View source for NUREG-1619, Forwards,For Review & approval,NUREG-1619, Standard Review Plan for Physical Protection Plans for Independent Storage of Spent Fuel & High-Level Radioactive Waste

{{Adams
| number = ML20237A459
| issue date = 04/29/1998
| title = Forwards,For Review & approval,NUREG-1619, Standard Review Plan for Physical Protection Plans for Independent Storage of Spent Fuel & High-Level Radioactive Waste
| author name = Sherr T
| author affiliation = NRC OFFICE OF NUCLEAR MATERIAL SAFETY &amp; SAFEGUARDS (NMSS)
| addressee name = Ten Eyck E
| addressee affiliation = NRC OFFICE OF NUCLEAR MATERIAL SAFETY &amp; SAFEGUARDS (NMSS)
| docket = 
| license number = 
| contact person = 
| case reference number = FRN-63FR26955, RTR-NUREG-1619, RULE-PR-60, RULE-PR-72, RULE-PR-73, RULE-PR-74, RULE-PR-75
| document report number = AF32-2-019, AF32-2-19, NUDOCS 9808140103
| package number = ML20237A366
| document type = INTERNAL OR EXTERNAL MEMORANDUM, MEMORANDUMS-CORRESPONDENCE
| page count = 3
}}

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pF32-L PDR                                                                                                                          ppg April 29, 1998 MEMORANDUM TO:                   Elizabeth Q. Ten Eyck. Director Division of Fuel Cycle Safety and Safeguards, NMSS                                                                              ,
FROM:                            Theodore S. Sherr, Chief Regulatory Development and international Safeguards Branch Division of Fuel Cycle Safety and Safeguards, NMSS

==SUBJECT:==
APPROVAL FOR PUBLICATION - STANDARD REVIEW I
PLAN (NUREG 1619) 1 Attached for your review and approval is NUREG 1619, " Standard Review Plan for Physical Protection Plans for the Independent Storage of Spent Fuel and High-Level Radioactive Waste." If you approve, please sign the attached approval for publication form and return the package to P. Dwyer, FRIB, for publication. Thank you.
I Attachments:
: 1. NUREG 1619
: 2. NRC Form 426 cc: E.W. Brach DISTRIBUTION:
RDS r/f         FRIB r/f       FCSS r/f         NMSS r/f     NRC File Center GNSFSI.RLE\ PUBLISH.SRP OFC            FRIB        [          FRIB       ,h        FRIBg NAME             PDwyer h/              LRoch6                he l        DATE          k /27/98                OM/,1I/ 98           4 %) / 98                                                   I /98 C = COVER       -      E = COVER & ENCLOSURE                 N = NO COPY OFFICIAL RECORD COPY 9808140103 980806 l   PDR     PR 60 63FR26955            PDR v                                                                                                         qn

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[w           q                                 UNITED STATES j
j              NUCLEAR REGULATORY COMMISSION
     ,                                         WASHINGTON, D.C. 2055W1
        +,...                                 April 29, 1998 MEMORANDUM TO:                   Elizabeth Q. Ten Eyck, Director Division of Fuel Cycle Safety and Safeguards, NMSS FROM:                           Theodore S. Sherr, Chief T Regulatory Development and Intemational Safeguards Branch Division of Fuel Cycle Safety' I
and Safeguards, NMSS

==SUBJECT:==
APPROVAL FOR PUBLICATION - STANDARD REVIEW PLAN (NUREG 1619)
Attached for your review and approval is NUREG 1619, " Standard Review Plan for Physical Protection Plans for the Independent Storage of Spent Fuel and High-Level radioactive Waste." If you approve, please sign the attached approval for publication form and returrf the package to P. Dwyer, FRIB, for publication. Thank you.
811&phments:
: 1. NUREG 1619
: 2. NRC Form 426 cc: E.W. Brach l
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ATTACHMENT 1 I
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                                                         , NUREG-1619 MAY 1998 l
STANDARD REVIEW PLAN FOR PHYSICAL PROTECTION PLANS FOR THE INDEPENDENT STORAGE OF SPENT FUEL l         AND HIGH-LEVEL RADIOACTIVE WASTE i
l U.S.' NUCLEAR REGULATORY COMMISSION i
L         Office of Nuclear Material Safety and Safeguards l         P. A. Dwyer f
h(' O J
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ATTACHMENT 1

l NUREG - 1619 STANDARD REVIEW PLAN FOR PHYSICAL PROTECTION PLANS FOR THE INDEPENDENT STORAGE OF SPENT FUEL AND HIGH-LEVEL RADIOACTIVE WASTE j
Manuscript Completed: April 1998 Date Published: May 1998 P. A. Dwyer Division of Fuel Cycle Safety and Safeguards Office of Nuclear Material Safety and Safeguards U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 l
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ABSTRACT This document is a standard review plan (SRP) for evaluating plans for the physical protection of spent fuel and high-level radioactive wastes stored at (1) independent spent fuel storage installations, (2) monitored-retrievable storage installations, and (3) the geologic repository operations are: Conducting a review according to an SRP ensures that license applicants address every pertinent Nuclear Regulatory Commission (NRC) requirement in their NRC-approved physical protection plans and ensures consistency and comprehensiveness in the NRC review of the plans. The information presented here takes a new matrix or " modular" format to streamline the information and facilitate its use.
Comments that would make future revisions of this SRP more useful are invited and should be directed to:
Ms. Priscilla A. Dwyer Division of Fuel Cycle Safety and Safeguards Office of Nuclear Material Safety and Safeguards U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 l
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i Abstract L  . 1 - i ntrod u ction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
1 1.1_ Background and Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                          1
       -1.2 Purpose of Document . . . . . . . . . . . . . . . . . .........................                                                1 1.3 Description of Document . . . . . . . . . . . . .                      ...    .............. .......                           1 1.4 Modular Format . . . . . . . . . . . . . . . . ........ ...........                                     ..........             2 1.5 Protection of Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                 2
,. 2 Basic Steps in the Physical Protection Licensing Process . . . . . . . . . . . . . . . . . . .                                       3 3 incorporation by Reference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                         4
(                      .                  .
4 Components of Physical Protection Plan . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . .                                 5 4.1 Module 1 - Introduction and Effective Date of Rule . . . . . . . . . . . . . . . . . . .                                       5 4.1.1 introd uction . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .             5 4.1.2 Effective Date of Rule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                     5 4.2 Module ll'- General Performance Objective and Protection Goal ........                                                         6 4.2.1 Objective ....................... .......................                                                              6 4.2.2 Performance Capabilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                           6 4.2.3 Protection Goal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  6 4.3, Module ill - Security Organization . . . . . . . . .........................                                                  8 4.3.1 Establishment of Security Organization . . . . . . . . . . . . . . . . . . . . . .                                     8 4.3.2 Security Audits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  8 4.3.3 Qualifications for Employment in Security . . . . . . . . . . . . . . . .                                         ... 8 4.3.4 Security Force Training . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                          8
: 4. 3. 5 Record s . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . .          9 4.4 ' Module IV - Physical Barrier Systems . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                            10 4.4.1 General Layout . . . . . . . ....................... .........                                                        10 4.4.2 Physical Barriers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                   10 4.4.3 Primary Alarm Station and Security Posts . . . . . . . . . . . . . . . . . . . . .                                    10 4.4.4 Illumination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                      11 4.5 Modu!e V - Access Co 1 trol Subsystems and Procedures . . . . . . . . . . . . . . .                                           12 4.5.1 Identification System . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                       12 4.5.2 Access to Protected Areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                               12 4.5.3 Access Controls at the Protected Area . . . . . . . . . . . . . . . . . . . . . . .                                   12 4.5.4 Escorts and Escorted Individuals . . ........... ........                                                    . . . . 12 4.5.5 Key and Lock Control . . . . . . . . . . . . . . . . . . . . .                          ........ ..                  12 4.5.6 Records . . . . . . . . . . . . . . ..... .......... ..... ..                                       .......          12 4.6 Module VI- Detection, Surveillance, and Alarm Subsystems . ... .                                                        ... 14 i              4.6.1 Isolation Zone Penetration . . . ....... ........ .                                             .. .. ..             14 f-             4.6.2 Alarm Annunciation at Security Posts . ...... .                                            ..       .. . ..          14 4.6.3 Power Sources . . . ...                                   ...     .     . ....                . .      ......        14

4.6.4 Component Supervision .               . ..           .... .                .           ....                    .   . 14 4.6.5 Protected Area Monitoring and Assessment .                            . .
                                                                                                                        .            15 4.7 Module Vil- Communication Subsystems                           .. .. .               .           .      ..                . 16 4.7.1 Security Force Communications . . .                  . ..             ... ...               ... ...              . 16 4.7.2 Alarm Station Communications . ... ..                              . .          .                ... .             . 16 l
4.7.3 Power Sources . . . . . .. .. .                      ..... ........                         ..                 .      16 4.8 Module Vill- Equipment Operability and Compensatory Measures .. ..                                                           17 i        4.8.1 Equipment Operability . . . . . . . .                     .. .          ..          . .          . ...                17 l        4.8.2 Compensatory Measures . . . . . . . . . . . . . . . . . . . . . . .                                         . .       17 l        4.8.3 Testing and Maintenance .......... ... .. .. . . .... .                                                            . 17 4.9 Module IX - Contingency Response Plan and Procedures . .                                        .......                   . 18
!        4.9.1 Contingency Plan Documentation . . . . . . . . . . . . . . . .                        ....          . . . . .        18 4.9.2 Response Force Liaison . . . . . . . . .. .............                                          .......             18 4.9.3 Response Procedures .             . ....... ........                            . ..........                       . 18 4.9.4 Records . . . . . . . . . . . . . . . . .     .. ... .... ..                             ....          . . . . . 18 APPENDIX A- FORMAT FOR PHYSICAL PROTECTION PLAN .                                                  . .        . . . . . .         19 APPENDIX B - GLOSSARY OF TERMS . . . . .                     ... ............ ..                              .... ..             22 APPENDIX C - SAMPLE LICENSE CONDITION . . . . . . . . . . . . . . . . .                                          ......           24

