Bernard, Director of Reactor Operations Nuclear Reactor Laboratory Massachusetts Institute of Technology 138 Albany Street Mail Stop NW 12-208 Cambridge, MA 02139 Mr. Andrew Cook, Nuclear Reactor Program North Carolina State University 2500 Stinson Drive Raleigh, NC 27695 Dr. Seymour H. Weiss NlST Center for Neutron Research National Institute of Standards and Technology U.S. Department of Commerce 100 Bureau Drive, Stop 8561 Gaithersburg, MD 20899-8561 Mr. Gerald D. Wicks, Nuclear Reactor Program North Carolina State University 2500 Stinson Drive Raleigh, NC 27695 Mr. Andrew C. Kauffman The Ohio State University Nuclear Reactor Laboratory 1298 Kinnear Road Columbus OH, 4321 2-1154 Mr. Steve Reece 100 Radiation Center Oregon State University Corvallis, OR 97331 Dr. Fred Sears Breazeale Nuclear Reactor Penn State University University Park, PA 16802
Edward ?Ae rrltt Purdue University Nuclear Engineering Bldg.
400 Central Dr.
West Lafayette, IN 47907-2017 Mr. Stephen G. Frantz, Director Reed Reactor Facility Reed College 3203 SE Woodstock Blvd.
Portland, OR 97202 Mr. Glenn C. Winters, Director Rensselaer Polytechnic Institute I 1 0 8th Street Nuclear Engineering and Science Building Troy, NY 12180-3590 Mr. Terence Tehan Rhode Island Atomic Energy Commission Rhode Island Nuclear Science Center 16 Reactor Road Narragansett, RI 02882-1 165 Mr. David Vasbinder Occupational and Environmental Safety University at Buffalo 220 Winspear Avenue Buffalo, NY 14214-1034 Mr. Robert 0. Berry Department of Nuclear Engineering Texas A&M University Mail Stop 3133 College Station, Texas 77843-3133 Mr. Jim Remlinger, Nuclear Science Center Texas Engineering Experiment Station 1095 Nuclear Science Road College Station, Texas 77843 Mr. Tim DeBey U.S. Geological Survey 6th and Kipling Denver Federal Center, Building 15, MS 974 Denver, Colorado 80225
Mr. J o h ~
G. \.Ni!!ims Nuclear Reactor Laboratory University of Arizona Old Engineering Building, Room 114 Tucson, Az 85721-0020 Dr. David M. Slaughter, Director UC Davis McClellan Nuclear Research Center 5335 Price Avenue McClellan, CA 95652 Dr. George Miller, Department of Chemistry UC lrvine 326 Rowland Hall Irvine, CA 92697-2025 Dr. William Vernetson, Ph.D.
Director of Nuclear Facilities University of Florida 202 Nuclear Science Building Gainesville, FL 32611-8300 Mr. Rich Holm, 214 NEL University of Illinois 103 South Goodwin Avenue Urbana, Illinois 61801 Mr. Vincent Adams University of Maryland Department of Materials & Nuclear Engineering Bldg. 090 Room 2308 College Park, M D 20742-21 15 Mr. Leo Bobek, Nuclear Radiation Laboratory University of Massachusetts Lowell One University Avenue, Pinanski Energy Center Lowell, MA 01854 Mr. Chris Becker Phoenix Memorial Laboratory Ford Nuclear Reactor University of Michigan 2301 Bonisteel Boulevard Ann Arbor, MI 48109-2100 Mr. Ralph Butler MU Research Reactor I513 Research Park Columbia, Missouri 6521 1
My. Bi!! Ronzer, Reactor Directer Nuclear Reactor Facility 1870 Miner Circle Rolla, MO 65409-0630 Dr. Robert D. Busch, Chief Reactor Supervisor Chemical and Nuclear Engineering Department University of New Mexico 209 Farris Engineering Department Albuquerque, NM 87131-1341 Mr. David S. O'Kelly, Nuclear Engineering Teaching Lab University of Texas 10100 Burnet Road Austin, TX 78758 Mr. Paul E. Benneche, Acting Director UVA Nuclear Reactor Facility P.O. Box 400322 CharI ott esviI I e , VA 22904-4322 Dr. Melinda Krahenbuhl 122 S. Central Campus Drive Room 104 University of Utah Salt Lake City, UT 841 12 Mr. Robert J. Agasie Reactor Director Nuclear Reactor Laboratory 1513 University Avenue, Room 141ME University of Wisconsin Madison, WI 53706-1687 Dr. Gerald E. Tripard Nuclear Radiation Center Roundtop Drive Washington State University Pullman, WA 99164-1300 Mr. Stephen J. LaFlamme, Director Nuclear Reactor Facility Worcester Polytechnic Institute I 0 0 Institute Road Worcester, MA 01609-2280
