ML20244B915

Discusses Procedures for Citing Safeguards Violations Against 10CFR73.55 & Approved Physical Security Plans. Citations Should Be Made Against Plan,Not Against Rule, Citing License Amend Approving Plan

ML20244B915
Person / Time
Issue date:	05/13/1982
From:	Lieberman J NRC OFFICE OF INSPECTION & ENFORCEMENT (IE)
To:	Alderson C, Robert Carlson, Warnick R NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I), NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II), NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III)
Shared Package
ML20237G454	List: IA-87-450, Provides Guidance on Use of Civil Penalties Vs Use of Orders.Many Orders Recently Issued by Regions Involve Violations Not Previously Noted.Orders Apply Only to Repeated Uncorrected Violations ML20237G451 ML20238C386 ML20238C394 ML20238C409 ML20238C494 ML20238C527 ML20238C550 ML20238C574 ML20238C597 ML20238C646 ML20238C694 ML20238C739 ML20238C764 ML20244B382 ML20244B522 ML20244B551 ML20244B638 ML20244B641 ML20244B915 ML20244D163 ML20244D267 ML20244D288
References
FOIA-87-450 NUDOCS 8208240182
Download: ML20244B915 (2)

Text

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UNI 1 ED STATES

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MEMORA::DUM FOR: R. Car: son, Director, Enforcement Staff, R: -

C. Alderson, Director, Enforcement Staff, 0.11 R. K'arr.ick, Director, Enforcement Staff, R211 E. Jahr. son, Director, Enforcement Staff, R2V A. Johnson, Director, Enforcement Staff, Rv FROM:

James Lieberman, Acting Director of Enforcement SU5JECi:

CIT!H3 5 AFEGUAR'DS V10L ATIONS AGAit!ST APRC iED PLAT 5 1

1 There have been severai ecent civil penalty cases in the safeguards area that used 10 CFR 73.55 as .he regulatory basis. Although this is the appropria .e section of the rule fcr safeguards requirements at power plants, there have been questiens raised whether an approved physical security plan (PSP) relieves the -

li ensee cf the need to compi.v with the rule.

Section 73.55(a) states :ha; a licensee must implement the :SP approved by the l

tcmission as meeting ai'. the requirements of Section 73.55 and must comply with that regulation. In addition the Commbsion "... may authorize an applicant er licensee to provice c,ther than those require: by Section measures for protection against rati: logical sabeta;e 73.55..." This indicates that HRC may a; prove alternative measures of protection for those specified in the rule, -

including comprehensive systems that adequately accomplish several needs iden-tified in Part 73. As such, the PSP may be silent on some points, assuming l

that other sectier.s adfress them generally. The Con:,issi:in's approval of that licensee's PSP reinforces this assumption.  !

herefore, citations should be made against the pian and not the rule. The citation shculd reference the license amendment approv.ing the plan. If there g are questiens concerning the completeness of the plan, such as material covered under the rule but not by the plan, the cuestion should be referred to NMSS for apprc>priate liter. sing at: ion. ' '

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If you have any c.uestions or comments on this matter, please contact myself or Dick Rosano (49-29583).

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James Lieberman, Actin;; Director of Enforcement Office of Inspection and Enforcement .

See next ca n for tc's.

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