l         1 INTRODUCTION 1.1 Background and Applicability The U.S. Nuclear Regulatory Commission (NRC) has prepared regulations for the l         physical protection of spent fuel and high-level radioactive waste stored at (1) l         independent spent fuel storage installations (ISFSis), (2) monitored-retrievable storage (MRS) installations or (3) the future geologic repository operations area are codified under 10 CFR 73.51. These regulations specify the physical protection measures a licensee must observe at affected sites and to which a licensee must commit in its l         NRC-approved physical protection plan.
I         1.2 Purpose of Document This document is a standard review plan (SRP) for use by NRC license reviewers in l         evaluating physical protection plans prepared pursuant to 10 CFR 60.21(b)(3) (for MRS installations and the geologic repository) and 10 CFR 72,24 (for ISFSIs). The SRP contains the requirements that a licensee must meet and address in its physical protection plan and also contains additional information to be used as guidance in the implementation of the regulations. The NRC staff uses the SRP to assure comprehensive and consistent license reviews. This document is of use to license applicants or licensees seeking an amendment to their license because it presents a format acceptable to NRC for the required physical protection plan and concisely l
descr,ibes the requirements that the applicant or licensee must meet. This document suoersedes any interim licensing guidance published before 10 CFR 73.51 was issued.
l          1.3 Description of Document i
I This document contains nine modules that make up the major elements of physical protection plans for meeting the requirements of 10 CFR 73.51. The plans must meet the intent of every requirement presented in each module. Following each module is a
           " Guidance" section that contains supplemental information on the NRC's interpretation l          of the regulations, acceptable means for meeting the regulation, and other pertinent information. Three appendices contain recommendations on plan format, a user's glossary, and a sample license condition. (See Appendices A, B, and C.)
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l 1.4 Modular Format This SRP has been developed in a new modular format. This effort is part of a new initiative by NRC to simplify, and gain efficiencies in, the NRC licensing process by presenting information in a user-friendly format.
1.5 Protection of Plan i
Physical protection plans for the storage of spent fuel and high-level radioactive waste should be protected as Safeguards information in accordance with the provisions of l 10 CFR 73.21.
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2 BASIC STEPS IN THE PHYSICAL PROTECTION LICENSING PROCESS There are four steps in the NRC evaluation of phyt,ical protection plans required to be
   - submitted by NRC regulations: submittal, initial review, final review, and issuance of a license condition.
The submittal process can be prompted by the issuance of a new rule or amendments to an existing regulation or it can be prompted by a request from the licence. During this process, the applicant or licensee develops its protection strategy for meeting the  l new or amended requirement (or the voluntary request) and documents it in a letter to the NRC licensing staff, for review and comment.
l l   The initial review process is an iterative process in which discussions take place l   between NRC and the licensee or applicant to arrive at a proposal acceptable to NRC.
A number of proposals may be submitted and evaluated during this process. The license reviewer, guided by an SRP, informally ensures that the proposal agreed to is      .
   - adequate and sufficient in meeting NRC requirements.                                     .
l   The licensee or applicant then makes a formal and final submittal of its proposal.
License reviewers document their formal review of the proposal in a Saiaguards Evaluation Report (SER), which is stored and maintained on file for the life of the license.
: l. The p.hysical protection licensing process ends when a license condition is attached to      l
;    the main license. The license condition contains the commitments made by the                 l l    licensee or applicant to meet the new or amended proposal and becomes a permanent        I part of the license, unless it is amended at some future time. Appendix C to this            l document contains a sample license condition that has been attached to a license in response to new or amended physical protection requirements or measures.
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3 INCORPORATION BY REFERENCE In addition to the information contained in this SRP, the following documents are incorporated by reference, as guidance to support the review process.
* Regulatory Guide 5.12, General Use of Locks in the Protection and Control of Facilities and Special Nuclear Materials. U.S. Nuclear Regulatory Commission.
November 1973.
* Regulatory Guide 5.44, PerimeterIntrusion Alarm Systems, Rev. 3. U.S. Nuclear Regulatory Commission. October 1997.
  . NUREG-0794, Protection of Unclassified Safeguards Information. U.S. Nuclear Regulatory Commission. October 1981.
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4 COMPONENTS OF PHYSICAL PROTECTION PLAN 4.1 MODULE I-INTRODUCTION AND EFFECTIVE DATE OF RULE 4.1.1 Introduction                             The licensee should present a general description of the facility, including name, location, corporation, type of facility, etc.
4.1.2 Effective date of rule                   The rule is effec'.iva (insert date).
GUIDANCE:
No additional guidance is provided for this module.
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4.2 MODULE 11 - GENERAL PERFORMANCE OBJECTIVE AND PROTECTION                                                                                                       I GOAL 4.2.1 Objective                                                                   Each licensee shall establish and maintain a physical protection system with the objective of providing high assurance that activities involving special nuclear material do not constitute an
                                                                                                 ' unreasonable risk to public health and safety.10 CFR 75.51(b)(1).
4.2.2 Performance capabilities                                                    To meet the general objective of paragraph 73.51(b)(1), each licensee shall meet the following performance capabilities:
(1) Store the spent fuel and high-level radioactive waste only within a protected area; (2) Grant access to the protected area only to individuals who are authorized to enter the protected area; (3) Detect and assess unauthorized penetration of or activities within the protected area; (4) Provide timely communication to a designated response force whenever necessary; and (5) Manage the physical security organization in a monner that maintains its effectiveness.10 CFR 73.51(b)(2).
4.2.3 Protection goal                                                             The physical protection system must be designed to protect against loss of l
control of the facility that could be sufficient to cause radiation exposure exceeding the dose as described in 10 CFR 72.106.10 CFR 73.51(b)(3).                                           i l
GUIDANCE:
4.2.3     The design basis threat for radiological sabotage of power reactors under 10 CFR 73.1 is not considered appropriate for the types of facilities subject to 6
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10 CFR 73.51. Hence, a separate protection goalis defined for these facilities.
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4.3 MODULE 111 - SECURITY ORGANIZATION 4.3.1 Establishment of security         A security organization with written organization                             procedures must be established. The security organization must include sufficient personnel per shift to provide for monitoring of detection systems and the conduct of surveillance, assessment, access control, and communications to assure adequate response.10 CFR 73.51(d)(5).
4.3.2 Security audits                   The physical protection program must be reviewed once every 24 months by individuals independent of both physical protection program management and personnel who have direct responsibility for implementation of the physical protection program. The physical protection program review must include an evaluation of the effectiveness of the physical protection system and a verification of the liaison established with the designated response force or local law enforcement agency.10 CFR 73.51 (d)(12).
4.3.3 Qualifications for employment in   Members of the security organization security                                 must be ... qualified. . to perform assigned job duties in accordance with Appendix B to Part 73, sections 1.A.(1)(a) and (b);
B(1)(a); and the applicable portions of II.
10 CFR 73.51(d)(5).
4.3.4 Security force training             Members of the security organization must be trained, equipped, qualified, and requalified to perform assigned job duties in accordance with Appendix B to Part 73, sections 1.A.(1)(a) and (b); B(1)(a);
and the applicable portions of 11.10 CFR 73.51(d)(5).
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4.3 MODULE ill - SECURITY ORGANIZATION 4.3.5 Records                                   The following documentation must be retained as a record for three years after the record is made or until termination of the license. Duplicate records to those required under 10 CFR 72.180 and l                                                                                                     10 CFR 73.71 need not be retained. (1)
A log of individuals granted access to the protected area, (2) screening records of members of the security organization,
,                                                                                                     (3) a log of all patrols, (4) a record of l
each alarm received identifying the type of alarm, location, date and time when received, and disposition of the alarm, and (5) the physical protection program review reports.10 CFR 73.51(d)(13).
GUIDANCE:
4.3.3    Appendix B to Part 73, section I.A.(1)(a) requires that the individual possess a l                                                             high school diploma or~ pass an equivalent performance examination designed l-                                                            to measure basic job-related, mathematical, language, and reasoning skills,
                                                           . ability, and knowledge required to perform securityjob duties.
Appendix B to Part 73, l.A. (1)(b) requires that the individual have no felony convictions involving the use of a weapon and no felony convictions that reflect on the individual's reliability.
Appendix B to Part 73, B (1)(a) requires that individuals whose security tasks and job duties are directly associated with the effective implementation of the licensee physical protection and contingency plans must have no physical weakness or abnormalities that would adversely affect their performance of assigned security job duties.
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4.4 MODULE IV -- PHYSICAL BARRIER SYSTEMS 4.4.1 Generallayout                        Spent nuclear fuel and high-level radioactive waste must be stored only within a protected area so that access to this material requires passage through or penetration of two physical barriers, one barrier at the perimeter of the protected area and one barrier offering substantial penetration resistance.10 CFR 73.51(d)(1).
4.4.2 Physical barriers                   The physical barrier at the perimeter of the protected area must be as defined in 10 CFR 73.2. Isolation zones, typically 6 meters [20 feet] wide each, on both sides of this barrier, must be provided to facilitate assessment. The barrier offering substantial resistance to penetration may be provided by an approved storage cask or building walls such as those of a reactor or fuel storage building.10 CFR 73.51 (d)(1).
4.4.3 Primary alarm station and security   The perimeter of the protected area must posts                                      be subject to continual surveillance and be protected by an active intrusion alarm system that is capable of detecting penetration through the isolation zone and that is monitored in a continually staffed primary alarm station and in one additional continually staffed location.
The primary alarm station must be located within the protected area; have bullet-resisting walls, doors, ceiling, and floor; and the interior of the station must not be visible from outside the protected area. A timely means for assessment of alarms must also be provided.
Regarding alarm monitoring, the redundant location need only provide a summary indication that an alarm has been generated.10 CFR 73.51(d)(3).
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4.4 MODULE IV - PHYSICAL BARRIER SYSTEMS 4.4.4 lilumination                                          Illumination must be sufficient to permit  ,
adequate assessment of unauthorized penetration of or activities within the protected area.10 CFR 73.51(d)(2).
GUIDANCE:
4.4.2 A physical barrier means (1) fences constructed of No.11 American wire gauge or heavier wire fabric, topped by three strands or more of barbed wire or similar material on brackets angled inward or outward between 30 and 45 degrees from the vertical with an overall height of not less than 2.4 meters (8 feet), including the barbed topping; (2) building walls, ceilings, and floors constructed of stone, brick, cinder block, concrete, steel, or comparable material, (openings in which are secured by grates, doors, or covers of construction and fastening of sufficient strength such that the integrity of the wall is not lessened by any opening,) or walls of similar construction, not part of a building, provided with a barbed topping as described in paragraph (1) of this definition of a height of not less than 2.4 meters [8 feet); or (3) any other physical obstruction constructed in a manner and of material suitable for the purpose for which the obstruction is intended.
Vehicle barriers to protect against the malevolent use of a vehicle are not presently required at sites subject to 10 CFR 73.51, 4.4.3 The alternate station may be located at the local law enforcement agency or at a commercial alarm monitoring station that has a redundant capability for contacting local law enforcement personnel.
4.4.4      lilumination should be mahtained during all periods of darkness (not just during periods of assessment.) The level of illumination should be sufficient for the assessment means used. No required illumination levelis specified in 10 CFR
<                                                                              73.51. It is also recognized that the physical nature of an ISFSI may make it difficult to maintain a consistent level of illumination throughout the protected area because of obstruction from such structures as storage casks.
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l 4.5 MODULE V - ACCESS CONTROL SUBSYSTEMS AND PROCEDURES 4.5.1 Identification system             A personnelidentification system .
must be established and maintained to limit access to authorized individuals.10 CFR 73.51(d)(7).
4.5.2 Access to protected areas           All individuals, vehicles, and hand-carried packages entering the protected area must be checked for proper authorization ... before entry.10 CFR 73.51(d)(9).
4.5.3 Access controls at the protected  All individuals, vehicles and hand-carried area                                     packages entering the protected area must be ... visually searched for explosives before entry.10 CFR                                                       I 73.51(d)(9).
4.5.4 Escorts and escorted individuals   N/A (See Guidance below.)
i 4.5.5 Key and lock control              A ... controlled lock system must be                                                 i established and maintained to limit                                                 f access to authorized individuals.10 CFR 73.51(d)(7).
4.5.6 Records                            The following documentation must be retained as a record for 3 years after the record is made or until termination of the license. Duplicate records to those                                                 1 required under 10 CFR 72.180 and 10 CFR 73.71 need not be retained under
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j the requirements of this section: (1) a log of individuals granted access to the protected area; (2) screening records of members of the security organization; (3) a log of all patrols; (4) a record of each alarm received, identifying the type of alarm, location, date and time when received and disposition of the alarm; and (5) the physical protection program review reports.10 CFR 73.51(d)(13).
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l GUIDANCE:
4.5.1  The personnelidentification system should provide unique identification of individuals granted access to the protected area through such means as a picture identification system using a driver's license photograph, a name badge system using a badge medium that is difficult to counterfeit, or facial recognition.
Use of facial recognition should be justified (e.g., long term employment and small site population).                                                              i 1
4.5.4  If an individual can be conclusively identified, is authorized access, and has been searched for explosives without positive findings, then no escort is required. If the individual cannot meet any one of these three criteria, access to the protected area should be denied.
4.5.5   Regulatory Guide 5.12, General Use of Locks in the Protection and Control of Facilities and Special Nuclear Materials (November 1973), should be used as guidance in the development of a controlled lock system.
4.5.6 The applicant or licensee need not describe redundant recordkeeping requirements under each module of the plan. Only the records pertinent to the particular module need be described.
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1 4.6 MODULE VI- DETECTION, SURVEILLANCE, AND ALARM SUBSYSTEMS 4.6.1 Isolation zone penetration         Spent nuclear fuel and high-level radioactive waste must be stored only within a protected area so that access to this material requires passage through or                        j penetration of two physical barriers, one                       1 at the perimeter of the protected area and one barrier offering substantial penetration resistance. The physical barrier at the perimeter of the protected area must be as defined in 10 CFR 73.2.                         j isolation zones, typically 6 meters [20 feet) wide each, on both sides of this barrier, must be provided to facilitate assessment... 10 CFR 73.51(d)(1).
4.6.2 Alarm annunciation at security     The perimeter of the protected area mus' t posts                                    be subject to continual surveillance and be protected by an active intrusion alarm system that is capable of detecting penetration through the isolation zone l
and that is monitored in a continually staffed primary alarm station and one additional continually staffed location... A timely means of assessment must also be provided. Wdh respect to alarm l
monitoring, the redundant location need only provide a summary indication that an alarm has been generated.10 CFR
!                                           73.51(d)(3).
l  4.6.3 Power sources                      All detection systems, surveillance / assessment systems, and
                                        . supporting subsystems including                   ,
illumination systems must be... maintained in operable condition.10 CFR 73.51(d)(11).
4.6.4 Component supervision              All detection systems, surveillance / assessment systems, and supporting subsystems must be tamper-indicating with line supervision... 10 CFR 73.51(d)(11).
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1 4.6 MODULE VI- DETECTION, SURVEILLANCE, AND ALARM SUBSYSTEMS                                                      l 4.6.5 Protected area monitoring and            The perimeter of the protected area must assessment                                     be subject to continual surveillance and be protected by an active intrusion alarm system which is capable of detecting penetration through the isolation zone and that is monitored in a continually staffed primary alarm station and in one additional continually staffed location. 10 CFR 73.51(d)(3). Isolation zones, typically 6 meters [20 feet] wide each on                         i both sides of this bar ier (the protected area barrier) must be provided to facilitate assessment.10 CFR 73.51(d)(1). The protected area must be monitored by daily random patrols.10 CFR 73.51(d)(4). A timely means of assessment of alarms must also be provided.10 CFR 73.51(d)(3).                _
GUIDANCE:
4.6.2- The licensee or applicant should follow the guidelines of Regulatory Guide 5.44,                           1 PerimeterIntrusion Alarm Systems, Rev. 3, regarding alarm annunciation.                                   ,
l 4.6.5 The following factors should be considered in determining frequency of random patrols: remoteness of facility, nature of activities located adjacent to the site, and size of the storage facility. For example, a minimum of two patrols per day should be conducted unless the facility is in a remote area where more patrols may be necessary.                                                                                          1 l
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4.7 MODULE Vil-COMMUNICATIONS SUBSYSTEMS 4.7.1 Security force communications                                    A security organization with written procedures must be established. The security organization must include sufficient personnel per shift to provide for...the conduct of... communications to assure adequate response.10 CFR 73.51(d)(5).
4.7.2 Alarm station communications                                     Redundant communications capability
;                                                                        must be provided between onsite security force members and the designated response force or local law enforcement agency.10 CFR 73.51(d)(8).
l  4.7.3 Power sources                                                   All detection systems, l                                                                        surveillance / assessment systems, and supporting subsystems, including l                                                                        illumination systems, must l                                                                        be... maintained in operable condition.
10 CFR 73.51(d)(11) .
! GUIDANCE:
l No additional guidance is provided under this module.
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         - _ - - - - - _ - - - - - _ - - - - - - -          -                                                        u

