ML20133J188

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Advises That CRGR Review of Proposed Rev to 10CFR73.71 & Reg Guide 5.62 Re Notification Requirements for Safeguards Events Appropriate to Ensure Consistent Safety Threshold Event Reporting.Crgr Review Will Focus on Listed Areas
ML20133J188
Person / Time
Issue date: 09/25/1984
From: Stello V
NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
To: Jennifer Davis
NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS)
Shared Package
ML20132B800 List:
References
FRN-50FR34708, RTR-REGGD-05.062, RTR-REGGD-5.062, RULE-PR-73 AB46-1-39, NUDOCS 8510180321
Download: ML20133J188 (3)


Text

- .. . _ . .. -.

'd 8 UNITED STATES

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.n 4 p, NUCLEAR REGULATORY COMMISSION wAsmara. o. c.rosss h .

. SEP 25 584 MM-PD R-i MEMORAliDUM FDR: John Davis, Director Office of Nuclear Material Safety and Safeguards i

FROM: Victor Stello, Jr. '

Deputy Executive Director P.egional Operations and Generic Requirements

SUBJECT:

CRGR REVIEW OF PROPOSED REVISION OF 10 CFR 73.71 AND REGULATORY GUIDE 5.62 CONCERNING NOTIFICATION >

REQUIREMENTS FOR SAFEGUARDS EVENTS .

l Ycur memorar.6m of August 14, 1984 fomarded the subject proposal to me and i indicated that it should be exempted from CRGR review on the grounds that there f would not be a substantial impact on f1RC staff or licensees as a result of the  !

proposal's i plenentation.  !

Although the proposal appears to improve the clarity and effectiveness of the i existing rule, and cay reduce the impact on licensees and NRC, CRGR review is  ;

appropriate because the Committee is intent on ensuring a consistent safety [

(including safeguards) threshold event reporting, especially where ir: mediate i notification is involved. In this regard, your staff should contact Walt i Schwink (492-8639) to arrange for CRGR ' review of the proposal. This matter has  ;

been discussed with members of your staff who asked that we help identify areas i of concern (T. Allen and P. Dwyer). l I expect that the Connittee's review will focus on:

2 (1) The rationale; i.e., need a'nd urgency (relative to protecting of public f health and safety and the environment or safeguarding nuclear materials  !

and plar.ts in the interest of national security) for requiring that each  !

of the itets (types of safeguards events) listed in the enclosure be  !

reported within 1 hour1.157407e-5 days <br />2.777778e-4 hours <br />1.653439e-6 weeks <br />3.805e-7 months <br /> to the liRC Operations Center. [

i (2) The prc;osal's consistency with ir:raediate and other reporting requirements ~

contair.ed in: .

I (a) 10 CFR Part 20, Standards for Protection' Against Radiation (20.402 - t Re: orts of Theft or Lou of Licensed Material), i (b) 10 CFR Part 50, Domestic Licensing of Production and Utilization [

Fa:ilities (50.72 - Immediate tiotification Requirements for Operating l ticclear Power Reactor (existing rule and evolving proposed rulo  !

revision), and 50.73 - Licensee Event Report System), , j I

Contact:

[

. k'al t - Schwink, ROGR Staff e510180321 851009 l 492-8539 PDR PR j 73 SOFR34708 PDR

.' SEP 25 1m AB4-L (c) 10 CFR'Part 70,' Domestic Licensing of Special Nuclear Material (70.52 - Reports of Accidental Criticality or Loss or Theft or Attempted Theft of Special Nuclear Material),,

(d) 10 CFR Part 72, Licensing Requirements for the Storage of Spent Fuel in an Independent Spent Fuel Storage Installation (72.52 - Reports of Accidental Criticality or loss of Special Nuclear Material),

(e) 10 CFR Part 75, Safeguards on Nuclear Material - Implementation of US/IAEA Agreement- (75.36 - Special Reports, Loss of Special Nuclear Material or Unexpected Changes in Its Containment),

(f) 10 CFR Part 95. Security Facility, Approval and Safeguarding of National Security Information and Restricted Data (95.9 Communications and 95.57 - Reports),

(g) 10 CFR Part 110, Export and Import of Nuclear Equipment and Material, f I

i and

. }

Evolving requirements concerning Emergency Preparedness for Fuel j (h)

Cycle and Other Radioactive Materials Licensees (ANPRM issued 6/3/81, ~

NPRM: 1984).  !

i h l f

l h

ictor tello, .

puty Executive 0 e tor ,

egional Operations and Generic  ;

! Requir,ements j cc: W. J. Dircks ,

CRGR Members  ;

H. Denton  !

R. DeYoung l Regional Administrators  !

I

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_ =. _ . . _

B l i

}\05'& -l ,

1 I. Items to be reported within one hour l (a) Any event in which there is reason to believe that a person has

]

comr.itted or caused'. or attempted to commit or cause, or has made a cred-l ible threat to commit or cause:

(1) A theft or unlawful diversion of special nuclear material, or ~

(2) Physical damage to any licensed facility or its equipment or carrier equipment transporting nuclear fuel or spent nuclear fuel, or to

! the nuclear fuel or spent nuclear fuel the facilities or carriers are .

licensed to possess, or .

i 1 (3) Interruotion of normal operation of a licensed nuclear power rea: tor through the unauthorized use of or tampering with its machinery.

cc::enents, or controls including the security system.

(b) Any fail' u re of the safeguards system or discovered vulnerabil-l ity in that system that could allow unauthorized end undetected access l

to a crotected area, material access area, controlled access area, or vital area, or to spent nuclear fuel or formula quantities of SSNM in t

! transit, for which proper compensatory measures have not been established.

, (c) All unauthorized entries through a required barrier whether or l

j not the breach is properly compensated.

(d) A " proper compensatory measure" for a particular safeguards eve.t as used in this Appendix means a measure that is specified in a security or contingency plan or security procedure. If the particular safeguards event is not described in a plan or procedure, then a "preoer coe:ensatory measure" means a measure imolemented within 10 minutes of an event's discovery that provides a level of security essentially ecuivalent to that existing before the event. .

14 Attachment 1

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