Mr. Stan!ey Addison, RSO Radiation Safety Office 201 Hall Health Center University of Washington Seattle, WA 98195-4400 Mr. Erhard W. Koehler Manager Direct Programs U.S. Maritime Administration 400 7'h Street Washington, D.C. 20590 Dr. Lynell W. Klassen, Associate Chief of Staff Research and Development 151 Reactor Manager Veterans Affairs Medical Center 41 01 Woolworth Avenue Omaha, NE 68105 Mr. Marc DelVechio Department of Public Safety Rensselaer Polytechnic Institute 110 Eighth Street Troy, NY 12180-3590
SAFEGUARDS I NFORMATION-MODIFIED HAND LING UNITED STATES i W C i E k R REGULATORY COMMISSION OFFICE O F NUCLEAR REACTOR REGULATION OFFICE OF NUCLEAR MATERIALS SAFETY AND SAFEGUARDS WASHINGTON. D.C. 20555-0001 July 11, 2005 NRC REGULATORY ISSUE
SUMMARY
2005-12 TRANSPORTATION OF RADIOACTIVE MATERIAL QUANTITIES OF CONCERN NRC THREAT ADVISORY AND PROTECTIVE MEASURES SYSTEM ADDRESSEES U S . Nuclear Regulatory Commission (NRC or Commission) licensees authorized to possess radioactive material that equals o r exceeds the threshold values in the Additional Security Measures (ASM) for transportation of Radioactive Material Quantities of Concern (RAMQC) under their 10 CFR Part 30, 32, 50, 70, and 71 licenses and Agreement State licensees similarly authorized to possess such material in such quantities under their Agreement State I icenses.
INTENT The NRC is issuing this Regulatory Issue Summary (RE) to inform addressees of changes to the threat advisory conditions and protective measures system for their use in preplanning graded protective measures to respond to changes in the threat environment. A RIS is generally used to communicate with the nuclear industry on various matters for which no response or action is required. This RIS communicates actions that the NRC considers appropriate at each threat level. The Commission has determined that issuance of this RIS is the most efficient mechanism to align the Department of Homeland Security (DHS), the NRC, and licensee expectations about licensees' response to threat advisories.
WARNING: Violations of Section 147 of the Atomic Energy Act, "Safeguards When separated from Attachment 8 this document is Information" is subject to Civil and DECONTROLLED. Criminal Penalties SA FE G UARB S !NF 0W MATI0M -M0D IF1E D HAND L !NG Enclosure 2
L RIS 2005-1 2 Page 2 of 5 BACKGROUND INFORMATION DHS has developed a Homeland Security Advisory System (HSAS) to provide a comprehensive and effective system for disseminating information concerning the risk of terrorist attacks to Federal, State, and local authorities and the public. The HSAS implements Homeland Security Presidential Directive 3, as amended (HSPD-3), dated March 11, 2002 (Attachment A).
Additional information on HSPD-3 can also be found on the White House Web site at http://www.whitehouse.gov/news/releases/2002/03/20020312-1 .html. The NRC previously issued RIS 2003-1 6 to identify a change in the HSPD-3, as amended (HSPD-3), dated March 11, 2002 to addressees who received RlSs 2002-12AI -128, -12C, -12D, -1 2E, -12F,-
12G, -12H,-121, -121 Revision 1, and -12L. The change was required by Homeland Security Presidential Directive (HSPD-5), Management of Domestic Incidents, dated February 28, 2003. HSAS has included five color-coded threat conditions with a description of corresponding actions at each level:
0 Green (low condition) Low risk of terrorist attack a Blue (guarded condition) General risk of terrorist attack a Yellow (elevated condition) Significant risk of terrorist attack Orange (high condition) High risk of terrorist attack a Red (severe condition) Severe risk of terrorist attack
SUMMARY
OF ISSUE The HSAS provides a consistent national framework for government officials and citizens to communicate the nature and extent of terrorist threats. The advisory system characterizes appropriate levels of vigilance, preparedness, and readiness for each threat condition, and describes associated actions that should be taken to counter and respond to terrorist activities.
