RIS 2002-12F, Category Iii Fuel Facilities NRC Threat Advisory & Protective Measures System

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Category Iii Fuel Facilities NRC Threat Advisory & Protective Measures System
ML022750059
Person / Time
Issue date: 01/29/2003
Revision: 0
From: Pierson R C
NRC/NMSS/FCSS
To:
Ramsey K M
References
IN-98-035 RIS-02-012F
Download: ML022750059 (9)


Enclosure 1: Homeland Security Presidential Directive-3
ML030130443
Person / Time
Issue date: 03/12/2002
Revision: 0
From: Bush G W
US Executive Office of the President
To:
NRC/EDO, Office of Nuclear Material Safety and Safeguards
Ramsey K M
References
RIS-02-012F
Download: ML030130443 (6)


Category Iii Fuel Facilities.
ML11189A100
Person / Time
Issue date: 08/24/2011
Revision: 1
From: Kinneman J D, McGinty T J
NRC/NMSS/FCSS, Division of Policy and Rulemaking
To:
Shared Package
ML11189A058 List:
References
RIS-02-012F, Rev 1
Download: ML11189A100 (5)


ML11189A100 U.S. NUCLEAR REGULATORY COMMISSION OFFICE OF NUCLEAR REACTOR REGULATION OFFICE OF NUCLEAR MATERIAL SAFETY AND SAFEGUARDS WASHINGTON, DC 20555-0001 August 24, 2011 NRC REGULATORY ISSUE SUMMARY 2002-12F, REVISION 1 CATEGORY III FUEL FACILITIES NRC THREAT ADVISORY AND PROTECTIVE MEASURES SYSTEM

ADDRESSEES

All U.S. Nuclear Regulatory Commission (NRC) Category III fuel facilitie

INTENT

The NRC previously issued guidance about the U.S. Department of Homeland Security's (DHS's) Homeland Security Advisory System (HSAS) to Category III fuel facilities in Regulatory Issue Summary (RIS) 2002-12F, "Category III Fuel Facilities NRC Threat Advisory and Protective Measures System," dated January 29, 200 The NRC is issuing this revised RIS to identify a change in the implementation of the HSAS as outlined in Homeland Security Presidential Directives (HSPD)-3, " Homeland Security Advisory System," dated March 11, 2002, and HSPD-5, "Management of Domestic Incidents," dated February 28, 2003, for the addressees above who received RIS 2002-12 The change is required by Presidential Policy Directive (PPD)-7, "National Terrorism Advisory System (NTAS)," dated January 26, 2011 (Enclosure 1 (Agencywide Documents Access and Management System Accession No. ML11188A030)). This RIS will supersede RIS 2003-16, "NRC Threat Advisory and Protective Measures System," dated October 7, 2003, and Information Notice 2009-08, "NRC Rapid Change Notification of Licensees Following a Physical Attack against a Facility," dated May 8, 200 This RIS requires no action or written response on the part of any addresse NOTICE: Enclosure 2 to the RIS contains Security-Related Informatio Upon separation from Enclosure 2, this RIS is DECONTROLLE RIS 2002-12F, Rev. 1

BACKGROUND

On March 11, 2002, then-President George W. Bush signed HSPD-3, creating the HSAS, which was a graduated, color-coded threat advisory system to alert government authorities at all levels, private-sector stakeholders, and the general public about the risk of terrorist attack The HSAS consisted of five levels ranging from the lowest threat level "Green," to the most severe, "Red." Based on HSPD-3, the NRC issued regulatory issue summaries to inform NRC licensees of the descriptions of the various threat advisory conditions and to provide guidance to NRC licensees about the preplanning of graded protective measures to respond to changes in the threat environmen

SUMMARY OF ISSUE

On January 26, 2011, President Barack Obama issued PPD-7 which reaffirmed the need for a strong effective national-level advisory system and directed DHS to establish a new threat advisory system to replace the HSA The NTAS has replaced the previous color-coded threat levels with a two-tiered advisory system designed to provide timely and relevant terrorist threat information to affected government, private-sector, and public stakeholders, as appropriate and in accordance with classification level The NTAS's two threat levels are "Elevated Alert" and "Imminent Alert." An "Elevated Alert" warns of a credible terrorist threat against the United States and its territories that is general in both timing and target, or details significant trends and developments in terrorism such that it is reasonable to recommend implementation of protective measures to thwart or mitigate an attac An "Imminent Alert" warns of a credible, specific, and impending terrorist threat against the United States and its territories that is sufficiently specific and credible to recommend implementation of additional protective measures to thwart or mitigate an attac In the event that DHS issues an NTAS Alert, licensees should consider this RIS as notification by the Commissio Accordingly, the NRC recommends that licensees respond to the NTAS Alert in a manner consistent with the guidance enclosed with this RI The Commission may provide licensees with supplementary information, as warranted, when DHS issues changes to the national threat leve