4.8 MODULE Vill- EQUIPMENT OPERABILITY AND COMPENSATORY                                                                                                                                  I MEASURES 4.8.1 Equipment operability                                                         All detection systems, surveillance / assessment systems, and supporting subsystems including illumination systems... must be maintained in operable condition.10 CFR 73.51(d)(11).
4.8.2 Compensatory measures                                                         Timely compensatory measures must be taken after discovery of inoperability to                                                                ,
assure that the effectiveness of the system is not reduced.10 CFR 73.51(d)(11).
4.8.3. Testing and maintenance                                                      All detection systems, surveillance / assessment systems, and supporting subsystems including illumination systems... must be maintained in operable condition.10 CFR 73.51(d)(11).
GUIDANCE:
4.8.3 The test and maintenance program described in Regulatory Guide 5.44, PerimeterIntmsion Alann Systems, Rev. 3, is an acceptable program for l                                                   maintaining equipment in operable condition.
l 17

4.9 MODULE IX -CONTINGENCY RESPONSE PLAN AND PROCEDURES 4.9.1 Contingency plan documentation            Written response procedures must be established and maintained for addressing unauthorized penetration of or activities within the protected area including Category 5, " Procedures," of Appendix C to Part 73.10 CFR 73.51(d)(10).
4.9.2 Response force liaison                    Documented liaison with a designated response force or local law enforcement agency must be established to permit timely response to unauthorized penetrations or activities.10 CFR 73.51)(d)(6).
4.9.3 Response procedures                      Written response procedures must be established and maintained for addressing unauthorized penetration of or activities within the protected area including Category 5, " Procedures," of Appendix C to Part 73.10 CFR 73.51(d)(10) .
4.9.4' Records                                The licensee shall retain a copy of response procedures as a record for 3 years or until termination of the license for which the procedures were developed.10 CFR 73.51(d)(10).
GUIDANCE:
4.9.2     The designated response force could be a privately contracted security force that meets the requirements of Appendix B to Part 73. If the designated response force cannot respond in a timely manner, additional protective measures may be required, including the use of armed guards.
4.9.3     It is expected that the contingency plan for the storage of spent fuel and high-level radioactive waste will not be as extensive as the plan described for power l                                   reactors under Appendix C to Part 73. The contingency plan for the storage of l                                   spent fuel and high level radioactive waste should, as a minimum, include Category 5, " Procedures," of Appendix C to Part 73.
18

APPENDIX A - RECOMMENDED FORMAT FOR PHYSICAL PROTECTION PLAN If the recommended format is used, the applicant should adhere to the numbering system of this standard review plan. Under certain circumstances, subsections may not be appropriate for a specific application. Clearly state if this is so and give enough information should be provided to support this conclusion.
The applicant may wish to submit information in support of an application that is not required by regulations and is not essential to the description of the applicant's physical protection program. Such information could include, for example, historical data
                                                                  - submitted in demonstration of certain criteria, discussion of alternatives considered by l                                                                        the applicant, or supplementary data regarding assumed models, data, or calculations.
t This information should be provided in an appendix to the plan.
Upon completion of the plan, the applicant should use the table of contents of this l                                                                        document as a checklist to ensure that each subject has been addressed.
A.1 Style and Composition A table of contents should be included in each submittal.
r The applicant should strive for clear, concise presentation of information. Confusing or ambiguous statements and general statements of intent should be avoided. Definitions and abbreviations should be consistent throughout the submittal, and consistent with generally accepted usage.
,                                                                        Whenever possible, duplication of information should be avoided. The information included in other sections of the application may be covered by specific reference to those sections.
!                                                                         Where numerical values are stated, the number of significant figures should reflect the accuracy or precision to which the number is known. The use of relative values should be clearly indicated. Drawings, diagrams, and tables should be used when information may be presented more adequately or conveniently by such means. These illustrations should be located in the section in which they are first referenced. Care should be taken to ensure that the information presented in drawings is legible, that symbols are defined, and that drawings are not reduced to the extent that they cannot be read by people with good vision.
A.2 Physical Specifications of Submittal 19 L.__ _ _ _ _ _ _ _ _ _ _ . _ _ . _ _ _ _ _ _ _ _ _ _ . _ _ . _ . _ _ _ _ _ _ . . . _ _ _ . _ _ _ _ . . _ _ . _ . _ _                                                             ._           _   .}

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All material submitted in an application should conform to the following physical dimensions of page size, quality of papers and inks, numbering of pages, etc.
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A.2.1 Paper Size                                                                          !
Text: Paper should measure 25.5 x 33 centimeters [8.5 x 11 inches).                       I Drawings and graphics: 19.5 x 27 centimeters [6.5 x 9 inches] (to allow for margins) is    1 preferred; however, a larger size is acceptable as long as the finished copy, when folded, does not exceed 25.5 x 33 centimeters [8.5 x 11 inches].
A.2.2 Paner Stock and Ink Good quality white laser or photocopy paper and consistent ink density for clear reproduction by microfilming, photocopying, and printing.
A.2.3 Panor Marains A margin of no less than 3 centimeters [one inch) is to be maintained on the top,         l bottom, right side, and left side of all pages submitted.                                  l l
A.2.4 Printing                                                                            I Composition: Text pages should be single spaced. Standard NRC type face, and style should be used.
Reproduction: May be printed or photocopied. Except for an oversized figure, all pages of the text will be printed on both sides.                                          i A.2.5 Binding Pages should be punched for a 3-ring loose leaf notebook.
, A.2.6 Paae Numberina Pages should be numbered consecutively throughout the main part of the document.
Any appendices may be numbered separately, if desired. Each page of the physical protection plan should contain a page number; a revision number, as applicable; and a date.
A.3 Procedures for Revising Pages The updating or revising of data should be on a replacement page basis. The changes (revised portion of each page) should be highlighted by a vertical line on the margin opposite the binding margin (outside margin) for each line changed, revised, deleted or I
20 i

added. All pages submitted to update, revise, add, or delete pages to the plan shall show the date of the change. The transmittalletter should include the index page
                                                                                                                     ]
l listing the pages to be inserted and the pages to be removed. When major changes,                         I deletions, or additions are made, pages for a revised table of contents should be provided.
A.4 Number of Copies The applicant should submit the appropriate number of copies of each requested submittal in accordance with 10 CFR 72.16.
A.5 Public Disclosure NRC has determined that it is not in the public interest to disclose the details of physical protection programs, and that such details should be protected as Safeguards Information pursuant to 10 CFR 73.21 A.6 Compatibility The applicant should ensure that information in the physical protection plan does not conflict with the other sections of the application.
A.7 Schedule for Submittal The applicant should contact NRC to determine a schedule for submitting the physical protection plan.
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APPENDlX B - GLOSSARY OF TERMS These terms are excerpted from Title 10 of the Code of Federal Regulations (10 CFR Parts 72 and 73),
independent spent fuel storage installation flSFSI)- a complex designed and constructed for the interim storage of spent nuclear fuel and other radioactive materials associated with spent fuel storage. An ISFSI that is located on the site of another facility may share common utilities and services with such a facility and be physically connected to such other facility and still be considered independent, provided that such sharing of utilities and services or physical connections does not (1) increase the probability or consequences of an accident or malfunction of components, structures, or systems that are important to safety or (2) reduce the margin of safety as defined in the basis for any technical specification of either facility.
Isolation zone - Any area adjacent to a physical barrier, clear of all objects that could conceal or shield an individual.
Monitored-retrievable storage installation (MRS)- A compfex designed, constructed, and operated by the Department of Er'ergy for the receipt, transfer, handling, packaging, possessing safeguarding, and storage of spent nuclear fuel aged for at least one year and solivified high-level radioactive waste resulting from civilian nuclear activities, pending shipment to a high-level waste repository or other disposal site.
                          ~
Physical barrier-(1) Fences constructed of No.11 American wire gauge, or heavier wire fabric, topped by three strands or more of barbed wire (or similar material) on brackets angled inward or outward between 30 degrees and 45 degrees from the vertical, with an overall height of not less than 2.4 meters [8 feet), including the barbed topping; (2) building walls, ceilings, and floors constructed of stone, brick, cinder block, concrete, steel, or comparable materials (openings in which are secured by grates, doors, or covers of construction and fastening of sufficient strength so that the integrity of the wall is not lessened by any opening), or walls of similar construction, not part of a building, provided with a barbed topping (as described in item 1 of this definition) of a height of not less than 2.4 meters (8 feet); or (3) any other physical obstruction constructed in a manner and of materials suitable for the purpose for which the l
obstruction is intended.
Spent nuclear fuel (soent fuel)- Fuel that has been withdrawn from a nuclear reactor following irradiation, has undergone at least one year's decay since being used as a source of energy in a power reactor. and has not been chemically separated into its I                    constituent elements by reprocessing. Spent fuel includes the special nuclear material, byproduct material, source material, and other radioactive materials associated with fuel assemblies.
l                                                                  22 E-----____----------_