In declaring threat conditions, the Secretary of Homeland Security in consultation with the Attorney General, members of the Homeland Security Council, and any other appropriate federal agency heads, will consider, but is not limited to, the following factors:
0 To what degree is the threat information credible?
To what degree is the threat information corroborated?
0 To what degree is the threat specific and/or imminent?
How grave are the potential consequences of the threat?
5 To what degree is the target vulnerable to the threat?
HSAS advisories regarding threat conditions may be declared for the entire Nation, a specific geographical area or an industrial sector. The advisories will be sent to local, State, and Federal government agencies as appropriate. In general, the threat conditions escalate as the likelihood or imminence of an attack increases.
Although the threat condition will be determined by the Attorney General, the NRC is responsible under HSPD-3 to establish the appropriate protective measures for the facilities under its regulatory authority. In addition, the NRC is responsible for responding to risks, threats, incidents, and events at N RC licensed facilities or involving NRC licensed material.
RIS 2005-12 Page 3 of 5 Upon a declaration of an HSAS threat cmdition, the NRC will piomptiy notify affected licensees of the threat condition and the appropriate recommended protective measures to be taken.
In addition, the NRC may notify affected licensees to establish certain protective measures in the absence of an HSAS declaration. For example, the NRC could take such a step in response to an emergency or site-specific situation.
The NRC is using this RIS to announce its threat advisory and protective measures system to implement the HSAS for licensees transporting RAMQC, and spent nuclear fuel less than 100 grams. The NRC will use the color-coded system defined by the HSAS to relay information on the threat conditions. The NRC has also defined five levels of protective measures (Attachment B containing Safeguards Information), which generally correlate with the five color-coded conditions of the HSAS. Protective measures at each level build upon the actions defined in the lower levels. For example, measures at Level Ill will include those measures taken at levels I and II.
. Level I (low) protective measures, which generally correspond to the green threat condition, are considered routine level of operation. The protective measures are met by licensees maintaining their security programs required by the regulations, licenses, or Orders. Measures to enhance security need to be available for implementation in the event of a higher threat condition.
Level II (guarded) protective measures, which generally correspond to the blue threat condition, involve more activities by the licensees, but generally do not involve significant non-routine actions. The activities typically relate to readiness, (e.g., notifying personnel to stand by or bringing in additional security officers to prepare for an enhanced response). Actions taken at Level II include actions taken at Level I.
a Level I II (elevated) protective measures, which generally correspond to the yellow threat condition, involve enhanced security measures and additional resources, perhaps on a sustained basis, but utilize hardware and personnel already at the licensee's disposal.
The first HSAS announcement on March 12, 2002, DHS considered the country to be in a yellow threat condition. Actions taken at Level Ill will include actions taken at Levels I and II.
a Level IV (high) protective measures, which generally correspond to the orange threat condition, assume that the licensee's security organization is at its highest sustainable level and that the licensee will re-quest augmentation from local and State and possibly Federal resources to provide additional defensive capabilities. NRC advisories will provide additional specific information to the licensee(s) as information about the threat develops. Any additional licensee actions will be based on threat specific information.
Actions taken at Level IV include actions taken at Levels I, II, and 111.
Level V (severe) protective measures, which generally correspond to the red threat condition, assume that the licensee will request augmentation by Federal resources (in addition to already requested State and local resources) to provide additional defensive capabilities. The NRC will facilitate implementation of this added Federal presence. It is expected that this condition will be limited to one or a very small number of licensees for a limited period of time. Any additional specific actions will be based on an ongoing
RIS 2005-12 Page 4 of 5 assessment of the threat by the NRC and other Federal agencies. Ac-tims taken at Level V will include actions taken at Levels I, II, 111, and IV.
