Amendment to 10 CFR 73.55 Deferral from 8/1/79 to 11/1/79 (Generic Letter 79-37)
GL 79-37
UNITED STATES
NUCLEAR REGULATORY COMMISSION
WASHINGTON, D.C. 20555
August 10, 1973
Gentlemen:
RE: Amendment to 10 CFR 73.55
This letter is being sent to all licensees authorized to operate a nuclear
power reactor and to all applicants with applications for a license to operate
a power reactor to advise you that the Nuclear Regulatory Commission has
recently published in the FEDERAL REGISTER an effective amendment to its
regulation 10 CFR 73.55, "Requirements for Physical Protection of Licensed
Activities in Nuclear Power Reactors Against Industrial Sabotage." Enclosed
is a copy of the FEDERAL REGISTER notice which is effective immediately on
publication.
The amendment defers implementation of the physical search requirement of
paragraph (d) (1) for regular employees of a licensee, the two man rule and
compartmentalization for protection against insider sabotage. The deferral
for these measures is from August 1, 1979 to November 1, 1979. The deferral
for the implementation of these measures applies to all security plans
(submitted pursuant to 10 CFR 73.55) approved by the Commission's Staff as
well as the security plans still under review.
This action does not alter the requirement for you to fully implement all
other security systems, measures and procedures described in your 73.55
security plan.
Sincerely,
Harold R. Denton, Director
Office of Nuclear Reactor Regulation
Enclosure: As Stated
7910090241
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Title 10 - Energy
CHAPTER I - NUCLEAR REGULATORY COMMISSION
PART 73 - PHYSICAL PROTECTION OF PLANTS AND MATERIALS
Requirements for the Physical Protection of Nuclear Power Plants
AGENCY: U S NUCLEAR REGULATORY COMMISSION
ACTION: Effective rule.
___________________________________________________________________________
SUMMARY: The date when pat-down searches of regular employees at nuclear
power plants, two-man rule procedures and additional compartmentalization have
to be implemented for protection against insider sabotage is being changed
from August 1, 1979 to November 1, 1979. the delay is being granted for
essentially the same reasons cited in the Federal Register notice of
February 28, 1979, 44 FR 11201. It was noted in 44 FR 11201 that the
Commission was awaiting the results of the Hearing Board Report on the
Material Access Authorization Program before a decision on the need for
patdown searches of regular employees at nuclear power plants, two man rule
procedures and compartmentalization could be made. The Commission received
this report April 1979, and is presently evaluating the recommendations of
this report.
EFFECTIVE DATE: August 15, 1979
FOR FURTHER INFORMATION CONTACT:
Mr. Robert A. Clark, Chief, Reactor Safeguards
Licensing Branch, Office of Nuclear Reactor
Regulations, U S Nuclear Regulatory Commission
Washington, DC 20555, (301) 492-7230
SUPPLEMENTARY INFORMATION: On February 28, 1979 the Commission changed the
date from February 23, 1979 to August 1, 1979 when patdown searches of
7909270616.
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regular employees of nuclear power plant licensees, two man rule procedures
and compartmentalization to provide protection against insider sabotage at
nuclear power plants had to be implemented. The rationale for this extension
was developed in the Federal Register notice on this subject, 44 FR 11201.
The primary reason for delaying implementation of these measures was that
the Commission needed to consider them in light of the material access
authorization program and was awaiting the findings of the Hearing Board
before making a decision on the measures. The Hearing Board submitted their
report to the Commission, April 1979, and the Commission is now evaluating the
findings. The Hearing Board recommendations were different from those of the
staff for nuclear power plants. That is, whereas the staff recommended a
material access authorization program consisting of a full field background
investigation for individuals granted unescorted access to Type I vital areas,
the Hearing Board recommended among other things a national agency check and a
psychological screening program. The staff has informed the Commission that
if the Hearing Board's recommendations are adopted the elements of this
program would require additional time to implement through rulemaking
procedure.
Clearly, more time will be needed to evaluate the Hearing Board's
recommendations. In the meantime all licensees have met all the other
requirements of section 73.55 and the Commission is satisfied that these other
measures combined with search procedures presently being followed, and other
actions being developed to assure more positive access control to type I vital
areas, will in total, for the interim, provide adequate protection against
sabotage by an insider at nuclear power plants. The
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Commission, therefore, has decided to delay from August 1, 1979 to November 1,
1979, the date when pat-down searches of regular employees and these other
complementary or alternatives measures to pat-down searches have to be
implemented.
The Commission has determined that this action is consistent with the common
defense and security and the protection of public health and safety. The
Commission has, for good cause found that notice and public procedure on this
amendment are unnecessary because of the earlier public participation in the
rulemaking proceeding leading to 10 CFR 73.55. The amendment is also made
effective immediately on publication in the FEDERAL REGISTER (date of
publication in the FEDERAL REGISTER) because it serves to relieve a
restriction that would otherwise be imposed on affected licensees of the
Commission on August 1, 1979.
Pursuant to the Atomic Energy Act of 1954, as amended, the Energy
Reorganization Act of 1974, as amended, and sections 552 and 553 of title 5 of
the United States Code, the following amendment to Title 10 Chapter I, Code of
Federal Regulations, Part 72 is published as a document subject to
codification.
73.55 [Amended]
1. Section 73.55 of 10 CFR Part 73 is amended to change the date of
August 1, 1979 to November 1, 1979, in the second to last sentence of the
unnumbered prefatory paragraph of this section.
Effective date: August 15, 1979
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(Sec. 161i, Pub L. 83-703, 68 Stat. 948, Pub L. 93-377, 88 Stat. 475; Sec.
201, Pub. L. 93-438, 88 Stat. 1242-1243, Pub L. 94-79, 89 Stat. 413 (U.S.C.
2201, 5841).)
Dated at Washington, DC this 9th day of August 1979.
For the Nuclear Regulatory Commission
Samuel J. Chilk
Secretary of the Commission
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