ML20199C356
| ML20199C356 | |
| Person / Time | |
|---|---|
| Issue date: | 10/22/1997 |
| From: | Mcgaffigan E NRC COMMISSION (OCM) |
| To: | Hoyle J NRC OFFICE OF THE SECRETARY (SECY) |
| Shared Package | |
| ML20199C336 | List: |
| References | |
| SECY-97-228-C, NUDOCS 9711190318 | |
| Download: ML20199C356 (7) | |
Text
-. .. .
AFFIRM ATION VOTE BEEPONSE SHEET TO: John C. Hoyle. Secretary FROM: COMMISSIONER MCGAFFIGAN
SUBJECT:
SECY-97-228 - FINAL AMENDMENTS TO 10 CFR PART 73,
" CHANGES TO NUCLEAR POWER PLANT SECURITY REQUIREMENTS" Jb w0 Approved % Disapproved _
Abstain Not Participating Request Discussion COMMENTS:
I approve the notice of final rulemaking for publication, with the attached minor editorial corrections to the statements of consideration and the letters to Congress.
in light of the significant burden reduction associated with this rulemaking, I believe the issuance of a press release along the general l.aas of the draft public announcement included with SECY-5 -228 would be appropriate. The staff should t.cordinate the finalization of the public announcement with the Office of Public Affairs.
C aJ d % L SIGNATURE L U Release Vote / < /
I' i DATE Withhold Vote / /
Entered on "AS" Yes x No 971119o318 9711o5 PDR COMMS NRCC CORRESPONDENCE PDR
- SUPPLEMENTARY INFORMATION:
1 Background
/,
f[dlN On February 20, 1997, the NRC published a proposed rule in the Federal Reaister (62 FR 7721) rrei:N the NRC's regulations associated with an internal th,reat to nu lear power plants that are contained in 10 CFR Part 73,
" Physical Protection of Plants and Haterials." The five changes, which provide significant relief to licensees without compromising the physical security of the plants, .Mttk.cHr. as M4IV I
- 1. Search requirements for on-duty guards, 6 73.55(c')(1);
- 2. Requirements for vehicle escort, 5 73.55(d)(4);
- 3. Contro'. of contractor employee badges, 9 73.55(d)(5);
- 4. Maintenance of access lists for each vital area, 5 73.55(d)(7)(1)(A); and
- 5. Key controls for vital areas, 6 73.55(d)(8).
The Comission received 9 letters comenting on the proposed rule.
Eight were from utilities and one was from an ir"ustry group. Copies of the letters are available for public inspection and copying for a fee at the Commission's Public Document Room, located at 2120 L Street, NW (Lower Level),
Wasningto.., DC.
Discussion The public comments supported the proposed rulemaking in general. Seven of the nine commenters recommended additaonal relief from the vehicle escort f
Also under the current regulations, all vehicles under emergency conditions.
I must be escorted by a member of the security organization while insida the protected area except for " designated licensee vehicles." " Designated licensee vehicles" are those vehicles that are limited in their use to onsite plant functions and remain in the protected area except for operational, maintenance, repair, security, and emergency purposes. Under the current requirement, all other vehicles that are not " designated licensee vehicles" must be escorted at all times while in the protected area even when they are driven by personnel with unescorted access.
Comment. Seven commenters wcre concerned that the propnsed rule would only allow a vehicle to be unescortad when being operated by licensee employees having unescorted access. Thesecommenterswantedthigextendedto 4
contractor employee well. p)hn StL W f (Mied W N 0C0244 Response. This change has been made. Sinca oath licensee empl:yees and contractor employees are subject to equivalent access authorization programs, the level of trustworthiness is deemed to be equivalent. There is no compelling reason to dMf49dh diacc..y,=te between the two. The amended rule eliminates the requirement for escort of licensee-owned or leased vehicles entering the protected area for work-related purposes provided these vehicles are driven by personnel who have unescorted access. This change provides burden relief to licensees without significantly increasing the level ef risk to the plant.
Comment. Five comments were made that limiting unescorted vehicles to those that were licensee-owned was unduly restrictive, and wan ed this CP7LtntA extended to licensee owned- or leased vehicles. One ef u s e wanted it further extended to contractor or vendor owned or leased vehicles.
l
Coment. All commenters supported these provisions.
Resoonte. The final rule will be published as proposed.
The Commission desires to remind licensees that they are responsible for properly controlling access, and that the changes to 5 73.55(d)(7)(i)(A) do not remove their responsibility to establish procedures to ensure that persons no longer needing unescorted access are not granted such eccess.
- 5. Kev Controls for Vital Areas (6 73.55(d)(8)).
