ML24008A139

Letter for MAF Oversight - NEI (2024)

ML24008A139
Person / Time
Issue date:	01/09/2024
From:	Clark J Security Performance Evaluation Branch
To:	Perkins S Nuclear Energy Institute
References
Download: ML24008A139 (1)

Text

Susan Perkins, Senior Director Nuclear Security & Incident Preparedness Nuclear Energy Institute 1201 F Street, NW, Suite 1100 Washington, DC 20004

SUBJECT:

U.S. NUCLEAR REGULATORY COMMISSION OVERSIGHT OF MOCK ADVERSARY FORCE IN SUPPORT OF FORCE-ON-FORCE INSPECTIONS

Dear Susan Perkins:

The U.S. Nuclear Regulatory Commission (NRC) is providing this letter to clarify the basis, continued need for, and approach to the evaluation of Composite Adversary Force (CAF) in support of NRC-evaluated force-on-force (FOF) inspections. This letter also provides notice that the Nuclear Energy Institute (NEI) will be billed for CAF oversight activities during calendar year 2024.

Section 170D of the Atomic Energy Act of 1954, as amended (AEA) requires, in part, that Not less often than once every 3 years, the Commission shall conduct security evaluations at each licensed facility that is part of a class of licensed facilities, as the Commission considers to be appropriate, to assess the ability of a private security force of a licensed facility to defend against any applicable design basis threat. Section 170D further requires that:

1) The Security Evaluations shall include FOF exercises.

2) The FOF exercises shall, to the maximum extent practicable, simulate security threats in accordance with any design basis threat applicable to a facility.

3) In conducting a security evaluation, the Commission shall mitigate any potential conflict of interest that could influence the results of an FOF exercise, as the Commission determines to be necessary and appropriate.

As such, the NRC has a statutory obligation under Section 170D of the AEA to mitigate any potential conflict of interest (COI) that could influence the results of an FOF exercise. The staffs monitoring of the CAF for any potential of COI is an integral part of the FOF program, and is included in Inspection Procedure 71130.03, Contingency Response - Force-on-Force Testing.

The CAF must mimic, as closely as possible, the attributes of the adversary as described in Part 73.1 of Title 10 of the Code of Federal Regulations. The NRC evaluates the individual and collective selection, training, and proficiency of the CAF to ensure that the published standards as outlined in NSIR/STD2004/15001, Revision 2, Composite Adversary Force Performance Standards for FOF Exercises, (OUO-SRI) are met. NSIR/STD2004/15001, Revision 2, identifies minimum physical fitness and training standards, and also addresses knowledge of attack strategies to ensure mock adversary force (MAF) personnel are trained in offensive, rather than defensive skills.

January 9, 2024 S. Perkins 2 One NRC inspector will be on-site to provide oversight of the CAFs requalification training that is currently scheduled for February 10-14, 2024. Time spent for the inspector traveling to the training activities and while on-site providing oversight will be billed to NEI. The inspector will evaluate CAF training against the standards outlined in NSIR/STD-2004/15-001, Rev. 2.

This letter does not represent any changes to the NRCs approach to evaluating the CAF.

Rather, the letter clarifies the ongoing need for the continued process to ensure the NRC is mitigating any potential COI that could influence the results of an FOF exercise. The NRC will continue to assess the process for evaluating MAFs, any changes to the current process will be communicated promptly.

The NRC is open to any suggestions that could assist in focusing NRC staffs oversight efforts so that inspector time is used as efficiently as practicable.

Should you have any questions regarding this matter, please contact me at (301) 287-3666 or at Jefferson.Clark@nrc.gov.

Sincerely, Jefferson Clark, Chief Security Performance Evaluation Branch Division of Security Operations Office of Nuclear Security and Incident Response Signed by Clark, Jefferson on 01/09/24

Ltr ML24008A139 OFFICE NSIR/DSO/SPEB/ETA NSIR/DSO NSIR/DSO/SPEB

/ETA NAME PNegrete PN TInverso JClark JC BYip for BY DATE Jan 8, 2024 Jan 8, 2024 Jan 9, 2024