ML23129A035
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| ML23129A035 | |
| Person / Time | |
|---|---|
| Issue date: | 05/09/2023 |
| From: | Phil Brochman NRC/NSIR/DPCP/MSB |
| To: | |
| References | |
| Mtg 20230553, Mtg 20230554, Mtg 20230555, ML23115A406 | |
| Download: ML23129A035 (17) | |
Text
Suspicious Activity Reporting Workshops Phil Brochman, NSIR/DPCP May 10-11, 2023 ML23129A035
Key Dates
- Rule published in the Federal Register
- March 14, 2023 (88 FR 15864)
- Effective date: April 13, 2023
- Compliance date: January 8, 2024 2
Suspicious Activity Reporting
- A licensees timely submission of suspicious activity reports (SARs) to Federal and local law enforcement agencies is an important part of the U.S. governments efforts to disrupt or dissuade malevolent acts against the nations critical infrastructure.
- Licensees timely submission of SARs to the NRC supports one of the agencys primary mission essential functions of threat assessment for licensed facilities, materials, and shipping activities.
3
SAR Requirements and Guidance
- 10 CFR 73.1215, Suspicious activity reports
- RG 5.87, Suspicious Activity Reports Under 10 CFR Part 73 (ML17138A384) 4
Applicability
- Facilities and Materials
- For licensees subject to the provisions of § 73.20,
§ 73.45, § 73.46, § 73.50, § 73.51, § 73.55, § 73.60, or § 73.67
- Shipping Activities
- For licensees subject to the provisions of § 73.20,
§ 73.25, § 73.26, § 73.27, or § 73.37 5
Looking for Connections Goal:
Disrupt the Terrorist Attack Cycle by proactively identifying suspicious behavior that may be indicative of pre-attack planning /
surveillance activities 6
Applicability
- Enrichment Facilities
- 10 CFR 73.67 licensees who are also engaged in the enrichment of SNM using RD information, technology, or materials 7
- This means the time at which a cognizant individual observes, identifies, or is notified of a security-significant event or condition. A cognizant individual is considered anyone who, by position, experience, and/or training, is expected to understand that a particular condition or event adversely impacts security. (§ 73.2) 8
Timeliness of Reporting
- Licensees timely submission of SARs to the NRC supports one of the agencys primary mission essential functions of threat assessment for licensed facilities, materials, and shipping activities.
- Licensees should not delay reporting a suspicious activity to gather more information or complete a more thorough assessment beyond the 4-hour timeliness requirement 9
Facilities and Materials SAR
- Challenges to the licensees security systems and procedures
- Elicitation of non-public information from knowledgeable licensee or contractor personnel regarding the licensees security or emergency response programs
- Observed surveillance or reconnaissance activity from within posted or restricted areas (i.e., nonpublic areas), including surface activity, underwater activity, manned aerial activity, and unmanned aerial activity
- Observed surveillance activity from public spaces outside of the licensees control 10
Facilities and Materials SAR
- Unauthorized aircraft activities in close proximity to the facility (i.e., above or near), involving either manned or unmanned aircraft, operating in a manner potentially indicative of surveillance or reconnaissance activity 11
Shipping Activities SAR
- Challenges to the licensees or its transportation contractors communications subsystems regarding the transport system
- Challenges to the licensees or its transportation contractors security subsystems for the transport system
- Interference with or harassment of in-progress shipments;
- Elicitation of non-public information from knowledgeable licensee personnel or the licensees transportation contractor personnel regarding transportation program elements, including: security programs, operations programs, communication protocols, shipment routes, safe haven locations, and emergency response programs 12
Shipping Activities SAR
- Observed surveillance or reconnaissance activity of ongoing shipments
- For licensees using a movement control center for shipments of radioactive material or special nuclear material (SNM), the movement control center may report suspicious activities to LLEA, the FBI, and the NRC, in lieu of the licensee making such reports 13
Enrichment Facilities SAR
- Aggressive noncompliance by visitors to the licensees facility involving willful unauthorized departure from a tour group or willful unauthorized entry into restricted areas
- Unauthorized recording or imaging of sensitive technology, equipment, or materials
- Elicitation of non-public information from knowledgeable licensee or contractor personnel regarding physical or information security programs intended to protect RD information, technology, or materials.
14
Order of Precedence
- First, to their LLEA
- FBI local field office
- NRC Headquarters Operations Center
- FAA (for aircraft events) 15
Other Considerations
- A licensee can take into account their location and other relevant circumstances to determine if an event is suspicious
- A licensee can consult with LLEA to gather information to determine if an event is suspicious
- Intelligence is perishable, so time reporting is most beneficial
Q&A QUESTIONS 17