BACKFIT DISCUSSION

This RIS does not require any action or written response or any modification to plant structures, systems, components, or designs; therefore, the staff did not perform a backfit analysi RIS 2002-12F, Rev. 1

FEDERAL REGISTER NOTIFICATION

A notice of opportunity for public comment was not published in the Federal Register because this RIS is informational and pertains to a staff position that does not represent a departure from current regulatory requirements and practic

CONGRESSIONAL REVIEW ACT

The NRC has determined that the RIS is not a rule as designated by the Congressional Review Act (5 U.S.C. §§ 801-808) and, therefore, is not subject to the Ac

PAPERWORK REDUCTION ACT STATEMENT

This RIS references information collection requirements that are subject to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). These information collection requirements were approved by the Office of Management and Budget (OMB), approval number 3150-000

PUBLIC PROTECTION NOTIFICATION

The NRC may not conduct or sponsor, and a person is not required to respond to, a request for information or an information collection requirement unless the requesting document displays a currently valid OMB control numbe RIS 2002-12F, Rev. 1

CONTACT

Please direct any questions about this matter to the technical contact listed belo /RA by MBailey for/ /RA/

John D. Kinneman, Director Timothy J. McGinty, Director Division of Fuel Cycle Safety Division of Policy and Rulemaking and Safeguards Office of Nuclear Reactor Regulation Office of Nuclear Material Safety and Safeguards

Technical Contact:

Joseph H. Willis NSIR/DSO/DDSO/RSOB (301) 415-6869 E-mail: joseph.willis@nrc.gov

Enclosures:

1. PPD-7, "National Terrorism Advisory System (NTAS)" 2. Threat Conditions and Specific Actions for Category III Fuel Facilities (OUO-SRI) Enclosure 2 will not be released to the public because it contains Official Use Only - Security- Related Informatio Note: NRC generic communications may be found on the NRC Public Web site, http://www.nrc.gov, under NRC Library/Document Collections RIS 2002-12F, Rev 1

CONTACT

Please direct any questions about this matter to the technical contact listed belo /RA by MBailey for/ /RA/

John D. Kinneman, Director Timothy J. McGinty, Director Division of Fuel Cycle Safety Division of Policy and Rulemaking and Safeguards Office of Nuclear Reactor Regulation Office of Nuclear Material Safety and Safeguards

Technical Contact:

Joseph H. Willis NSIR/DSO/DDSO/RSOB (301) 415-6869 E-mail: joseph.willis@nrc.gov

Enclosures:

1. PPD-7, "National Terrorism Advisory System (NTAS)" 2. Threat Conditions and Specific Actions for Category III Fuel Facilities (OUO-SRI) Enclosure 2 will not be released to the public because it contains Official Use Only - Security-Related Informatio Note: NRC generic communications may be found on the NRC Public Web site, http://www.nrc.gov, under NRC Library/Document Collections

ADAMS ACCESSION NO: ML11189A058 RIS: ML11189A100 Enclosure 2: ML11189A101 *via e-mail OFFICE NSIR Tech. Lead NMSS Tech. Lead Tech Editor NMSS/FCSS/CDEB OE NAME JWillis* RReeves KAzariah-Kribbs* RJohnson* NHilton* (SWoods for) DATE 8/18/11 7/19/11 7/20/11 7/20/11 8/2/11 OFFICE NRR/PMDA OIS NSIR/DSO OGC (NLO) NRR/DPR/LA NAME LHill* TDonnell* PHolahan NStAmour* CHawes DATE 7/19/11 7/19/11 7/13/11 8/1/11 8/18/11 OFFICE NRR/DPR/PGCB NRR/DPR/PGCB NMSS/FCSS NRR/DPR NAME TMensah (ARussell for) SRosenberg JKinneman (MBailey for) TMcGinty DATE 8/19/11 8/19/11 8/22/11 8/24/11 OFFICIAL RECORD COPY

