Information Notice 2025-02, Implementation of the Real Id Act of 2005 and Considerations for NRC Nuclear Power Plant Licensees

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Implementation of the Real Id Act of 2005 and Considerations for NRC Nuclear Power Plant Licensees
ML25043A220
Person / Time
Issue date: 03/28/2025
From: Russell Felts, John Mckirgan
Office of Nuclear Reactor Regulation, NRC/NSIR/DPCP/AAFPB
To:
Shared Package
ML25043A216 List:
References
ML25043A216, IN 2025-02
Download: ML25043A220 (5)


ML25043A2200

UNITED STATES

NUCLEAR REGULATORY COMMISSION

OFFICE OF NUCLEAR SECURITY AND INCIDENT RESPONSE

OFFICE OF NUCLEAR REACTOR REGULATION

WASHINGTON, D.C. 20555-0001

March 28, 2025

NRC INFORMATION NOTICE 2025-02:

IMPLEMENTATION OF THE REAL ID ACT OF

2005 AND CONSIDERATIONS FOR THE U.S.

NUCLEAR REGULATORY COMMISSION

NUCLEAR POWER PLANT LICENSEES

ADDRESSEES

All holders of and applicants for a power reactor operating license under Title 10 of the Code of

Federal Regulations (10 CFR) Part 50, Domestic Licensing of Production and Utilization

Facilities.

All holders of and applicants for a power reactor combined license under 10 CFR Part 52, Licenses, Certifications, and Approvals for Nuclear Power Plants.

PURPOSE

The U.S. Nuclear Regulatory Commission (NRC) is issuing this information notice (IN) to

remind licensees and applicants of the requirements of the REAL ID Act of 2005 (the REAL ID

Act)1 and its applicability to NRC regulations and guidance associated with personnel access

authorization programs for nuclear power plants. This IN also conveys the NRCs decision to

implement a phased enforcement plan, under which the NRC will not begin full card-based

enforcement of REAL ID Act requirements at nuclear power plants until May 5, 2027.

The information contained in this IN does not constitute a new NRC requirement; therefore, no

specific action or written response is required. It is expected that recipients of this IN will

review the information for applicability to their facilities.

The REAL ID Act is administered by the U.S. Department of Homeland Security (DHS), which

has established regulations2 implementing the requirements of the Act. Information regarding

these requirements can be found on the DHS public website at https://www.dhs.gov/real- id/about-real-id.

DESCRIPTION OF CIRCUMSTANCES

The REAL ID Act and DHS implementing regulations include a deadline for full enforcement of

card-based requirements, after which any State-issued drivers license or identification (ID)

card that is accepted for the purposes of entering a nuclear power plant must be REAL ID

compliant. The deadline for agencies to begin enforcing the requirements of the REAL ID Act

is May 7, 2025, notwithstanding an agencys decision to use a phased enforcement plan.

1 Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief,

2005, Pub. L. No. 109-13, 119 Stat. 232 (2005), Division BReal ID Act of 2005, Title II: Improved Security

for Drivers Licenses and Personal Identification Cards.

2 See 6 CFR 37.5, Validity periods and deadlines for REAL ID drivers licenses and identification cards. The NRC has become aware of industry concerns regarding the readiness to meet these

REAL ID Act requirements with respect to licensee, contractor, and vendor personnel who will

support upcoming maintenance and refueling outages, given that a significant number of these

personnel may not yet possess a compliant form of ID. This could lead to staffing issues, delay

outage activities, or challenge continued plant operations.

BACKGROUND

The REAL ID Act, enacted in 2005, codified the 9-11 Commissions recommendation that the

Federal Government set standards for the issuance of sources of identification, such as

drivers licenses and identification cards.3 These standards are designed to improve the

reliability of certain State-issued documents and to determine with greater accuracy whether

individuals presenting a drivers license or ID card for official purposes, including entering

nuclear power plants, are who they say they are.

The NRCs personnel access authorization and physical security regulations4 require

licensees, contractors, and vendors to verify the identity of individuals when granting access to

nuclear power plants. The identity verification process, in part, requires licensees to confirm

the identity of individuals seeking access to nuclear power plants by means of a recognized ID

card issued by a local, State, or Federal Government agency. The recognized ID card must

include a photo or a description of the individuals physical characteristics, or both. The NRCs

requirements and endorsed implementing guidance do not mandate the use of State-issued

drivers licenses or ID cards. Alternative acceptable forms of ID include (but are not limited to)

a U.S. passport or U.S. passport card, permanent resident card, or military ID.