Strategic special nuclear material- Uranium-235 (contained in uranium enriched to 20 percent or more in the U-235 isotope), uranium-233, or plutonium.
Watchman - An individual, not necessarily uniformed or armed with a firearm, who provides protection for a plant and the special nuclear material therein in the course of performing other duties.
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23

t APPENDIX C - SAMPLE LICENSE CONDITION "The licensee shall follow the physical protection plan entitled: "(Insert facility name)
Independent Spent Fuel Storage Installation Physical Protection Plan," dated (insert date), and as it may be'further amended under the provisions of 10 CFR 72.33(e) and 72.84(d)."
(The requirements of 10 CFR Part 73, Appendix B, for guard training and qualification, are incorporated in Appendix C of the approved physical protection plan. The requirements of 10 CFR Part 73, Appendix C, for contingency planning, are incorporated into Chapter 1.9 of the physical protection.)
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NRC FORM 335                                                                                                    U.S. NUCLEAR LEGULATORY COMMISSION                                 1. REPORT NUMBER RC 1102.
a          ndum N        rs any 22m2c2 CCLIOGRAPHIC DATA SHEET                                                                                                                                        '
csee estructwms on ene reverw
: 2. TITLE AND SUBTITLE                                                                                                                                                                              NUREG 1619 STANDARD REVIEW PLAN FOR PHYSICALPROTECTION PLANS FOR THE INDEPENDENT STORAGE OF SPENT FUEL AND HIGH-LEVEL RADIOACTIVE WASTE                                                                                                        3        DATE REPORT PUBUSHED MONTH            i          YEAR May_ _ _1998                            ,
: 4. FIN OR GRANT NUMBER j
5 AUTHOR (S)                                                                                                                                                                    6. TYPE OF REPORT P.A. DWYER TECHNICAL
: 7. PERIOD COVERED (inctusve Dates)
N/A 8 PERFORMING ORGANIZATION - NAME AND ADDRESS (aNRC. promoe Damon. Omco or Repon. u s Nuc# ear Reguratory Commisman, and madng aowess, scontractor                                                                                    ,
proude name anct madng adwess)
                                                                                                                                                                                                                                                                                  )
DIVISION OF FUEL CYCLE SAFETY AND SAFEGUARDS OFFICE OF NUCLEAR MATERIAL SAFETY AND SAFEGUARDS U.S. NUCLEAR REGULATORY COMMISSION WASHINGTON, DC 20555
: 9. SPONSORING ORGANIZATION - NAME AND ADDRESS (aNRC. type *Same as inove' # contractor, promas NRC Damon. Omce or fieron. u 5 Nucear Regulatory Commesmon.
anct madng adkess)
SAME AS ABOVE
: 10. SUPPLEMENTARY NOTES
: 11. ABSTrtACT (200 woras or ess)
THIS DOCdMENT IS A STANDARD REVIEW PLAN (SRP) FOR EVALUATING PLANS FOR THE PHYSICAL PROTECTION OF SPENT FUEL AND HIGH-LEVEL RADIOACTIVE WASTE STORED AT:(1) INDEPENDENT SPENT FUEL STORAGE INSTALLATIONS: (2) MONITORED RETRIEVABLE STORAGE INSTALLATIONS; AND (3) THE GEOLOGIC REPOSITORY OPERATIONS AREA CONDUCTING A REVIEW ACCORDING TO AN SRP ENSURES THAT LICENSE APPLICANTS ADDRESS EVERY PERTINENT NUCLEAR REGULATORY COMMISSION .(NRC) REQUIREMENT IN THEIR NRC-APPROVED PHYSICAL PROTECTION PLAN AND ENSURES CONSISTENCY AND COMPREHENSIVENESS IN THE NRC REVIEW OF THE PLANS. THE INFORMATION HERE TAKES A NEW MATRIX OR " MODULAR" FORMAT TO STREAMLINE THE INFORMATION AND FACILITATE ITS USE.
COMMENTS THAT WOULD MAKE FUTURE REVISIONS OF THIS SRP MORE USEFUL ARE INVITED AND SHOULD BE DIRECTED TO:
PRISCILLA A.DW(ER DIVISION OF FUEL CYCLE SAFETY AND SAFEGUARDS OFFICE OF NUCLEAR MATERIAL SAFETY AND SAFEGUARDS U.S. NUCLEAR REGULATORY COMMISSION I                                                     WASHINGTON, DC 20555-0001 I
i
: 12. KEY WORDS/DESCRIPTORS (Law .aras or poroses met war asmst reseacners m ecattag one eeport )                                                                                           13 AVAALA88Liiv STATEuthi STANDARD REVIEW PLAN                                                                                                                                                                           unlimited PHYSICAL PROTECTION                                                                                                                                                                14 SECURITY CLAS$1FICATION SPENT FUEL                                                                                                                                                                          (Tnes Pag [
SAFEGUARDS                                                                                                                                                                                    undassified
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NRC FORM 426                                                               U. S. NUCLEAR REGULATORY COMM SSION 9 ILFORT NUMeER forasy) Otnaen number p,y                                                                                                                                     from the Technmal PuDhcanons seenen.
TSlephone 2MTU4 w WM7166 NGCMO 3 T RELEASE TO PUBLISH                                                                       "'**""**""'*"'""
UNCLASSIFIED NRC STAFF PUBLICATIONS NUREG 1610" IPluso type orprinf)
: 2. TrTLE ANo sueTITLE (3ese at A4 usate sapeer Assers as rey snome appear am Fe repwt)
Standard Review Plan for Physical Protection Plans for the Independent Storage of Spent Fuel and High-Level Radioactive Waste                                                                                                                       -
: 3. oestwouTom A. L t codu v. d,stnbution 6.s teos ostreuoan use oowvpaan, sur une neport and oocument..-                                 Distribution Code: 55 uuREGen-orse).or omai act-4is.7tes to obiem a copy.
                                                                                                                                            + (see attached
: s. pro.de pe.i.on meinne ist.as vor edeemu not included in NRC drstributaon ists: N NRC staff. prende name and                        mai1ing1abe1s) meii nop dy: W non NRC ed&uuss, prende compide me&ng ed&ou C. Include number of copses for the NRC Report "m. genng name and mail esop.
D. N more then one oopy is requesd for en oddressee,indcole the number of copwe in _                     on the labad.
4.OM          QUIRED DATA SURVEY l 640 l A. Hours spwd weng, odeng, and comping the report by NRC staff only.
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l B. Number of graphe figures, excluding tables.
l 24              l C. Total pages typed, including au drafts. Include pages typed by the program offee and processed by the Ptddrahnryg Brgn
          --              D. Computer tune spent propenng data for the report-does not include word processang or graphes software.
E. Frequency ofissuance or update                   ANNUALLY            SEMIANNUALLY                QUARTERLY              MONTHLY            LESS OFTEN l
        ,,, ,,                                                            6. CERTIFICATION (ANSWER ALL QUESTlONS)
(Cor'tect lhe End User Sampart Bronch.Onice of Mbrmeabn Reeources Menspement, sur Mstrucnons # Ihe report consGns a cornpunir code.)
A. REFERENCE AVAILA81UTY            .              Nehonal                         Sennos.         NRC Public             Room Xl            l                                           N no. hot betow the spacenc evedotukty of each referenced document-l SPECIFIC AVAILABIUTY (Mcfude esechmentK.-- _          _W Does us report contain 6 M I        I x IS. COPYRIGHTEDMATERiAL                          n , eeect. e i.ee, ,,sies.e .,orn ,. _               t. ids .,e cop,n X                                               ""'.'NRC
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!                                                                                                                                                                                     l D. NFORMATION REQUESTS               -        .                       and Rd'''                    Bronch Ofka                  Resources -   __g     ;. et 7
Does this report conteen measurement and weight vasues?
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NUREG-oones reports C impose ^~_., requeements on boenmess por NRC to 3.7., F ert i(E).
F. M REN.'TS                     .
IX                                                           Pleses chmak the *YE5" bom to A that the report oomphes with this sistement.
: 18. PUBUCATION FORMATS (Check appropriate box)
In odebon to paper, pubhah in the foNowing forrnpts A psxE1TE                     a coRoM             X     C www
: 7. RESPONSIBLE REPORT CONTACT                                       s. AUTHORf2ATIO$f TO PRfMT (Camnet be the emme person Notedin block T.)
l                                                                                            NRC OFFc1AL Alf7NoRIZING RELEASE (Type or armr name)
INAME (rypeerannoPriscilla A. Dwyer                                                           Elizabeth Q. Ten Eyck msp.<>,E NuimeRj Mail sTop               E ,* ilio               Director, FCSS/NMSS IorFcE;avmon NMSS/FCSS 301-415-8114T-8-A33                                       PAD @NRC. GOV          s.GN, #E                                                       o.TE 7k                             WU                               ~N-iS                                       kk                                  $W
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i U[M01-P] POP NUCLEAR REGULATORY CCMMISSION 98 MY 12 All:42-.
10 CFR Parts 60,72,73,74 and 75                                                  -
                                                                                                                                                           -r OF. .
RIN: 3150 - AF32                                          Re, .              ,
                                                                                                                                                                    ^1:'
ADJU.-..
Physical Protection for Spent Nuclear Fuel and High-Level Radioactive Waste DOCKET Ntj,gggg l    AGENCY: Nuclear Regulatory Commission.                                                                                               'D EJ 3 0,72,73<76 (bOM42079)
ACTION: Final rule.

==SUMMARY==
: The Nuclear Regulatory Commission is amending its regulations to clarify physical guischon requirements for spent nuclear fuel and high-level radioactive waste stored at independent spent fuel storage installations (ISFSis), monitored-retrievable storage (MRS)                                                                                     ]
l installations, and geologic repository operations areas (GROAs). These amendments codify l    standards for protecting spent fuel at the various storage sites licensed under the Commission's regulations.
                                                                                                                       /3,/998 l
EFFECTIVE DATE: ( r.::".1"O d;p ;T.;c --A&:S-:-c. ;';t.b T.r : r b lr,:t; T:t?! 9: ::::.)
FOR FURTHEP,INFORMATION CONTACT: Priscilla A. Dwyer, Omce of Nuclear 64aterial l
Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20o55-0001, telephone (301) 415-8110, e-mail PAD @NRC. GOV.                                                                                                .
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Ppb. on 5lIs W c$ &3 FR 9to965 I               &

