Regulatory Initiatives
From time to time, the U.S. Nuclear Regulatory Commission (NRC) undertakes regulatory initiatives to ensure that the agency’s Domestic Safeguards Regulations, Guidance, and Communications continue to adequately protect the Nation’s nuclear facilities and material in a changing threat environment. For details regarding current regulatory initiatives, please see the following topics on this page:
- Security-Related Rulemaking to Update 10 CFR Part 73
- Security Rulemaking for Independent Spent Fuel Storage Installations
Security-Related Rulemaking to Update 10 CFR Part 73
On July 8, 2010, the Commission issued a Staff Requirements Memorandum (SRM), instructing the staff to update portions of Title 10, Part 73, of the Code of Federal Regulations (10 CFR Part 73), “Physical Protection of Plants and Materials.” Specifically, the portions affected by this rulemaking include security-related regulations for special nuclear material (SNM) and fuel cycle facilities.
In the current regulatory framework, the required level of physical protection depends on the facility type, as well as the type and quantity of SNM at the facility. This framework is based on a material categorization scheme, which places uranium and plutonium into one of three risk categories (Category I, II, or III) depending on the quantity and specific composition of isotopes.
Under this rulemaking, the NRC will ensure that the security measures put in place by NRC Security Orders are generally applicable to NRC-licensed fuel cycle facilities. The NRC is also considering revising the current SNM categorization scheme, using an approach that will consider the “attractiveness” of the material in addition to its type and quantity. This approach would, in turn, lead to the development of more appropriate physical protection requirements for SNM based on how attractive the material might be for malicious or malevolent uses. In addition, consideration of material attractiveness will enable the “right-sizing” of security regulations that are specific to quantities of various forms of SNM, and would ensure greater regulatory predictability and clarity.
At this time, the staff is developing the regulatory basis for this effort. This regulatory basis will provide the scope and technical justification for changes to existing regulations, with a primary focus on 10 CFR Part 73.
Public Involvement in the Security-Related Rulemaking to Update 10 CFR Part 73
The NRC has a long-standing practice of conducting its regulatory responsibilities in an open manner. For that reason, the NRC is committed to informing the public about its regulatory, licensing, and oversight activities, and providing opportunities for the public to participate in the agency’s decisionmaking process.
See Public Meetings and Involvement, Hearing Opportunities and License Applications, and NUREG/BR-0215, "Public Involvement in the Regulatory Process," for information about upcoming meetings and opportunities for public involvement. For information about meetings that the NRC has conducted in connection with the update of 10 CFR Part 73, please see Public Meetings on Nuclear Security and Safeguards.
In addition, we invite you to Contact Us if you have comments or questions regarding this regulatory initiative.
Security Rulemaking for Independent Spent Fuel Storage Installations
The NRC is in the process of proposing a rulemaking that would revise the agency’s security requirements for the storage of spent nuclear fuel at an independent spent fuel storage installation (ISFSI) and the storage of spent nuclear fuel or high-level radioactive waste or both at a monitored retrievable storage installation (MRS). This proposed rulemaking would also make conforming changes to the licensing requirements for security plans and programs at ISFSIs and MRSs. For additional information about this rulemaking and related opportunities for public involvement, please see Proposed Security Rulemaking for Independent Spent Fuel Storage Installations.
