ML20246M451
| ML20246M451 | |
| Person / Time | |
|---|---|
| Issue date: | 07/31/1989 |
| From: | Taylor J NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| To: | |
| References | |
| FRN-53FR33570, FRN-54FR33570, RULE-PR-70, RULE-PR-72, RULE-PR-73, RULE-PR-75 PR-890731, NUDOCS 8909070165 | |
| Download: ML20246M451 (25) | |
Text
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Original sent 0910
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s Office of the FodenilW for publica600 DOCKETNUMBER PR ##33 95 mane PROPOSED RULE-c umc
-(Gij ff 33520b 89 m 30 g*n QS NUCLEAR REGULATORY COMMISSION 10 CFR PARTS 70, 72, 73, and 75 RIN:
3150-AD03 Minor Amendments to the Physical Protection Requirements AGENCY:
Nuclear Regulatory Com.ission.
' ACTION:
Proposed rule.
SUMMARY
The Nuclear Regulatory Commission (NRC) is proposing to amend its regulations that cover the physical protection of special nuclear material.
These amendments will:
(1) add definitions for common terms not currently defined but frequently used, (2) make the definitions sections easier to use by arranging the terms in alphabetical order, (3) delete action dates that no longer apply, (4) correct outdated terms and cross references, (5) clarify wording that is susceptible to differing interpretations, (6) correct typographical strors, and (7) make other minor changes. The proposed amendments are necessary to reflect the results of a systematic review of NRC's safeguards regulations.
DATE:
Comments must be received un or before (45 days after publication). Comments received after this date will be considered if it is practical to do so, but only those comments received on or before this date can be assured of consideration.
ADDRESSES:
Comments or suggestions regarding the proposed amendments should be sent to the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20555, Attention: Docketing and
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' Service Branch.
Copies of comments received will be available in the NRC Public Document Room at 2120 L Street NW., Washington, DC 20555.
FOR FURTHER INFORMATION CONTACT:
Dr. Stanley L. Dolins, Division of Regulat'ory Applications, Office of Nuclear Regulatory Research, U.S.
Nuclear Regulatory Commission, Washington, DC 20555, Telephone (301) 492-3745 and Prisciila Dwyer, Domestic Safeguards and Regional Oversight Branch, Division of Safeguards and Transportation, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555, Telephone (301) 492-0478.
SUPPLEMENTARY INFORMATION:
The Safeguards Interoffice Review Group at the NRC has been conduc-ting a systematic review of the agency's safeguards regulations and guidance documents. This review has identified areas in.the regulations that are out of date, inconsistent within the regulation or between related regulations, susceptible to differing interpretations, and in need of other changes.
In addition, the staff has identified other areas in the regulations where minor changes are warranted.
In response to these efforts, the NRC is proposing specific amendments to the regula-tions in the way of minor corrections and changes.
The proposed changes are summarized here with a brief discussion.
(1) Paragraphs (b), (c), and (d) of 10 CFR 73.40 substantively are being moved to Appendix C to 10 CFR Part 73 and combined with the plan specifications already there.
A requirement for having a safeguards contingency plan is also included in the specific security requirements section for each class of affected licensees.
(2) The commonly used terms Category I, Category II, and Category III, as qualified, are added for reference purposes to existing definitions in the definitions sections of 10 CFR Parts 70 and 73.
Category I quantity of material, if unirradiated, is equivalent to a formula quantity; Category 11 quantity of material, if unirradiated, is equivalent to special nuclear material of moderate strategic significance; and Category III quantity of material, if unirradiated, is 2
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[7590-012 equivalent to special nuclear material cf low strategic significance. In the current regulations, the terms are included in the regulations without category designations. However, the category designations ~are -
frequenntly used, particularly inl international safeguards, and appear in
~.
some.NRC documents because they save, time and space. To avoid possible confusion, references to these shorter terms are being added to the definitions.
(3) The definitions in 10 CFR Part 70 are alphabetized without paragraph designation.
Locating a specific term will be easier with alphabetized defini-tions. When new terms are added, they will be placed in the proper alphabetical order. Because the paragraph designations are removed, other parts of the regulations are modified to eliminate any reference to a specific nrmbered paragraph in the definitions section.
-(a) The general requirements for auditing the safeguards contin-9ency plans and the physical security programs of Category I transporta-tion and fuel cycle licensees are made compatible.
The record retention period for results of the ardits is made con-sistent at three years in both cases. The content and resulting action on audited findings is also made censistent. At this same time, the general requirements for auditing the safeguards contingency plans (10 CFR 73.t.0(b), (c) and (d)) are being moved to Appendix C to 10 CFR Part 73 and combined with the plan specifications already there. A requirement for having a safeguards contingency plan is also included in the specific security requirements section for each class of affected licensees.
(5) An inadvertently omitted provision that addresses access to vital areas at power reactors is being reinserted into the regulation.
The restoration of the requirement in 10 CFR 73.55(d)(7) is being proposed to insure no erroneous views are held by licensees that the deletion of the sentence vas a " signal" that vital areas could be " opened up" to "public sightseeing tours" or "open house visits" without close licensee oversight. This language is already reflected in most licensees security plans and it was intact in 10 CFR Part 73 in 1980 (and for a number of years preceding 1986). Correcting this inadvertent 3
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t omitsien does not signal any change in Commission policy on past practices in this regard. Licensees are assigned the responsibility for making final vital area access decisions in accord with the past practices and provisions under the approved security plans.