I SUPPLEMENTARY INFORMATION:
i
: 1. Backaround.
i On August 15,1995 (60 FR 42079), the Commission published for public comment a l
proposed rule that would clarify its regulations on the physical protection of spent nuclear fuel   ,
and 'high-level radioactive waste. The proposed regulation would have applied to spent fuel and high-level radioactive waste stored at ISFSis, power reactors that have permanently ceased reactor operations, MRS installations, and the GROA. The proposed rule stated that the              f:
l 1
requirements for physically protecting this type of material lacked clanty in defining which regulations were to be applied at these sites. This resulted in a non-cohesive regulatory base.
l The proposed rule would provide a set of performance-based requirements, consistent with
: l. current programs that are currently licensed and implemented at sites under a unified policy for l   physical protection.
The proposed rule also indicated that the Commission was studying the need for specific protection against the malevolent use of a vehicle at sites affected by the rule (this is discussed further under the " Protection Goal" heading). The rule also proposed a conforming amendment to 10 CFR Part 60 - to require material control and accounting (MC&A) measures at the GROA that would be identical to that required of ISFSis under Part 72 . The proposed rule added a provision under 10 CFR Part 75 to clanfy that if GROAs are subject to Intemational Atomic Energy Agency (IAEA) safeguards, then NRC's nuclear material accounting and control regulations for implementing the " Agreement between the United States
(
and the IAEA for the Appucation of Safeguards in the United States" apply. Finally, the Commission requested specific comment on five questions regarding impacts of the proposed regulation on licensees.
1 2
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l l
: 11. Summarv and Analysis of Public Comments.
The proposed rule was subject to a 90-day public comment period which ended on November 13,1995. Twenty letters of comment were received. Sources for these comments                       {
included a nuclear industry group [the Nuclear Energy Institute (NEI)); one national laboratory; fifteen utilities involved in nuclear activities, two Federal agencies (the Environmental Protection        j Agency (EPA) and the Department of Energy (DOE)]; and one citizen's group. Twelve letters of comment explicitly endorsed, either in total or in part, the views expressed by the NEl. Four               l 1
1 letters of comment, in part, supported the general objectives of the proposed rulemaking.
i Correspondence received from EPA indicated no comment. The comments have been grouped under the following general topics:                                                                 ,
: 1. Protection Goal,                                                                                        j
: 2. Basis for Requirements.
: 3. Required Level of Physical Protection.                                                                  l
: 4. Backfit and Regulatory Analysis.                                                                        )
1 1
: 5. Rule Language Specifics.
: 6. GROAs.
7 Staff-Generated Amendments.
: 8. Summary of Responses to Commission's Specific Questions.
1
: 1. Protection Goal.
i Comment. Commenters noted that, although it was appropriate that a protection goal for                f spent fuel and high-level radioactive waste be defined, the protection goal neec ed to be less stringent than the codified design basis threat for radiological sabotage. It was further stated I
that a 10 CFR Part 100 release, the unofficial criterion for determining radiological sabotage of power reactors, would be extremely difficult to realize with respect to spent fuel and high-level l
radioactive waste. The citizen's group commented that any protection goal developed for spent fuel should also counter the malevolent use of an airbome vehicle.
l 3
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Resoonse. The NRC agrees that the establishment of a protection goal should be the first step in the development of any physical protection standards One issue that may have caused confusion in the proposed rule is that the assumptions for determining " radiological sabotage" differ between Part 72," Licensing Requirements for the Independent Storage of Spent Fuel and High-Level Radioactive Waste " and Part 73. " Physical Protection of Plants and Material." The differing assumptions are appropriate because " radiological sabotage," as used under Part 73, applies to a power reactor and implies the unofficial criterion of a Part 100 release for power reactors. " Radiological sabotage" as used under Part 72 applies to the storage of spent fuel and high-level radioactive waste and is baseo on the consequences of a design basis accident as defined under Part 72. Although the same term is used under both 10 CFR Parts, it is based on different assumptions and results in different levels of required protection. The Commission agrees that this is confusing and that " radiological sabotage," as used for operating reactors, is        l not an appropriate protection level for spent fuel and high-level radioactive waste. The                   j Commission concludes that the protection goalis best characterized by the phrase:
* protection against the loss of control of the' facility that could be sufficient to cause radiation exposure f
exceeding the dose as described in 10 CFR 72.106." The final rule has been modified                         I l
accordingly.                                                                                               J i
i With regard to protection against the malevolent use of a land-based vehicle, .NRC has determined, based on the opinions of expert study and a peer review of findings, that there is no compelling justification for rear.Eng a vehicle barrier as perimeter protection for spent fuel           ,
and high-level radioactive waste i.m,d under a Part 60 or Part 72 license. Inclusion of an airborne vehicle was assessed for possible inclusion into the protection goal for this rule.
However, protection against this type of threat has not yet been determined appropriate at sites with greater potential consequences than spent fuel storage installations. Therefore, this type            ,
of requirement is not included within the protection goal for this final rule.
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I l
2 Basis for Requirements.
Comment. Commenters frequently questioned the need for tying Part 72 requirements to Part 73. The commenters assumed that by involving Part 73 in the rulemaking, it was implied that the level of physical protection normally attributed to power reactors was being required.
Phraseology used in the proposed requirements, such as using the term " protected area," (PA) tended to further foster this impression.
Responst The Commission disagrees that placing requirements under Pard.s implies any association with the physical protection requirements for power reactors. It is noted that Part 73 provides, in one consolidated Part, all of the requirements for those facilities needing physical protection. This is one reason why an explicit requirement for the protection of spcnt fuel and high-level radioactive waste is beir'g added to Part 73. Part 73 includes more stringent requirements for power reactor and Category I fuel cycle facilities and much less stringent requirements for the protection of Category 111 facilities. With regard to use of the term
   " protected saa," the Commission has determined that the term is correctly used in review of its definition under 10 CFR 73.2. Nonetheless, the Commission has reviewed the physical protection terminology found in the final rule to ensure that it does not imply a different level of physical protechon than 6.1 tended.
: 3. Level of Physical Protection Needed Comment Some commenters axpressed the opinion that the level of physical protection              l descnbod by the proposed amendments was unnecessary and overiy burdensome The industry group noted that what was truly needed was a level of physical piviodiori comparable to " enhanced industnal security." Cited examples of this type of protection were: use of suitable fencing, ocked access points, sufficient illumination, and periodic security patrols.
Other commenters questioned the need for some of the redundancy that was included in the l
proposed rule. One citizen's group believed that physical protection measures should be more stringent than those described in the proposed rule.
5 l

Response. The Commission believes that the appropnate level of physical protection for spent fuel and high-level radioactive waste lies somewhere between industrial-grade secunty and the level that is required at operating power reactors. The Commission also notes that the ra+1re of spent fuel and of its storage mechanisms offers unique advantages in protecting the snaterial. This factor, along with revised consequence considerations, leads the Commission to conclude that physical protection at sites where spent fuel and high-level radioactive waste are stored under a 10 CFR Part 60 or 72 license can be more flexibly applied than previously proposed. Accordingly, the final rule has been revised to minimize redundancy and add flexibility. Specific changes are outlined in Section 111," Summary of Specific Changes Made to the Proposed Rule as a Result of Public Comment."
: 4. Backfit and Regulatory Analysis.
Comment. NEl and a few licensees commented that the proposed regulation imposes a generic backfit as defined under 10 CFR 50.109 and 72.62. The NRC asserted in the proposed rule that the amendments merely codified and standardized physical protection measures that, through license amendment, were already in place at existing sites. Hence, it was concluded that no backfit was involved. Commenters further stated that, in terms of backfit requirements,
                      ^
the cost to implement the proposed rule was not justified based on the potential increase in protection that the rule would afford public health and safety.
Other commenters specifically responded to the Regulatory Analysis that accompanied the rule. These commenters expressed concern that certain provisions of the regulatory analysis could turn into de facto requirements.
Additionally, it was recommended that affected sites should be " grandfathered" under any final rulemaking. Accordingly, these sites would not be required to meet the provisions of the new physical protection rule because an adequate level of physical protection was already in place at the site, based on an NRC-approved physical protection plan.
l                   Resoonse. Under the proposed rule, the Commission stated that the backfit rule in 10 CFR 50.109 did not apply because the amendments did not impose any additional 6
l l
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requirements on Part 50 licensees. Furthermore. the Commission notes that all references to Part 50 licensees are deleted in the final rule.
The Comrnission further stated that the backfitting requirements in 10 CFR 72.62 did not apply because the proposed amendments neither imposed nor modified procedures or organizations of ISFSis licensed under Part 72. The Commission considers these statements true based on their assessment of the proposed regulation and its intended implernentation. However, on further review, the backfit rule in 10 CFR 72.62 may be applicable to one facility which has only l
one isolation zone exterior to the perimeter barrier. The NRC staff has identified alternative measures currently in place that provide an equivalent level of physical protection. The staff does not intend to require this facility to establish an interior isolation zone. Thus, no backfit occurs due to the new rule. Because 10 CFR 72.62 does not cover reporting and recordkeeping requirements, the inclusion of 10 CFR 73.51 in 73.71 evert reporting is not a backfit.
With respect to grandfathering existing sites, the Commission believes that implementation of this final rule at these sites presents no undue burden to affected licensees and provides a minimum level of physical protection to adequately protect the public health and safety.
Accordingly, there is no need for a grandfathering provision and no change has been made in the final rule in response to this comment. The Commission notes that the Regulatory Analysis for the final rule has been revised to reflect changes made in response to public comment and to eliminate ambiguities.
: 5. Rule Language Specifics.
Comment. A variety of comments were received regarding specific rule terminology. The suggestion was mada W the term " protected area" be revised to "lSFSI controlled access area."
Resoonse. As indicated previously in this notice, the use of the term " protected area," is consistent with its definition in 10 CFR 73.2. Furthermore, because it is the Commission's position that a site where spent fuel and high-level radioactive waste is stored be surrounded by 7

a fence. it is not considered adequate to call the enclosure a controlled access area (CAA).
Under 10 CFR 73.2. the definition of a CAA requires only a demarcation of the area, not a                j fence.
Comment. Another commenter supported the Commission position that operating power reactor licensees that store spent fuel under a general license should have the option of using the physical protection measures of either 10 CFR 72.212(b)(5) or the proposed 10 CFR 73.51.
The commenter also quec..oned whether the requirements of 10 CFR 72.182,72.184, and 72.186 apply to a general license, in addition to Subpart K. A related question requested clarification on how general license holders were to notify NRC regarding which option they would exercise.
Resoonse The Commission notes that a licensee having a Part 50 license does not fall within the scope of the final rule. The Commission believes it is premature to bring these licensees under the provisions of the final rule because continued protection for spent fuelin storage pools at Part 50 sites is currently under study by the NRC.
Comment. One commenter requested clarification on the specific exclusion of an exemption for ISFSis from the malevolent use of a vehicle threat within the design basis threat. The commenter indicated that it was not readily apparent and also a cumbersome process to determine the current exempt status of an ISFSI under present regulations.
Response The Commission agrees and has revised the text of the rule to exclude reference to the design basis threat described under 10 CFR 73.1.
Comment. One commenter questioned whether the proposed rule would apply to a permanently shutdown power plant where spent fuel is stored and the plant is operating with a Part 50 possession-only license.
Response. A facility with a Part 50 license is not subject to the provisions of the final rule.
This revision to the final rule has been made because the Commission believes it is premature 8
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m - - - _ - - _ - ___ - __                                                                                                                   . _ _ _ _ _ _ _ _
to include these licensees within the scope of the rule because continued protection for spent fuel in storage pools at Part 50 sites is currently under study by the NRC.
Comment. A commenter requested clarification on the need for back-up power for physical protection-related equipment.
l
!                                                                                                       Response The Commission believes that affected licensees should not be vulnerable to loss of offsite power. Thus, it is necessary for licensees to assure either continuous operation of required physical protection equipment during power failure or to demonstrate the ability to provide immediate compensation for such failures.
Comment F-           luired illumination levels, assessment techniques, required frequency of l
physical piotect.on patrols, and searches before entry to the PA were all subjects of comment.
A commenter suggested that illumination be provided only during periods of assessment and
                                                                                                                            ~
that the entire PA need not be illuminated to a level of 0.2 footcandle.
1 Response The Commission agrees that illumination to a 0.2 footcandle level represents a                             {
large operating cost and may be difficult to achieve, given cask structure. This provision has been amended to more clearly indicate that, while illumination should be maintained during all periods of darkness, only an adequate level of illumination is required within the PA for the                                                i detection assessment means used. In addition, required performance capabilities regarding detection are clarified in the final rule by specifying the use of active intrusion detection equipment, as opposed to passive systems.
Comment Some commenters noted that the frequency of patrols should coincide with watchmens' duty shift lengths, as opposed to once every eight hours as recommended in the proposed rule.
Response The Commission does not agree that the frequency of patrols should coincide with duty shift lengths. However, the Commission agrees that some flexibility can be provided.
Accordingly, this provision of the final rule is revised to require daily random patrols, only.
9 l
o       _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ .                                        . _ _ _ _ _ _ . _   . _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.____

Comment. Licensees cited the burden of maintaining expensive and delicate explosives detection equipment to meet the proposed requirement for explosives searches conducted before entry to the PA.
Resoonse. The Commission agrees. To clanfy this issue, the Commission has revised the proposed rule to require only a visual search for explosives. Because pedestrian and vehicular traffic is not expected to be high volume at facilities affected by the rule, this type of search is not considered an undue burden to affected licensees. Furthermore, the amount of explosives that may cause a radiological release is not easily concealed.
Comment. Other commenters noted redundant records retention requirements in 10 CFR 72.180 and 10 CFR 73.51 (c).
Resoonse. This concem has been corrected in the final rule.
Comment. One commenter noted an apparent contradiction in the proposed regulation regarding use of deadly force in the protection of an ISFSI. The commenter had been advised by NR,C staff that use of deadly force was not expected of members of the security organization at ISFSis. The commenter reasoned that this was not consistent with the requirement to protect against radiological sabotage under the proposed rule.
Response The issue involving the use of the term radiological sabotage has been resolved as discussed previously. Further, the Commission never intended that onsite physical protection personnel at an ISFSI would provide a response to a safeguards event other than calling for assistance from local law enforcement or other designated response force unless their timely response could not be ensured. The Commission also notes that 10 CFR 73.51 only calls for unarmed watchmen, not armed guards.
Comment. Commenters believe that the requirements for redundant alarm monitoring i
stations and specified staffing levels for the primary alarm station are oserly burdensome and unnecessary.
10

