ML24004A163
| ML24004A163 | |
| Person / Time | |
|---|---|
| Site: | Vallecitos Nuclear Center, 07000754 |
| Issue date: | 01/04/2024 |
| From: | Murray S GE Hitachi Nuclear Energy |
| To: | Office of Nuclear Material Safety and Safeguards, Office of Nuclear Reactor Regulation, Document Control Desk |
| References | |
| M240001 | |
| Download: ML24004A163 (1) | |
Text
GE Hitachi Nuclear Energy
- HITACHI Scott P. Murray
Manager, Facility Licensing
3901 Castle Hayne Road P.O. Box 780 Wilmington, NC 28402 USA
T (910) 819-5950 January 4, 2024 scott.murray@ge.com
M240001
Via Electronic Information Exchange
ATTN: Document Control Desk 10 CFR 73.5 U.S. Nuclear Regulatory Commission One White Flint North 11555 Rockville Pike Rockville, MD 20852
Nuclear Test Reactor (NTR)
License No. R-33 NRC Docket No. 50-73
Vallecitos Nuclear Center License No. SNM-960 NRC Docket No.70-754
Subject:
Vallecitos Nuclear Center (VNC) Request for Exemption from Enhanced Weapons, Firearms Background Checks, and Security Event Notifications Implementation
References:
- 1) Federal Register Notice, Vol. 88, No. 49, 3/14/23
- 2) Letter, Scott Murray (GEH) to NRC Document Control Desk, "Request for Exemption from Enhanced Weapons, Firearms Background Checks, and Security Event Notification Implementation, 12/11/23 (ML23345A081 ).
- 3) Telecom between NRC officials, including Mr. Jack Parrott and GEH Representatives, including Mr. Scott Murray held 12/19/23
On March 14, 2023, the Nuclear Regulatory Commission (NRC) noticed in the Federal Register, Final Rule, Enhanced Weapons, Firearms Background Checks, and Security Event Notifications (Refence 1 ). This final rule became effective April 13, 2023, with a compliance date of January 8, 2024.
In response to the publication of the final rule, the Vallecitos Nuclear Center (VNC)) performed a gap analysis to compare the new rule against current requirements, NRC endorsed documents,
and other guidance documents published by the NRC.
As we discussed on December 19, 2023 (Reference 3) and in accordance with 10 CFR 73.5,
VNC is requesting an exemption for several additional requirements in 10 CFR 73, Subpart T, "Security Notifications, Reports, and Recordkeeping". Based on NRC 's projected timeline for M240001 U.S. NRC January 4, 2024 Page 2 of 2
complet ion of revision to the applicable Regulatory Guides associated w ith this final rule, and the time necessary for VNC to go through the change management processes adequately to include the number of training weeks that will be required, VNC is requesting a new compliance date of Decembe r 31, 2024, o r 180 days after publicat ion of final Regulatory Guides, whichever is later.
The attachment to this letter provides the specific regulations applicable to VNC that are either ambiguous or incons istent with associated guidance. It also provides the rationale for the exemption request. The requested exemption is permissible under 10 CFR 73.5 because it is authorized by law, will not present an undue risk to the public health and safety, and is consistent with the common defense and security.
VNC requests approval of this exemption by January 31, 2024, so actions can be taken to ensure consistent and reliable reporting procedures. There are no regulatory commitments contained in this submittal.
If you have any questions or require additional information, please contact me at the above number.
Sincerely,
Scott Murray, Manag ~ £~
Facility Licensing *er {:?'"
Attachment:
VNC Request for Exemption from Specific Requirements in New Secur ity Rule
Cc :
D. Hardesty, NRR/DANU/UNPL J. Parrott, NMSS/DUWP/RDB
SPM 24-001 M240001 U.S. NRC January 4, 2024 Page 1 of 5
Attachment Request for Exemption from Specific Require m ents in New Security Rule
A. BACKGROUND
On March 14, 2023, the Nuclear Regulatory Commission (NRC) issued a Final Rule entitled "Enhanced Weapons, Firearms Background Checks, and Security Event Notifications." 1 This final rule became effective April 13, 2023, with a compliance date of January 8, 2024. The final rule contains several new elements such as :
- New terminology and associated requirements covering "conditions adverse to security"
- New definitions of the terms "contraband" and "time of discovery " in 10 CFR 73.2
- New point of contact requirements with the Federal Aviation Administration (FAA)
- Changes reporting requirements applicable to security events from :
o 1-hour notifications and 24-hour recording of security events To:
o 1-hour, 4-hour, 8-hour notifications and 24-hour recording of security events
Concurrently with the publication of the final rule, the NRC issued the following Regulatory Guides to support the implementation requirements set forth in the final rule:
- 5.62, "Physical Security Event Notifications, Reports, and Records," Revision 2
- 5.86, "Enhanced Weapons Authority, Preemption Authority, and Firearms Background Checks, " Revision 0
- 5.87, "Suspicious Activity Reports," Revision 0
During the August 23, 2023, public meeting, the NRC recognized there are ambiguities and inconsistencies contained in the final rule language and associated guidance. The discussed revision date for clarifying guidance publication was April 2024, which is 3 months after the compliance date of January 8, 2024. Additionally, the NRC recognized the need for rulemaking to address several issues with the final rule language.