- 6) The remainder of the proposed changes are of a very minor nature, j
A definition for the term " contiguous sites" is added to 10 CFR Parts 70 and 73. Action dates that have passed are eliminated. Use of the i
outdated term " industrial sabotage" is changed to the current term
" radiological sabotage." References to parts of the regulations that have been moved or deleted are corrected. Several areas in the regula-tions are clarified where the wording was susceptible to differing inter-pretations. The notification requirement for changes to the safeguards contingency plan that do not decrease the plan's effectiveness is being revised to require that the original be sent to the !!RC headquarters j
office with a copy to the regional office instead of vice versa.
l Finally, typographical errors are corrected.
l Environmental Impact: Categorical Exclusion
)
The itRC has determined that this proposed regulation is the type of action described in categorical exclusion in 10 CFR 51.22(c)(2).
1 Therefore, neither an environmental impact statement nor an environmental assessment has been prepared for this proposed regulation.
Paperwork Reduction Act Statement l
This proposed rule does not contain a new or amended information I
collection requirement subject to the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.). Existing requirements were approved under the f
Office of Managenent and Budget approval number 3150-0 @ 9 for Part 70, approval number 3150-0132 for Part 72, approval number 3150-0002 for Part 73, and approval nur6er 3150-0055 for Part 75.
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Regulatory Analysis I
With the uception of the proposed amendment to 10 CFR 73.55(d)(7),
these minor amendments impose no new restrictions or requirements, and therefore, have no significant impact. Accordingly, a regulatory analysis is not considered necessary.
As required by the Regulatory Flexibility Act of 1980 ( 5 U.S.C.
605(b)), the Commission certifies that this rule, if adopted, will not have a significant economic impact on a substantial number of small entities. The amendments being proposed are very minor in nature and care has been taken to ensure that the impact on any licensee is minimal.
In the matter of reporting certain changes to the security program, the amendments merely reverse who receives the original and who receives the copy. The other changes are of an administrative nature and therefore do not alter the current implementation of the regulations by a licensee.
Backfit Analysis The NRC has determined that the backfit rufe, 10 CFR 50.109, does not apply to this proposed rule with the possible exception of the amendment to 10 CFR 73.55(d)(7).
Here we are addressing the material and relevant parts of 10 CFR 50.109 to ensure that there are no particular questions raised by the reinsertion of the inadvertently omitted language.
A backfit analysis is not required for these minor amendments l
because they do not involve any provisions that would impose backfits as l.
defined in 10 CFR 50.109(a)(1). The following analysis is in support of the amendment to 10 CFR 73.55(d)(7).
1.
Statement of the specific objectives that the proposed backfit is designed to achieve.
The proposed amendment to 10 CFR 73.55(d)(7) would restore a sentence that had been inadvertently dropped when the regulations were I
amended August 4, 1986 (51 FR 27817).
The restored provision would 5
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fa r at n and h
i nonwork-related activities except for good cause.
2.
Ger.eral description of the activity that would be required by the licensee or applicant in order to complete the backfit.
The proposed requirement was codified in 10 CFR 73.55(d)(7) until September 3, 1986. Therefore most nuclear power plant licensees' current approved security plans and implementing procedures already meet the requirements. However, reinstatement of the requirement could, in concept, affect licensees whose security plans were or will be o nroved after September 3, 1986, and licensees who subsequently char.ged their approved security plans and implementing procedures to relax controls on access to vital areas. Affected licensees potentially may be required to reinstate procedural controls that limit rue >rk-relsted access to vital areas.
3.
Potential change in the risk to the public from the accidental off-site release of radioactive material.
Vital areas of nuclear power plants contain equipment, systems, devices or material, the failure, destruction, or release of which could directly or indirectly endanger the public health and safety by exposure to radiation. Therefore, by limiting nonwork-related access to vital areas, licensees reduce the potential risk to the public from the accidental off-site release of radioactive material.
4.
Potential impact on radiological exposure of facility employees.
By limiting nonwork-related access to vital areas of nuclear power plants, licensees also reduce the potential risk to facility employees from accidental radiological exposure.
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5.
Installation and continuing costs associated with the backfit, including the cost of facility downtime or the cost of construction i
delay.
The proposed amendment to 10 CFR 73.55(d)(7) would reinstate a procedural requirement that licensees limit nonwork-related access to vital areas of nuclear power plants.
There are no installation or continuing costs associated with this requirement.
6.
The potential safety impact of changes in plant or operational complexity including the the relationship to proposed and existing regulatory requirements.
The proposed amendment to 10 CFR 73.55(d)(7) does not alter the plant or operational complexity.
It does not involve a reduction in a margin of safety since neither plant design nor reactor operating procedures are changed.
In addition, it does not alter any safety related design basis of the facility.
Therefore, the proposed amendment neither creates the possibility of a new or different kind of accident nor does it involve an increase in the probability or consequence of an accident previously evaluated.
7.
The estimated resource burden on the NRC associated with the proposed backfit and the availability of such resources.
The proposed amendment has no significant resource implications for the NRC.
8.
The potential impact of differences in facility __ type, design or age on the relevancy and practicality of the proposed backfit.
The proposed amendment is uniformly relevant and applicable to all licensed nuclear power plants without regard to type, design or age.
9.
Whether the proposed backfit is interim or final and, if interim, the justification for imposing the proposed backfit on an interim basis.
The proposed backfit is final.
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4 List of-Subjects in 10 CFR Parts 70, 72, 73 and 75:
Part 70 - Hazardous materials - transportation, Nuclest materials, Packaging and containers, Penalty, Radiation protection, Reporting and recordk'eeping requirements, Scientific equipment, Security measures, Special nuclear material.