Enclosure 1RIS 2002-12F ML030130443For Immediate ReleaseOffice of the Press SecretaryMarch 12, 2002Homeland Security Presidential Directive-3PurposeThe Nation requires a Homeland Security Advisory System to provide a comprehensive andeffective means to disseminate information regarding the risk of terrorist acts to Federal, State, and local authorities and to the American peopl Such a system would provide warnings in the form of a set of graduated "Threat Conditions" that would increase as the risk of the threat increase At each Threat Condition, Federal departments and agencies would implement a corresponding set of "Protective Measures" to further reduce vulnerability or increase response capability during a period of heightened alert.This system is intended to create a common vocabulary, context, and structure for an ongoingnational discussion about the nature of the threats that confront the homeland and the appropriate measures that should be taken in respons It seeks to inform and facilitate decisions appropriate to different levels of government and to private citizens at home and at work.Homeland Security Advisory SystemThe Homeland Security Advisory System shall be binding on the executive branch andsuggested, although voluntary, to other levels of government and the private secto There are five Threat Conditions, each identified by a description and corresponding color. From lowest to highest, the levels and colors are:Low = Green;Guarded = Blue; Elevated = Yellow; High = Orange; Severe = Red.The higher the Threat Condition, the greater the risk of a terrorist attac Risk includes both theprobability of an attack occurring and its potential gravit Threat Conditions shall be assigned by the Attorney General in consultation with the Assistant to the President for Homeland Securit Except in exigent circumstances, the Attorney General shall seek the views of the appropriate Homeland Security Principals or their subordinates, and other parties as appropriate, on the Threat Condition to be assigne Threat Conditions may be assigned for the entire Nation, or they may be set for a particular geographic area or industrial sector.

Assigned Threat Conditions shall be reviewed at regular intervals to determine whether adjustments are warranted.For facilities, personnel, and operations inside the territorial United States, all Federaldepartments, agencies, and offices other than military facilities shall conform their existing Enclosure 1RIS 2002-12F threat advisory systems to this system and henceforth administer their systems consistent withthe determination of the Attorney General with regard to the Threat Condition in effect.The assignment of a Threat Condition shall prompt the implementation of an appropriate set ofProtective Measure Protective Measures are the specific steps an organization shall take to reduce its vulnerability or increase its ability to respond during a period of heightened aler The authority to craft and implement Protective Measures rests with the Federal departments and agencie It is recognized that departments and agencies may have several preplanned sets of responses to a particular Threat Condition to facilitate a rapid, appropriate, and tailored respons Department and agency heads are responsible for developing their own Protective Measures and other antiterrorism or self-protection and continuity plans, and resourcing, rehearsing, documenting, and maintaining these plan Likewise, they retain the authority to respond, as necessary, to risks, threats, incidents, or events at facilities within the specific jurisdiction of their department or agency, and, as authorized by law, to direct agencies and industries to implement their own Protective Measure They shall continue to be responsible for taking all appropriate proactive steps to reduce the vulnerability of their personnel and facilities to terrorist attac Federal department and agency heads shall submit an annual written report to the President, through the Assistant to the President for Homeland Security, describing the steps they have taken to develop and implement appropriate Protective Measures for each Threat Conditio Governors, mayors, and the leaders of other organizations are encouraged to conduct a similar review of their organizations Protective Measures.The decision whether to publicly announce Threat Conditions shall be made on a case-by-casebasis by the Attorney General in consultation with the Assistant to the President for Homeland Securit Every effort shall be made to share as much information regarding the threat as possible, consistent with the safety of the Natio The Attorney General shall ensure, consistent with the safety of the Nation, that State and local government officials and law enforcement authorities are provided the most relevant and timely informatio The Attorney General shall be responsible for identifying any other information developed in the threat assessment process that would be useful to State and local officials and others and conveying it to them as permitted consistent with the constraints of classificatio The Attorney General shall establish a process and a system for conveying relevant information to Federal, State, and local government officials, law enforcement authorities, and the private sector expeditiously.The Director of Central Intelligence and the Attorney General shall ensure that a continuousand timely flow of integrated threat assessments and reports is provided to the President, the Vice President, Assistant to the President and Chief of Staff, the Assistant to the President for Homeland Security, and the Assistant to the President for National Security Affair Whenever possible and practicable, these integrated threat assessments and reports shall be reviewed and commented upon by the wider interagency community.A decision on which Threat Condition to assign shall integrate a variety of consideration Thisintegration will rely on qualitative assessment, not quantitative calculatio Higher Threat Conditions indicate greater risk of a terrorist act, with risk including both probability and gravit Despite best efforts, there can be no guarantee that, at any given Threat Condition, a terrorist attack will not occu An initial and important factor is the quality of the threat information itsel Enclosure 1RIS 2002-12F The evaluation of this threat information shall include, but not be limited to, the followingfactors:1.To what degree is the threat information credible?2.To what degree is the threat information corroborated?