B. BASIS FOR EXEMPTION REQUEST
10 CFR 73.5 allows the Commission to grant exemptions from the requirements of Part 73 "as it determines are authorized by law and will not endanger life or property or the common defense and security and are otherwise in the public interest." As explained below, this exemption request meets the criteria provided in section 73.5.
VNC has identified several issues in the final rule and the supporting Regulatory Guides that require clarification from the NRC in order for VNC to successfully implement the requirements. As mentioned above, the NRC is currently developing a resolution for
1 "Enhanced Weapons, Firearms Background Checks, and Security Event Notifications; Final rule and guidance," 88 Fed. Reg. 15864 (March 14, 2023).
M240001 U.S. NRC January 4, 2024 Page 2 of 5
code language issues and addressing guidance revisions. The NRC plans to issue additional guidance in April 2024, 3 months after the compliance date of January 8, 2024. Without additional guidance, enforcement relief, and/or the approval of this exemption, it is likely that VNC will need to make changes to its processes twice - once to come into compliance with its own interpretation of the final rule (without the benefit of the additional guidance being developed by NRC, and again once the additional guidance is issued. The ambiguity and conflict created by the final rule language and existing guidance, which is described below, could result in unnecessary confusion and distraction that detract from the current high level of assurance provided by VNC's existing physical security program. Thus, VNC does not believe implementation of the final rule prior to issuance of additional clarifying guidance, at a minimum, is in the best interest of the public.
In accordance with 1 0 CFR 73.5, VNC is requesting an exemption from several specific requirements in 10 CFR Part 73, Subpart T, "Security Notifications, Reports, and Recordkeeping, " including 10 CFR 73.1200(c) through 10 CFR 73.1200(h), "Notification of Physical Security Events," 10 CFR 73.1205(a) through 10 CFR 73. 1205(e), "Written Follow-up Reports of Physical Security Events, " 10 CFR 73.121 0(a) through10 CFR 73.1 21 0(h), "Record keeping of Physical Security Events," and 10 CFR 73.1215(a) through 10 CFR 73.1215(f), "Suspicious Activity Reports," until the later of December 31,
2024, or 180 days after publication of the final Regulatory Guides.
VNC is also requesting an exemption from using the definition for the term "Contraband,"
as recently revised in 10 CFR 73.2, "Definitions," until the later of December 31, 2024, or 180 days after publication of the final Regulatory Guides. The exemption would not apply to the definitions of those terms that were in effect prior to the issuance of the 2023 revisions.
VNC has identified several issues in the final rule and the supporting Regulatory Guides that require clarification from the NRC in order for VNC to successfully implement the requirements.
For example:
- 1) The final rule at 73.2(a) defines contraband as unauthorized firearms, explosives, incendiaries, or other dangerous materials (e.g., disease causing agents). It goes on to state contraband items are banned from a licensee's protected area, vital area, materials access area and controlled access area.
However, RG 5.62, Rev 2, Section C, Regulatory Guidance position 6 only lists a licensee' s PA, VA, or MM.
- 2) The final rule FRN describes the applicability of new notification requirements for physical security events in 73. 1200(c) (page 15873) applies to hot cell facilities subject to 1 0 CFR 73.50.
M240001 U.S. NRC January 4, 2024 Page 3 of 5
However, RG 5.62, Rev 2, applicability section on pages 10 and 11 states "hot cell facilities (for examination of irradiated SNM and SNF and HLW) " without specifying a regulatory requirement.
- 3) The final rule at 73. 1200(c)(1 )(i)(B) requires a report of significant damage to a facility storing or disposing of SNF and/or HLW,
However, RG 5.62, Rev 2, applicability section on pages 10 and 11 lists only hot cell facilities, ISFSls, MRSs and GROAs.
