ML25043A223
| ML25043A223 | |
| Person / Time | |
|---|---|
| Issue date: | 03/27/2025 |
| From: | Jose Vasquez NRC/NSIR/DPCP/AAFPB |
| To: | |
| Shared Package | |
| ML25043A216 | List: |
| References | |
| ML25043A216 | |
| Download: ML25043A223 (6) | |
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REAL ID ACT - NRC FREQUENTLY ASKED QUESTIONS How does the REAL ID Act of 2005 (REAL ID Act) affect nuclear power plants licensed by the U.S. Nuclear Regulatory Commission (NRC)?
The REAL ID Act and U.S. Department of Homeland Security (DHS) implementing regulations in 6 CFR Part 37 prohibit Federal agencies from accepting non-compliant State issued drivers licenses and identification cards (DL/IDs) to verify the identity of individuals entering nuclear power plants. In accordance with the REAL ID Act and DHS regulations, the NRC will no longer be able to consider non-compliant State-issued DL/IDs to be an acceptable form of identification to be used for the purpose of accessing nuclear power plants in accordance with licensee programs subject to NRC regulations and applicable guidance.
Which NRC-licensed facilities do the REAL ID Act requirements apply to?
Nuclear power plants licensed under Title 10 of the Code of Federal Regulations (10 CFR)
Part 50, Domestic Licensing of Production and Utilization Facilities, or 10 CFR Part 52, Licenses, Certifications, and Approvals for Nuclear Power Plants. The REAL ID Act requirements do not apply to any nuclear power plant for which the licensee has permanently ceased operation, removed all fuel from the reactor core, and submitted to the NRC a written certification under 10 CFR 50.82(a)(1) or 10 CFR 52.110(a).
What Federal agency will enforce the REAL ID Act requirements for State-issued DL/IDs used as identification for purposes of entering commercial nuclear power plants?
The NRC will enforce the REAL ID Act requirements through the enforcement of NRC access control and access authorization regulations under 10 CFR Part 73.
Through its baseline access authorization and access controls inspections, the NRC is responsible for reviewing the types/categories of credentials that licensees accept to verify the identity of individuals seeking unescorted or escorted entry into NRC-licensed nuclear power plants. These credentials may include State-issued DL/IDs.
What information source(s) does the NRC recommend licensees use to obtain information on current REAL ID compliant State-issued DL/IDs?
DHS maintains a centralized repository of information on the website:
The DHS website includes frequently asked questions and an email subscription service that provides news and updates.
Questions may also be sent to the Transportation Security Administration (TSA) at:
TSA-ContactCenter@tsa.dhs.gov.
REAL ID ACT - NRC FREQUENTLY ASKED QUESTIONS 2
When will the NRC begin enforcing the use of REAL ID compliant state-issued ID/DLs at nuclear power plants?
Under its phased enforcement plan (implemented in accordance with the DHS final rule issued on January 14, 2025), the NRC will begin card-based enforcement of the REAL ID Act requirements at NRC-licensed nuclear power plants on May 5, 2027.
How will the NRC publish its REAL ID Act phased enforcement plan?
The NRC will make its phased enforcement plan available on the NRCs public web page.
Why is the NRC using a phased enforcement plan to implement the REAL ID Act requirements? Why isnt the NRC beginning card-based enforcement on May 7, 2025, the date originally specified in the DHS regulations?
Under the DHS final rule issued on January 14, 2025, the NRCs decision to consider a phased enforcement plan must be based on relevant factors including security, operational feasibility, and public impact.
Industry stakeholders have expressed concerns regarding the readiness to meet these REAL ID Act requirements with respect to licensee, contractor, and vendor personnel who support maintenance and refueling outages. These concerns include potential staffing and operational challenges should the May 7, 2025, deadline be maintained. The NRCs implementation of its phased enforcement plan will provide sufficient time for licensees, contractors, and vendors to make 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 to enter a nuclear power plant.
Furthermore, the personnel access authorization (10 CFR 73.56) and physical security (10 CFR 73.55) requirements 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 phased enforcement plan will not pose an undue risk to licensees and the public.
Do NRC regulations require an individual to present a photo ID in the form of a State-issued DL/ID to a licensee that is considering that individual for unescorted access (UA) to a protected (PA) or vital area (VA) of a nuclear power plant?
No, other forms of photo ID may also be used.
The NRCs regulations in 10 CFR 73.56, Personnel access authorization requirements for nuclear power plants, require a background investigation to be performed in order to grant an individual UA to a PA or VA. This investigation includes the verification of true identity under 10 CFR 73.56(d)(3). For this verification, the NRC has endorsed industry guidance, NEI 03-01, Nuclear Power Plant Access Authorization Program, Revision 3, which includes an acceptable methodology for meeting the 10 CFR 73.56(d)(3) requirements. The process described in this guidance includes, in part, comparing a valid official photo ID (such as a drivers license or other government issued ID) with physical characteristics of an individual when verifying that individuals identity. The type of photo ID to be used, however, is not limited to State-issued DL/IDs.
