Changes to Nuclear Power Plant Security Requirements Associated with Containment Access Control

SUMMARY: The Nuclear Regulatory Commission (NRC) is proposing amending

its regulations to delete certain security requirements for controlling

the access of personnel and materials into reactor containment during

periods of high traffic such as refueling and major maintenance. This

action would relieve nuclear power plant licensees of the requirement

to separately control access to reactor containments during periods of

high traffic, such as refueling and major maintenance outages. Deletion

of this requirement would decrease the regulatory burden for the

licensees without degradation of physical security. This action follows

reconsideration by the NRC of nuclear power plant physical security

requirements to identify those that are marginal to safety, redundant,

or out-of-date.

DATES: Submit comments by June 9, 1995. Comments received after this

date will be considered if it is practical to do so, but the Commission

is able to assure consideration only for comments received on or before

this date.

ADDRESSES: Comments may be sent to: Secretary, U.S. Nuclear Regulatory

Commission, Washington, DC 20555. Attn: Docketing and Service Branch.

Hand deliver comments to 11545 Rockville Pike, Maryland, between 7:45

a.m. and 4:15 p.m. on Federal workdays.

Comments may be submitted electronically, in either ASCII text or

WordPerfect format (version 5.1 or later), by calling the NRC

Electronic Bulletin Board (BBS) on FedWorld. The bulletin board may be

accessed using a personal computer, a modem, and one of the commonly

available communications software packages, or directly via Internet.

Background documents on this rulemaking are also available for

downloading and viewing on the bulletin board.

If using a personal computer and modem, the NRC rulemaking

subsystem on FedWorld can be accessed directly by dialing the toll free

number (800) 303-9672. Communication software parameters should be set

as follows: parity to none, data bits to 8, and stop bits to 1 (N,8,1).

Using ANSI or VT-100 terminal emulation, the NRC rulemaking subsystem

can then be accessed by selecting the ``Rules Menu'' option from the

``NRC Main Menu.'' Users will find the ``FedWorld Online User's

Guides'' particularly helpful. Many NRC subsystems and data bases also

have a ``Help/Information Center'' option that is tailored to the

particular subsystem.

The NRC subsystem on FedWorld can also be accessed by a direct dial

phone number for the main FedWorld BBS, (703) 321-3339, or by using

Telnet via Internet: fedworld.gov. If using (703) 321-3339 to contact

FedWorld, the NRC subsystem will be accessed from the main FedWorld

menu by selecting the ``Regulatory, Government Administration and State

Systems,'' then selecting ``Regulatory Information Mall.'' At that

point, a menu will be displayed that has an option ``U.S. Nuclear

Regulatory Commission'' that will take you to the NRC Online main menu.

The NRC Online area also can be accessed directly by typing ``/go nrc''

at a FedWorld command line. If you access NRC from FedWorld's main

menu, you may return to FedWorld by selecting the ``Return to

FedWorld'' option from the NRC Online Main Menu. However, if you access

NRC at FedWorld by using NRC's toll-free number, you will have full

access to all NRC systems, but you will not have access to the main

FedWorld system.

If you contact FedWorld using Telnet, you will see the NRC area and

menus, including the Rules Menu. Although you will be able to download

documents and leave messages, you will not be able to write comments or

upload files (comments). If you contact FedWorld using FTP, all files

can be accessed and downloaded but uploads are not allowed; all you

will see is a list of files without descriptions (normal Gopher look).

An index file listing all files within a subdirectory, with

descriptions, is available. There is a 15-minute time limit for FTP

access.

Although FedWorld also can be accessed through the World Wide Web,

like FTP, that mode only provides access for downloading files and does

not display the NRC Rules Menu.

For more information on NRC bulletin boards call Mr. Arthur Davis,

Systems Integration and Development Branch, NRC, Washington, DC 20555,

telephone (301) 415-5780; e-mail AXD[email protected].

