ML24082A267
| ML24082A267 | |
| Person / Time | |
|---|---|
| Site: | 07007033 |
| Issue date: | 03/29/2024 |
| From: | Matt Bartlett NRC/NMSS/DFM/FFLB |
| To: | Lav S NRC/NMSS/DFM/FFLB |
| Shared Package | |
| ML24082A265 | List: |
| References | |
| Download: ML24082A267 (3) | |
Text
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 MEMORANDUM TO:
Samantha Lav, Chief Fuel Facility Licensing Branch Division of Fuel Management Office of Nuclear Material Safety and Safeguards FROM:
Matt Bartlett, Sr. Project Manager Fuel Facility Licensing Branch Division of Fuel Management Office of Nuclear Material Safety and Safeguards
SUBJECT:
SUMMARY
OF MEETING ON FEBRUARY 29, 2024, WITH GLOBAL LASER ENRICHMENT, LLC AND GLOBAL NUCLEAR FUELS, LLC, FOR CLARIFICATION ON 4-HOUR REPORTING OF CONTRABAND FOR FUEL CYCLE FACILITIES The U.S. Nuclear Regulatory Commission (NRC) hosted a call with representatives from Global Laser Enrichment, LLC (GLE) and Global Nuclear Fuels - America, LLC (GNF-A) to discuss the reporting requirements for contraband entering a restricted area. GLE operates a test loop within the controlled access area for GNF-A. The GLE facility has additional security requirements because they have a facility clearance under Title 10 of the Code of Federal Regulations (10 CFR) Part 95. Both GLE and GNF-A requested clarification on the 4-hour reporting requirements for fuel cycle facilities under 10 CFR 73. This question came up following a GLE non-public report to the NRC listed as event number 56985 and dated February 21, 2024.
GLE and GNF-A requested written clarification on the reporting requirements in 10 CFR 73.1200(e) for contraband, which includes the following requirements:
(e)Four-hour notificationsfacilities. (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 (i) The actual access of an unauthorized person into a facilitys protected area (PA),
vital area (VA), material access area (MAA), or controlled access area (CAA);
(ii) The attempted access of an unauthorized person into a PA, VA, MAA, or CAA; (iii) The actual introduction of contraband into a PA, VA, or MAA; (iv) The attempted introduction of contraband into a PA, VA, or MAA; and (v) (v)(A) The discovery that a weapon that is authorized by the licensees security plan is lost or uncontrolled within a PA, VA, or MAA; CONTACT: Matt Bartlett, NMSS/DFM 301-415-7154 March 29, 2024 Signed by Bartlett, Matthew on 03/29/24
S. Lav 2
The NRC staff noted that GLE operates under the GNF-A special nuclear material (SNM) license SNM-1097. This license authorizes possession for SNM of low strategic significance, which is designated as material for a category III facility. These types of facilities, including GNF-A and GLE, have controlled access areas, but do not have a PA, VA, or MAA.
The GNF-A staff requested clarity on what constitutes an MAA, since the definition in 10 CFR 73.2 seems high level and only indicates a protective barrier. Since GLE has additional barriers in place to support their facility security clearance, GNF-A questioned if this meets the criteria of an MAA.
The NRC staff provided clarification that PAs, VAs, and MAAs are not required for category III fuel cycle facilities. Although a category III facility could voluntarily commit to a PA or MAA, the NRC staff is not aware of any such voluntary commitments for category III fuel cycle facilities.
The PA and VA are required for power reactors, and the PA and MAA are required for category I fuel cycle facilities with a formula quantity of strategic SNM. The NRC staff also noted that although the definition of an MAA is very high level in 10 CFR 73.2, the full regulatory requirements for a PA, VA, and MAA are distributed throughout the regulations for specific types of facilities (e.g., 10 CFR 73.46). Therefore, the NRC staff clarified that the 4-hour reporting requirements in 10 CFR 70.1200(e)(1)(iii) would not apply to GLE or GNF-A under the existing category III SNM-1097 license because the license does not include a commitment to have a PA, VA, or MAA.
GLE and GNF-A requested the NRC provide additional guidance on the reporting requirements in 10 CFR 73. The NRC staff indicated a Revision 3 to Regulatory Guide 5.62 (on event notifications) is under development and the NRC staff would consider incorporating additional guidance on events that are reportable or recordable under 10 CFR 95.57(a) or (b).
The NRC staff also noted that since GLE made an event notification under 10 CFR 73.1200, they need to either submit a written follow-up report within 60 days under 10 CFR 73.1205 or retract the initial event notification under 10 CFR 73.1200(q).
The GLE staff pointed out that certain electronic items (e.g., cell phones) are allowed in the GNF-A CAA but they are prohibited as contraband from entering classified areas under the GLE facility security plan. The NRC staff agreed this assessment is accurate. The staff from the NRC, GLE, and GNF-A agreed that this meeting notice would serve as confirmation to GLE and GNF-A that they do not have a PA, VA, or MAA under the existing SNM-1097 license and as such, they are not subject to the 4-hour reporting requirements for contraband under 10 CFR 73.1200(e)(1)(iii).
Enclosure:
Participants list cc: gle@listmgr.nrc.gov gnfa@listmgr.nrc.gov
ML24082A265; Memo ML24082A267 OFFICE NMSS/DFM/FFLB NSIR/DPCP/MSB NMSS/DFM/FFLB NMSS/DFM/FFLB NAME MBartlett PBrochman JGoodridge SLav DATE Mar 26, 2024 Mar 26, 2024 Mar 27, 2024 Mar 28, 2024 OFFICE NMSS/DFM/FFLB NAME MBartlett DATE Mar 29, 2024