When a change in threat condition that affects NRC and Agreements States' licensees, the NRC will issue a threat advisory to its licensees. The NRC will refer licensees to the recommended protective measures described in Attachment B. Regardless of the current threat condition, licensees are required to comply with existing regulations, licenses, and Orders. Attachment B provides clear descriptions of the basic actions that are necessary to achieve the desired level of protection. The NRC may tailor the protective measures, including specific instructions on protection against a specific mode of attack.
In some cases, the circumstances of a particular threat may warrant that additional security measures be implemented beyond those provided in Attachment B. Such additional measures may be necessary depending on the type of licensee affected, the safeguards risks associated with various licensed activities, the specific vulnerabilities of a given activity, the suspected mode of attack, and the likelihood and nature of the threat. Although most terrorist attacks occur without specific warning, whenever possible the NRC will provide information about the nature and projected time frame of the threat.
The protective measures in Attachment B are specified for particular threat levels depending on the seriousness of the threat and the urgency of the action to address the threat. Therefore, it is imperative that prompt implementation of the measures are performed to protect the facility (or activities).
HSPD-3 makes clear that agency heads "retain the authority to respond, as necessary, to risks, threats, incidents, or events at facilities (or activities) within the specific jurisdiction of their department or agency. Therefore, the Commission may need to impose additional measures in response to a fast-moving situation during the transition period prior t o formal declaration of a threat escalation by the Attorney General.
The NRC will revise Attachment B to this RIS as necessary. In addition, this RIS will be reviewed at least once a year and revised as necessary. Licensees seeking to provide input to the RIS and possible revisions should forward comments to the contact listed below.
BACKFIT DlSCUSSlON This RIS requires no action or written response and is therefore not a backfit under I 0 CFR Part 50.109, 70.76, and 76.76. This RIS communicates actions the NRC considers appropriate at each threat level, but these actions are not requirements. Therefore, the staff did not perform a backfit analysis.
RIS 2005-12 Page 5 of 5 FEDERAL REGISTER NOT1Fl CAT1ON A notice of opportunity for public comment was not published in the Federal Register because this RIS is informational. The Commission also plans to issue additional regulatory issue summaries in this series to cover additional classes of licensees, or NRC-licensed activities, as NRCs review progresses. Any specific comments should be forwarded to the contact listed below.
SMALL BUSINESS REGULATORY ENFORCEMENT FAIRNESS ACT of 1996 In accordance with the Small Business Enforcement Fairness Act of 1996, the NRC has determined that this action is not a major rule and has verified this determination with the Office of Information and Regulatory Affairs of the Office of Management and Budget (OMB).
PAPERWORK REDUCTION ACT STATEMENT This RIS does not contain information collections and, therefore, is not subject to the requirements of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501, et seq.).
CONTACT Please direct any questions this matter to the technical contact listed below.
Patrick L. Hiland, Chief Charles LT Miller, Director Reactor Operations Branch Division of Industrial and Medical Division of Inspection Program Management Nucl ea r Safety Office Nuclear Reactor Regulation Office of Nuclear Material Safety and Safeguards CONTACT: Rocky Foster, NSIR/DNS (301) 415-7670 E-mail: rdf@nrc.qov Attachments: (A) HSPD-3, Homeland Security Advisory System, a s amended by HSPD-5 (B) Threat Conditions and Recommended Actions for the Transportation of Radioactive Material Quantities of Concern, and Spent Nuclear Fuel Less Than 100 grams (C) List of Recently Issued NMSS Generic Communications Attachment B will not be released to the public because it contains Safeguards Information and must be accorded the protection required under I 0 CFR 73.21 Note: NRC generic communications may be found on the NRC public website, http:l/w.nrc.gov, under Electronic Reading Room/Document Collections.
Homeland Security Presidential Directive-3, as amended by Homeland Security Presidential Directive-5 Purpose The Nation requires a Homeland Security Advisory System to provide a comprehensive and effective means to disseminate information regarding the risk of terrorist acts to Federal, State, and local authorities and to the American people. Such a system would provide warnings in the form of a set of graduated "Threat Conditions" that would increase as the risk of the threat increases. At each Threat Condition, Federal depaliments and agencies would implement a corresponding set of "Protective Measures" to further reduce vulnerability or increase response capability during a period of heightened alert.
