ML20215N499
| ML20215N499 | |
| Person / Time | |
|---|---|
| Issue date: | 11/04/1986 |
| From: | Dwyer P NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| To: | NRC OFFICE OF ADMINISTRATION (ADM) |
| Shared Package | |
| ML20197J871 | List: |
| References | |
| FRN-49FR30726, RULE-PR-50, RULE-PR-73 AB17-2-01, AB17-2-1, NUDOCS 8611060131 | |
| Download: ML20215N499 (1) | |
Text
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.A UNITED STATES .
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MV4 1986 MEMORANDUM FOR:' Document Control Desk FROM: Priscilla A. Dwyer-Safeguards Reactor and Transportation Licensing Branch', NMSS
SUBJECT:
REGULATORY HISTORY-SEARCH REQUIREMENTS
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Please enter the enclosed documents into the Document Control System as the regulatory history for the subject rulemaking. Its designator is AB.17-2.
Also enclosed is a list of accession numbers for documents already in the Public Document Room which should be included under this designator.
l hf ral 4 Priscilla A. Dwyer Ny Safeguards Reactor and Transportation Licensing Branch, NMSS
Enclosures:
As stated
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8611060131 861104 PDR PR 73 49FR30726 PDR
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MAY 2 81986 MEMORANDUM TOR: Victor Stello, Jr.
Executive Director for Operations FROM: Robert B. Minogue, Director.
, Office of Nuclear Regulatory Research
SUBJECT:
COMTROL OF NRC RULEMAKING:. ANNUAL RES INDEPENDENT REVIEW OF ONG0ING RULEMAKING SPONSORED BY NMSS Based on our annual independent review of the ongoing NMSS-sponsored rulemakings listed below RES agrees with the recommendation of the Director, NMSS, that NRC should continue with these specific rulemakings.
- 1. Personnel Access Authorization Program (Parts 50, 73).
- 2. Searches of Individuals at Power Reactor Facilities (Part 73).
- 3. Miscellaneous Amendments Concerning Physical Protection of Nuclear Power Plants (Part 73).
These rulenakings constitute the " Insider Rule Package" that would amend Parts 50 and 73 to (1) establish requirements for the screening of individuals having unescorted access to nuclear power reactnrs, (2) clarify requirements for per-sonnel searches of individuals at nuclear power reactor protected area portals (pat-down search issue), and (3) revise miscellaneous safeguards- related requirements for access controls to nuclear power reactor vital areas.
In response to recommendations by the Director, NMSS, and independen* recomen--
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dations by the Director, RES, the ED0 approved continuation of the rulemakings in memorandums dated April 29, 1985; June 28,-1985;~and October 16, 1985. In addition on November 29,1985, the ED0 recommended that the Comission approve publication of the insider safeguards rules (SECY-85-381, Rulemaking Issue (Affirmation)).
Recent events that are the basis for our annual independent recommendation are as follows:
o SECY-85-381 has been under Commission consideration for voting and affirm-ation since November 29, 1985. NRC staff noted that no MN C.I R*-.
l MAY 2 81985 Victor Stello, Jr. 2 significant comments relating to the insider rule package were received and-recomended its publication in final form without change. With approval to proceed with this rulemaking, NRC staff can respond to Comission requirements in connection with SECY-85-381 as appropriate, o After an ACRS meeting with NRC staff and the Nucleer Utility Management and Human Resources Comittee on February 14, 1986, ACRS sent a letter to the Commission stating, "In our opinion, the in_dustry-proposed approach is to be preferred, at least on a trial basis, with option of following later with a rule in the event that should seem necessary." The NUMARC i initiative is industry oversight of a program based on a Comission policy statement endorsing some access authorization guidelines. With approval to proceed with this rulemaking, NRC staff can continue working with NUMARC personnel to refine industry guidelines, if the Commission decides to accept the industry initiative.
o By letter dated March 6,1986, OMB questioned the utility of portions of the insider rule package dealing with psychological assessments and behavioral observation and disapproved the infomation collection require-ments in those portions. With approval to proceed with this rulemaking, NRC staff can undertake appropriate procedures to obtain a Comission override of the OMB disapproved collection of information, if the Comis-sion decides to issue a final insider rule package and impose the infor-mation collection requirements.
In October 1985, NMSS/SG prepared for CRGR review a qualitative justification in response to 10 CFR 50.109, "Backfitting." The justification states the belief that, based on Commission research and analysis, expert opinion, and best available data, a decreased risk from insider reactor sabotage will result from adoption of the insider rule package and, hence, its promulgation will provide a substantial increase in the overall protection of the public health and safety.
1 An independent review of the status of this final insider rule package indicates that June 1986 for final action on the rule, as proposed by NMSS, is consistent with the goal of finalizing a rule within 2 years of its inception (these specific rulemakings were ongoing during June 1985 when the goal was estab-lished) and is dependent primarily upon the Commission's completing voting and affirmation of SECY-85-381.
The complete annual RES independent review package has been sent to OED0 (Attention: DEDR0GR) and to the Director, NMSS.
Robert B. Minogue, Director Office of Nuclear Regulatory Research i
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ANNUAL OFFICE REVIEW PACKAGE RECEIVED FROM NMSS (WITHOUT ENCLOSURES TO SECY-85-381) l l
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