ML20317A332
| ML20317A332 | |
| Person / Time | |
|---|---|
| Issue date: | 11/12/2020 |
| From: | Xiaosong Y NRC/NRR/DANU/UNPL |
| To: | Kulowiec D US Dept of Commerce, National Institute of Standards & Technology (NIST) |
| Yin X | |
| Shared Package | |
| ML20283A661 | List: |
| References | |
| Download: ML20317A332 (4) | |
Text
From:
Yin, Xiaosong To:
Kulowiec, Dalia S. (Fed)
Cc:
Donoghue, Joseph; Buckberg, Perry
Subject:
RE: RE: 2.206 Petition regarding the NIST NCNR Police Force Date:
Thursday, November 12, 2020 9:31:00 AM Ms. Kulowiec,
The Petition Review Board (PRB) has completed its initial assessment of the petition you submitted on September 4, 2020. Your petition requested that the U.S. Nuclear Regulatory Commission (NRC) take action under Title 10 of the Code of Federal Regulations (10 CFR), Section 2.206 to ensure that the National Institute of Standards and Technology (NIST) Center for Neutron Research (NCNR) current licensing basis not be changed to replace the term "Police Officers" with armed response. As you will recall, on November 2, 2020, I informed you that the portion of your petition regarding NIST management negotiations with the Police Union screened out of the 2.206 petition process.
The PRB performed its initial assessment to determine whether the petition meets the applicable acceptance criteria in NRCs Management Directive MD 8.11, Review Process for 10 CFR 2.206 Petitions, and its associated DH 8.11,Section III.C.1 (Agencywide Documents Access and Management System (ADAMS) Accession number ML18296A043). The PRBs initial assessment is that although the licensing basis change to replace the term "Police Officers" with armed response meets the DH 8.11 acceptance criteria in Section III.C.1(b)(ii).previous NRC staff review but none of the additional Section III.C.1(b)(ii) circumstances apply. Our initial assessment is to not accept your petition for review.
The primary safety concern in your petition regarding the term change from "Police Officers" to armed response was the subject of NRC staff review that culminated in a license amendment being issued on September 21, 2020 (ADAMS accession number ML20230A293). The NRC staff concluded in this review that the NIST proposed physical security plan (PSP) modifications would continue to meet the requirements in 10 CFR 73.67 for security organization structure, response capabilities, and coordination with response forces. The amended PSP also meets the guidance for security organizations as described in Revision 1 to Regulatory Guide (RG) 5.59, Standard Format and Content for a Licensee Physical Security Plan for the Protection of Special Nuclear Material of Moderate or Low Strategic Significance, issued in February 1983. The amended PSP also meets the requirements in 10 CFR 73.60(f) for the protection against radiological sabotage.
The NRC staff remains confident that there is reasonable assurance that the public health and safety is protected.
I am happy to offer you the opportunity to clarify or supplement your petition in a virtual public meeting with the PRB. If you decide to take advantage of this opportunity, the meeting with the PRB would be conducted consistent with the format described in MD 8.11 Section III.F. The PRB will consider your statements and information presented at the meeting, along with the original petition, in making its final determination on whether to accept your petition for review. Please indicate by November 19, 2020, whether you wish to have this public meeting before we close the petition.
If you have any questions regarding this e-mail, please feel free to contact me at Xiaosong.Yin@nrc.gov.
- Thanks,
Xiaosong Yin Non-Power Production and Utilization Facility Licensing Branch (UNPL)
Division of Advanced Reactors and Non-Power Production and Utilization Facilities (DANU)
Office of Nuclear Reactor Regulation Phone: (301) 415-1404 Email: xiaosong.yin@nrc.gov
From: Yin, Xiaosong Sent: Thursday, November 05, 2020 9:39 AM To: Kulowiec, Dalia S. (Fed) <dalia.kulowiec@nist.gov>
Subject:
RE: RE: 2.206 Petition regarding the NIST NCNR Police Force
Ms. Kulowiec,
Thank you for your response and I have the following answers to your questions:
How long does this process take for the Petition Review Board?