This system is intended to create a common vocabulary, context, and structure for an ongoing national discussion about the nature of the threats that confront the homeland and the appropriate measures that should be taken in response. It seeks to inform and facilitate decisions appropriate to different levels of government and to private citizens at home and at work.
Homeland Security Advisory System The Homeland Security Advisory System shall be binding on the executive branch and suggested , although voluntary, to other levels of government and the private sector. There are five Threat Conditions, each identified by a description and corresponding color. From lowest to highest, the levels and colors are:
Low = Green; Guarded = Blue; Elevated = Yellow; High = Orange; Severe = Red.
The higher the Threat Condition, the greater the risk of a terrorist attack. Risk includes both the probability of an attack occurring and its potential gravity. Threat Conditions shall be assigned by the Secretary of Homeland Security in consultation with the Assistant to the President for Homeland Security. Except in exigent circumstances, the Secretary of Homeland Security shall seek the views of the Attorney General, and any other federal agency heads the Secretary deems appropriate, including other members of the Homeland Security Council, on the Threat Condition t o be assigned. Threat Conditions may be assigned for the entire Nation, or they may be set for a particular geographic area or industrial sector. Assigned Threat Conditions shall be reviewed a t regular intervals to determine whether adjustments are warranted.
Attachment A Page 1 of 5
Homeland Security Presidential Direcrive-3, as amended For facilities, personnel, and operations inside the territorial United States, a!I Federal departments, agencies, and offices other than military facilities shall conform their existing threat advisory systems to this system and henceforth administer their systems consistent with the determination of the Secretary of Homeland Security with regard to the Threat Condition in effect.
The assignment of a Threat Condition shall prompt the implementation of an appropriate set of Protective Measures. Protective Measures are the specific steps an organization shall take to reduce its vulnerability or increase its ability to respond during a period of heightened alert. The authority to craft and implement Protective Measures rests with the Federal departments and agencies. It is recognized that departments and agencies may have several preplanned sets of responses to a particular Threat Condition to facilitate a rapid, appropriate, and tailored response. Department and agency heads are responsible for developing their own Protective Measures and other antiterrorism or self-protection and continuity plans, and resourcing, rehearsing, documenting, and maintaining these plans. Likewise, they retain the authority to respond, as necessary, to risks, threats, incidents, or events at facilities within the specific jurisdiction of their department or agency, and, as authorized by law, to direct agencies and industries to implement their own Protective Measures. They shall continue to be responsible for taking all appropriate proactive steps to reduce the vulnerability of their personnel and facilities to terrorist attack. Federal department and agency heads shall submit an annual written report to the President, through the Assistant to the President for Homeland Security, describing the steps they have taken to develop and implement appropriate Protective Measures for each Threat Condition. Governors, mayors, and the leaders of other organizations are encouraged to conduct a similar review of their organizations Protective Measures.
At the request of the Secretary of Homeland Security, the Department of Justice shall permit and facilitate the use of delivery systems administered or managed by the Department of Justice for the purposes of delivering threat information pursuant to the Homeland Security Advisory System.
The decision whether to publicly announce Threat Conditions shall be made on a case-by-case basis by the Secretary of Homeland Security in consultation with the Assistant to the President for Homeland Security. Every effort shall be made to share as much information regarding the threat as possible, consistent with the safety of the Nation. The Secretary of Homeland Security shall ensure, consistent with the safety of the Nation, that State and local government officials and law enforcement authorities are provided the most relevant and timely information. The Secretary of Homeland Security shall be responsible for identifying any other information developed in the threat assessment process that would be useful to State and local officials and others and conveying it to them as permitted consistent with the constraints of classification.
The Secretary of Homeland Security shall establish a process and a system for conveying relevant information to Federal, State, and local government officials, law enforcement authorities, and the private sector expeditiously.