Under the currant regulations, licensees must change or rotate all keys, locks, enmbinations, and related access control devices at least once every twelve months. The rule also requires that these be changed whenever there is a possibility they have been compromised, or when an individual with access to the keys, locks, or ceabinations nas been terminated for reasons of trustworthiness, reliability, or inadequate work performance. Additionally requiring such change every 12 months has been determined by the NRC to be only marginal to security.
This amended rule removes the requirement for changing access control devices at least every 12 months while retaining the requirement to e k .)yf 1Ald L changes for cause, and when an access cor. trol device has been, or there is a suspicion that it may have be ompromised.
Comment. One commenter requested that the words " inadequate work performance" in the rule language be removed or defined.
Resconse. The NRC sees no need to define " inadequate work performance" because the term characterizes many factors and judgements involving removal
'for cause. Further, the comment is outside the scope of this rulemaking.
- 2. Reouirements for Vehicle Escort (73.55(d)(4)).1 The regulatory burden on licensees will be reduced by requiring fewer vehicle escorts, which will allow personnel to be utilized more effectively or for other purposes. Resources could be redirected to areas in which they will be more cost effective. The decrease in security will be marginal, because M unescorted access will be restricted to vehicles owned or leased by the 3 licensee being driven by personnel with unescorted access.
Assuming the number of such entries of licensee owr.ed or leased vehicles driven by personnel having acorted access is 10 per day per site, the
}
-# average time needed for escort is 3 hours3.472222e-5 days <br />8.333333e-4 hours <br />4.960317e-6 weeks <br />1.1415e-6 months <br />. - d the cost per hour for security personnel is $30 (loaded), a rough estimate of the potential savings per site per year is about $330,000 (10 escorts / day / site x 365 days / year x 3 hrs / escort x 530/hr). With 75 sites, the savings to the industry per year will be approximately $24,000,000.
- 3. Coi trol of Contractor Employee Badoes (4 73.55(d)(5)).
The regulatory burden on licensees will be reduced by a more effective use of security personnel, who will no longer need to handle badges for contractor personnel who have unescorted access. There will be no reduction in plant security because adequate safeguards will be in place to ensure that badges are properly used and not compromised, and a system such as biometrics is in place to ensure that only the proper person uses the badge to gain access to the protected area. -
Assuming that two security persons per working shift change, 5 shifts per day, one honr per shift are relieved from the duties of controlling contractor employee badges during an outage lasting 3 months. Further, assum if
_ 11 2
--- ----n. -.--__.- _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
's g
f ~~\ g UNITED STATES
_ NUCLEAR REZULATORY COMMISSICN
& WASHINGTO;4, D.C. tamaa mang o,
+.,...../
The Honorable James M. Inhofe, Chairman Subcommittee on Clean Air, Wetlands, Private Property and Nuclear Safety Committee on Environment and Public Works ^
United States Senate Washington, DC 20510
Dear Mr. Chairman:
U1 l Enclosed for the information of the Subt.ommittee is a copy ofJk6 amendment to 10 CFR Part-73 to be published in the Federal Reaister A The ametjment deletes certain security requirements associated with an internal threat following NRC's reconsideration of nuclear power plant ,
physical security requirements to identify those that are marginal to safety, redundant, or no longer effective. The effect of this action is to reduce the regulatory burden on licensees without compromising physical protection against radiological sabotage required for public health and safety.
Sincereif, Dennis K. Rathbun, Director >
Office of Congressional Affairs
Enclosure:
rederal Register Notice cc: Senator Bob Graham
.g
[*% \ UNUED STATES
, u* ] NUCLEAR REEULATCRY COMMISSION WASHINGTON, D.C. 3858648e1 The Honorable Dan Schaefer. Chairman Subcommittee on Energy and Power Committee on Commerce United States House of Representatives Washington, DC 20515
Dear "'/. Chairman:
de Enclosed for the information cf the Subcommittee is a copy of)Ye' amendment to 10 CFR Part 73 to be published in the Federal Reaister The amendmant deletes certain security requirements associated with an internal threat folic sing NRC's reconsideration of nuclear power plant
. physical security requirements to identify those that are marginal to safety, redundant, or no longer. effective. The effect of this action is to reduce the regulatory burden on licensees without compromising physical protection against radiologir.a1 sabotage required for public health and safety.
Sincerely, Dennis K. Rathbun, Director Office of Congressional Affairs
Enclosure:
Federal Register Notice cc: Representative Ralph Hall I
_ _ _ _ - . _ _ _ _ - _ _ _ - - . _ _ _ _ _ . _ _ _ _ _ _ _ - _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ . _ _ _ _ _ _ _ _ _ _ ____ , _ _