ML20247L456
| ML20247L456 | |
| Person / Time | |
|---|---|
| Site: | Haddam Neck File:Connecticut Yankee Atomic Power Co icon.png |
| Issue date: | 03/22/1989 |
| From: | Ronald Bellamy NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I) |
| To: | Mroczka E CONNECTICUT YANKEE ATOMIC POWER CO. |
| References | |
| IEIN-89-005, IEIN-89-5, NUDOCS 8904050466 | |
| Download: ML20247L456 (3) | |
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NAR 221989 Docket Nos. 50-213 Mr. Edward J. Mroczka Sr. Vice President Nuclear' Engineering & Operations Connecticut Yankee Atomic Power Company P.O. Box 270 Hartford, CT 06141-0270 Gentlemen:
SUBJECT:
10 CFR 50.54(p) SUBMITTAL - HADDAM NECK PLANT This is in response to your letter of October'12,1988, regarding changes to the Haddam Neck Plant Modified Physical ' Security Plan identified as Revision 18.
F We have reviewed the submitted changes and have determined that they are l
consistent with the provisions of 10 CFR 50.54(p).
The changes are l
acceptable for inclusion into.the plan, however, it is recommended that the next plan revision consider the guidance-contained in NRC Information Notice 89-05.regarding the use of deadly -force (enclosed). Also, for clarity, it is recommended that in Paragraph 14.7 the words " Retention Periods for Records" be deleted.
The enclosures to your letter contain Safeguards Information of a type specified in 10 CFR 73.21 and are being withheld from public disclosure.
E. D. Sylvester (215-337-5308) is our contact should'there be any questions-l concerning this matter.
Sincerely, Original Signed By:1 Ronald R. Bellamy,-Chief Facilities Radiological Safety and Safeguards Branch.
Division of Safeguards
Enclosure:
As Stated cc: See Next Page l
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Gerald Garfield, Esquire R. M. Kacich, Manager Day, Berry and Howard Counselors at Law Generation Facilities Licensing City Place Northeast Utilities Service Company Post Office Box 270 Hartford, Lennecticut 06103-3499 Hartford, Connecticut 06141-0270 W. D. Romberg, Vice President D. O. Nordquist Nuclear Operations Manager of Quality Assurance Northeast Utilities Service Company Northeast Nuclear Energy Company Post Office Box 270 Post Office Box 270 Hartford,. Connecticut 06141-0270 Hartford, Connecticut 06141-0270 Kevin McCarthy, Director Radiation Control Unit Department of Environmental Protection State Office Building Hartford, Connecticut 06106 Bradford S. Chase, Under Secretary Board of Selectmen Energy Division Town Hall I
Office of Policy and Management Haddam, Connecticut 06's3 80 Washington Street Hartford, Connecticut 06106 Resident Inspector Haddam Neck Plant D. B. Miller, Station Supe'intendent l
Haddam Neck Plant U. S. Nuclear Regulatory Commission Post Office Box 116 Connecticut Yankea Atomic Power Company East Haddam Post Office RF0 1, Post Office Box 127E East Haddam, Connecticut 06423 East Hampton, Connecticut 06424 G. H. Bouchard, Unit Superintendent Haddam Neck Plant RFD #1 Post Office Box 127E East Hampton, Connecticut 06424 Public Document Room (PDR)
Local Public Document Room (LPDR)
Nuclear Safety Information Center (NSIC) 0FFICIAL RECORD COPY HADDAM NECK SUBMITTAL - 0002.0.0 03/08/89
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Chief, NRR/RSGB I
Document Control Desk, Official Record Copy - RID RG01 I
Region I Docket Room, w/ concurrence Region I Licensing File, w/ concurrence Region I Safeguards Files Region I Section Chief DRP-1B i
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Bellamy 03/2D/89 03/4L/89 03/>"/q OFFICIAL RECORD COPY HADOAM NECK SUBMITTAL - 0003.0.0 03/08/89
3 UNITED STATES NUCLEAR REGULATORY C0m!SSf0N OFFICE OF NUCLEAR REACTOR REGULATION WASHINGTON, D.C.
20555 January 19, 1989
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i NRC INFORMATION NOTICE NO. 89-05:
USE OF DEADLY FORCE BY GUARDS PROTECTING -
NUCLEAR POWER REACTORS AGAINST RADIOLOGICAL SABOTAGE Addressees:
All holders of operating licenses for nuclear power reactors.