Part 72 - Manpower training prcgrams, Nuclear materials, Occupational safety and health, Reporting and recordkeeping requirements, Security measures, Spent fuel.
Part 73 - Hazardous materials - transportatica, Incorporation by reference, Nuclear materials, Nuclear power plants and reactors, Penalty, Reporting and recordkeeping requirements, Security measures.
Part 75 -Intergovernmental relations, Nuclear materials, Nuclear power plants and reactors, Penalty, Reporting and recordkeeping requirements, Security measures.
For the reasons set out in the preamble and under the authority of the Atomic Energy Act of 1954, as amended, the Energy Reorganization Act of 1974, as amended, and 5 U.S.C. 552 and 553, the NRC is proposing to adopt the following amendments to 10 CFR Parts 70, 72, 73, and 75.
PART 70 -- DOMESTIC LICENSING OF SPECIAL NUCLEAR MATERIAL 1.
The authority citation for Part 70 continues to read as follows:
Authority:
Secs. 51, 53, 161, 182, 183, 68 Stat. 929, 930, 948, 953, 954, as amended, sec. 234, 83 Stat. 444, as amended (42 U.S.C. 2071, 2073, 2201, 2232, 2282); secs. 201, as amended, 202, 204, 206, 88 Stat.
1242, as amended, 1244, 1245, 1246 (42 U.S.C. 5841, 5842, 5845, 5846).
Se:tions 70.1 (c) and 70.20a (b) also issued under secs. 135, 141, Pub. L.97-425, 96 Stat. 2232, 2241 (42 U.S.C. 10155, 10161). Section 70.7 also issued under Pub. L.95-601, sec. 10, 92 Stat. 2951 (42 U.S.C.
5851).
Section 70.21(g) also issued under sec.122, 68 Stat. 939 (42 8
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U.S.C. 2152).
Section 70.31 also issued under sec. 57d, Pub. L.93-377, 88 Stat. 475 (42 U.S.C. 2077).
Sections 70.36 and 70.44 also issued,
i under sec. 184, 68 Stat. 954, as amended (42 U.S.C. 2234).
Section 70.61 also issued under secs. 186, 187, 68 Stat. 955 (42 U.S.C. 2236, 2237).
Section'70.62 also issued under sec. 108, 68 Stat. 939, as amended (42 U.S.C. 2138).
For the purposes of sec. 223, 68 Stat. 958, as amended (42 U.S.C.
2273); SS 70.3, 70.19(c), 70.21(c), 70.22(a), (b), (d)-(k), 70.24 (a) and (b), 70.32(a)(3),(5),(6),(d), and (1), 70.36, 70.39 (b) and (c),
70.41(a), 70.42 (a) and (c), 70.56, 70.57 (b), (c), and (d), 70.58 (a)-(g)(3), and (h)-(j) are issued under sec. 161b, 68 Stat. 948, as amended (42 U.S.C. 2201(b)); SS 70.7, 70.20a (a) and (d), 70.20b (c) and (e), 70.21(c), 70.24(b), 70.32 (a)(6), (c), (d), (e), and (g), 70.36, 70.51 (c)-(g), 70.56, 70.57 (b) and (d), and 70.58 (a)-(g)(3) and (h)-(j) are issued under sec. 1611, 68 Stat. 949, as amended (42 U.S.C. 2201(i));
and SS 70.5, 70.9, 70.20b (d) and (e), 70.38, 70.51 (b) and (1), 70.52, 70.53, 70.54, 70.55, 70.58 (g)(4), (k) and (1), 70.59, and 70.60 (b) and (c) are issued under sec. 1610, 68 Stat. 950, as amended (42 U.S.C.
2201(o)).
2.
Section 70.4 is amended by removing afl alphabetical designators and arranging all definitions into alphabetical sequence, adding a definition for " Contiguous sites" in proper alphabetical sequence, and revising the definition of " formula quantity," paragraph (2) of the definition " plutonium processing and fuel fabrication plant,"
the introductory text of the definition "special nuclear material of moderate strategic significance," and the introductory text and paragraph (1) of the definition "special nuclear material of low strategic significance" to read as follows:
6 70.4 Definitions.
m a
a a
a
" Contiguous sites" means locations, in close proximity to each other, for the passession, use, or storage of special nuclear material where the same licensee or contractor security measures and/or organizational elements, including the alarm station and response 9
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a
" Formula quantity" (in unirradiated form this class of material is sometin$s referred to as a Category I quantity of material) means strategic special nuclear material in any combination in a quantity of 5000 grams or more computed by the formula, grams = (grams contained U.2ss) + 2.5 (grams U 288 + grams plutonium).
a
" Plutonium processing and fuel fabrication plant"***
(2) research and development activities involving any of the opera-tions described in paragraph (1) of this definition except for research and development activities utilizing unsubstantial amounts of plutonium.
A R
A A
"Special n. clear material of low strategic significance" (in unirradiated form this class of material is sometimes referred to as a Category III quantity of material) means:
(1) Less than an amount of special nuclear material of moderate strategic significance, as defined in this section, but more than 15 grams of uranium-235 (contained in uranium enriched to 20 percent or more in the U-235 isotope) or 15 grams of uranium-233 or 15 grams of plutonium or the combination of 15 grams when computed by the equation, grams =
(grams contained U-235) + (grams plutonium) + (grams U-233), or R
A A
R R
"Special nuclear material of moderate strategic significance" (in unitradiated form this class of material is sometimes referred to as a Category II quantity of material) means:
a a
3.