Resoonse. The Commission agrees that the requirement for redundant alarm stations is excessive. Regarding alarm monitoring, this provision is revised in the final rule to' require. in the redundant location, only a summary indication that an alarm has been generated. This location need not necessarily be located onsite and could, for example, be a simple readout in a continually-staffed locallaw enforcement agency office. This is contingent on the assurance that communications with the local law enforcement agency or the designated response force can be maintained. Regarding requ; red staffing level of the primary alarm station, the Commission has deleted the specific requirement that the physical protection organization be comprised of at least two watchmen from the final rule. This deletion is contingent on the Commission's expectation that a human presence be maintained in the primary alarm station at all times. To achieve this, the Commission clarifies its position that the primary alarm station must be located within the PA, be bullet-resisting, and be configured such that acJvities within the station are not visible from outside the PA. The intent of these measures is to ensure that a single act cannot destroy the capability of an onsite watchman to call for assistance. The final rule has been modified accordingly.
l Comment. Finally, conceming the actual terminology and format of the proposed rule,             i l
commenters expressed support for its performance-based nature but rejected the set of provisions under 10 CFR 73.51(d) as being overly prescriptive.
Resoonan. The Commission responds that the proposed regulation found in 10 CFR 73.51 (d) is needed to provide additional clarity in meeting the performance capabilities in 10 CFR 73.51(b) and notas that many of the physical protection measures described under 10 CFR 73.51(d) are relaxed in the final rule and are less prescriptive in a number of cases.
: 6. GROA.
Comment Two comments were received from DOE on the amendmants to Part 60 dealing with the geologic repository. The first commenter requested that it be emphasized in the
                " Statement of Considerations" for the final rule that the requirement for physical protection of GROAs be applicable only during their operational phases and not after closure.
I1

Resoonse. The Commission agrees with this observation and has clanfied the exemption in the final rule to specifically exempt GROAs from the requirements of 10 CFR 73.51 after permanent closures.
Comment. The second commenter requested clarification on apparent conflicts in Part 60,
*           " Disposal of High-Level Radioactive Waste in Geologic Repositories," regarding the level of detail required of physical protection plans during the different phases of the certification process.
Resoonse. The Commission notes that NUREG 1619," Standard Review Plan for Physical Protection Plans for the independent Storage of Spent Fuel and High-Level Radioactive Waste," to be issued concurrently with the effective date of the final rule, will contain guidance in this area.
: 7. NRC Staff-Generated Amendments.
Subsequent to publication of the proposed rule, a technicalissue arose involving the cooling time of spent fuel as it relates to the degree of physical protection needed. Because a response to this issue continues to evolve within tne NRC, the Commission believes it would be inappropriate to apply the provisions of the final rule at this time to a licensee holding a 10 CFR Part 50 license. Hence, licensees holding a 10 CFR Part 50 license are not within the scope of the final rule. Further, review indicated that there was some confusion pertaining to MC&A requirements for ISFSis. Specifically, the NRC staff asked if ISFSis were exempt from the requirements of 10 CFR 74.51 and, if not, why not. Specific MC&A requirements for ISFSis are found under Pad. 72. After consideration of the issue, for clarification, the NRC staff has included an amendment to 10 CFR Part 74 that specifically exempts ISFSis from 10 CFR 74.51 in the final rule.
: 8. Summary of Responses to Commission's Specific Questions.
l
                   -Question 1. Would the proposed amendments impose any significant additional costs for safeguards of currently stored spent nuclear fuel beyond what is now incurred for that purpose?
12

Eummary of Resoonses. Five responses from nuclear utilities specifically addressed this issue. Allindicated that the amendments, as proposed, would significantly increase costs.
Manpower-intensive measures, such as the requirement to maintain a minimum of two watchmen per shift, were most often cited as creating an undue burden. One licensee estimated costs of $1 to 2 million to implement, and a continuing cost increase of 30-50 percent, annua!!y, to physical protection operations.
NRC Resoonse. Licensees holding a 10 CFR Part 50 license are no longer within the scope of this rule. The final rule has been revised to minimize redundancy and add flexibility to its implementation. There should be no significant increase in cost to current licensees.
Question 2. Is there reason to expect the costs to future licensees to differ substantially from those of current licensees?
Summarv of Resoonses. Four responses from nuclear utilities specifically addressed this issue. Three utilities cited both higher current and annual operating costs. One utility noted that, to the extent that current licensees have been required to commit to the practices recommended in the proposed rule in initial licensing, there is no anticipated difference in cost.
NRC Response Licensees holding a 10 CFR Part 50 license are no longer within the scope of this rule. The final rule has been amended to be more consistent with physical protection implemented at sites with currently-approved physical prot?ction plans. Hence, there should be no significant increase in costs to future licensees.
Question 3 Are the cost estimates in Table lit of the Draft Regulatory Analysis representative of current industry experience? Are there significant costs that have not been included in the table?
l Summarv of Resoonses. Three responses from nuclear utilities specifically addressed this l
issue. One respondent indicated that the cost estimates in Table lit of the
* Draft Regulatory Analysis" are sufficiently broad to address industry experience However, the inclusion of a continual surveillance system is not covered and the respondent suggested that it should be a 13

separate line item. Another respondent indicated that the cost estimates appear to be comprehensive except they do not include construction and maintenance of physical protection office space, a records retention area. and alarm station (s).
73 Resoonse. The " Regulatory Analysis" has been revised to reflect public comment to inclJde any omissions or changes made to the final rule.
l
!         Question 4. Are the costs justified by the benefits that would be afforded by the proposed l    amendments? Are there alternatives that would afford essentially the same benefits but be more cost-effective?
l Summary of Resoonses. Three responses from nuclear utilities specifically addressed this issue. All three indicated that the costs were not justified by the benefits derived from the proposed rule. One respondent stated that the individual measures of 10 CFR 73.51(d) have L
merit, but, when taken in aggregate, they are not necessary to protect public health and safety.
This respondent further stated that redundancy in the proposed rule was not needed and the rulemaking should give affected licensees latitude in selecting and justifying the means of physical protection. Attematives that were suggested involved the deletion of specific
  -   proviskms of the proposed rule and also the restructuring of the rule so as to not group all ISFSis under one set of physical protection criteria.
NRC Response The Commission has revised the requirements of the proposed rule to eliminate unnecessary redundancies, add flexibility in implementation, and reduce manpower-intensive measures while maintaining an adequate level of physical protection.
Question 5 Are the proposed amendments to 10 CFR 73.51 appropriate for an MRS or geologic repositoy operated by DOE 7 Summarv of Resoonse. NEl was the only respondent to this issue. NEl noted that NRC should be mindful of the evolving nature of MRS installations and the geologic repository in the development of physical protection regulations for these sites.
14

BLRC Resoonse. NRC staff continues to work closely with DOE staff in the development of the certification process for MRS installations and the GROA lit Summarv of Soecific Chanaes Made to the Proposed Rule as a Result of Public Comment Major changes made to the proposed rule include:
(1) The incorporation of a protection goal, and (2) Regarding required levels of physical protection, redundancies have been reduced, flexibility added, and manpower intensive measures minimized, for example -
                 -            Regarding alarm monitoring, the redundant alarm station need only provide a summary indication at a continually staffed location;
                 -            Redundant records retention has been eliminated;
                 -           The required staffing level for the security organization has been eliminated and required siting and configuration of the primary alarm station clarified;
                 -            Hand-held equipment searches for explosives are replaced with visual searches; and
                 -            Illumination levels need only permit adequate assessment of the PA according to the assessment means used. Detection equipment must be active in nature.
As discussed previously, the final rule does not apply to a licensee holding a '10 CFR Part 50 license.
t A section-by-section comparison of the proposed and final rules follows 15 r
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                                                                                . - - - - - - - - - - - - - - - - - ____________________a

Part 60 - - Discosal of Hiah-Level Radioactive Wastes in Geoloaic Repositories.
: 1. Section 60.21, Content of application. This section is unchanged from the proposed rule.
                                                                                                                             ]
: 2. Section 60.31, Construction authorization. This section is unchanged from the proposed rule.
: 3. Section 60.41, Standards for issuance of a license. This section is unchanged from the proposed rule.
: 4. Section 60.78, Material control and accounting records and reports. This section is unchanged from the proposed rule.
1 Part 72 -- Licensino Requirements for the Independent Storaoe of Soent Nuclear Fuel and Hiah-Level Radioactive Waste
: 6. Section 72.24, Contents of application: Technicalinformation. This section is unchanged from the proposed rule. The term " radiological sabotage" is based on Part 72 assumptions and not a Part 100 radiological release.
: 6. Section 72.180, Physical security plan. This section is unchanged from the proposed i
rule except for changing the title to Physical Protection Plan to be consistent with 10 CFR Part 73.
: 7. Section 72.212, Conditions of general license issued under $72.210. Revisions to this section have been deleted in their entirety.
i 16                                                                    l 1

Part 73 -- Physical Protection of Plants and Materials
: 8. Section 73.1, Purpose and Scope. Paragraph (b)(6)is unchanged from the proposed rule.
: 9. Section 73.50, Requirements for physical protection of licensed activities. This section remains unchanged from the proposed rule.
: 10. Section 73.51, Requirements for the physical protection of stored spent nuclear fuel and'high-level radioactive waste. Paragraph (a), Applicability, has been revised to more precisely define the type of material affected by the rule and to eliminate 10 CFR Part 50 licensees from the provisions of the rule..
Paragraph (b)(3), General Performance Objectives, has been revised to read: "The physical protection syste m must be designed to protect against loss of control of the facility that could be sufficient to causo radiation exposure exceeding the dose as described in 10 CFR 72.1067 This revised statement describes a more appropriate protection goal that is consistent with Part 72. It also allows for a physical protection system less stringent than required to protect against radiological sabotage at operating power reactors.
The introductory text of paragraph (d) has been revised to more clearly indicate the Commission's intent that attemative measures may also be available for meeting the provisions of (d). For example, several questions arose during final rule development as to whether the use of a hardened and protected alarm station sited at an adjacent operating power reactor would meet the intent of paragraph (d)(3) to have a hardened alarm station within the PA of the ISFSt. Staff considers this to be an acceptable attemative measure for meeting this provision of the final rule.
In paragraph (d)(1), the last sentence has been deleted because it is no longer necessary due to the revision cited in the previous paragraph above.
                                                                                                                )
17 l

Paragraph (d)(2) has been revised to read: 'lliumination must be sufficient to permit adequate assessment of unauthorized penetrations of or activities within the protected area "
This revision has been made to permit flexibility in illumination levels.
l Paragraph (d)(3) has been revised to read: "The perimeter of the protected area must
!                                                             be subject to continual surveillance and be protected by an active intrusion alarm system that is capable of detecting penetration through the isolation zone and that is monitored in a continually staffed primary alarm station located within the protected area, and in one additional continually staffed location to ensure that a single act cannot destroy the capability of the onsite watchman to call for assistance. The primary alarm station must be located within the protected area; have bullet-resisting walls, doors, ceiling, and floor; and the interior of the station must not be visible from outside the protected area. A timely means for assessment must also be provided. Regarding alarm monitoring,~ the redundant location need only provide a summary indication that an alarm has been generated." This clarifies the Commission's position that the necessary level of protection should ensure that a single act cannot destroy the capability of the onsite watchman to call for assistance.
Paragraph (d)(4) has been revised to reduce the frequency of patrol from "not less than once every 8 hours" to " daily random patrois" with additional discussion provided in guidance issued to support the rule.
Paragraph (d)(5) has been revised to read: "A security organization with written procedures must be established. The security organization must include sufficient personnel per shift to provide for monitoring of detection systems and the conduct of surveillance, assessment access control, and communications to assure adequate response. Members of the security organization must be trained, equipped, qualified and requalifed to perform assigned job duties in accordance with Appendix B to Part 73, LA, (1) (a) and (b); B(1)(a); and the applicable portions of II." This change eliminates a required staffing level and describes qualification and training levels for watchmen, only, as the primary members of the security organization.
18
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Paragraph (d)(6) has been changed to require timely" response from the designated response forces. If timely response cannot be provided, additional protective measures may be required, to include use of armed guards.
Paragraph (d)(7) has been deleted.
Paragraph (d)(8) has been redesignated as paragraph (d)(7) and revised to read as follows: "A personnelidentification system and a controlled lock system must be established and maintained to limit access to authorized individuals." This eliminates the unnecessary coupling of the identification system with the system used for key and lock control as requested by commenters.
Paragraph (d)(9) has been deleted. If a person is authorized access to the PA, properly identified, and subject to search, there is no need for the individual to be escorted.
Paragraph (d)(10) has been redesignated as paragraph (d)(8). Regarding communications, the term " security organization" has been revised to "onsite security force members" to more precisely define communication channels.
Paragraph (d)(11) has been redesignated as paragraph (d)(9) and revised to read as follows: "All individuals, vehicles and hand-carried packages entering the protected area must be checked for proper authorization and visually searched for explosives before entry." This is permissible because the emount of explosives needed to cause a radiological release is not easily concealable.
Paragraph (d)(12) has been redesignated as paragraph (d)(10). The text of this paragraph is unchanged from the proposed rule.
                                                                                                                                                                                                            )
Paragraph (d)(13) has been redesignated as paragraph (d)(11) and revised to read as follows: "All detection systems, surveillance / assessraent systems, and supporting subsystems including illumination systems must be tamper-indicating with line supervision and be maintained in operable condition. Timely compensatory measures must be taken after 19 l