On January 14, 2025, DHS published a final rule5 enabling Federal agencies to implement a

phased enforcement plan, under which they would not be required to achieve full enforcement

of REAL ID Act requirements until May 5, 2027. To implement a phased enforcement plan, an

agency must coordinate its plan with DHS and make its phased enforcement plan publicly

available.

DISCUSSION

Under the DHS final rule, the NRCs decision to consider a phased enforcement plan must be

based on relevant factors including security, operational feasibility, and public impact. Absent

the NRCs use of a phased enforcement plan, the card-based REAL ID Act requirements would

need to be enforced at nuclear power plants beginning on May 7, 2025.

While the NRC expects licensees, contractors, and vendors to take appropriate action to comply

with REAL ID Act requirements and associated implementation dates, the agency recognizes

that industry stakeholders have expressed legitimate concerns regarding the readiness (in the

short-term) to meet these REAL ID Act requirements with respect to licensee, contractor, and

vendor personnel who support maintenance and refueling outages. These concerns include

3 Information on the National Commission on Terrorist Attacks Upon the United States (also known as the

9-11 Commission) can be found at https://www.9-11commission.gov.

4

10 CFR 73.55, Requirements for physical protection of licensed activities in nuclear power reactors against

radiological sabotage, and 10 CFR 73.56, Personnel access authorization requirements for nuclear power

plants.

5 Minimum Standards for Drivers Licenses and Identification Cards Acceptable by Federal Agencies for

Official

Purpose

s; Phased Approach for Card-Based Enforcement (90 FR 3472). potential staffing and operational challenges should the May 7, 2025, deadline be maintained.

The NRCs implementation of a phased enforcement plan would provide sufficient time for

licensees, contractors, and vendors to make any changes to procedures if needed, conduct

training as appropriate, and communicate with personnel regarding the need to obtain and

possess a compliant form of ID.

The NRCs personnel access authorization and physical security requirements, as implemented

through licensee programs, are robust and include defense-in-depth measures to provide

appropriate control of individuals entering nuclear power plants. This factor is important to

ensuring that the NRCs decision to use a phased enforcement plan will not pose an undue risk

to licensees and the public.

Based on these considerations, and consistent with 6 CFR 37.5(d), the NRC has decided to

implement a phased enforcement plan, under which the agency will not begin card-based

enforcement of REAL ID Act requirements at nuclear power plants until May 5, 2027. After this

date, State-issued drivers licenses and ID cards must meet the requirements established in the

REAL ID Act if they are to be considered valid and acceptable by licensees, contractors, and

vendors for the purposes of permitting entry into an NRC-licensed nuclear power plant.

It is important to note that the NRCs use of a phased enforcement plan is not an exercise of

enforcement discretion pursuant to Section 3 of the NRC Enforcement Policy. Under the

phased enforcement plan, the NRC will consider licensees who accept State-issued ID that is

not REAL ID-compliant for entry into the nuclear power plant as continuing to be in compliance

with the applicable NRC identification-verification requirements until the phased enforcement

date of May 5, 2027.

Consistent with Federal requirements and associated guidance, licensees, contractors, and

vendors may continue to use other forms of valid official photo ID (such as a U.S. passport, U.S. passport card, or military ID) to verify the identity of individuals requesting to enter a

nuclear power plant. Additional information on the REAL ID Act, its applicability to NRC

requirements, and alternative acceptable forms of ID can be found within the NRCs

presentation materials discussed at the public meeting held on October 30, 2024 (Agency

Documents Access and Management System Accession No. ML24302A252), and within a

question-and-answer document that has been developed by the NRC staff to address

stakeholder questions (ML25043A223).

The NRC is coordinating its phased enforcement plan with DHS and will make its plan available

on the agencys public website.

CONTACT

This IN requires no specific action or written response. If you have any questions about this matter, please contact the technical staff listed below or the appropriate NRC regional office.

/RA/

/RA/

Russel T. Felts, Director

John McKirgan, Director

Division of Reactor Oversight

Division of Physical & Cyber Security Policy

Office of Nuclear Reactor Regulation

Office of Nuclear Security and Incident Response

Technical Contacts:

Brian Zaleski, NSIR

(301) 287-0638

Email: Brian.Zaleski@nrc.gov

Brad Baxter, NSIR

(301) 287-3615

Email: Brad.Baxter@nrc.gov

Note: NRC generic communications may be found on the NRC public website, https://www.nrc.gov, under NRC Library/Document Collections.

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