United States Nuclear Regulatory Commission - Protecting People and the Environment

U.S. Nuclear Regulatory Commission

Question 417: This question refers to the answer to

Question 29 under §20.1302. The statement that a licensee

can require members of the public to exit a controlled area

at any time is not obvious, based on the published rule. A

controlled area is one to which access can be limited, but

that condition might exist only at certain times or under

certain conditions or the access limits might be of a

nature other than strict prohibition. For instance, it

might be a control that specifically limits the stay time.

Does NRC expect procedures to reflect the changing nature

of such an area, i.e., controlled at one time but

unrestricted at other times, or is an area that meets the

requirements to be designated a controlled area for some

portion of time simply a controlled area all the time?

(The latter, I hope).

Answer: The words ". . . access to which can be limited .

. ." in the definition of "controlled area" mean that

access can be limited at any and all times, regardless of

whether or not access is limited at any particular time. An

area designated by a licensee as a controlled area

continues to be a controlled area until that designation is

changed; it does not change from being a controlled area,

and become an unrestricted area, simply because access is

not being limited at some particular time. [See

discussions of "Licensee Discretion" and "Controlled Areas"

in the answer to Question 26 (a).] (References: 10 CFR

20.1003, 10 CFR 20.1302).

Page Last Reviewed/Updated Thursday, March 29, 2012