l discovery of inoperability to assure that the effectiveness of the physical protection system is not reduced."
Paragraph (d)(14) has been redesignated as paragraph (d)(12) and remains unchanged from the proposed aie.
l l
Paragraph (d)(15) has been redesignated as paragraph (d)(13). This provision has          j 1
been added to assure that duplication of records under $72.180 is not required. Paragraph         l (d)(13)(ii) has been revised to read as follows: " Screening records of members of the security organization." Finally, the log of patrols must contain all patrols, not just routine patrols.
Paragraph (e) has been revised for clarity.
: 11. Section 73.71, Reporting of safeguards events, remains unchanged from the proposed rule.
Part 74 -- Material Control and Accountino of Soecial Nuclear Material.
: 12. In Section 74.51, Nuclear material control and accounting for special nuclear material, paragraph (a) has been revised to read as follows: " General performance objectives.
Each licensee who is authorized to possess five or more formula kilograms of strategic special nuclear mate-ial (SSNM) and to use such material at any site, other than a nuclear reactor licensed pursuant to Part 50 of this chapter, an irradiated fuel reprocessing plant, an operation involved with waste disposal, or an independent spent fuel storage facility licensed pursuant to Part 72 of this chapter, shall establish, implement, and maintain a Commission approved material control ano accounting (MC&A) system that will achieve the following objectives.. "
This paragraph specifically exempts Part 72 ISFSis from the requirements of 10 CFR 74.51.
l 20

Part 75 -- Safeauards on Nuclear Material-Implementation of US/lAEA Acreement.
: 13. Section 75.4 Definitions, remains unchanged from the proposed rule.
Criminal Penalties NRC notes that these final amendments are issued under Sections 161b and i of the Atomic Energy Act of 1954, as amended. Therefore, violation of these regulations may subject a person to criminal sanctions under section 223 of the Atomic Energy Act.
Environmental Impact: Categorical Exclusion The Commission has determined that this final rule is the type of action described as a categorical exclusion in 10 CFR 51.22(c)(3)(i) and (iii). Therefore, neither an environmental impact statement nor an environmental assessment has been prepared for this final rule.
Paperwork Reduction Act Statement This final rule amends information collection requirements that are subject to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). These requirements were               l approved by the Office of Management and Budget (OMB), approval numbers 3150-0002,              l 3150-0055, 3150-0123, and 3150-0132.
Public Protection Notification if an information collection does not display a currently valid OMB control number, the NRC may not ccnduct and a person is not required to respond to, the information collection.
                                                                                                                                                               )
I 21                                i

Regulatory Analysis The Commission has prepared a " Final Regulatory Analysis" for this final rule. The final
!                                                                       analysis examines the benefits and alternatives considered by the Commission. The " Final Regulatory Analysis" is available for inspection in the NRC Public Document room 2120 L Street NW (Lower Level), Washington DC. Single copies of the analysis may be obtained from i
Priscilla A. Dwyer, Division of Fuel Cycle Safety and Safeguards Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.
The " Final Regulatory Analysis" is available for viewing and downloading from the NRC's rulemaking bulletin board.
Regulatory Flexibility Certification As required by the Regulatory Flexibility Act,5 U.S.C. 605(b), the Commission certifies that this rule does not have a significant economic impact on a substantial number of small entities. The final rule affects operators of ISFSis and DOE as the operator of the MRS and GROA. The affected licensees do not fall within the scope of the definition of"small entities" set forth in Sechon 601(3) of the Regulatory Flexibility Act, or the NRC's size standards (10 CFR 2.810).
1
                                                                                                                                                                                                          /
Small Business Regulatory Enforcement Faimess Act
                                                                                            ~
In accordance with the Small Business Regulatory Enforcement Faimess Act of 1996, NRC has determined that this action is not a " major rule" and has verified this determination with the Office of Information and Regulatory Affairs of OMB.
I L
22 i

Backfit Analysis The Commission has determined that the backfit rule in 10 CFR 50.109 does not apply because this final rule does not impose new requirements on existing 10 CFR Part 50 licensees. The backfit rule in 10 CFR 72.62 may be applicable to one facility which has only one isolation zone exterior to the perimeter barrier. However, the NRC staff has identified alternative measures currently in place that provide an equivalent level of physical protection.
The staff does not intend to require this facility to establish an interior isolation zone. Thus, no backfit occurs due to the new rule. Because 10 CFR 72.62 does not cover reporting and recordkeeping requirements, the inclusion of 10 CFR 73.51 in 10 CFR 73.71 event reporting is -
not a backfit. Finally, the transfer of spent fuel from a reactor, licensed under 10 CFR Part 50 and subject to 10 CFR 73.55 physical protection requirements, to an ISFSI licensed under 10 CFR Part 72, and its associated physical protection provisions (e.g.,10 CFR 73.51) is not a backfit. A new license under 10 CFR Part 72 is a matter of compliance with regulations. In all cases, transition from 10 CFR 73.55 to 73.51 is a relaxation of requirements and not a backfit.
List of Subjects 10 CFR Part60 Criminal penalties, High-level waste, Nuclear power plants and reactors, Nuclear materials, Reporting and recordkeeping requirements, Waste treatment and disposal.
10 CFR Part 72 Manpower training programs, Nuclear materials, Occupational safety and health, Reporting and recordkeeping requirements, Security measures, Spent fuel.
10 CFR Part 73 Criminal penalties, Hazardous materials transportation, Export, import, Nuclear materials, Nuclear power plants and reactors, Reporting and recordkeeping requirements, Security measures.
23 3

1 l
10 CFR Part 74 Accounting. Criminal penalties, Hazardous materials transportation, Material control and accounting, Nuclear materials, Packaging and cantainers, Radiation protection, Reporting and recordkeeping requirements, Scientific equipment, Special nuclear material.
10 CFR Part 75 Criminal penalties, Intergovemmental relations, Nuclear materials, Nuclear power plants and reactors, Reporting and recordkeeping requirements, Security measures.
For the reasons set out in the preamble and under the authority of the Atomic Energy Act of 1954, as amended, the Energy Reorganization Act of 1974, as amended, and 5 U.S.C.
552 and 553 the NRC is adopting the following amendments to 10 CFR Parts 60,72,73,74, and 75.
PART 60 - DISPOSAL OF HIGH-LEVEL RADIOACTIVE WASTES IN GEOLOGIC REPOSITORIES
: 1. The authority citation for Part 60 continues to read as follows:
AUTHORITY: Secs. 51, 53, 62, 63, 65, 81,161,' 102,183, 68 Stat. 929, 930, 932, 933, 935,948,953,954, as amended (42 U.S.C. 2071,2073,2092,2093,2095,2111,2201,2232, 2233); secs. 202,206,88 Stat.1244,1246 (42 U.S.C. 5842, 5846); secs.10 and 14, Pub. L.
95-601,92 Stat. 2951 (42 U.S.C. 2021a and 5851); sec.102, Pub. L. 91-190,83 Stat. 853 (42 U.S.C. 4332); secs.114,121, Pub. L. 97-425,96 Stat. 2213g, 2228, as amended (42 U.S.C.
10134,10141) and Pub. L 102-486, sec 2902,106 Stat. 3123 (42 U.S.C. 5851).
: 2. In $60.21, paragraphs (b)(3), (b)(4), and (c)(10) are revised to read as follows:
660.21 Content of aoolication.
                                                                                                    )
24 I
l
                                                                                                    )

(b) --
(3) A detailed plan to provide physical protection of high-level radioactive waste in accordance with 573.51 of this chapter. This plan must include the design for physical protection, the licensee's safeguards contingency plan, and security organization personnel training and qualification plan. The plan must list tests, inspections, audits, and other means to be used to demonstrate compliance with such requirements.
(4) A description of the program to meet the requirements of 60 78.
(c) *"
(10) A description of the program to be used to maintain the records described in S560.71 and 60.72.
: 3. In 960.31, paragraph (b)is revised to read as follows:
660.31 Construction authorization.
(b) Common defense and security. That there is reasonable assurance that the l
activities proposed in the application will not be inimical to the common defense ano security.
I
: 4. In $60.41, paragraph (c) is revised to read as follows:
660.41 Standards for issuance of license.
25 l

(c) The issuance of the license will not be inimical to the common defense and secunty and will not constitute an' unreasonable risk to the healtn and safety of the public                                                                ,
: 5. A new $60.78 is added to read as follows:
660.78 Material control and accountina records and reoorts.
DOE shall implement a program of material control and accot'nting (and accidental criticality reporting) that is the same as that specified in $$ 72.72,72.74,72.76, and 72.78 of this chapter.
PART 72 - LICENSING REQUIREMENTS FOR THE INDEPENDENT STORAGE OF SPENT NUCLEAR FUEL AND HIGH-LEVEL RADIOACTIVE WASTE 6; The authority citation for Part 72 continues to read as follows:
AU THORIT(: Secs. 51,53,57,62,63,65,69,81,161,182,183,184,186,187,189, 68 Stat 929,930,932,933,934,935,948,953,954,955, as amended, sec. 234,83 Stat. 444, as amended (42 U.S.C. 2071,2073,2077,2092,2093,2095,2099,2111,2201,2232,2233, 2234,2236,2237,2238,2282); sec. 274, Pub. L 86-373,73 Stat. 688, as amended (42 U.S.C.
2021); sec. 201,'as amer 4d, 202, 206, 88 Stat.' 1242. as amended, 1244,1246 (42 U.S.C.                                                                ,
5841,5842,5846); Pub. L. 95-601, sec.10,92 Stat. 2951 as amended by Pub. L. 102-486, sec. 7902,106 Stat. 3123 (42 U.S.C. 5851); sec.102, Pub. L. 91-190,83 Stat. 853 (42 U.S.C.
4332); secs.131,132,133,135,137,141, Pub. L. 97-425,96 Stat. 2229,2230,2232,2241, .
sec.148, Pub. L.100-203,101 Stat.1330-235 (42 U.S.C.10151,10152,10153,10155,10157.
10161,10168),
p i
L                 Section 72.44(g) also issued under secs.142(b) and 148(c), (d;, Pub. L. 100-203,101 l      Stat.1330-232,1330-236 (42 U.S.C.10162(b),10168(c),(d)) Section 72.46 also issued under sec.189. 68 Stat 955 (42 U.S.C. 2239); sec.134 Pub. L. 97-425,96 Stat. 2230 (42 U S C.
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L u                                                                                    - - - - - - - -                                             - - . -   o