REAL ID ACT - NRC FREQUENTLY ASKED QUESTIONS 3
Do NRC regulations require a State-issued DL/ID to be used to confirm the identity of an escorted visitor that will access a PA or VA of a nuclear power plant?
No, other forms of ID may also be used.
The NRC regulations in 10 CFR 73.55, Requirements for physical protection of licensed activities in nuclear power reactors against radiological sabotage, include requirements for granting escorted access to PAs and VA. Under 10 CFR 73.55(g)(7)(i)(B), licensees are required to confirm the identity of each visitor through physical presentation of a recognized ID card issued by a local, State, or Federal government agency that includes a photo or contains physical characteristics of the individual requesting escorted access. The type of ID card to be used, however, is not limited to State-issued DL/IDs.
For individuals currently maintaining UA or certified unescorted access authorization (UAA), will a licensee who has already accepted a State-issued DL/ID that is not REAL ID compliant and has already granted UA or certified UAA prior to May 5, 2027, be required to reconsider the determination for each individual?
No, a retrospective review of access determinations for individuals that currently maintain UA or certified UAA is not needed. If, however, an individual applies for UA or UAA at another nuclear power plant, and if a State-issued DL/ID is relied upon as part of the process, then that State-issued DL/ID will need to be REAL ID compliant (after card-based enforcement begins on May 7, 2027).
- Will a REAL ID compliant DL/ID be needed when a licensee conducts 3-year and 5-year reinvestigations under 10 CFR 73.56(i)(1)(v)?
Not necessarily. The reinvestigation process requires a criminal history and credit check update. There is no NRC requirement to re-confirm the identity of an individual that is already known to a licensee. However, if a licensees reinvestigation process requires an individual to present a State-issued DL/ID, it will need to be REAL ID compliant (after card-based enforcement begins on May 7, 2027).
How will the NRC evaluate the acceptance of State-issued DL/IDs by a licensee for purposes of granting UA or certifying UAA to a nuclear power plant under 10 CFR 73.56, or for the purposes of verifying the identity of an escorted visitor under 10 CFR 73.55(g)(7)?
The NRC will evaluate licensee compliance under its baseline inspection procedures (after card-based enforcement begins on May 7, 2027).
If a nuclear power plant licensees implementing procedures for background investigations and access controls include the use of State-issued DL/IDs, the NRC inspection process will evaluate whether the licensees procedures include adequate provisions to ensure that State-issued DL/IDs are REAL ID-compliant, as well as the licensees adherence to those procedural requirements.
The NRC inspects licensees access authorization and background investigation processes associated with granting UA and certifying UAA under two inspection requirements in NRC
REAL ID ACT - NRC FREQUENTLY ASKED QUESTIONS 4
inspection procedure (IP) 71130.01, Access Authorization (ML23275A142). The NRC inspects how nuclear power plant licensees verify the identities of escorted visitors using NRC IP 71130.02, Access Controls (ML23040A291; nonpublic, OUO-SRI).
Currently, neither IP includes specific guidance or instruction on reviewing State-issued DL/IDs if used for the purposes of granting UA or certifying UAA. For this reason, the NRC plans to issue a revision to IP 71130.01 and IP 71130.02 before commencing with card-based enforcement of REAL ID Act requirements.
What process will the NRC follow if it receives an allegation that a nuclear power plant licensee is accepting State-issued DL/IDs that are not REAL ID compliant?
NRC Management Directive 8.8, Management of Allegations (ML102110541) details the process that is followed for tracking and resolving allegations. The NRC Office of Public Affairs also has published a Backgrounder on the NRC allegations process (ML033650134).
Who will enforce the violation if an NRC licensee accepts a non-compliant State-issued DL/ID for the purpose of entering a nuclear power plant?
After card-based enforcement begins on May 7, 2027, the NRC will enforce violations of the applicable requirements in 10 CFR 73.55(g)(7) and 10 CFR 73.56(d)(3), as well as deviations from site security procedures that require the use of recognized/valid identification in establishing an individuals identity.
What is the potential penalty for violations of NRC regulations?
The NRC Enforcement Policy details the process by which a violation of an NRC regulation is dispositioned. The policy was last updated on August 23, 2024 (ML24205A249).
Has DHS provided guidance on the 6 CFR Part 37 requirements specific to use of State-issued DL/IDs for entry into nuclear power plants?
In the January 29, 2008, Minimum Standards for Drivers Licenses and Identification Cards Acceptable by Federal Agencies for Official Purposes final rule (73 FR 5272) that established 6 CFR Part 37, DHS summarized and responded to several public comments received on the March 9, 2007, proposed rule (72 FR 10820) specific to nuclear power plants. This final rule included the following description of the comments received:
A commenter mentioned that an access authorization program supervised by the Nuclear Regulatory Commission is already in place. One commenter wrote that while commercial nuclear power plants are licensed by the NRC, they are privately owned and operated and security is the responsibility of the owner/
operator, not the Federal government; therefore, they should be exempted from the final rule requirements.