3.To what degree is the threat specific and/or imminent?

4.How grave are the potential consequences of the threat?Threat Conditions and Associated Protective MeasuresThe world has changed since September 11, 2001. We remain a Nation at risk to terroristattacks and will remain at risk for the foreseeable futur At all Threat Conditions, we must remain vigilant, prepared, and ready to deter terrorist attack The following Threat Conditions each represent an increasing risk of terrorist attack Beneath each Threat Condition are some suggested Protective Measures, recognizing that the heads of Federal departments and agencies are responsible for developing and implementing appropriate agency-specific Protective Measures:1.Low Condition (Green). This condition is declared when there is a low risk of terroristattack Federal departments and agencies should consider the following generalmeasures in addition to the agency-specific Protective Measures they develop and implement:

1.Refining and exercising as appropriate preplanned Protective Measures; 2.Ensuring personnel receive proper training on the Homeland Security AdvisorySystem and specific preplanned department or agency Protective Measures; and3.Institutionalizing a process to assure that all facilities and regulated sectors areregularly assessed for vulnerabilities to terrorist attacks, and all reasonable measures are taken to mitigate these vulnerabilities.2.Guarded Condition (Blue). This condition is declared when there is a general risk ofterrorist attack In addition to the Protective Measures taken in the previous ThreatCondition, Federal departments and agencies should consider the following general measures in addition to the agency-specific Protective Measures that they will develop and implement:

1.Checking communications with designated emergency response or commandlocations;2.Reviewing and updating emergency response procedures; and 3.Providing the public with any information that would strengthen its ability to actappropriatel Enclosure 1RIS 2002-12F .Elevated Condition (Yellow). An Elevated Condition is declared when there is asignificant risk of terrorist attack In addition to the Protective Measures taken in theprevious Threat Conditions, Federal departments and agencies should consider the following general measures in addition to the Protective Measures that they will develop and implement:

1.Increasing surveillance of critical locations; 2.Coordinating emergency plans as appropriate with nearby jurisdictions; 3.Assessing whether the precise characteristics of the threat require the furtherrefinement of preplanned Protective Measures; and4.Implementing, as appropriate, contingency and emergency response plans.4.High Condition (Orange). A High Condition is declared when there is a high risk ofterrorist attack In addition to the Protective Measures taken in the previous ThreatConditions, Federal departments and agencies should consider the following general measures in addition to the agency-specific Protective Measures that they will develop and implement:

1.Coordinating necessary security efforts with Federal, State, and local lawenforcement agencies or any National Guard or other appropriate armed forces organizations;2.Taking additional precautions at public events and possibly considering alternativevenues or even cancellation;3.Preparing to execute contingency procedures, such as moving to an alternate site ordispersing their workforce; and4.Restricting threatened facility access to essential personnel only.5.Severe Condition (Red). A Severe Condition reflects a severe risk of terrorist attacks.Under most circumstances, the Protective Measures for a Severe Condition are notintended to be sustained for substantial periods of tim In addition to the Protective Measures in the previous Threat Conditions, Federal departments and agencies also should consider the following general measures in addition to the agency-specific Protective Measures that they will develop and implement:

1. Increasing or redirecting personnel to address critical emergency needs; 2.Assigning emergency response personnel and pre-positioning and mobilizingspecially trained teams or resources;3.Monitoring, redirecting, or constraining transportation systems; and 4.Closing public and government facilities.Comment and Review PeriodsThe Attorney General, in consultation and coordination with the Assistant to the President forHomeland Security, shall, for 45 days from the date of this directive, seek the views of government officials at all levels and of public interest groups and the private sector on the proposed Homeland Security Advisory System.One hundred thirty-five days from the date of this directive the Attorney General, afterconsultation and coordination with the Assistant to the President for Homeland Security, and having considered the views received during the comment period, shall recommend to the President in writing proposed refinements to the Homeland Security Advisory System.