10154). Section 72.96(d) also issued under sec.145(g), Pub. L.100-203,101 Stat.1330-235 (42 U.S.C.10165(g)). Subpart J also issued under secs. 2(2), 2(15), 2(19),117(a),141(h),                                      l Pub. L. 97-425,96 Stat. 2202,2203,2204,2222,2224 (42 U.S.C.10101,10137(a),10161(h)).
Subparts K and L are also issued under sec.133,98 Stat. 2230 (42 U.S.C.10153) and sec.
218(a),96 Stat. 2252 (42 U.S.C.10198).
: 7. In 572.24, paragraph (o)is revised to read as follows:
6 72.24 Contents of aoolication: Technical information.
l (o) A description of the detailed security measures for physical protection, including design features and the plans required by Subpart H. For an application from DOE for an ISFSI or MRS, DOE will provide a description of the physical protection plan for protection against radiological sabotage as required by Subpart H.
: 8. Section 72.180 is revised to read as follows:
6 72.180 Physical orotection olan.
The licensee shan establish, maintain, and follow a detailed plan for physical protection as described in 573.51 of this chapter. The licensee shall retain a copy of the current plan as a record until the Commission terminates the license for which the procedures were developed and, if any portion of the plan is superseded, retain the superseded material for 3 years after each change or until termination of the license. The plan must describe how the applicant will meet the requirements of $73.51 of this chapter and provide physical protection during on-site transportatiori to and from the proposed ISFSI or MRS and include within the plan the design for physical protection, the licensee's safeguards contingency plan, and the security 27

organization personnel training and qualification plan. The plan must list tests, inspections, audits, and other means to be used to demonstrate compliance with such requirements.
PART 73 - PHYSICAL PROTECTION OF PLANTS AND MATERIALS
: 9. The authority citation for Part 73 continues to read as follows:
AUTHORITY: Secs. 53,161, 68 Stat. 930, 948, as amended, sec.147,94 Stat. 780 (42 U.S.C. 2073,2167,2201); sec. 201, as amended,204,88 Stat.1242, as amended,~ 1245, sec.1701,106 Stat. 2951,2952,2953 (42 U.S.C. 5841,5844,2297f).
Section 73.1 also issued under secs. 135,141, Pub. L. 97-425, 96 Stat. 2232, 2241 (42 U.S.C,10155,10161). Section 73.37(f) also issued under sec. 301, Pub. L. 96-295, 94 Stat. 789 (42 U.S.C. 5841 note). Section 73.57 is issued under sec. 606, Pub. L. 99-399, 100 Stat. 876 (42 U.S.C. 2169).
: 10. In 573.1, paragraph (b)(6) is revised to read as follows:
673.1 Purnose and scope.
I (b) "*
(6) This part prescribes requirements for the physical protection of spent nuclear fuel and high-level radioactive waste stored in either an independent spent fuel storage installation (ISFSI) or a monitored retrievable storage (MRS) installation licensed under Part 72 of this chapter, or stored at the geologic repository operations area licensed under Part 60 of this chapter.
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: 11. The introductory text of 73.50 is revised to read as follows.
673.50 Requirements for ohvsical orotection for licensed activities.
Each licensee who is not subject to 73.51, but who possesses, uses, or stores formula quantities of strategic special nuclear material that are not readily separable from other radioactive material and which have total extemal radiation dose rates in excess of 100 rems per hour at a distance of 3 feet from any accessible surfaces without intervening shielding other than at a nuclear reactor facility licensed pursuant to Part 50 of this chapter, shall comply with the following:
: 12. A new $73.51 is added to read as follows:
673.51 Raauirements for the ohvsical orotection of stored soent nuclear fuel and hiah-level radioactive waste
                                          .                                                                                                      l (a) Applicability. Notwithstanding the provisions of $$73.20,73.50, or 73.67, the            !
I physical protection requirements of this section apply to each licensee that stores spent nuclear                               j fuel and high-level radioactive waste pursuant to paragraphs (a)(1)(i), (ii), and (2) of this section. This includes -                                                                                                        .
                                                                                                                                                 )
(1) Spent nuclec fuel and high-level radioactive waste stored under a spec;fic license issued pumuant to Part 72 of this Chapter.
(i) At an independent spent fuel storage installation (ISFSI) or (ii) At a monitored retrievable storage (MRS) installation; or (2) Sper.t nuclear fuel and high-level radioactive waste at a geologic repository operations area (GROA) licensed pursuant to Part 60 of this Chapter; (b) General performance objectives.
(1) Each licensee subject to this section shall establish and maintain a physical protection system with the objective of providing high assurance that activities involving spent 29 i
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nuclear fuel and high-level radioactive waste do not constitute an unreasonable nsk to public health and safety.
(2) To meet the general objective of paragraph (b)(1) of this section, each licensee subject to this section shall meet the following performance capabilities.
(i) Store spent nuclear fuel and high-level radioactive waste only within a protected area; (ii) Grant access to the protected area only to individuals who are authorized to enter the protected area; (iii) Detect and assess unauthorized penetration of, or activities within, the protected area; (iv) Provide timely communication to a designated response force whenever necessary; and (v) Manage the physical protection organization in a manner that maintains its effectiveness.
(3) The physical protection system must be designed to protect against loss of control of the facility that could be sufficient to cause a radiation exposure exceeding the dose as described in $72.106 of this Chapter.
           .(c) Plan retention. Each licensee subject to this section shall retain a copy of the effective physical protection plan as a record for 3 years or until termination of the license for which procedures were developed.
(d) Physical protection systems, components, and procedures. A licensee shall comply with the following provisions as methods acceptable to NRC for meeting the performance capabilities of $73.51(b)(2). The Commission may, on a specific basis and upon request or on its cwn initiative, authorize other attemative measures for the protection of spent fuel and high-level radioactive waste subject to the requirements of this section, if after evaluation of the specific attemative measures, it finds reaso'nable assurance of compliance with the I
performance capabilities of paragraph (b)(2) of this section.                                                                                         {
(1) Spent nuclear fuel and high-level radioactive waste must be stored only within a protected area so that access to this material requires passage through or penetration of two physical barriers, one barrier at the perimeter of the protected area and one barrier offering substantial penetration resistance. The physical barrier at the perimeter of the protected area 30

f must be as defined in 73.2. Isolation zones typically 20 feet wide each, on both sides of this barrier, must be provided to facilitate assessment. The barrier offering substantial resistance to penetration may be pro &i by an approved storage cask or building walls such as those of a reactor or fuel storage building.
(2) illumination must be sufficient to permit adequate assessment of unauthorized penetrations of or activities within the protected area.                                              ;
l (3) The perimeter of the protected area must be subject to continual surveillance and be protected by an active intrusion alarm system which is capable of detecting penetrations l
through the isolation zone and that is monitored in a continually staffed primary alarm station and in one additional continually staffed location. The primary alarm station must be located within the protected area; have bullet-resisting walls, doors, ceiling, and floor; and the interior of the station must not be visible from outside the protected area. A timely means for assessment of alarms must also be provided. Regarding alarm monitoring, the redundant location need only provide a summary indication that an alarm has been generated.
(4) The protected area must be monitored by daily random patrols.
(5) A security organization with written procedures must be established. The security organization must include sufficient personnel per shift to provide for monitoring of detection systems and the conduct of surveillance, assessment, access control, and communications to assure adequate response. Members of the security organization must be trained, equipped, qualified, and requalified to perform assigned job duties in accordance with Appendix B to Part 73, sections 1.A (1) (a) and (b), B(1)(a), and the applicable portions of II.
(6) Documented liaison with a designated response force or local law enforcement agency (LLEA) must be established to permit timely response to unauthorized penetration or activities.
(7)~ A personnel identification system and a controlled lock system must be established and maintained to limit access to authorized individuals.
(8) Redundant communications capability must be provided between onsite security force members and designated response force or LLEA.
(9) Allindividuals, vehicles, and hand-carried packages entering the protected area must be checked for proper authorization and visually searched for explosives before entry.
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(10) Wntten response procedures must be established and maintained for addressing unauthorized penetration of, or activities within. the protected area including Category 5.
                      " Procedures," of Appendix C to Part 73 The licensee shall retain a copy of response procedures as a record for 3 years or until termination of the license for which the procedures were developed. Copies of superseded material must be retained for 3 years after each change or until termination of the license.
(11) All detection systems, surveillance / assessment systems, and supporting subsystems, including illumination systems, must be tamper-indicating with line supervision and be maintained in operable condition. Timely compensatory measures must be taken after discovery of inoperability, to assure that the effectiveness of the security system is not reduced.
(12) The physical protection program must be reviewed once every 24 months by individuals independent of both physical protection program management and personnel who have direct responsibility for implementation of the physical prctection program. The physical protection program review must include an evaluation of the effectiveness of the physical protection system and a verification of the liaison established with the designated response force or LLEA.-
(13) The following documentation must be retained as a record for 3 years after the -
record is made or until termination of the license. Duplicate records to those required under 572.180 of Part 72 and 573.71 of this Part need not be retained under the requirements of this section:
(i) A log of individuals granted access to the protected area; (ii) Screening records of members of the security organization; (iii) Alog of all patrols; (iv) A record of each alarm received, identifying the type of alarm, location, date and ti'ae when received, and disposition of the alarm; and (v) The physical protection program review reports.
(e) A licensee that 6perates a GROA is exempt from the requirements of this section for that GROA after permanent closure of the GROA.
: 13. In 973.71, paragraphs (b)(1) and (c) are revised to read as follows:
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      $73.71 Reoortina of safeauards events.
l (b)(1) Each licensee subject to the provisions of $$ 73.20,73.37,73.50,73.51,73.55, 73.60, or 73.67 shall notify the NRC Operations Center within 1 hour of discovery of the safeguards events described in paragraph l(a)(1) of Appendix G to this Part. Licensees subject to the provisions of $$73.20,73.37,73.50,73.51,73.55,73.60, or each licensee possessing strategic special nuclear material and subject to 573.67(d) shall notify the NRC Operations Center within 1 hour after discovery of the safeguards events described in paragraphs l(a)(2),
(a)(3), (b), and (c) of Appendix G to this Part. Licensees subject to the provisions of 5573.20, 73.37,73.50,73.51, 73.55, or 73.60 shall notify the NRC Operations Center within 1 hour after discovery of the safeguards events described in paragraph l(d) of Appendix G to this Part.
(c) Each licensee subject to the provisions of $$ 73.20,73.37,73.50,73.51,73.55, 73.60, or each licensee possessing SSNM and subject to the provisions of $73.67(d) shall maintain a current log W. rer xd the safeguards events desenbod in paragraphs ll (a) and (b) of Appendix G to this h.c within 24 hours of discovery by a hcensee employee or member of the licensee's contract secunty organization. The licensee shall retain the log of events recorded under this section as a record for 3 years after the last entry is made in each log or until terminatum of the license.
i Part 74 - MATERIAL CONTROL AND ACCOUNTING OF SPECIAL NUCLEAR MATERIAL                          ,
: 14. The authority citation for Part 74 continues to read as follows:
33

l AUTHORITY: Secs. 53,57,161,182,183,68 Stat. 930,932,948. 953,954, as amended, sec. 234,83 Stat. 444, as amended (42 U.S.C. 2073,2077,2201. 2232,2233,2282, 2297f); secs. 201, as amended 202,206,88 Stat.1242, as amended. 1244,1246 (42 U.S.C. 5841. 5842,5846).
: 15. In @ 74.51, the introductory text of paragraph (a)is revised to read as follows:
674.51 Nuclear material control and accountina for soecial nuclear material.
(a) General performance objectives. Each licensee who is authorized to possess five or more formula kilograms of strategic special nuclear material (SSNM) and to use such material at any site, other than a nuclear reactor licensed pursuant to Part 50 of this chapter, an irradiated fuel reprocessing plant, an operation involved with waste disposal, or an independent spent fuel storage facility licensed pursuant to Part 72 of this chapter shall establish, implement,
  -  and maintain a Commission-approved material control and accounting (MC&A) system that will achieve the following objectives:
PART 75 - SAFEGUARDS ON NUCLEAR MATERIAL - IMPLEMENTATION OF US/lAEA AGREEMENT
: 16. The authority citation for Part 75 continues to read as follows:
AUTHORITY: Secs. 53, 63,103,104,122,161, 68 Stat. 930, 932, 936, 937, 939, 948, as amended (42 U.S.C. 2073,2093,2133,2134, 2152,2201); sec. 201,88 Stat.1242, as amended (42 U.S.C. 5841).
Section 75.4 also issued under secs. 135,141, Pub. L. 97-425,96 Stat. 2232,2241 (42 U.S.C.
10155,10161).
?
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P
: 17. In 975.4, paragraph (k)(5)is revised to read as follows:
675.4 Definitions.
            - (k) ***
(5) Any location where the possession of more than 1 effective kilogram of nuclear material is licensed pursuant to Parts 40,60, or 70 of this Chapter, or pursuant to an agreement state license.
Dated at Rockville, Maryland, this 11th day of May,1998.
For the Nuclear Regulatory Commission.
John      Hoyle,        /
ry of the Commission.
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