United States Nuclear Regulatory Commission - Protecting People and the Environment

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). 

Page Last Reviewed/Updated Monday, June 17, 2013