Single copies of this proposed rulemaking may be obtained by

written request or telefax ((301) 415-2260) from: Distribution

Services, Printing and Mail Services Branch, Office of Administration,

U.S. Nuclear Regulatory Commission, Washington DC 20555-0001. Certain

documents related to this rulemaking, including comments received, may

be examined at the NRC Public Document Room, 2120 L Street NW. (Lower

Level), Washington, DC. These same documents may also be viewed and

downloaded electronically via the Electronic Bulletin Board established

by NRC for this rulemaking as indicated above.

FOR FURTHER INFORMATION CONTACT: Dr. Sandra Frattali, Office of Nuclear

Regulatory Research, U.S. Nuclear Regulatory Commission, Washington, DC

20555, telephone (301) 415-6261, e-mail [email protected].

SUPPLEMENTARY INFORMATION:

Background

In 1991, the Commission staff re-examined the NRC's nuclear power

plant security requirements contained in 10 CFR part 73, ``Physical

Protection of Plants and Materials,'' associated with an internal

threat. Requirements were identified that were redundant, out-of-date,

or marginal-to-safety (SECY-92-272). Following public meetings held to

discuss these requirements, the NRC staff recommended changes to

Sec. 73.55 (SECY-93-326). One of the recommended changes was the

deletion of Sec. 73.55(d)(8), which contains a requirement for separate

access control to reactor containments, which is unneeded, and a

requirement for locks and alarms, which is contained

[[Page 24804]] elsewhere in part 73. If this paragraph were removed it

would provide burden relief to the licensees without compromising the

physical protection of the health and safety of the public against

radiological sabotage. The NRC is proposing this rulemaking in response

to the above recommendation. The other recommendations will be

addressed in other NRC actions.

Discussion

Paragraph (d)(8) in Sec. 73.55 requires physical protection for

access into reactor containment. The paragraph contains two

requirements, one is a requirement for locks and alarms. The second

requires control, by a guard or watchman, of access of personnel and

material into containment during periods of high traffic such as

refueling and major maintenance outages.

When paragraph (d)(8) was promulgated there were no specific access

authorization regulations, thus no additional protection for reactor

containment against the insider threat. Subsequent rulemakings have

been promulgated directed at protecting against the insider threat,

namely Sec. 73.56, ``Personnel access authorization requirements for

nuclear power plants,'' and Sec. 73.57, ``Requirements for criminal

history checks of individuals granted unescorted access to a nuclear

power facility or access to Safeguards Information by power reactor

licensees.'' Reactor containment or adjacent areas that provide access

to containment are already vital areas. Thus, access of personnel into

containment during periods of high traffic, such as refueling and major

maintenance outages, is already controlled. In addition having security

personnel control access of materials into containment during periods

of high traffic provides no substantial benefit since material access

into the protected area is already controlled and the containment is

located within the protected area. Moreover, even certain

``authorized'' materials could be misused once in containment. The

requirement that access be controlled by a guard or watchman provides

little security since the purpose is to control access, which has

already been provided, and not prevent a forced entry. After reactor

containment is secured following periods of heavy traffic, existing NRC

requirements for walkdown inspections and security searches apply and

assure the security of the containment. Hence, the requirement that

access into the reactor containment itself be separately controlled

provides little or no additional security.

In addition, because a reactor containment is a vital area, it is

subject to the vital area requirements for locks and alarms contained

in other sections of Sec. 73.55, as well as all other policies and

procedures related to vital areas and equipment. Thus, the requirement

for locks and alarms in paragraph (d)(8) is redundant.

For these reasons, the NRC believes that deletion of

Sec. 73.55(d)(8) would relieve licensees of an unnecessary burden,

without degradation of physical security. Moreover, since security

personnel would no longer be required to be assigned to a radiation

control area, there would be a decrease in occupational exposure. It

should be noted that this change would apply only to access from vital

areas into reactor containment (which continues to remain a vital area)

and does not relieve the licensee of requirements to provide

radiological controls or of other requirements for personnel

accountability.

Environmental Impact: Categorical Exclusion

The Commission has determined that this proposed rule is the type

of action described as a categorical exclusion in 10 CFR 51.22 (c)(2).

Therefore, neither an environmental impact statement nor an

environmental assessment has been prepared for this proposed rule.