Purpose:
This information notice is being provided to present NRC responses to questions raised during safeguards inspections and discussions with licensees concerning use of deadly force by guaros protecting nuclear power reactors against radio-logical sabotage.
The information provided in this notice does not constitute NRC requirements; therefore, no specific action or written response is required.
Description of Circumstances:
During recent inspections and discussions with the NRC staff, some licensees expressed reservations about their authority to use deadly force to protect nuclear power reactors.
The NRC considers use of deadly force justifiable in protecting nuclear power reactors against radiological sabotage in circum-stances under which a guard could reasonably believe that the use of deadly force is necessary to counter an imediate threat of death or severe bodily
'1 injury to self, to others in the facility, or to members of the public.
This is already embodied in NRC regulation 10 CFR 73.55(h){5), which requires licensees te " instruct every guard and all armed response personnel to prevent or impede attempted acts of theft or radiological sabotage by using. force suf-ficient to counter the force directed at him including the use of deadly force when the guard or other armed respense person has a reasonable belief it is necessary in self-defense or in the defense of others."
Discussion:
The staff con;iders use of deadly force justifiable in protecting nuclear power reactors ag3 inst sabotage if there is trisonable belief that an act ef radiological sabotage will be perpetrated unless deadly force is used to prevent it. Radiological sabotage as defined in 10 CFR 73.2(p) means any " deliberate act" directed against a plant or against a component of a
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IN 89-05 January 19, 1989 Page 2 of 3 a plant, that "could directly or indirectly endanger the public health and safety by exposure to radiation." At nuclear power reactors, the principal focus of safeguards is to protect against deliberate acts that could result in substantial meltdown of the core.
Components of a plant that must be protected are those considered " vital equipment," defined in 10 CFR 73.2(i) as "any equipment, system, device, or material the failure, destruction, or release of which could directly or indirectly endanger the public health and safety by exposure to radiation.
Equipment or systems which would be required to function to protect public health and safety following such failure, destruction, or release are also considered to be vital."
Some situations and circumstances that could justify the use of deadly force in protecting nuclear power reactors are as follows:
(1) Defending Against Violent Armed Assault Use of deadly force could be justified in defending a power reactor against a detennined violent armed assault.
(2) Defending Against Armed Attack By Stealth Use of deadly force could be justified for defenders intercepting armed intruders who have penetrated the protected area and are at-tempting to break into an area containing vital equipment, ignoring defenders' challenges and warningr, to stop.
(3) _ Defending Against Attackers Employing Explosives and/or Incendiaries Use of deadly force could be justified for defenders intercepting intruders placing explosives or incendiary devices near vital equipment if the intruders ignore defenders' warnings to stop.
(4) Defending A?ainst Perceived Armed Attack Use of deadly force could be justified for defenders intercepting heavily armed intruders who enter the protected area ignoring challenges and warnings.
Under these and similar conditions, facility guards do not have to abandon cover and concealment or their defensive positions, or wait for the ad-versaries to fire the first shot.
Such actions may expose the guards to casualties and jeopardize their ability to defeat or contain the attacking forces.
IN 89-05 January 19, 1989 Page 3 of 2 No specific action or written response is required by this information notice.
if you have any questions about thi.s matter, please contatt the technical contact listed below or the Regional Administrator of thi appropriate regional office.
[.
e Charles E.
ossi, Director Division of Operational Events Assessment Office of Nuclear Reactor Regulation Technical
Contact:
Nancy Ervin, NRR (301)492-0946
Attachment:
List of Recently Issued NRC Information Notices 4
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