ML20212L397
| ML20212L397 | |
| Person / Time | |
|---|---|
| Issue date: | 09/17/2020 |
| From: | John Tappert NRC/NMSS/DREFS |
| To: | True D Nuclear Energy Institute |
| Dennis Andrukat 301-415-3561 | |
| References | |
| Download: ML20212L397 (3) | |
Text
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 September 17, 2020 Mr. Douglas True Senior Vice President and Chief Nuclear Officer Nuclear Energy Institute 1201 F Street, NW, Suite 1100 Washington, DC 20004
SUBJECT:
NUCLEAR ENERGY INSTITUTE CONCERNS WITH THE ALTERNATIVE PHYSICAL SECURITY REQUIREMENTS FOR ADVANCED REACTORS RULEMAKING
Dear Mr. True:
I am responding to your letter dated May 26, 2020, following up on comments provided by the Nuclear Energy Institute (NEI) and its members at an April 22, 2020, public meeting to discuss the preliminary proposed rule text for the Alternative Physical Security Requirements for Advanced Reactors Rulemaking. In your letter, you described your concerns with the preliminary proposed rule text presented during the April meeting. You expressed your view that for advanced reactor facilities that have incorporated a security-by-design concept, a dedicated armed response force is not needed to interdict and neutralize the design basis threat (DBT), and a more appropriate response would be to detect, assess, and notify law enforcement agencies of the threat. You further stated that, if facilities that are inherently able to protect against the DBT are also required to interdict and neutralize the DBT, then the final rule will not incentivize developers to incorporate security-by-design features.
The NRC staff has considered all the comments expressed by stakeholders during the April meeting, as well as the issues addressed in your subsequent letter. We have concluded that an alternate approach for meeting the requirements for interdiction and neutralization in 10 CFR 73.55(b)(3)(i) may be possible for advanced reactor facilities that have incorporated a security-by-design concept. Therefore, we have modified the preliminary proposed rule language to allow licensees that meet the proposed rules eligibility criteria to rely on law enforcement, rather than using licensee security personnel, to fulfill the interdiction and neutralization capabilities.
Licensees must also demonstrate that use of this alternative security requirement will not endanger public health and safety, taking into account radiological consequences and credible malicious acts. This approach would allow licensees to potentially have no armed responders onsite. The NRC staff has further determined that this approach is consistent with the intent of this rulemaking.
Modifying the preliminary proposed rule language as described would not relieve licensees from the responsibility to interdict and neutralize threats up to and including the DBT of radiological sabotage; rather it provides licensees with an alternative method of fulfilling these responsibilities. Utilizing law enforcement in this manner would not create any new
requirements on licensees related to law enforcement beyond the existing notification requirement in 10 CFR 73.55(k)(8)(iii). Additionally, this approach would not create any NRC regulatory jurisdiction over or requirements for law enforcement. It is the NRC staffs view that this approach addresses stakeholder concerns raised at the April public meeting and in NEIs subsequent letter.
The modified preliminary proposed rule language has been made publicly available as noticed in the Federal Register on September 14, 2020 (85 FR 56548). The NRC is not soliciting public comment on the modified language at this time. The public will have an opportunity to comment on the rule language upon issuance of the proposed rule.
If you have any questions about this matter please contact me or Dennis Andrukat at (301) 415-3561 or dennis.andrukat@nrc.gov.
Sincerely, Digitally signed by Kevin A.
Kevin A. Coyne Coyne Date: 2020.09.17 15:49:52 -04'00' John R. Tappert, Director Division of Rulemaking, Environmental, and Financial Support
ML20212L397 *via e-mail OFFICE NMSS/REFS/RRPB* NMSS/REFS/RRPB* NRR/DANU/UARP* NSIR/DPCP/RSB*
NAME DAndrukat IBerrios NVaillere (for ABowers JSegala)
DATE 7/29/2020 7/30/2020 7/30/2020 7/30/2020 OFFICE NSIR/DPCP* NRR/DANU* NMSS/REFS* OGC*
NAME RFelts MShams JTappert NSt.Amour DATE 7/30/2020 8/2/2020 8/5/2020 8/11/2020