- 4) The final rule at 73.1205(c)(3)(viii) and RG 5.62, Rev 2, Page 17 both use a term "procedure important to safety ". The term is undefined and ambiguous.
- 5) The final rule at 73.1215(c)(3)(iv) and 73. 1215(c)(5)(ii) both state to report suspicious aircraft activity to the local FM control tower.
However, RG 5.87. Rev 0, Appendix A, Section A-2. 1 recommends different FM contacts which are not the local FM control tower.
- 6) The final rule at 73.2(a) and RG 5.62, Rev 2, Page 22 both use the term "contraband ". The term was not defined in the in the prior versions of 73.2. The RG restates the new definition of contraband to mean unauthorized firearms, explosives, incendiaries, or other dangerous materials (e.g., disease causing agents) that can cause acts of sabotage against a facility. The RG does not include a discussion or clarification on what constitutes "other dangerous materials" or "disease causing agents ".
The ambiguities in the final rule and inconsistencies created by supporting guidance unnecessarily create the potential for confusion and human performance error during the final rule implementation.
C. CONSIDERATIONS FOR EXEMPTION
As highlighted in the selected examples above, VNC moving towards a compliance date of January 8, 2023, without full clarity on key parts of the final rule would result in an inadequate implementation. Unknown success path towards compliance of the final rule, as written, in current code language ; along with the conflict and confusion the published, publicly available, stated positions of the NRC, are key elements for this request. VNC would find themselves in a situation where the modification to security programs and procedures would be required at least twice, based on interpretation of this new rule. VNC is requesting the following considerations be taken into account during review of this request:
- VNC will continue to comply with the confirmatory orders that were issued post 9/11.
- VNC is currently complying with security event reporting under Part 73, and this will not change in the interim until the new compliance date and allow for final RG issuance.
- VNC is currently capable of making voluntary reports of suspicious activities, and this will not change in the interim until the new compliance date and allow for final RG issuance.
M240001 U.S. NRG January 4, 2024 Page 4 of 5
- VNC believes the burden associated with rework is unnecessary while we await final clarity with publication of associated Regulatory Guides. Examples of where rework will be required are:
o Revisions of associated procedures/processes, job aids, training materials and lesson plans that are used to describe and elaborate on reporting requirements.
o The re-training of impacted personnel with updated information contained within the revised guidance documents:
Security Regulatory/Compliance
- Operations
D. JUSTIFICATION FOR EXEMPTION
Based on NRC's projected timeline for completion of revision to the applicable Regulatory Guides associated with this final rule, VNC is requesting a new compliance date of December 31, 2024, or 180 days after publication of final Regulatory Guides, whichever is later.
As stated above, VNC will continue to implement its security programs as documented.
Since they have been reviewed and approved by the NRC, the NRC has deemed VNC's security programs provide reasonable assurance of safety and security. The delay in implementation of the final rule will not impact proper implementation of current security programs and will ensure that the final rule is effectively implemented. Thus, granting of this exemption will not endanger the life or property or common defense and security.
Implementation of the final rule without further interface, clarity, and refined guidance may result in unintended consequences which could reduce the effectiveness of the current security programs. Therefore, it is in the public 's interest that VNC 's security programs and associated procedures/processes comprehensively and accurately implement the regulation and guidance documents once resolution of identified issues has been obtained.
The granting of this exemption would not violate the Atomic Energy Act, as the compliance date for the final rule is not required nor specified in the AEA as amended,
any provisions of the Commission 's regulations, or any other legally binding requirements imposed by the Commission.
Thus, issuance of this exemption request would be consistent with 10 CFR 73.5 because it is "authorized by law and will not endanger life or property or the common defense and security and [is] otherwise in the public interest."
E. ENVIRONMENTAL ASSESSMENT
VNC is requesting a n exemption from several specific requirements in the Enhanced Weapons, Firearms Background Checks, and Secur ity Event Notifications. The following information is provided in support of an environmental assessment and finding of no significant impact for the proposed exempt ion.
M240001 U.S. NRC January 4, 2024 Page 5 of 5
VNC has determined that the exemption involves no significant increase in the amounts,
and no significant change in the types, of any effluents that may be released offsite; that there is no significant increase in individual or cumulative public or occupational radiation exposure ; that there is no construction impact; and there is no significant increase in the potential for or consequences from a radiological accident. Accordingly, the proposed one-time exemption meets the eligibility criteria for categorical exclusion set forth in 10 CFR 51.22(c)(25). Pursuant to 10 CFR 51.22(b), no environmental impact statement or environmental assessment need be prepared in connection with the issuance of this proposed exemption request.