In $70.19, paragraph (a)(2) is revised to read as follows:
670.19 General license for calibration or reference sources.
l I
(a) ***
(2) Any Government agency, as defined in S70.4, which holds a specific license issued by the Commission or the Atomic Energy Commission 10
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which authorizes it to receive, possess, use and transfer byproduct material, sourca naterial, or special nuclear _ material; and i
a
(
a 4.
In $70.22, paragraphs (h)(1), and (k) are revised to read as follows:
6 70.22 Contents of applications.
A A
A R
R (h)(1) Each application for a license to possess or use at any site or contiguous sites subject to control by the licensee a formula quantity of strategic special nuclear material as defined under $70.4, other than a license for possess ^on or use sf this material in the operation of a nuclear reactor licensed pursuant to Part 50 of this chapter, must include a physical security plan, consisting of two parts.
Part I must address vital equipment, vital at eas, and isolation zones, and must demonstrate how the applicant plans to meet the requirements of SS 73.20, 73.40, 73.45, 73.46, 73.50, 73.70, and 73.71 of this chapter in the conduct of the activity to be licensed, including the identification and description of jobs as required by S 11.11(a) of this chapter.
Part 11 must list tests, inspections, and other means to demonstrate compliance with such requirements.
A A
A A
-2 (k) Each application for a license to possess or use at any site or contiguous sites subject to control by the licensee special nuclear mate-rial of moderate strategic significance or 10 kg or more of special nuclear material of low strategic significance as defined under S 70.4 other than a license for possession or use of this material in the operation of a nuclear power reactor licensed pursuant to Part 50 of this chapter, must include a physical security plan that demonstrates how the applicant plans to meet the requirements of 6 73.67(d), (e), (f), and (g), as appropriate, of Part 73 of this chapter. The licensee shall retain a copy of this physical security plan as a record for the period during which the licensee possesses the appropriate type and quantity of special nuclear material requiring this record under each license and each change to the plan for three years after the change.
R A
A A
b:
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5.
In S 70.32, paragraph (c)(3) is removed and paragraph (g) is revised to read at follows:
S J0.32 Conditions of licenses.
A A
R R
R (g) The licensee shall prepare and maintain safeguards contingency plan procedures in accordance with Appendix C to Part 73 of this chapter for effecting the actions and decisions contained in the Responsibility Matrix of its safeguards contingency plan. The licensee shall retain a copy of the safeguards contingency plan procedures as a record for the perioo during which the licensee possesses the appropriate type and quantity of special nuclear material requiring this record under each license for which the procedures were developed and each change to the plan for three years from the effective date of the change. The ifcensee may not make a change that would decrease the safeguards effectiveness of the first four categories of information (Background, Generic Planning Base, Licensee Planning Base, and Responsibility Hatrix) contained in any licensee safeguards contingency plan prepared pursuant to SS 70.22(g),
70.22(j), 72.184, 73.20(c), 73.26(e)(1), 73.46(h)(1), or 73.50(g)(1) of this chapter without the prior approval of the Commission.
A licensee desiring to make such a change shall submit an application for an amendment to its license pursuant to S 70.34.
The licensee may make changes to the licensee safeguards contingency plan without prior Commission approval if the changes do not decrease the safeguardt effectiveness of the plan. The licensee shall maintain each change to the plan made without prior approval as a record during the period for which possession of a formula quantity of special nuclear material is authorized under a license and retain the superseded material for three years from the effective date of the change and shall furnish a report containisag a description of each change within 60 days af ter the change is made to the Director of Nuclear Material Safety and Safeguards, with a copy to the Regional Administrator of the appropriate NRC Regional Office as specified in Appendix A to Part 73 of this chapter.
a a
a a
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PART 72 -- LICENSING REQUIREMENTS FOR THE INDEPENDENT STORAGE OF SPENT NUCLEAR FUEL AND HIGH-LEVEL RADIOACTIVE WASTE 6.
The authority citation for Part 72 continues to read as follows:
Authority:
Sees.
51, 53, 57, 62, 63, 65, 69, 81, 161, 182, 183, 184, 186, 187, 189, 68 Stat.
929, 930, 932, 933, 934, 935, 948, 953, 954, 955, as amended, sec. 234, 83 Stat. 444, as amended (42 U.S.C. 2071, 2073, 2077, 2092, 2093, 2095, 2099, 2111, 2201, 2232, 2234, 2236, 2237, 2238, 2282); sec. 274, Pub. L.86-373, 73 Stat. 688, as amended (42 U.S.C. 2021); sec. 201, as amended, 202, 206, 88 Stat. 1242, as amended, 1244, 1246 (42 U.S.C. 5841, 5842, 5846); Pub. L.95-601, sec. 10, 92 Stat. 2951 (42 U.S.C. 5851); sec. 102, Pub. L.91-190, 83 Stat. 853 (42 U.S.C. 4332); secs. 131, 132, 133, 135, 127, 141, Pub. L.97-425, 96 Stat. 2229, 2230, 2232, 2241, sec. 148, Pub. L. 100-203, 101 Stat.
1330-235 (42 U.S.C. 10151, 10152, 10153, 10155, 10157, 10161, 10168).
Section 72.44(g) also issued under secs. 142(b) and 148(c), (d),
Pub. L. 100-203, 101 Stat. 1330-232, 1330-236 (42 U.S.C. 10162(b),
10168(c),(d)).
