ML23200A343
| ML23200A343 | |
| Person / Time | |
|---|---|
| Issue date: | 06/19/2023 |
| From: | Beth Reed Office of Nuclear Reactor Regulation |
| To: | National Organization of Test, Research, & Training Reactors (TRTR) |
| References | |
| Download: ML23200A343 (14) | |
Text
New Physical Security Event Notification and Suspicious Activity Reporting Rule Beth Reed, Security Specialist Office of Nuclear Reactor Regulation U.S. Nuclear Regulatory Commission June 19, 2023
Highlights
- Key Dates
- Reporting Requirements and Guidance
- Applicability
- Event Notifications
- Suspicious Activity Reporting
- Questions
Key Dates
- Rule published in the Federal Register (FR)
- March 14, 2023 (88 FR 15864)
- Effective date: April 13, 2023
- Compliance date: January 8, 2024
New Reporting Requirements
- Four new sections in Title 10, Code of Federal Regulations (CFR) part 73:
- Notification of Physical Security Events
- Written Follow-up Reports of Physical Security Events
- Recordkeeping of Physical Security Events
- Suspicious Activity Reporting
New Reporting Regulatory Guides
- Regulatory Guide (RG) 5.62 Revision 2, Physical Security Event Notification, Reports, and Records (ML17131A285)
- RG 5.87, Suspicious Activity Reports (ML17138A384)
- Non-power production and utilization facilities are subject to the suspicious activity reporting requirements of 10 CFR 73.1215(d)
- Non-power production and utilization facilities transporting spent nuclear fuel under 10 CFR 73.37 are subject to the suspicious activity reporting requirements of 10 CFR 73.1215(e)
Applicability of Event Notifications
- 10 CFR 73.1200, Notification of Physical Security Events
- One-hour notification for facilities
- Licensees subject to the provisions of 10 CFR 73.20, 73.45, 73.46, 73.50, 73.51, 73.55, 73.60, or 73.67
- Four-hour for facilities
- Licensees subject to the provisions of 10 CFR 73.20, 73.45, 73.46, 73.50, 73.51, 73.55, 73.60, or 73.67
- Eight-hour for facilities
- Licensees subject to the provisions of 10 CFR 73.20, 73.45, 73.46, 73.50, 73.51, 73.55, 73.60, or 73.67
Event Notification Previous: 10 CFR 73.71 New: 10 CFR 73.1200 73.71(b)(1): Licensees subject to the 73.1200(e)(1): Each licensee subject to the provisions of §§ 73.20, 73.37, 73.50, 73.51, provisions of 73.20, 73.45, 73.46, 73.50, 73.51, 73.55, or 73.60 shall notify the NRC 73.55, 73.60, or 73.67 of this part must notify the Operations Center within 1 hour1.157407e-5 days <br />2.777778e-4 hours <br />1.653439e-6 weeks <br />3.805e-7 months <br /> after NRC Headquarters Operations Center within 4 discovery of the safeguards events hours after time of discovery of the following described in paragraph I(d) of appendix G facility security events involving to this part. (iii) The actual introduction of contraband into a PA, VA, or MAA; 73 Appendix G(I)(d) The actual or attempted introduction of contraband into a (iv) The attempted introduction of protected area, material access area, vital contraband into a PA, VA, or MAA.
area, or transport.
An Example of an Event
- Under 10 CFR 73.1200(c)(1)(i)(A) a licensee is required to notify the NRC within 1 hour1.157407e-5 days <br />2.777778e-4 hours <br />1.653439e-6 weeks <br />3.805e-7 months <br /> of any event in which there is reason to believe that a person has committed or caused, or attempted to commit or cause, or has made a threat to commit or cause:
- The theft or diversion of a Category I, II, or III quantity of Strategic Special Nuclear Material (SSNM) or a Category II or III quantity of Special Nuclear Material (SNM)
- This requirement refers the quantity of nuclear material possessed by a licensee, not the quantity of nuclear material that has been stolen or diverted
- Applicability is to facilities that are licensed to possess Category I, II, or III quantity of SSNM or a Category II or III quantity of SNM
- What must be reported is the attempted or actual theft of any SSNM or SNM
Notification Procedures
- Call NRC Headquarters Operation Center, (phone number is specified in Appendix A to 10 CFR Part 73) - 301-816-5100
- Notification process and info needed is specified in 10 CFR 73.1200(o) for event notifications
- Notification process is specified in 10 CFR 73.1215(c) for suspicious activity reports
- Written follow-up reports are due 60 days from the event notification and contents are specified in 10 CFR 73.1205(c)
Suspicious Activity Reporting No Regulations 10 CFR 73.1215
- (1) For licensees subject to the provisions of
- Security advisories and § 73.20, § 73.45, § 73.46, § 73.50, § 73.51, § other guidance issued 73.55, § 73.60, or § 73.67 of this part, the after 9/11 events licensees must report activities they assess are
- Requested that such suspicious. Examples include, but are not limited activity be voluntarily to, the following:
reported to the NRC * (i) Challenges to the licensees security systems and procedures;
- (iv) Observed surveillance activity from public spaces outside of the licensees control;
Applicability of Suspicious Activity Report
- 10 CFR 73.1215 Suspicious Activity Reporting
- For licensees subject to the provisions of 10 CFR 73.20, 73.45, 73.46, 73.50, 73.51, 73.55, 73.60, or 73.67
- If a suspicious activity requires a physical security event notification pursuant to 10 CFR 73.1200, then the licensee is not required to also report the occurrence as a suspicious activity
- 10 CFR 73.1215(c)(2)(ii): The licensees assessment of a potential suspicious activity, and any discussion of this activity with its local law enforcement, does not constitute a conclusion, in and of itself, that the activity is suspicious.
What is Suspicious Activity?
- Examples can be found in 10 CFR 73.1215(d)(1), such as:
- Activities that could be indicative of preoperational surveillance or reconnaissance efforts,
- Elicitation of non-public information from knowledgeable licensee or contractor personnel regarding the licensees security or emergency response programs;
- (Observed surveillance activity from public spaces outside of the licensees control;
- Regulatory Guide 5.87, Suspicious Activity Reports Under 10 CFR Part 37 (ML17138A384)
- Contains both examples of suspicious activities that require reporting and other examples of activities for which a licensee may exercise discretion and not report the activity as suspicious
Implementation
- New reporting requirements for suspicious activity to law enforcement agencies and the NRC
- NRC inspections will focus on licensees programmatic implementation of the new requirements, not on the conclusion for a specific event.
- it is not the NRCs intent to dispute a licensees conclusions about whether an event is considered to be suspicious.
- Applicable to production or utilization facilities licensed under 10 CFR 50.21, or 10 CFR 50.22 (including both operating and decommissioning power reactors and non-power reactors)
Questions?