Paperwork Reduction Act Statement

This proposed rule does not contain a new or amended information

collection requirement subject to the Paperwork Reduction Act of 1980

(44 U.S.C. 3501 et seq.). Existing requirements were approved by the

Office of Management and Budget, approval number 3150-0002.

Regulatory Analysis

Elimination of Sec. 73.55(d)(8) would relieve licensees of the

requirement to station security personnel at entrances to containment

during periods of high traffic. The potential savings to the licensees

from the elimination of this requirement are substantial. Assuming, on

the average, 2 security personnel are needed to control access to

containment during the time the reactor is open, and assuming that the

containment is open 50 days per major outage, with two major outages

every 3 years, and a wage of approximately $30 per hour (loaded) for

security personnel, the total savings per reactor per year would be:

2 guards/reactor x 50 days/outage x 2/3 outages/year x $30/

hr-guard x 24 hrs/day = $48,000/year-reactor.

With 110 operating nuclear power reactors, the total savings for

the industry are potentially $5,280,000/year. Moreover, deletion of

paragraph (d)(8) would result in a decrease in occupational exposure

because security personnel would no longer be required to be within the

radiation controlled area directly adjacent to containment.

Based on the above discussion, the NRC concludes that eliminating

Sec. 73.55(d)(8) would provide relief to the licensees, and lower

occupational exposure, without compromising physical protection of the

public health and safety against radiological sabotage at licensed

nuclear power reactors.

Regulatory Flexibility Certification

As required by the Regulatory Flexibility Act of 1980, 5 U.S.C.

605(b), the Commission certifies that this proposed rule, if adopted,

would not have a significant economic impact on a substantial number of

small entities. This proposed rule would affect only licensees

authorized to operate nuclear power reactors. These licensees do not

fall within the scope of the definition of ``small entities'' set forth

in the Regulatory Flexibility Act, or the Small Business Size Standards

set out in regulations issued by the Small Business Administration Act,

13 CFR part 121.

Backfit Analysis

The Commission has determined that the backfit rule, 10 CFR 50.109,

does not apply to this proposed rule because this amendment would not

impose new requirements on existing 10 CFR part 50 licensees. It is

voluntary and should the licensee decide to implement this amendment,

it is a reduction in burden to the licensee. Therefore, a backfit

analysis has not been prepared for this amendment.

List of Subjects in 10 CFR Part 73

Criminal penalties, Hazardous materials transportation, Export,

Import, Nuclear materials, Nuclear power plants and reactors, Reporting

and recordkeeping requirements, Security measures.

For the reasons set out in the preamble and under the authority of

the Atomic Energy Act of 1954, as amended, the Energy Reorganization

Act of 1974, as amended, and 5 U.S.C. 552 and 553, the NRC is proposing

to adopt the following amendments to 10 CFR part 73.

PART 73--PHYSICAL PROTECTION OF PLANTS AND MATERIALS

1. The authority citation for part 73 continues to read as follows:

[[Page 24805]] Authority: Secs. 53, 161, 68 Stat. 930, 948, as

amended, sec. 147, 94 Stat. 780 (42 U.S.C. 2073, 2167, 2201); sec.

201, as amended, 204, 88 Stat. 1242, as amended, 1245 (42 U.S.C.

5841, 5844).

Section 73.1 also issued under secs. 135, 141, Pub. L. 97-425,

96 Stat. 2232, 2241 (42 U.S.C. 10155, 10161). Section 73.37(f) also

issued under sec. 301, Pub. L. 96-295, 94 Stat. 789 (42 U.S.C. 5841

note). Section 73.57 is issued under sec. 606, Pub. L. 99-399, 100

Stat. 876 (42 U.S.C. 2169).

Sec. 73.55 [Amended]

2. In Sec. 73.55, paragraph (d)(8) is removed and paragraph (d)(9)

is redesignated as (d)(8).

Dated at Rockville, Maryland, this 2nd day of May, 1995.

For the Nuclear Regulatory Commission.

James M. Taylor,

Executive Director for Operations.

[FR Doc. 95-11482 Filed 5-9-95; 8:45 am]

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