NRC Generic Letter 79-37, Amendment to 10 CFR 73.55 Deferral from 8/1/79 to 11/1/79

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August 10, 1973

Gentlemen:

RE: Amendment to 10 CFR 73.55

This letter is being sent to all licensees authorized to operate a nuclear power reactor and to all applicants with applications for a license to operate a power reactor to advise you that the Nuclear Regulatory Commission has recently published in the FEDERAL REGISTER an effective amendment to its regulation 10 CFR 73.55, "Requirements for Physical Protection of Licensed Activities in Nuclear Power Reactors Against Industrial Sabotage." Enclosed is a copy of the FEDERAL REGISTER notice which is effective immediately on publication.

The amendment defers implementation of the physical search requirement of paragraph (d)

(1) for regular employees of a licensee, the two man rule and compartmentalization for protection against insider sabotage. The deferral for these measures is from August 1, 1979 to November 1, 1979. The deferral for the implementation of these measures applies to all security plans (submitted pursuant to 10 CFR 73.55) approved by the Commission's Staff as well as the security plans still under review.

This action does not alter the requirement for you to fully implement all other security systems, measures and procedures described in your 73.55 security plan.

Sincerely,

Harold R. Denton, Director Office of Nuclear Reactor Regulation

Enclosure: As Stated[7590-01]

Title 10 - Energy

CHAPTER I - NUCLEAR REGULATORY COMMISSION

PART 73 - PHYSICAL PROTECTION OF PLANTS AND MATERIALS

Requirements for the Physical Protection of Nuclear Power Plants

AGENCY: U S NUCLEAR REGULATORY COMMISSION

ACTION: Effective rule.

___________________________________________________________________________

SUMMARY: The date when pat-down searches of regular employees at nuclear

power plants, two-man rule procedures and additional compartmentalization have

to be implemented for protection against insider sabotage is being changed

from August 1, 1979 to November 1, 1979. the delay is being granted for

essentially the same reasons cited in the Federal Register notice of

February 28, 1979, 44 FR 11201. It was noted in 44 FR 11201 that the

Commission was awaiting the results of the Hearing Board Report on the

Material Access Authorization Program before a decision on the need for

patdown searches of regular employees at nuclear power plants, two man rule

procedures and compartmentalization could be made. The Commission received

this report April 1979, and is presently evaluating the recommendations of

this report.

EFFECTIVE DATE: August 15, 1979

FOR FURTHER INFORMATION

CONTACT

Mr. Robert A. Clark, Chief, Reactor Safeguards Licensing Branch, Office of Nuclear Reactor Regulations, U S Nuclear Regulatory Commission Washington, DC 20555, (301) 492-7230

SUPPLEMENTARY INFORMATION: On February 28, 1979 the Commission changed the

date from February 23, 1979 to August 1, 1979 when patdown searches of[7590-01]

regular employees of nuclear power plant licensees, two man rule procedures

and compartmentalization to provide protection against insider sabotage at

nuclear power plants had to be implemented. The rationale for this extension

was developed in the Federal Register notice on this subject, 44 FR 11201.

The primary reason for delaying implementation of these measures was that

the Commission needed to consider them in light of the material access

authorization program and was awaiting the findings of the Hearing Board

before making a decision on the measures. The Hearing Board submitted their

report to the Commission, April 1979, and the Commission is now evaluating the

findings. The Hearing Board recommendations were different from those of the

staff for nuclear power plants. That is, whereas the staff recommended a

material access authorization program consisting of a full field background

investigation for individuals granted unescorted access to Type I vital areas,

the Hearing Board recommended among other things a national agency check and a

psychological screening program. The staff has informed the Commission that

if the Hearing Board's recommendations are adopted the elements of this

program would require additional time to implement through rulemaking

procedure.

Clearly, more time will be needed to evaluate the Hearing Board's

recommendations. In the meantime all licensees have met all the other

requirements of section 73.55 and the Commission is satisfied that these other

measures combined with search procedures presently being followed, and other

actions being developed to assure more positive access control to type I vital

areas, will in total, for the interim, provide adequate protection against

sabotage by an insider at nuclear power plants. The

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Commission, therefore, has decided to delay from August 1, 1979 to November 1,

1979, the date when pat-down searches of regular employees and these other

complementary or alternatives measures to pat-down searches have to be

implemented.

The Commission has determined that this action is consistent with the common

defense and security and the protection of public health and safety. The

Commission has, for good cause found that notice and public procedure on this

amendment are unnecessary because of the earlier public participation in the

rulemaking proceeding leading to 10 CFR 73.55. The amendment is also made

effective immediately on publication in the FEDERAL REGISTER (date of

publication in the FEDERAL REGISTER) because it serves to relieve a

restriction that would otherwise be imposed on affected licensees of the

Commission on August 1, 1979.

Pursuant to the Atomic Energy Act of 1954, as amended, the Energy

Reorganization Act of 1974, as amended, and sections 552 and 553 of title 5 of

the United States Code, the following amendment to Title 10 Chapter I, Code of

Federal Regulations, Part 72 is published as a document subject to

codification.

73.55 [Amended]

1. Section 73.55 of 10 CFR Part 73 is amended to change the date of

August 1, 1979 to November 1, 1979, in the second to last sentence of the

unnumbered prefatory paragraph of this section.

Effective date: August 15, 1979

.

[7590-01]

(Sec. 161i, Pub L.83-703, 68 Stat. 948, Pub L.93-377, 88 Stat. 475; Sec. 201, Pub. L.93-438, 88 Stat. 1242-1243, Pub L. 94-79, 89 Stat. 413 (U.S.C. 2201, 5841).)

Dated at Washington, DC this 9th day of August 1979.

For the Nuclear Regulatory Commission

Samuel J. Chilk Secretary of the Commission