ML23326A048
| ML23326A048 | |
| Person / Time | |
|---|---|
| Issue date: | 11/28/2023 |
| From: | Phil Brochman NRC/NSIR/DPCP/MSB |
| To: | |
| References | |
| ML23305A185 | |
| Download: ML23326A048 (28) | |
Text
Discussion on Limited-Scope Revisions to EWR Supporting Guidance November 28, 2023 Public Meeting With Industry and Stakeholders Phil Brochman, Sr. Policy Analyst Division of Physical and Cybersecurity Policy (DPCP)
Office of Nuclear Security and Incident Response Email: Phil.Brochman@nrc.gov Phone: 301-287-3691 1
Meeting Category and Public Participation This is an Information Meeting with a Question-and-Answer session. The NRC staff will discuss three revised regulatory guidance documents that have been issued for public comment. Attendees will have an opportunity to ask questions of the NRC staff; however, the NRC is not actively soliciting comments towards regulatory decisions at this meeting.
Any comments on these guidance documents should be formally submitted to the NRC via the methods discussed in the Federal Register notices.
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Agenda - November 28, 2023 Topic Time Speakers Introduction (Purpose, Rules for Meeting) 1:00 PM Lynn Ronewicz, NRC facilitator Jose Cuadrado, Chief Materials Security Branch Opening Remarks 1:05 PM Office of Nuclear Security and Incident Response (NSIR)
Overview 1:10 PM Phil Brochman, Sr. Policy Analyst, DPCP DG-5082, Suspicious Activity Reports Under 1:20 PM Phil Brochman, DPCP 10 CFR Part 73 Questions on DG-5082 1:40 PM Public DG-5081, Preemption Authority, Enhanced Weapons Authority, and Firearms Background 2:00 PM Phil Brochman, DPCP Checks Questions on DG-5081 2:20 PM Public Break 2:50 PM All 3
Agenda - November 28, 2023 (cont.)
Topic Time Speakers DG-5080, Physical Security Event Notifications, Reports, and Records; and 3:00 PM Phil Brochman, DPCP Definitions Questions on DG-5080 3:30 PM Public Closing Remarks and Adjourn 3:55 PM Jose Cuadrado, DPCP 4
Overview
- In response to issues raised by industry, NRC staff has developed three draft regulatory guides (DGs) as limited-scope revisions and issued them for public comment.
- DG-5082 (Proposed Rev. 1 to RG 5.87)
- DG-5081 (Proposed Rev. 1 to RG 5.86)
- DG-5080 (Proposed Rev. 3 to RG 5.62)
- These DGs support the final Enhanced Weapons Rule issued on March 14, 2023 (88 FR 15864).
- The staff has been able to address in these DGs many, but not all, of the issues raised by industry.
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Overview (cont.)
- The NRC published two Federal Register notices on October 27, 2023 (88 FR 73767 and 88 FR 73769) and one notice on October 30, 2023 (88 FR 74070) seeking comments on these limited scope DGs.
- These DGs, associated notices, and any submitted comments can be found on the Regulations.gov website under the following Docket ID numbers.
- DG-5080 (NRC-2023-0171)
- DG-5081 (NRC-2023-0172)
- DG-5082 (NRC-2023-0173) 6
Overview (cont.)
- Comments on these DGs are due by 12/11/2023 or 12/14/2023, as applicable.
- Comments may be submitted via the Regulations.gov website or as discussed in the Federal Register notices.
- The NRC is not intending to receive comments via this public meeting.
- The NRC staffs goal is to publish the revised final RGs before April 2024.
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DG-5082
- DG-5082 is proposed Revision 1 to RG 5.87, Suspicious Activity Reports Under 10 CFR Part 73.
- The major change in this DG is revising guidance on contacting the Federal Aviation Administration (FAA) on suspicious aircraft events.
- Licensees should defer to the FAAs recommended applicable POC 8
DG-5082 (cont.)
- Appendix A, Sec. A-2.1, contains new guidance on establishing a 24/7 POC with the FAA.
- In several places in the DG language on applicable FAA local control tower is replaced with the more generic applicable FAA facility.
- Page 8 - clarified departure from standard order of precedence while obtaining additional information from the FAA on whether an activity is suspicious.
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DG-5082 (cont.)
- Page 17 - clarified that human performance errors are not considered suspicious activity.
- Page 18 - clarified language on manned versus unmanned aerial systems / aircraft.
- Page 21 - clarified that certain events at enrichment facilities in restricted areas are suspicious activities.
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DG-5082 (cont.)
- Page 16 (new issue) - normal vendor interactions (communications and queries) should not be considered suspicious activity.
- Page 20, position 5.7 (new issues)
- Example 1 - provide guidance on what should be considered willful actions.
- Example 3 - conflicts with 10 CFR 95.57(b)
[infractions are only recorded] - clarify 10 CFR 1215(f)(2) exception applies to both reports and records 11
DG-5081
- DG-5081 is proposed Revision 1 to RG 5.86, Preemption Authority, Enhanced Weapons Authority, and Firearms Background Checks.
- Page 10 - clarify that a licensee may directly apply for combined preemption authority and enhanced weapons authority without first applying for stand-alone preemption authority.
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DG-5081 (cont.)
- Page 15 - clarified security personnel not assigned armed duties do not require a firearms background check.
- Page 17 - clarified that onboarding activities may commence before a satisfactory firearms background check is received, but access to weapons is not allowed
- Page 18 (new issue) - remove exception to 72-hour notification if security officer identified
- Not consistent with 10 CFR 73.17(g)(1) text 13
DG-5081 (cont.)
