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.
.
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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 Tuesday, March 09, 2021