ML20214P985

Responds to Transmitting Revised Physical Security Plan to Replace Plan B.Revised Plan Fails to Meet Intent of 10CFR73.40 & 73.50.Info Needs to Be Protected as Safeguards Info Per 10CFR73.21

ML20214P985
Person / Time
Site:	07000824
Issue date:	02/28/1986
From:	Brown W NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS)
To:	Olsen A BABCOCK & WILCOX CO.
References
NUDOCS 8609240128
Download: ML20214P985 (1)

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\,,,,./ FEBga 26 EDOR/afy47 SGMI:GEG 70-824 Babcock & Wilcox Cmpany ATIN: Mr. A. F. Olsen, Senior License Adninistrator P. O. Box 11165 Lynchburg, VA 24506-1165 Gentimen:

This is in response to your Septaber 30, 1985 letter which transmitted a revised Physical Security Plan to replace Plan B.

We have reviewed the revised Plan and find that it does not meet the intent of 10 CFR 73.40 and 73.50. These two sections of the regulations contain most of the requirments for the protection of fonnula quantities of strategic special nuclear material contained in irradiated material not at a nuclear reactor. Also, infonnation concerning the, protection of this material needs to be protected as Safeguards Infonnation as required by 10 CFR 73.21.

We have no objection to your use of the B&W, Naval Nuclear Fuel Division guard force members or any other guard force, provided they are qualified as required by the above regulations.

On February 6, 1986, in a telephone conversation with Mr. G. E. Gundersen, you requested that the 60 day residence time for irradiated reactor fuel assmblies at B&W be changed to 180 days. You may retain the material on site as long as you wish, provided the bulk quantities of it retain the speci-fled radiation levcis and an approved physical protection systm is in place.

We have detennined that the enclosure to your letter of Septaber 30, 1985, contains information of a type specified in 10 CFR 2.790(d) because it contains infonnation of a type specified in 10 CFR 73.67(f) . If the enclosure had infonnation of a type required by 10 CFR 73.50, we would have withheld it as Safeguards Infonnation under the provisions of 10 CFR 73.21. Accordingly, pursuant to Section 2.790(d) (1), such infonnation is demed to be ccmnercial or financial information within the maaning of 10 CFR 9.5(a) (4) and shall be subject to disclosure only in accordance with the provisions of 10 CFR 9.12.

Sincerely, M Willard B. Brown, Chief

/ Safeguards Material Licensing and International Activities Branch Division of Safeguards, NMSS l

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