Section 72.46 also issued under sec. 189, 68, Stat. 955 (42 U.S.C. 2239); sec. 134, Pub. L.97-425, 96 Stat. 2230 (42 U.S.C.
10154).
Section 72.96(d) also issued under sec. 145(g), Pub. L. 100-203, 101 Stat. 1330-235 (42 U.S.C. 10165(g)).
Subpart J also issued under secs. 2(2), 2(15), 2(19), 117(a), 141(h), Pub. L.97-425, 96 Stat. 2202, 2203, 2204, 2222, 2244, (42 U.S.C. 10101, 10137(a), 10161(h)).
For the purposes of sec. 223, 68 Stat. 958, as amended (42 U.S.C.
2273); SS 72.6, 72.22, 72.24, 72.26, 72.28(d), 72.30, 72.32, 72.44(a),
(b)(1), (4), (5), (c), (d)(1), (2), (e), (f), 72.48(a), 72.50(a),
72.52(b), 72.72(b), (c), 72.74(a), (b), 72.76, 72.78, 72.104, 72.106, 72.120,72.122,72.124,72.126,72.128,72.130,72.140(b),(c),72.148, 72.154, 72.156, 72.160, 72.166, 72.168, 72.170, 72.172, 72.176, 72.180, 72.184, 72.186, are issued under sec. 161b, 68 Stat. 948, as amended (42 U.S.C. 2261(b)); SS 72.10(a), (e), 72.22, 72.24, 72.26, 72.28, 72.30, 72.32, 72.44,(a),(b)(1), (4), (5), (c), (d)(1),(2),(e), (f), 72.48(a),
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1 72.50(a),72.52(b),7?.90(a)-(d),(f),72.92,72.94,72.98,72.100, 72.102(c),(d),(f),72.104,72.106,72.120,72.122,72.124,72.126, 72.128, 72.130, 72.140(b), (c), 72.142, 72.144, 72.146, 72.148, 72.150, 72.152, 72.154,.72.156, '. 158, 72.160, 72.162, 72.164, 72.166, 72.168, 72.170, 72.172, 72.176, 72.180, 72.182, 72.184, 72.186, 72.190, 72.192, 72.194 are issued under sec. 1611, 63 Stat. 949, as amended (42 U.S.C.
2201(i)); and SS 72.10(e), 72.11, 72.16, 72.22, 72.24, 72.26, 72.28, 72.30,72.32,72.44(b)(3),(c)(5),(d)(3),(e),(f),72.48(b),(c),
72.50(b),72.54(a),(b),(c),72.56,72.70,72.72,72.74(a),(b),
72.76(a), 72.78(a), 72.80, 72.82, 72.92(b), 72.94(b), 72.140 (b), (c),
(d), 72.144(a), 72.146, 72.148, 72.150, 72.152, 72.154 (a), (b), 72.156, 72.160, 72.162, 72.168, 72.170, 72.172, 72.174, 72.176, 72.180, 72.184, 72.186, 72.192 are issued under sec. 161o, 68 Stat. 950, as amended (42 U.S.C. 2201(o)).
7.
In S 72.184, paragraph (a) is revised to read as follows:
S 72.184 Safeguards contingency plan.
(a) The requirements of the licensee's safeguards contingency plan for dealing with threats and radiological sabotage must be as defined in Appendix C to Part 73 of this chapter.
This plan must include Background, Generic Planning Base, Licensee Planning Base, and Responsibility Matrix, the first four categories of information relating to nuclear facilities licensed under Part 50 of this chapter.
(The fifth category of information, Procedures, does not have to be submitted for approval.)
A A
A A
PAh. 73 -- PHYSICAL PROTECTION OF PLANTS AND MATERIALS
- 8. The authority citation for Part 73 continues to read as follows:
l Authority:
Secs. 53, 161, 68 Stat. 930, 948, as amended, sec. 147, L
94 Stat. 780 (42 U.S.C. 2073, 2167, 2201); secs. 201 as amended 204, 88 Stat. 1242, as amended, 1245 (42 U.S.C. 5841, 5844).
Section 73.1 also issued under secs. 135, 141, Pub. L.97-425, 96 Stat. 2232, 2241, (42 U.S.C. 10155, 10161).
Section 73.37(f) also issued 14 L
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E under_sec. 301, Pub. L.96-295, 94 Stat. 789 (42 U.S.C. 5841 note).
Section 73.57 is issued under sec. 606, Pub. L.99-399, 100 Stat. 876 (42 U.S.C. 2169).
For the purposes of sec. 223, 68 Stat. 958, as amended (42 U.S.C.
2273);lE6 73.21, 73.37(g), and 73.55 are issued under sec. 161b, 68 Stat.
948, as amended (42 U.S.C. 2201(b)); $$ 73.20, 73.24, 73.25, 73.26, 73.27, 73.37, 73.40, 73.45, 73.46, 73.50, 73.55, and 73.67 are issued under sec. 1611, 68 Stat. 949, as amended (42 U.S.C. 2201(i)); and $$
73.20(c)(1), 73.24(b)(1), 73.26(b)(3), (h)(6), and (k)(4), 73.27(a) and (b), 73.37(f), 73.40(b) and (d), 73.46(g)(6) and (h)(2), 73.50(g)(2),
(3)(iii)(B), and (h), 73.55(h)(2) and (4)(iii)(B), 73.57, 73.70, 73.71, and 73.72 are issued under sec. 1610, 68 Stat. 950, as amended (42 U.S.C.
2201(o)).
