ML20215N516

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Forwards Info for Use in Review of Multiple Part Final Rule Package Modifying 10CFR50 & 73 to Establish Requirements for Screening Individuals W/Unescorted Access to Reactors & to Codify Requirements for Conduct of Personnel Searches
ML20215N516
Person / Time
Issue date: 04/30/1986
From: Jennifer Davis
NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS)
To: Stello V
NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
Shared Package
ML20197J871 List:
References
FRN-49FR30726, RULE-PR-50, RULE-PR-73 AB17-2-03, AB17-2-3, NUDOCS 8611060167
Download: ML20215N516 (9)


Text

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APR 0 W MEMORANDUM FOR: Victor Stello, Jr.

Executive Director for Operations FRGi: John G. Davic, Director Office of Nuclear Material Safety and Safeguards

SUBJECT:

EDO ANNUAL REVIEW OF RULEMAKING ACTIVITIES - INSIDER RULES The enclosed infomation package is provided for jour use in review of the subject multiple part final rule package that would modify 10 CFR Parts 50 and 73 to (1) establish requirements for the screening of individuals with unescorted access to nuclear power reactors. (2) codify requirements for the conduct of personnel searches at power reactor protected area portals, and (3) revise requirenents for access controls to power reactor vital areas.

We recomend that )cu approve continuation of this rulanaking package which is currently under Comission consideration.

WW bohn G. Davis, Director Office of Nuclear Material Safety and Safeguards

Enclosures:

1. Sumary and Current Status
2. Regulatory Agenda Entries
3. Final Rule Package:

Current Draft h10 167 861104 78 49enso72s pgR

Stannary and Current Status

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l Sununary and Current Status Insider Safeguards Rules DATE Proposed rule package published for public 08/01/84 casument End public connent period 03/07/85 Final rule package to ED0/CRGR 10/08/85 CRGR approval of draft final package 10/23/85 Final rule package to Comunission 11/29/85 Current Status: C45 meeting with NLMARC and NRC staff an February 14, 1986 resulted in ACRS memo to Conunissison preferring NLMARC approach on a trial basis. Under memo dated March 6,1986, Office of Managssent and Budget disapproved the reporting and recordkeeping requirements of the psychological assessment and behavioral observation portians only of the package. Package i

is currently awaiting Comunission notation vote, Chairman Palladino has voted affirmatively for rule making.

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Regulatory Agenda Entries I

b ENCLOSURE 2

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TITLE:

Personnel Access Authorization Program (Part of Insider Rule Package)

CFR CITATION:

10 CFR 50; 10 CFR 73 A85 TRACT:

This rule would establish a personnel screening program for individuals requiring unescorted reactor facility access, thus providing increased assurance of the trustworthiness and emotional stability of a reactor site population. Study has indicated that disoriented or disgruntled employees (especially ones do might also be psychotic) at nuclear reactors are of primary safeguards concern because of their insider position. Idhile the Commission has stated that at present it is satisfied with the level of safeguards in place at reactors, it approved publication of the proposed rule for public comment -(40 FR 30726) as one means of further assuring protection of public health and safety. The public comment period concluded March 7,1985. Extensive coments were received and analyzed.

f Alternatives to rulemaking that were investigated, included endorsing an ANSI standard through a regulatory guide, issuing a policy statement that endorses industry developed pidelines, using staff position papers, and ,

implementing license conditions. These alternatives were rejected because. ,

some would not produce an indcstry standardized program while others lacked l

regulatory authority. The proposed regulation will protect against the 4

" insider" threat at reactors through the use of three components: (1) a background investigation to determine past hist'ory, (2) a psychological j

assessment to determine current emotional stability, and (3) a continual

' hehavioral observation program to detect behavioral changes in an individual ance granted unescorted access. Primary benefit to the public and licensees is an increased assurance of the trustworthiness and emotional suitability l

of individuals working in a nuclear reactor environment. Senefits to the IstC result from the use of a codified program that assures that a uniform l

l approach, meeting minimum requirements, will be applied in screening l

reactor personnel. As a result of this requirement the average site cost for all existing or planned power reactors over their useful lives is

$2M per site.

