Information Notice 2025-02, Implementation of the Real Id Act of 2005 and Considerations for NRC Nuclear Power Plant Licensees
| ML25043A220 | |
| Person / Time | |
|---|---|
| Issue date: | 03/28/2025 |
| From: | Russell Felts, John Mckirgan Office of Nuclear Reactor Regulation, NRC/NSIR/DPCP/AAFPB |
| To: | |
| Shared Package | |
| ML25043A216 | List: |
| References | |
| ML25043A216, IN 2025-02 | |
| Download: ML25043A220 (5) | |
UNITED STATES
NUCLEAR REGULATORY COMMISSION
OFFICE OF NUCLEAR SECURITY AND INCIDENT RESPONSE
OFFICE OF NUCLEAR REACTOR REGULATION
WASHINGTON, D.C. 20555-0001
March 28, 2025
NRC INFORMATION NOTICE 2025-02:
IMPLEMENTATION OF THE REAL ID ACT OF
2005 AND CONSIDERATIONS FOR THE U.S.
NUCLEAR REGULATORY COMMISSION
NUCLEAR POWER PLANT LICENSEES
ADDRESSEES
All holders of and applicants for a power reactor operating license under Title 10 of the Code of
Federal Regulations (10 CFR) Part 50, Domestic Licensing of Production and Utilization
Facilities.
All holders of and applicants for a power reactor combined license under 10 CFR Part 52, Licenses, Certifications, and Approvals for Nuclear Power Plants.
PURPOSE
The U.S. Nuclear Regulatory Commission (NRC) is issuing this information notice (IN) to
remind licensees and applicants of the requirements of the REAL ID Act of 2005 (the REAL ID
Act)1 and its applicability to NRC regulations and guidance associated with personnel access
authorization programs for nuclear power plants. This IN also conveys the NRCs decision to
implement a phased enforcement plan, under which the NRC will not begin full card-based
enforcement of REAL ID Act requirements at nuclear power plants until May 5, 2027.
The information contained in this IN does not constitute a new NRC requirement; therefore, no
specific action or written response is required. It is expected that recipients of this IN will
review the information for applicability to their facilities.
The REAL ID Act is administered by the U.S. Department of Homeland Security (DHS), which
has established regulations2 implementing the requirements of the Act. Information regarding
these requirements can be found on the DHS public website at https://www.dhs.gov/real- id/about-real-id.
DESCRIPTION OF CIRCUMSTANCES
The REAL ID Act and DHS implementing regulations include a deadline for full enforcement of
card-based requirements, after which any State-issued drivers license or identification (ID)
card that is accepted for the purposes of entering a nuclear power plant must be REAL ID
compliant. The deadline for agencies to begin enforcing the requirements of the REAL ID Act
is May 7, 2025, notwithstanding an agencys decision to use a phased enforcement plan.
1 Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief,
2005, Pub. L. No. 109-13, 119 Stat. 232 (2005), Division BReal ID Act of 2005, Title II: Improved Security
for Drivers Licenses and Personal Identification Cards.
2 See 6 CFR 37.5, Validity periods and deadlines for REAL ID drivers licenses and identification cards. The NRC has become aware of industry concerns regarding the readiness to meet these
REAL ID Act requirements with respect to licensee, contractor, and vendor personnel who will
support upcoming maintenance and refueling outages, given that a significant number of these
personnel may not yet possess a compliant form of ID. This could lead to staffing issues, delay
outage activities, or challenge continued plant operations.
BACKGROUND
The REAL ID Act, enacted in 2005, codified the 9-11 Commissions recommendation that the
Federal Government set standards for the issuance of sources of identification, such as
drivers licenses and identification cards.3 These standards are designed to improve the
reliability of certain State-issued documents and to determine with greater accuracy whether
individuals presenting a drivers license or ID card for official purposes, including entering
nuclear power plants, are who they say they are.
The NRCs personnel access authorization and physical security regulations4 require
licensees, contractors, and vendors to verify the identity of individuals when granting access to
nuclear power plants. The identity verification process, in part, requires licensees to confirm
the identity of individuals seeking access to nuclear power plants by means of a recognized ID
card issued by a local, State, or Federal Government agency. The recognized ID card must
include a photo or a description of the individuals physical characteristics, or both. The NRCs
requirements and endorsed implementing guidance do not mandate the use of State-issued
drivers licenses or ID cards. Alternative acceptable forms of ID include (but are not limited to)
a U.S. passport or U.S. passport card, permanent resident card, or military ID.