- 9. Section 73.2 is amended by revising the definition of " Formula quantity," the introductory text of the definition "Special nuclear material of low strategic significance," and the introductory text of the definition "Special nuclear material of moderate strategic significance,"
and adding a definition for " Contiguous sites" in proper alphabetical sequence to read as follows:
S 73.2 Definitions.
A A
A A
A
" Contiguous sites" means locations, in close proximity to each other, for the possession, use, or storage of special nuclear material where the same licensee or contractor security measures and/or organizational elements, including the alarm station and response personnel, are used to provide the capabilities necessary to satisfy the applicable security requirements.
A A
A A
A "Fermula quantity" (in unirradiated form this class of material is sometimes referred to as a Category I quantity of material) means strategic special nuclear material in any combination in a quantity of 5000 grams or more computed by the formula, grams = (grams contained 0 23s) + 2.5 (grams U.233 + grams plutonium).
A A
A A
A I
15 I
[7590-01) g "Special nuclear material of' low strategic significance" (in unirradiated form this class of material is sometimes referred to as a Category III ' quantity of mater.ial) means:
'A A
A.
"S'pecial nuclear material of moderate strategic significance" (in unirradiated form this class of material is sometimes referred to as a Category II quantity'of material) means:
A R
R.
R R
- 10. In 6 73.20 paragraph (b)(3) is redesignated as paragraph (b)(4), a new paragraph (b)(3) is added and paragraphs (b)(2) and (c) are revised to read as follows:
5 73.20 General performance objective and requirements.
a a
(b)
(2) Is designed with sufficient redundancy and diversity to assure maintenance of.the capabilities described,in SS 73.25 and 73.45; (3) Includes a safeguards contingency capability that can meet the criteria in Appendix C, " Licensee Safeguards Contingency Plans" to this part; and (c) Each licensee subject to the requirements of paragraphs (a) and (b) of this section shall establish, maintain and' follow NRC-approved safeguards physical protection and safeguards contingency plans that describe how the licensee will comply with the requirements of para-graphs (a) and (b) of this section.
11.
In f 73.26, paragraph (h)(6) is revised to read as follows:
6 73.26 Transportation physical protection systems, subsystems, 1
components, and procedures.
A A
A R
R (h) Test and Maintenance Programs (6) The transportation security program must be reviewed at least every 12 months and prior to each use by individuals independent of both security program management and personnel who have direct responsibility i
16 4
[7590-01]
u,..
for implementation of the security program. -The review must include a review and aud.L of security procedures and practices, evaluation of the effectiveness of the physical protection system,_ an audit of the physical protection system testing and maintenance-program,'and an audit of commitments established for response by local law enforcement authorities. The results of the review and the audit along with recommendations. for improvements and corrections must be documented,.
reported to the responsible organization management, and kept available for inspection for a period of three years.
R R
A A
$73.40 [ Amended)
- 12. In S 73.40, paragraphs (b), (c), and (d) are removed.
- 13. In S 73.46, paragraphs (g)(6) and (h)(1) are revised to read as follows:
6 73.46 Fixed site physical protection systems, subsystems, components, and procedures, a
a a
a (g) Test and Maintenance Programs (6)- The security program must be reviewed at least every 12 months by individuals independent of both security program management and personnel who have direct responsibility for implementation of the security program.
The review must include a review and audit of security procedures and practices, evaluation of the effectiveness of the physical protection system, an audit of the physical protection system testing and maintenance program, and an audit of commitments established for response by local law enforcement authorities. The results of the review, audit, and evaluation along with recommendations for improvements and corrections if any, must be documented and reported to the licensee's plant management and to corporate management at least one level higher than that having responsibility for the day-to-day plant operations.
The reports must be kept available at the plant for inspection for a period of three years.
17
[7590-01]
(h) Contingency and response plans and procedures.
i (1)- The licensee shall establish, maintain, and follow a safeguards contingency plan for dealing with threats, thefts, and radiological sabotagc related to the strategic special nuclear material and nuclear facilities subject,to the provisions of this section.
Safeguards contingency plans must be in accordance with the criteria in Appendix C,
" Licensee Safeguards Contingency Plans" to this part.
Contingency plans must include, but not be limited to, the response requirements in para-graphs (h)(2) through (h)(5) of this section. The licensee shall retain a copy of the current safeguards contingency plan as a > cord until the Commission terminates the license and, if any portion of the plan is superseded, retain the superseded material for three years after each change.
- 14. In S 73.50, paragraphs (g)(1) and (h) are revised to read as folluws:
S 73.50 Requirements for physical protection of licensed activities.
a a
(g) Response requirement.
(1) The licensee shall establish, maintain, and follow a safeguards contingency plan for dealing with threats, thefts, and radiological sabotage related to the special nuclear material and nuclear facilities subject to the provisions of this section.
Safeguards contingency plans must be in accordance with the criteria in Appendix C, " Licensee Safeguards Contingency Plans," to this part.
The licensee shall retain a copy of the current safeguards contingency plan and each change to the plan as a record until the Commission terminates the license and, if any portion of the plan is superseded, retain the superseded material for three years after each change.
R A
(h) Each licensee shall establish, maintain, and follow an NRC approved training and qualifications plan outlining the processes by which guards, watchmen, armed response persons, and other members of the security organization will be selected, trained, equipped, tested, and 18
[7590-01]
qualified to ensure that these. individuals meet the requirements of l
. paragraph (a)(4) of this section.
- 15. In.S 73.55, paragraphs (b)(4)(ii), (d)(7)(i) introductory text, (g)(4),,and (h)(1) are revised to read as follows:
S 73.55 Requirements for physical protection of licensed activities in nuclear power reactors against radiological sabotage.