DHS responded to the public comments as follows:
Since the REAL ID Act specifically included access to a nuclear facility as an example of an official purpose, DHS cannot simply exempt nuclear power plants from the scope of the rules. DHS agrees with the commenter that access authorization programs
REAL ID ACT - NRC FREQUENTLY ASKED QUESTIONS 5
supervised by the Nuclear Regulatory Commission may provide sufficient safeguards concerning access to nuclear facilities. The NRC-supervised programs may set forth alternative procedures or acceptable forms of identification for persons seeking access to a nuclear facility; however, if an individual is presenting a drivers license or State-issued identification card, it must be REAL ID-compliant pursuant to the REAL ID Act.
If an employee currently maintaining UA loses their badge or needs to be re-enrolled in biometrics, the procedures at some nuclear power plants require that the employees access authorization file be reviewed to verify the employees identity.
Will this practice still be acceptable if a REAL ID compliant DL/ID for that employee is not in the file history?
If the employee currently maintains UA to the nuclear power plant, and if the sites procedures do not require the presentation of a State-issued DL/ID in the event of a lost badge or to re-enroll in biometrics, then a retrospective review of the State-issued DL/ID used in the initial determination to grant UA will not be required.
If an individual is getting their hand geometry enrolled (or re-enrolled) as part of the site access control process at a nuclear power plant, will the individual have to present a REAL ID compliant State-issued DL/ID to Security?
For initial enrollments, if a State-issued DL/ID is presented as proof of identity, the DL/ID must be REAL ID compliant. For re-enrollments, if a licensees site procedures do not require the individual to present a State-issued DL/ID, and if the individuals UA at the site has been maintained since initial enrollment, then a retrospective review of the DL/ID used to grant UA will not be required.
For purposes of community engagement activities at a nuclear power plant, such as family visits or student tours of the plant, will escorted visitors who are minors be required to present a REAL ID compliant form of photo ID?
No, minors (i.e., individuals under the age of 18) are not required to present photo ID for the purposes of escorted access, so long as they are accompanied by an adult (age 18 or older). However, any adult that accompanies a minor must present an acceptable form of ID.
If equipment at a nuclear power plant that is used for processing access to a vital area (e.g., badge, badge reader, hand geometry) is non-functional, and the sites procedures require a photo ID to be used to verify the individuals identity, will the photo ID need to be REAL ID compliant?
No. The REAL ID Act applies to the use of State-issued DL/IDs for the purpose of entering nuclear power plants. In the case of a vital area within the site protected area, an individual attempting to enter the vital area would have already entered the nuclear power plant (i.e.,
when they entered into the protected area). As such, a REAL ID compliant form of photo ID will not be needed when entering a vital area within the site protected area.
REAL ID ACT - NRC FREQUENTLY ASKED QUESTIONS 6
If an individual has misplaced or lost their access credential (company-issued badge) for entrance into vital areas, will a REAL ID compliant photo ID be required to identify the individual before permitting access?
If the individual currently maintains unescorted access to the protected area and is currently on the vital area access list that is required under 10 CFR 73.56(j), a REAL ID compliant State-issued DL/ID will not be required.
Can a mobile drivers license be used for the purpose of entering a nuclear power plant?
Yes, but only if the applicable requirements established by DHS are met. (For example, an mDL reader must be used to retrieve and validate mDL data.)
The REAL ID Modernization Act of 2020 clarified that the REAL ID Act applies to State-issued mobile drivers licenses and mobile ID cards (collectively "mDLs"). An mDL is a digital representation of a state-issued physical drivers license that is typically installed through an application on a users smartphone and stored in a digital wallet (similar to how a digital representation of a physical credit card can be maintained on a smartphone). The information from the digital wallet is read after the smartphone is either tapped against an mDL reader or scanned under a reader to establish the validity of the mDL and the persons identity.
On October 25, 2024, TSA published a final rule titled, Minimum Standards for Drivers Licenses and Identification Cards Acceptable by Federal Agencies for Official Purposes; Waiver for Mobile Drivers Licenses (89 FR 85340). This rule amended the REAL ID Act regulations in 6 CFR Part 37, REAL ID Drivers Licenses and Identification Cards, and became effective on November 25, 2024.
The final rule established a temporary waiver process that permits Federal agencies to accept mDLs for official purposes, on an interim basis, when card-based REAL ID enforcement begins, but only if TSA has issued a waiver to the state issuing the mDL.
Furthermore, an mDL reader must be used to retrieve and validate mDL data, as required by standard ISO/IEC 18013-5:2021(E).
Additional information is available at the TSA website: https://www.tsa.gov/digital-id.