Summary of Certain Non-Power Reactor Physical Protection Requirements (Generic Letter 80-38)
GL80038 DISTRIBUTION: SSPB Files MAY 7 1980 ALL NONPOWER REACTOR LICENSEES On January 7, 1980, you were sent a letter describing certain nonpower reactor (NPR) physical protection requirements. Recent discussions between personnel from the NRC's Division of Safeguards and staff members of several licensees have identified what appears to be a misunderstanding of regulatory requirements relating to the protection of formula quantities of strategic special nuclear material; special nuclear material (SNM) of moderate strategic significance; and SNM of low strategic significance. As a result of this, the NRC has prepared a summary of certain NPR physical protection requirements. The summary, which is enclosed, supplements the January letter and should aid you in determining the safeguards (security) requirements applicable to your facility. If you have any questions regarding this letter, please contact your appropriate project manager. Sincerely, James R. Miller, Chief Standardization and Special Projects Branch Division of Licensing . ATTACHMENT TO GENERIC LETTER TO ALL NONPOWER REACTOR LICENSEES DOCKET NO. DOCKET NO. DOCKET NO. 50-70 50-113 50-186 50-184 50-224 50-123 50-13 50-326 50-396 50-360 50-357 50-62 50-225 50-151 50-139 50-394 50-166 50-124 50-77 50-192 50-87 50-276 50-407 50-134 50-284 50-156 50-538 50-131 50-106 50-27 50-59 50-99 50-598 50-262 50-406 50-97 50-98 50-73 50- 50-160 50-112 50-116 50-72 50-199 50-228 50-20 50-170 50-297 50-208 50-375 50-157 50-150 50-264 50-182 50-163 50-193 50-89 50-57 50-274 50-54 50-188 50-142 50-294 50-433 50-187 50-83 50-243 50-356 50-5 50-148 50-288 50-223 50-128 50-2 . ENCLOSURE NONPOWER REACTOR PHYSICAL PROTECTION REQUIREMENTS 1. Presently NPR licensees are not required to meet the provisions of the "Physical Protection Upgrade Rule" (Federal Register Notices 68184-68199) as it pertains to the possession or use of formula quantities of strategic special nuclear material (SSNM) at any fixed site or contiguous sites (SS73.20, SS73.45 and SS73.46). NPR licensees who possess or use such material at this time have been temporarily exempted from implementing these requirements while certain NPR safeguards studies are being completed. These studies are intended to determine whether or not safeguards credit can be given for unique features associated with NPR's. 2. In the interim, licensees who possess or use formula quantities of SSNM (not exempt pursuant to SS73.6 (b)) are required to implement the requirements identified in SS73.60, SS73.70 and SS73.40(b). These regulations generally require additional physical protection measures at facilities where formula quantities of SNM are possessed; require certain records to be maintained; and requires that a safeguards contingency plan be prepared in accordance with criteria set forth in Appendix C to 10 CFR Part 73. In addition, licensees are required to implement the requirements identified in SS73.67 (a), (b), (c) and (d). A security plan or an amended security plan must be prepared which describes how you plan to comply with these requirements and must be submitted to the NRC by August 25, 1980. The security plan must then be fully implemented on March 25, 1981 or 90 days after the plan is approved, whichever is later. The only exception which may be granted to the full implementation schedule is for modification of structures and/or installation of major equipment. In these cases the date for full implementation may be extended to August 25, 1981. 3. If you possess, store, use, transport, export or deliver to a carrier for transport SNM of moderate strategic significance, as specified in SS73.2 (x)(1) and/or (2), you are required to implement SS73.67 (a), (b), (c), (d) and (e), as appropriate. A security plan must be prepared which describes how you plan to comply with these requirements and must be submitted to the NRC by May 18, 1980. The security plan must then be fully implemented on September 21, 1980 or 30 days after the plan is approved, whichever is later. Please note that the date for the submittal of the security plan and the date for the full implementation of the plan have been changed. This change was published in Federal Register March 25, 1980 (45 FR 19215). 4. If you possess, store, use, transport, export or deliver to a carrier for transport SNM of low strategic significance, as specified in SS73.2 (y)(1), (2) and/or (3), you are required to implement SS73.67 (a), (b), (c), (f) and (g), as appropriate. If you possess or transport 10 kilograms or more of the above material, you must submit a security plan to the NRC by May 18, 1980. The security plan must be fully implemented on September 21, 1980 or 30 days after the plan is approved, whichever is later. . - 2 - 5. With regard to paragraphs 1 through 4 above, the application of the exemptions allowed by SS73.6(b) and SS73.67(b)(1)(i) will normally be used by licensees when determining physical protection requirements for their facilities. If these exemptions are applied, and the radioactive SNM or SSNM subsequently falls below the criteria established by the exemptions, for any reason, licensees will have to initiate measures to increase the physical protection to a level consistent with current rules and regulations. On the basis of the above, it is necessary for the licensees to describe in their security plan submittals measures to be taken should such an event occur or describe why such an event is not possible at your facility. 6. In addition to the above, other sections of Part 73 also apply to NPR licensees (e.g. SS73.24, Prohibitions; SS73.37, Protection of Spent Fuel Shipments; SS73.71, Reports of Unaccounted Shipments; SS73.72, Advance Notice of Shipment of SNM).
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