ML23011A279
| ML23011A279 | |
| Person / Time | |
|---|---|
| Issue date: | 03/20/2023 |
| From: | Office of Nuclear Material Safety and Safeguards |
| To: | |
| Shared Package | |
| ML23011A277 | List: |
| References | |
| STC-23-017 | |
| Download: ML23011A279 (1) | |
Text
TEMPORARY INSTRUCTION 2800/044 COMMUNICATIONS PLAN Communication Team NAME TEAM ROLE ORGANIZATION TITLE Jeremiah Rey Lead NSIR/DSO Reactor Inspector Willie Lee Backup Lead NMSS/MSST Health Physicist Jeanette Curry Support NSIR/DSO Security Assistant Christine Richie Support NMSS/MSST Administrative Assistant
Key Messages KEY MESSAGES & TIMELINE
- Agreement State licensees who possess special Timeline nuclear material of low strategic significance (SNM-LSS), in quantities specified in Title 10 ACTIVITY ESTIMATED DATE Code of Federal Regulations Part 150.14, but Inform affected March 2023 prior to less than critical mass, are subject to U.S. Agreement State issuance of TI Nuclear Regulatory Commission (NRC) licensees and regulators 2800/044 regulatory authority for physical protection. of the anticipated
- NRC has not exercised any oversight of these issuance of TI 2800/044 limited number of licensees possessing SNM- Issue TI 2800/044 by the March 2023 LSS in sufficient quantities to trigger required NRR Inspection Manual compliance with 10 CFR 73.67. This activity is Coordinator being undertaken to address the issue. Issue STC and Licensee Within one week after
- There currently appears to be a low risk of theft letters issuance of TI of the SNM-LSS if these licensees are 2800/044 implementing some level of physical protection E-mail regional offices Immediately after requirements when the material is in storage and (Branch Chiefs and issuance of the letters RSAOs) informing them controlling access to the material while it is in of issuance of the TI.
use.
Announcement of the TI After issuance of the
- The NRC is issuing Temporary Instruction (TI) issuance on the next letters 2800/044 to evaluate, through inspection, available National whether Agreement State licensees subject to Materials Program this TI have adequate physical protection Monthly Call.
processes and procedures in place for the Coordination with March 2023 possession, use, and transport of SNM-LSS regions on a tentative consistent with the requirements of 10 CFR inspection schedule 73.67(f) and (g), pursuant to the NRC continued Commence TI 2800/044 Early 2023 regulatory authority specified in 10 CFR 150.14. inspections
BACKGROUND
- 1. A listing of licensees (excluding power reactors, research reactors and fuel cycle facilities) who recently reported SNM-LSS greater than 15 grams, but less than critical mass, was developed from a query of the Nuclear Materials Management and Safeguards System (NMMSS).
- 2. Agreement State licensees who possess SNM-LSS, in quantities specified in 10 CFR Part 150.14, but less than critical mass, are subject to NRC regulatory authority for physical protection. These quantities are more than 15 grams of uranium-235 (U-235 contained in uranium enriched to 20 percent or more) or 15 grams of uranium-233 (U-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).
Critical mass quantities are enriched uranium not exceeding 350 grams, uranium-233 not exceeding 200 grams, and plutonium not exceeding 200 grams.
- 3. An additional assessment was later conducted to identify Agreement State licensees likely subject to 10 CFR 73.67 physical protection requirements. Those licensees possessing only plutonium:beryllium neutron sources were not included in the list.
- 4. Initially, a list of nine licensees was developed based upon SNM inventories reported in NMMSS and a review of license images collected from States and the NRC Web-Based Licensing System.
- 5. As part of an outreach effort, a Microsoft Teams meeting was conducted with NRC Regional Agreement State Officers and representatives from seven Agreement States (CA, NJ, NV, PA, TN, TX, WA) regulating the nine licensees possessing SNM that may meet the definition of SNM-LSS and would be subject to 73.67 physical protection requirements. NRC regional staff and Agreement State regulators were briefed on assessment activities and planned outreach regarding the nine identified licensees.
- 6. Additional information was obtained from the nine licensees regarding the chemical/physical form of the SNM-LSS possessed and level of security, including implementation of a 73.67 physical protection program. The list was later updated to eleven licensees due to reports received through the New York Department of Health and Region I inspection activities.
- 7. The Office of Nuclear Material Safety and Safeguards (NMSS) solicited assistance from the Office of Nuclear Security and Incident Response (NSIR) regarding development of a Temporary Instruction to initiate inspection activities of Agreement State licensees subject to 73.67 physical protection requirements.
- 8. NSIR and NMSS began development of TI 2800/044 Assessment of Physical Protection Requirements under 10 CFR 150.14 for Agreement State Licensees Possessing, Using, or Transporting Special Nuclear Material of Low Strategic Significance.
STAKEHOLDERS/AUDIENCE & COMMUNICATION TOOLS COMMUNICATION TOOLS External Stakeholders Internal Stakeholders
- Phone/email communication
- STC and Licensee Letters
- STC and Licensee Letters
- One-pager email notification
- NRC Public Webpage
- Regular/Standard Meetings
- Training Seminars INTERNAL STAKEHOLDERS
- Region I, III & IV
- Office of Nuclear Material Safety and Safeguards (NMSS)
- Office of Nuclear Security and Incident Response (NSIR)
- Office of General Counsel (OGC)
EXTERNAL STAKEHOLDERS
- Licensees
- Agreement States
- Conference of Radiation Control Program Directors
- Organization of Agreement States
QUESTIONS & ANSWERS Q1: Why is NRC inspecting these Agreement State licensees?
A1: Agreement States can license SNM-LSS pursuant to a Section. 274(b) agreement, but NRC maintains the responsibility for oversight of SNM-LSS physical protection requirements, pursuant to 10 CFR 150.14.
Q2: What are SNM-LSS quantities less than critical mass?
A2: Quantities not sufficient to form a critical mass are defined in 10 CFR 150.11 as enriched uranium not exceeding 350 grams, uranium-233 not exceeding 200 grams, plutonium not exceeding 200 grams, or mixtures where the sum of the fractions is less than unity.
Q3: In the event of theft, can these quantities be used to construct an improvised nuclear device?
A3: No. These quantities of SNM-LSS will not support a self-sustaining chain reaction.
Q4: What are the elements of a 10 CFR 73.67 physical protection plan?
A4: The elements include fixed site and in transit requirements.
Q5: What are fixed site requirements?
A5: They include (1) storage/use of SNM-LSS in a controlled access area (CAA); (2) monitor CAA for unauthorized access with intrusion alarm, other devices, or procedures; (3) assure watchman or offsite response; and (4) establish and maintain response procedures.
Q6: What are in transit requirements?
A6: They include (1) advanced notification to receiver of advanced shipments; (2) confirmation from receiver of readiness to accept shipment; (3) transport in tamper-indicating sealed container; (4) container and seal integrity check; (5) arrange for in-transit physical protection in accordance with 73.67(g)(3), which addresses response procedures, notification of loss or unaccounted for shipments and investigation of loss or unaccounted for shipments; and (6) import/export provisions.
Q7: Where can I find 10 CFR 73.67?
A7: You can visit the NRCs Public website and review the 10 CFR 73.67 regulatory requirements at https://www.nrc.gov/reading-rm/doc-collections/cfr/part073/part073-0067.html.
Links to Relevant Documents
- Temporary Instruction 2800/044 Assessment of Physical Protection Requirements under 10 CFR 150.14 for Agreement State Licensees Possessing, Using, or Transporting Special Nuclear Material of Low Strategic Significance., (ADAMS NO.