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 73.71(b)(1): Licensees subject to the provisions of §§ 73.20, 73.37, 73.50, 73.51, 73.55, or 73.60 shall notify the NRC 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 discovery of the safeguards events described in paragraph I(d) of appendix G to this part.
73 Appendix G(I)(d) The actual or attempted introduction of contraband into a protected area, material access area, vital area, or transport.
New: 10 CFR 73.1200 73.1200(e)(1): Each licensee subject to the provisions of 73.20, 73.45, 73.46, 73.50, 73.51, 73.55, 73.60, or 73.67 of this part must notify the NRC Headquarters Operations Center within 4 hours4.62963e-5 days <br />0.00111 hours <br />6.613757e-6 weeks <br />1.522e-6 months <br /> after time of discovery of the following facility security events involving (iii) The actual introduction of contraband into a PA, VA, or MAA; (iv) The attempted introduction of contraband into a PA, VA, or MAA.
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
- Security advisories and other guidance issued after 9/11 events
- Requested that such activity be voluntarily reported to the NRC 10 CFR 73.1215
- (1) For licensees subject to the provisions of
§ 73.20, § 73.45, § 73.46, § 73.50, § 73.51, § 73.55, § 73.60, or § 73.67 of this part, the licensees must report activities they assess are suspicious. Examples include, but are not limited to, the following:
- (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?