Page 2 of 5
Homeland Security Presidential Directive-3, as amended The Director of Central Intelligence, Secretary of Homeland Security and the Attorney General shall ensure that a continuous and timely flow of integrated threat assessments and reports is provided to the President, the Vice President, Assistant to the President and Chief of Staff, the Assistant to the President for Homeland Security, and the Assistant to the President for National Security Affairs. Whenever possible and practicable, these integrated threat assessments and reports shall be reviewed and commented upon by the wider interagency community.
A decision on which Threat Condition to assign shall integrate a variety of considerations. This integration will rely on qualitative assessment, not quantitative calculation. Higher Threat Conditions indicate greater risk of a terrorist act, with risk including both probability and gravity.
Despite best efforts, there can be no guarantee that, at any given Threat Condition, a terrorist attack will not occur. An initial and important factor is the quality of the threat information itself.
The evaluation of this threat information shall include, but not be limited to, the following factors:
To what degree is the threat information credible?
To what degree is the threat information corroborated?
To what degree is the threat specific andlor imminent?
How grave are the potential consequences of the threat?
Threat Conditions and Associated Protective Measures The world has changed since September 11, 2001. We remain a Nation at risk to terrorist attacks and will remain at risk for the foreseeable future. At all Threat Conditions, we must remain vigilant, prepared, and ready to deter terrorist attacks. The following Threat Conditions each represent an increasing risk of terrorist attacks. Beneath each Threat Condition are some suggested Protective Measures, recognizing that the heads of Federal departments and agencies are responsible for developing and implementing appropriate agency-specific Protective Measures:
Low Condition (Green).This condition is declared when there is a low risk of terrorist attacks.
Federal departments and agencies should consider the following general measures in addition to the agency-specific Protective Measures they develop and implement:
Refining and exercising as appropriate preplanned Protective Measures; Ensuring personnel receive proper training on the Homeland Security Advisory System and specific preplanned department or agency Protective Measures; and Institutionalizing a process to assure that all facilities and regulated sectors are regularly assessed for vulnerabilities to terrorist attacks, and all reasonable measures are taken to mitigate these vulnerabilities.
Page 3 of 5
V Homeland Security Presidential Directive-3, as amended Guarded Condition (Blue). This condition is declared when there is a general risk of terrorist attacks. In addition to the Protective Measures taken in the previous Threat Condition, Federal departments and agencies should consider the following general measures in addition to the agency-specific Protective Measures that they will develop and implement:
Checking communications with designated emergency response or command locations; Reviewing and updating emergency response procedures; and Providing the public with any information that would strengthen its ability to act appropriately.
Elevated Condition (Yellow).An Elevated Condition is declared when there is a significant risk of terrorist attacks. In addition t o the Protective Measures taken in the previous Threat Conditions, Federal departments and agencies should consider the following general measures in addition to the Protective Measures that they will develop and implement:
Increasing surveillance o f critical locations; Coordinating emergency plans as appropriate with nearby jurisdictions; Assessing whether the precise characteristics of the threat require the further refinement of preplanned Protective Measures; and Implementing, as appropriate, contingency and emergency response plans.
High Condition (Orange). A High Condition is declared when there is a high risk of terrorist attacks. In addition to the Protective Measures taken in the previous Threat Conditions, Federal departments and agencies should consider the following general measures in addition to the agency-specific Protective Measures that they will develop and implement:
Coordinating necessary security efforts with Federal, State, and local law enforcement agencies or any National Guard or other appropriate armed forces organizations; Taking additional precautions at public events and possibly considering alternative venues or even cancellation; Preparing to execute contingency procedures, such as moving to an alternate site or dispersing their workforce; and Restricting threatened facility access to essential personnel only.
S e v e r e Condition (Red). A Severe Condition reflects a severe risk of terrorist attacks. Under most circumstances, the Protective Measures for a Severe Condition are not intended to be sustained for substantial periods of time. In addition to the Protective Measures in the previous Threat Conditions, Federal departments and agencies also should consider the following Page 4 of 5
Horn eland Security Preside n tia I Directive-3, as amended general measures in addition to the agency-specific Protective Measures that they will develop sfid implement:
Increasing or redirecting personnel to address critical emergency needs:
Assigning emergency response personnel and pre-positioning and mobilizing specially trained teams or resources; Monitoring, redirecting, or constraining transportation systems; and Closing public and government facilities.
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