On January 14, 2025, DHS published a final rule5 enabling Federal agencies to implement a
phased enforcement plan, under which they would not be required to achieve full enforcement
of REAL ID Act requirements until May 5, 2027. To implement a phased enforcement plan, an
agency must coordinate its plan with DHS and make its phased enforcement plan publicly
available.
DISCUSSION
Under the DHS final rule, the NRCs decision to consider a phased enforcement plan must be
based on relevant factors including security, operational feasibility, and public impact. Absent
the NRCs use of a phased enforcement plan, the card-based REAL ID Act requirements would
need to be enforced at nuclear power plants beginning on May 7, 2025.
While the NRC expects licensees, contractors, and vendors to take appropriate action to comply
with REAL ID Act requirements and associated implementation dates, the agency recognizes
that industry stakeholders have expressed legitimate concerns regarding the readiness (in the
short-term) to meet these REAL ID Act requirements with respect to licensee, contractor, and
vendor personnel who support maintenance and refueling outages. These concerns include
3 Information on the National Commission on Terrorist Attacks Upon the United States (also known as the
9-11 Commission) can be found at https://www.9-11commission.gov.
4
10 CFR 73.55, Requirements for physical protection of licensed activities in nuclear power reactors against
radiological sabotage, and 10 CFR 73.56, Personnel access authorization requirements for nuclear power
plants.
5 Minimum Standards for Drivers Licenses and Identification Cards Acceptable by Federal Agencies for
Official
Purpose
s; Phased Approach for Card-Based Enforcement (90 FR 3472). potential staffing and operational challenges should the May 7, 2025, deadline be maintained.
The NRCs implementation of a phased enforcement plan would provide sufficient time for
licensees, contractors, and vendors to make any changes to procedures if needed, conduct
training as appropriate, and communicate with personnel regarding the need to obtain and
possess a compliant form of ID.
The NRCs personnel access authorization and physical security requirements, as implemented
through licensee programs, are robust and include defense-in-depth measures to provide
appropriate control of individuals entering nuclear power plants. This factor is important to
ensuring that the NRCs decision to use a phased enforcement plan will not pose an undue risk
to licensees and the public.
Based on these considerations, and consistent with 6 CFR 37.5(d), the NRC has decided to
implement a phased enforcement plan, under which the agency will not begin card-based
enforcement of REAL ID Act requirements at nuclear power plants until May 5, 2027. After this
date, State-issued drivers licenses and ID cards must meet the requirements established in the
REAL ID Act if they are to be considered valid and acceptable by licensees, contractors, and
vendors for the purposes of permitting entry into an NRC-licensed nuclear power plant.
It is important to note that the NRCs use of a phased enforcement plan is not an exercise of
enforcement discretion pursuant to Section 3 of the NRC Enforcement Policy. Under the
phased enforcement plan, the NRC will consider licensees who accept State-issued ID that is
not REAL ID-compliant for entry into the nuclear power plant as continuing to be in compliance
with the applicable NRC identification-verification requirements until the phased enforcement
date of May 5, 2027.
Consistent with Federal requirements and associated guidance, licensees, contractors, and
vendors may continue to use other forms of valid official photo ID (such as a U.S. passport, U.S. passport card, or military ID) to verify the identity of individuals requesting to enter a
nuclear power plant. Additional information on the REAL ID Act, its applicability to NRC
requirements, and alternative acceptable forms of ID can be found within the NRCs
presentation materials discussed at the public meeting held on October 30, 2024 (Agency
Documents Access and Management System Accession No. ML24302A252), and within a
question-and-answer document that has been developed by the NRC staff to address
stakeholder questions (ML25043A223).
The NRC is coordinating its phased enforcement plan with DHS and will make its plan available
on the agencys public website.
CONTACT
This IN requires no specific action or written response. If you have any questions about this matter, please contact the technical staff listed below or the appropriate NRC regional office.
/RA/
/RA/
Russel T. Felts, Director
John McKirgan, Director
Division of Reactor Oversight
Division of Physical & Cyber Security Policy
Office of Nuclear Reactor Regulation
Office of Nuclear Security and Incident Response
Technical Contacts:
(301) 287-0638
Email: Brian.Zaleski@nrc.gov
Brad Baxter, NSIR
(301) 287-3615
Email: Brad.Baxter@nrc.gov
Note: NRC generic communications may be found on the NRC public website, https://www.nrc.gov, under NRC Library/Document Collections.