This petition was docketed in our system in early October (sorry for the delay) and the Petition Review Board (PRB) evaluation review normally takes about 3 months - so by early January Id expect to be able to let you know if the PRB will conclude your petition or need any actions for further review.
What is involved in the process?
The PRB will review your petition and consider what the NRC regulations require for site security. The PRB will determine if the NRC needs to re-examine any past decisions or requirements based on your petition.
Is there anything else needed from myself or the other police officers?
Nothing more is needed right now - but thanks.
Within the next few weeks I will tell you what direction the PRB is headed and we offer to schedule a public meeting for you with the PRB where you and others you choose may like to clarify and/or supplement your petition for the PRB.
Again feel free to let me know if you have any questions.
- Thanks,
Xiaosong Yin Non-Power Production and Utilization Facility Licensing Branch (UNPL)
Division of Advanced Reactors and Non-Power Production and Utilization Facilities (DANU)
Office of Nuclear Reactor Regulation Phone: (301) 415-1404 Email: xiaosong.yin@nrc.gov
From: Kulowiec, Dalia S. (Fed) <dalia.kulowiec@nist.gov>
Sent: Thursday, November 05, 2020 4:38 AM To: Yin, Xiaosong <Xiaosong.Yin@nrc.gov>
Subject:
[External_Sender] RE: 2.206 Petition regarding the NIST NCNR Police Force
Mr. Yin,
Thank you. I understand that this will be made public. How long does this process take for the Petition Review Board? What is involved in the process? Is there anything else needed from myself or the other police officers?
Thank you again.
Sincerely, Dalia Kulowiec NIST F.O.P. Chair
From: Yin, Xiaosong <Xiaosong.Yin@nrc.gov>
Sent: Monday, November 2, 2020 3:07 PM To: Kulowiec, Dalia S. (Fed) <dalia.kulowiec@nist.gov>
Subject:
2.206 Petition regarding the NIST NCNR Police Force Importance: High
Ms. Kulowiec,
This e-mail is to inform you that I will be the Petition Manager for your September 4, 2020, 2.206 petition. Please contact me with any questions about the process and/or the status of the petition review at any time.
In your petition you requested that the Nuclear Regulatory Commission ensure that the National Institute of Standards and Technology (NIST) Center for Neutron Research (NCNR) current licensing basis not be changed to replace the term "Police Officers" with
armed response. In the petition, you state that the NIST NCNR Police Force is being replaced by other security staff and NIST NCNR licensing requirements are being changed from "Police Officers" to "Armed Response." You state that this change is irresponsible and a safety concern that would allow anyone with a gun and no Police training to respond to all police related incidents on the NIST site. Lastly, you claim that NIST NCNR management officials have failed to negotiate in good faith with the Police Union.
Your concern regarding the safety of the NIST NCNR in light of security changes has screened into the 2.206 process in accordance with Section II.A.2(d) NRC Management Directive (MD) 8.11 Review Process for 10 CFR 2.206 Petitions (Agencywide Documents Access and Management System (ADAMS) Accession No. ML18296A043) and a Petition Review Board will begin its evaluation. However, your concern that NIST management officials failed to negotiate with the Police Union has screened out of the 2.206 process consistent with the MD 8.11 Section II.A.2(d)(vi) screening criteria, Requests to Impose a Requirement that is Outside of NRC Jurisdiction, because the NRC does not have jurisdiction over labor relations issues.
In addition, the NRC staff has concluded, following review in accordance with Sections II.B.1 of MD 8.11, that the NIST NCNR security related concerns expressed in your petition do not warrant immediate enforcement action.
As the PRB begins its evaluation I wouldlike to ensure that you are aware that because the 2.206 petition process is a public process, the petition and all the information in it, including your identity, will be made public.
- Thanks,
Xiaosong Yin Non-Power Production and Utilization Facility Licensing Branch (UNPL)
Division of Advanced Reactors and Non-Power Production and Utilization Facilities (DANU)
Office of Nuclear Reactor Regulation Phone: (301) 415-1404 Email: xiaosong.yin@nrc.gov