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

SUMMARY: The Nuclear Regulatory Commission (NRC) is 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 relieves nuclear power plant licensees of the requirement to

separately control access to reactor containments during these periods.

Deletion of this requirement decreases the regulatory burden for the

licensees without degradation of physical security.

EFFECTIVE DATE: October 10, 1995.

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 re-examined the NRC's nuclear power plant

security requirements associated with an internal threat contained in

10 CFR Part 73, ``Physical Protection of Plants and Materials.'' In a

report to the Commission dated August 4, 1992 (SECY-92-272), the NRC

staff identified requirements that were redundant, out of date, or

marginal to safety. Following public meetings held to discuss these

requirements, the NRC staff submitted a subsequent report to the

Commission dated December 12, 1993 (SECY-93-326), with recommended

changes to Sec. 73.55. One of the recommended changes was the deletion

of Sec. 73.55(d)(8), which contained a requirement for separate access

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

for locks and alarms, which is contained elsewhere in 10 CFR Part 73.

The Commission has decided to remove this paragraph to provide burden

relief to licensees without compromising the physical protection of

licensed activities against radiological sabotage. The other

recommendations contained in SECY-93-326 will be addressed in another

NRC rulemaking action.

Proposed Rule and Public Comments

On May 10, 1995 (60 FR 24803), the NRC published, with a public

comment period of 30 days, a proposed rule that would delete

Sec. 73.55(d)(8). Twenty-two comments were received: 20 from utilities,

1 from an industry group, and 1 from a labor union. All commenters

supported the proposed rule. The commenters agreed that the proposed

action would reduce the regulatory burden but would not degrade the

physical security of nuclear power plants. The industry group further

commented that significant savings could result from this rulemaking.

One of the utilities commented that it would enable utilities to make

more efficient use of their resources.

One utility questioned whether the same relief would apply when

access to containment is from an area provided with access controls and

other security features but not formally designated as a vital area.

The same relief would not generically apply to these situations because

the level of control varies for each area. However, the NRC will

consider each situation on a case-by-case basis.

Another utility asked if its approved security plan, which already

had requirements for access to containment directly from a protected

area, was affected by this rulemaking. This rule affects access

controls only from vital areas into containment. This rule does not

affect access controls from protected areas into containment, thus, it

does not affect any approved security plan for access to containment

from a protected area. When access from a protected area into

containment is necessary, existing access controls must remain in

effect at the entrances to containment.

Final Rule

Based on the public comments, the NRC staff considers that no

change to the final rule is necessary. Thus, the final rule remains the

same as the proposed rule.

The final rule deletes paragraph (d)(8) of Sec. 73.55. This

amendment relieves licensees of an unnecessary burden, without

degrading physical security. Moreover, since security personnel are no

longer required to be assigned to a radiation control area, there will

be a decrease in occupational exposure. NRC notes that this change

applies only to access control from vital areas into reactor

containment for the purpose of physical security and does not relieve a

licensee of requirements established for the purpose of radiological

control and emergency planning.

Environmental Impact: Categorical Exclusion

The Commission has determined that this 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 rule.

Paperwork Reduction Act Statement

This final 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) relieves 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, two 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 2 major outages

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

security personnel,

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the total savings per reactor per year will 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

Sec. 73.55(d)(8) results in a decrease in occupational exposure because

security personnel will no longer be required to be within the

radiation controlled area directly adjacent to containment.

Reactor containment or adjacent areas that provide access to

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

containment is already controlled. In addition, having security

personnel control access of materials into containment provides no

substantial benefit since material access into the protected area is

already controlled and the containment is located within the protected

area. Furthermore, 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.

Based on the above discussion, the NRC concludes that eliminating

Sec. 73.55(d)(8) provides relief to the licensees and lowers

occupational exposure without compromising physical protection of

licensed activities against radiological sabotage at 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 rule does not have a

significant economic impact on a substantial number of small entities.

This rule affects 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 size standards established by the NRC (10 CFR

2.810).

Backfit Analysis

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

does not apply to this final rule because this amendment does 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 adopting

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:

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; sec. 204, 88 Stat. 1242, as amended, 1245; sec. 1701, 106

Stat. 2951, 2952, 2953 (42 U.S.C. 5841, 5844, 2297f).

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 21st day of August 1995.

For the Nuclear Regulatory Commission.

James M. Taylor,

Executive Director for Operations.

[FR Doc. 95-22187 Filed 9-6-95; 8:45 am]

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