- Page 20 - clarified requirements for security personnel to remove enhanced weapons from the licensees facility.
- Page 20 - clarified the date for removal of the preemption designation and confirmatory orders as 1/8/2024.
- Page 32, position 5 - clarified that security personnel who have access to enhanced weapons, but do not use them are not required to be trained and qualified on these weapons.
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DG-5081 (cont.)
- Page 36, example 19 - clarified requirements for firearms background checks for transferring security personnel.
- Page 40, position 6.5 - clarified break in service firearms background check provisions.
- Page 40, position 6.8 (new issue) - clarify when annual refresher training on disqualifying conditions and events must be accomplished initially before 1/7/2025.
- Current guidance provides flexibility to use any approach in the licensees approved T&Q plans.
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DG-5080
- DG-5080 is proposed Revision 3 to RG 5.62, Physical Security Event Notifications, Reports, and Records.
- Page 3, footnote 2 (no change) - timing of the Q&A workshop will remain after the close of the implementation period. Expected to include any exemptions extending the implementation period.
- Page 7 (new issue) - clarified that when issued this will be Revision 3 to RG 5.62 16
DG-5080 (cont.)
- Page 8, 15-min (new issue) - replace a security condition with an imminent or actual hostile action.
- Page 9, 15 min (new issue) - clarify that 15-min events apply to ISFSIs, MRSs, and GROAs, even if located at decommissioned reactors or productions facilities.
- Staff views the provisions of the final EWR supersede Bulletin 2005-02.
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DG-5080 (cont.)
- Page 15 - clarified that an individual monitoring a continuous communications channel may perform other non-impacting assigned duties.
- Page 35, position 16.1 - same resolution
- Page 15 (new issue) - clarify that a licensee may staff a continuous communications channel for a transportation event from a location it deems appropriate.
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DG-5080 (cont.)
- Page 15 (new issue) - clarify that an emergency declaration takes precedence over a 15-min security event notification.
- Page 15 (new issue) - clarify that the single communication option of two event notifications to the NRC HOC under 10 CFR 73.1200(s) is at a licensees discretion.
- Page 21-22, position 2 - revised to split in two and clarified a licensees ability to use existing processes to evaluate for malevolent intent.
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DG-5080 (cont.)
- Page 25, 15-min, example 4 - clarified applicable to within a facility, or in contact with, and removed site boundary language.
- Page 28, 1-hr - clarified reportability for
- All quantities of theft or diversion of SNM
- Human performance errors
- Page 29, 4-hr - clarified if an authorized weapon is recovered within 4 hours4.62963e-5 days <br />0.00111 hours <br />6.613757e-6 weeks <br />1.522e-6 months <br />, then record under 10 CFR 73.1210(f) 20
DG-5080 (cont.)
- Page 30, 4-hr - clarified law enforcement responses that are not reportable.
- Page 34, position 14 - clarified malevolent intent language consistent with revised approach in position 2.1.
- Page 39, example 9 - added example to clarify contraband and no malevolent intent is a recordable event under 10 CFR 73.1210.
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DG-5080 (cont.)
- Page 15, Emergency Declarations (new issue) - consider clarifying at licensee discretion and adding a cross reference to positions 7.3 and elimination of duplication guidance under 10 CFR 73.1200(s).
- Page 17, § 73.1205(c) (new issue) - 10 CFR 50.73 and 73.1205 can both use NRC Form 366, are similar, but are intended to be separate.
- 10 CFR 73.71(e) required written reports 22
DG-5080 (cont.)
- Page 17, § 73.1205(c) (new issue) - consider reference to NUREG 1022.
- Disagree - guidance needs to apply to Parts 70 and 72 licensees, not just Parts 50 and 52.
- Page 17 (new issue) - are duplicate reports required if event involves both 10 CFR 50.72 and 73.1200.
- Exception in 10 CFR 73.71(e) was not included in the final EWR - rulemaking likely needed to resolve
- Staff would also consider applicability to 10 CFR 70.50(c)(2) and 72.75(g) written follow-up reports.
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DG-5080 (cont.)
- Page 17, § 73.1205(c) (new issue) - root cause and conditions adverse to security language.
- As applicable language in 10 CFR 73.1205(c)(3) provides licensees sufficient flexibility to omit a root cause discussion, if considered appropriate.
- Considering replacing phrase conditions adverse to security with security-related conditions adverse to quality.
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DG-5080 (cont.)
- Page 17, § 73.1205(c) (new issue) - procedures important to security.
- Considering replacing phrase procedures important to security with security plans implementing procedures.
- Page 23, position 6 (new issue) - clarify whether weapons carried by vehicle operators or escorts are contraband
- Declared vs. undeclared considerations
- Include DOE Federal Agents and contractor armed escorts 25
Definition Issues
- Definition of Contraband
- NRC staff agrees that language in DG-5080 should be revised.
- However, this likely requires revision to this term in 10 CFR Chapter I.
- Impacts to 10 CFR 73.2 and 95.5.
- Staff is assessing how to best proceed
- Such a revision is significant enough to require notice and opportunity for comment.
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Definition Issues (cont.)
- Definition of Time of Discovery
- Industry has noted this definition is different than the previous definition in RG 5.76.
- However, staff is unclear on what impediment prevents industry from implementing the revised definition.
- The term cognizant individual appears to provide enough flexibility to licensees to define such personnel in security plan implementing procedures (e.g., security supervisors, managers, and licensed SROs).
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- Update definitions in NUREG-2203 in conjunction with a rulemaking to clarify terms such as contraband, credible, and time of discovery, as applicable.
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