(b)***
(4)***
(ii) Each licensee shall establish, maintain, and follow an NRC-approved training and qualifications plan outlining the processes by which guards, watchmen, armed response persons, and other members of the security organization will be selected, trained, equipped, tested, and qualified to ensure that these individuals meet the requirements of this paragraph.
The licensee shall maintain a current copy of the training and qualifications plan as a record until the Commission terminates the license for which the plan was developed and, if any portion of the plan is superseded, retain the material that is superseded for three years after each change. The training and qualifications plan must include a schedule to show how all security personnel will be qualified two years after the submitted plan is approved. The training and qualifications plan must be followed by the licensee 60 days after the submitted plan is approved by the NRC.
(d)
(7)
(i) Establish an access authorization system to limit unescorted access to vital areas during nonemergency conditions to individuals who require access in order to perform their duties.
Access to vital areas for the purpose of general familiarization and other nonwork-related activities shall not be authorized except for good cause shown to the licensee. To achieve this the licensee must:
(g) 19
[7590-01]
(4) The security program must be reviewed at least every 12 months by individuals independent of both security program management and personnel who have direct responsibility for implementation of the secu-rity program.
The review must include a review and audit of security procedu'res and practices, evaluation of the effectiveness of the physical protection system, an audit of the physical protection system testing and maintenance progrsm., and an audit of commitments established for response by local law enforcement authorities.
The results of the review audit and evaluation along with recommendations for improvements and corrections, if any, must be documented and reported to the licensee's plant management and to corporate management at least one level higher than that having responsibility for the day-to-day plant operation. The reports must be kept available at the plant for inspection for a period of three years.
(h) Response requirement.
(1) The licensee shall establish, maintain, and follow a safeguards contingency plan for dealing with threats, thefts, and radiological sabotage related to the nuclear facilities subject to the provisions of this section.
Safeguards contingency plans must be in accordance with the criteria in Appendix C. " Licensee Safeguards Contingency Plans," to this part.
- 16. In S 73.60, the introductory paragraph and paragraph (e) are revised to read as follows:
6 73.60 Additional requirements for the physical protection of special nuclear material at nonpower reactors.
Each nonpower reactor licensee who, pursuant to the requirements of Part 50 possesses at any site or contiguous sites subject to control by the licensee uranium-235 (contained in uranium enriched to 20 percent or.
more in the U-235 isotope), uranium-233, or plutonium alone or in any combination in a quantity of 5,000 grams or more computed by the formula, grams = (grams contained in U-235) + 2.5 (grams U-233 + grams plutonium) shall protect the special nuclear material from theft or diversion pursuant to the requirements of 6 73.67(a), (b), (c), and (d) and as follows, except that a licensee is exempt from the requirements of 20
_ ~ _ - _ -. _. - - _. - _
[7590-01]
paragraphs (a), (b), (c), (d), and (e) of this section to the extent that it possesses or uses special nuclear material which is not readily separable from other radioactive material and which has a total external radiati,on dose rate in excess of 100 rems per hour at a distance of three feet from any accessible surface without intervening shielding.
(e) Response requirement.
Each licensee shall establish, maintain and follow an NRC-approved safeguards contingency plan for dealing with threats, thefts, and radiological sabotage related to the special nuclear material and nuclear facilities subject to the provisions of this section.
Safeguards contingency plans must be in accordance with the criteria in Appendix C " Licensee Safeguards Contingency Plans," to this part.
- 17. In S 73.67, the introductory text of paragraphs (c), (d), and (f) and paragraph (c) (2) are revised to read as follows:
6 73.67 Licensee fixed site and in-transit requirements for the physical protection of special nuclear material of moderate and low strategic significance.
~
n n
n n
n (c) Each licensee who possesses, uses, transports or who delivers to a carrier for transport special nuclear material of moderate strategic significance or 10 kg or more of special nuclear material of low strategic significance shall:
R A
A A
A (2) Within 30 days after the plan (s) submitted pursuant to paragraph (c)(1) of this section is approved or when specified by the NRC in writing, implement the approved security plan.
(d) Fixed site requirements for special nuclear material of moderate strategic significance.
Each licensee who possesses, stores, or uses quantities and types of special nuclear material of moderate strategic significance at a site or contiguous sites, except those who are licensed to operate a nuclear power reactor pursuant to Part 50 or except as allowed by paragraph (b)(2) of this section shall:
A R
A A
21
..-_-.-..._____.._-._-_-_..----_----.__--Q
[7590-01) h.j.
~,
(f) Fixed site requirements for special nuclear material of low:
. strategic significance.
Each licensee who possesses, stores, or.uses r
special nuclear material of low strategic significance at a fixed site or contiguous sites, except those who are licensed to operate a nuclear
, power reactor pursuant to Part 50, shall:
A A
A A
A
- 18. In G 73.70, paragraph (c) is revised as follows:
S 73.70 Records.
A A
A A
A (c) A register of visitors, vendors, and other individuals not employed by the licensee pursuant to SS 73.46(d)(13), 73.55(d)(6), or S 73.60. 'The licensee shall retain this register as a record for three years after the last entry is made in the register.
-A A
A A
A 19.
In Appendix B to Part 73, the " Introduction" is revised as-follows:
APPENDIX B - GENERAL CRITERIA FOR SECURITY PERSONNEL A
A A
A A
=
Introduction Security personnel who are responsible for the protection of special nuclear material on site and in transit and for the protection of the facility or shipment vehicle against radiological sabotage should, like other elements of the physical security system, be required to meet minimum criteria to ensure that they will effectively perform their assigned security-related job duties.