TIMETABLE:

IFRM 08/01/84 49 FR 30726 IFRM Comment Period legin 08/01/84 IFRM Comment Period End 03/07/85

' Office concurrence on Final Rule completed 08/27/85 Final. Rule Package to ED0/CRGR 10/08/85 Final Rule to Commission 11/29/85 Final Action 06/00/86

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- l TITLE:

Personnel Access Authorization Program (Part of Insider Package)

LEGAL AUTHORITY:

42 U.S.C. 2102; 42 U.S.C. 5841 EFFECTS ON SMALL BUSINESS AND OTHER ENTITIES: No AGENCY CONTACT:

~Priscilla A. Dwyer Office of Nuclear Material Safety and Safeguards ,

Washington, DC 20555 301 427-4773 l

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TITLE Searches of Individuals at Power Reactor Facilities (Part of Insider Package)

CFR CITATION: ,

10 CFR 73

'A8STRACT:

The proposed rule would codify present interim search requirements for individuals entering the protected area of nuclear power plants. At present, all persons are subject to equipment searches for firearms, explosives and incendiary devices. However, in addition, all visitors and a randen 5 percent of site employees are subject to physical pat-down searches. Under the proposed rule, physical searches would be -

required only when search equignent is not working properly or when the licensee suspects that an individual is attempting to carry into the

, plant prohibited devices or material. Random searches were considered i as an alternative, but were deemed to be possibly disruptive. Since licensees already possess the necessary equipments this rule will affect only licensee procedures at negligible additional cost.

Since requirements for searches have been in effect for some time, and modifications to those requirements are needed, alternatives to this rulemaking such as revised guidance would be inappropriate in that they would not carry the force of a regulation.

The impact on 15tC operations will occur in the area of licensing review of amended licensee security plans. Cost to the NRC is estimated to be

$58.6k in implementation costs.

TIMETA8LE IFRM 08/15/84 49 FR 30738 IFRM Comment Period Begin 08/15/84 49 FR 30738 IFRM Comment Period End 03/07/85 Office concurrence on Final Rule completed 08/27/85 Final Rule Package to ED0/CRGR 10/08/85 Final Rule to Commission 11/29/85 Final Action 06/00/86 LEGAL AUTHORITY 42 U.S.C. 2201; 42 U.S.C. 5841 EFFECTS ON SMALL SUSINESS AND OTHER ENTITIES: No AGENCY CONTACT:

I Priscilla A. Dwyer Office of Nuclear Material Safety and Safeguards Washington, DC 20555 301 427-4773 e.,~,,e. . - - . . - - - ,w.--- - -

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.- TITLE:

Miscellaneous Amendments Concerning Physical Protection of Nuclear Power Plants (Part of Insider Rule Package)

CFR CITATION:

10 CFR 73

A85 TRACT:

The proposed rule would revise requirements at . nuclear power plants for, ..

(1) access' controls to vital areas, (2) the protection of certain physical security equipment (3) key and lock controls, and (4) authority to suspend safeguards measures during emergencies. (Years of 4

operating experience revealed a need for clarification and refinement.)

1 The requirements will clarify policy in these areas and reduce unnecessary burden on the industry while maintaining plant protection.

This rule is a revision of the proposed rule entitled, " Access Controls to Nuclear Power Plant Vital Areas." Initial development of a final rule produced significant changes, particularly in the criteria for personnel access controls to vital areas, resulting in the need to publish a revised rule. This proposed rule and the other components of

the insider rule package were reviewed by the NRC Safety / Safeguards Review Committee which considered a number of alternative approaches to vital area control; their mcommendations have been reflected in the proposed rule.

Since requirements for protecting vital areas have been in effect for some time, and modifications to those requirements are needed, alterviatives to this rulemaking such as revised guidance would be inappropriate in that they would not carry the force of a regulation.

Implementation cost for these improvements is $10,200 per site; however, a net annual savings of $15,000 per site is anticipated in the cost of industry operations because of reduced key and local control mquire-ments. The impact on NRC operations will occur in the area of licensing myiew of amended licensee security plans and Inspection and Enforcement staff support time. Initial cost to the NRC.is estimated to be $175,700.

There is no significant NRC operational costs resulting from this rule.

TIMETABLE:

WRN 08/01/84 49 FR 30726 i

WRM Comment Period Begin 08/01/84 pkN Comment Period End 04/07/85 Office concurrence on Final Rule completed 08/27/85 Final Rule Package to ED0/CRGR 10/08/85 Final Rule to Commission 11/29/85 Final Action 06/00/86 i

! LEGAL AUTHORITY: l

! 42 U.S.C. 2102; 42 U.S.C. 5841 i

EFFECTS ON SMALL BUS!lESS AND OTHER ENTITIES: No AGENCY CONTACT:

i Priscilla A. Dwyer l Office of Nuclear Material Safety and Safeguards Washington, DC 20!r55 (301) 427-4773 i

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1 Final Rule Package i

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