In order to ensure that those individuals responsible for security are properly equipped and qualified to execute the job duties prescribed for them, the NRC has developed general criteria that specify security personnel qualification requirements.
These general criteria establish requirements for the selection, training, equipping, testing, and qualification of individuals who will be responsible for protecting special nuclear materials, nuclear facil-ities, and nuclear shipments.
22
- n y
J 3
ij
[7590-01)
When required to have security personnel that have been trained, equipped, and iualified to perform assigned security job duties in accordance wit.. the criteria in this appendix, the licensee must establish, maintain, and follow a plan that shows how the criteria will
~
be met. The plan must be submitted to the NRC for approval.. The plan must be implemented within 30 days after approval by the Commission unless otherwise specified by the Commission in writing.
A A
A
- 20. In Appendix C to Part 73, the Introduction is revised and a new section on Audit and Review is added as follows:
APPENDIX C -- LICENSEE SAFEGUARDS CONTINGENCY PLANS Introduction A licensee safeguards contingency plan is a documented plan to give guidance to licensee personnel in order to accomplish specific, defined objectives in the event of threats, thefts, or radiological sabotage relating to special nuclear material or nuclear facilities licensed under the Atomic Energy Act of 1954, as amended.
An acceptable safeguards contingency plan must contain (1) a predetermined set of decisions and actions to satisfy stated objectives, (2) an identification of the data, criteria, procedures, and mechanisms necessary to effect efficiently the decisions and actions, and (3) a specification of the individual, group, or organizational entity responsible for each decision and action.
The goals of licensee safeguards contingency plans for dealing with threats, thefts, and radiological sabotage are (1) to organize the response effort at the licensee level, (2) to provide predetermined, structured responses by licensees to safeguards contingencies, (3) to ensure the integration of the licensee response with the responses by other entities, and (4) to achieve a measurable performance in response capability.
Licensee safeguards contingency planning should result in organizing the licensee's resources in such a way that the participants will be identified, their several responsibilities specified, and the responses coordinated.
The responses should be timely and internally consistent among themselves.
23
$I
~..
[7590-01)
. 4; h:
It.is important to note that a licensee's safeguards contingency plan is intended to be complementary to any. emergency plans developed pursuant to Appendix E to Part 50 of this chapter or.to 6 70.22(i) of Part 70 of this chapter.
When so required in this chapter, each licensee shall establish, maintain and follow a safeguards contingency plan 'in accordance with the criteria set forth in this appendix.
The safeguards contingency plan must include plans for dealing with threats, thefts, and radiological sabotage, as applicable.
The first-four categories of information con-tained in th'e safeguards contingency plan must be' submitted to the NRC
-for approval.
(The first four categories of information, as set forth in this appendix, are Background, Generic Planning Base, Licensee Plan-ning Base, and Responsibility Matrix. The fifth category of information, Procedures, does not have to be submitted _for approval,) The plan becomes effective 30 days after approval by the Commission unless otherwise specified by the Commission in writing. When the plan becomes effective, the licensee shall have:
(1) all safeguards ~ capabilities specified in its safeguards contingency plan available and functional, (2) detailed procedures developed according to this appendix available at the licensee's site, and (3) all appropriate personnel trained to respond to safeguards incidents as outlined in the plan and specified in the detailed procedures.
Audit and Review The licensee shall provide for the implementation, revision, and maintenance of its safeguards contingency plan. To this end, at intervals not to exceed 12 months, the licensee shall provide for a review of the safeguards contingency plan by individuals independent of both security program management and personnel who have direct
- responsibility for implementation of the security program.
The review must include a review and audit of safeguards contingency procedures and practices and a test of the safeguards system along with commitments established for response by local law enforcement authorities.
The licensee shall document and repo.rt the results of the review and audit, along with recommendations for improvements and corrections, if 24
_ = _ - _
[7590-01) any, to the licensee's corporate and plant management at least one level higher than that having responsibility for the day-to-day operation of the plant. The report must be kept available at the plant for inspection for a period of three years.
a a
a a
a PART 75 -- SAFEGUARDS ON NUCLEAR MATERIAL - IMPLEMENTATION OF US/IAEA AGREEMENT
- 21. The authority citation for Part 75 continues to read as follows:
Authority:
Secs. 53, 63, 103, 104, 122, 161, 68 Stat. 930, 932, 936, 937, 939, 948, as amended (42 U.S.C. 2073, 2093, 2133, 2134, 2152, 2201; sec. 201, 88 Stat. 1242 as amended, (42 U.S.C. 5841).
Section 75.4 also issued under secs. 135, 141, Pub. L.97-425, 96 Stat. 2232, 2241 (42 U.S.C. 10155, 10161).
_For purposes of sec. 223, 68 Stat. 958, as amended (42 U.S.C. 2273),
the provisions of this part issued under sec. 1610, 68 Stat. 950, as amended (42 U.S.C. 2201(o)).
- 22. In S 75.4, paragraph (f)(1) is revised,to read as follows:
S 75.4 Definitions.
A A
A A
l (f) " Effective kilogram" means a unit used in safeguarding nuclear material.
The quantity is:
(1) For special nuclear material: The amount specified in S 70.4 of this chapter.
a a
a a
Dated at Rockville, Maryland this 31st day of July 1989.
I For the Nuclear Regulatory Commission
/
s
.s s M. Taylor #
l Ja ting Executive Director for Operations 2