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30 March 2007
[Federal Register: March 29, 2007 (Volume 72, Number 60)]
[Proposed Rules]
[Page 14713-14715]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29mr07-18]
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NUCLEAR REGULATORY COMMISSION
10 CFR Part 50
[Docket No. PRM-50-83]
Project on Government Oversight and Union of Concerned
Scientists; Receipt of Petition for Rulemaking
AGENCY: U.S. Nuclear Regulatory Commission.
[[Page 14714]]
ACTION: Petition for rulemaking; notice of receipt.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is publishing for
public comment a notice of receipt of a petition for rulemaking, dated
February 23, 2007, which was filed with the Commission by David
Lochbaum, on behalf of the Project On Government Oversight and the
Union of Concerned Scientists. The petition was docketed by the NRC on
March 5, 2007, and has been assigned Docket No. PRM-50-83. The
petitioners request that the NRC amend its regulations to require
periodic demonstrations by applicable local, State and Federal entities
to ensure that nuclear power plants can be adequately protected against
radiological sabotage greater than the design basis threat.
DATES: Submit comments by June 12, 2007. Comments received after this
date will be considered if it is practical to do so, but the Commission
is able to assure consideration only for comments received on or before
this date.
ADDRESSES: You may submit comments by any one of the following methods.
Please include PRM-50-83 in the subject line of your comments. Comments
on petitions submitted in writing or in electronic form will be made
available for public inspection. Because your comments will not be
edited to remove any identifying or contact information, the NRC
cautions you against including any information in your submission that
you do not want to be publicly disclosed.
Mail comments to: Secretary, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001, ATTN: Rulemakings and Adjudications Staff.
E-mail comments to: SECY@nrc.gov If you do not receive a reply e-
mail confirming that we have received your comments, contact us
directly at (301) 415-1966. You may also submit comments via the NRC's
rulemaking Web site at http://ruleforum.llnl.gov. Address questions
about our rulemaking Web site to Carol Gallagher (301) 415-5905; e-mail
cag@nrc.gov. Comments can also be submitted via the Federal e-
Rulemaking Portal http://www.regulations.gov.
Hand deliver comments to: 11555 Rockville Pike, Rockville, Maryland
20852, between 7:30 a.m. and 4:15 p.m., Federal workdays. (Telephone
(301) 415-1966).
Fax comments to: Secretary, U.S. Nuclear Regulatory Commission at
(301) 415-1101.
Publicly available documents related to this petition may be viewed
electronically on the public computers located at the NRC's Public
Document Room (PDR), Room 01 F21, One White Flint North, 11555
Rockville Pike, Rockville, Maryland. The PDR reproduction contractor
will copy documents for a fee. Selected documents, including comments,
may be viewed and downloaded electronically via the NRC rulemaking Web
site at http://ruleforum.llnl.gov.
Publicly available documents created or received at the NRC after
November 1, 1999, are available electronically at the NRC's Electronic
Reading Room at http://www.nrc.gov/reading-rm/adams.html. From this
site, the public can gain entry into the NRC's Agencywide Document
Access and Management System (ADAMS), which provides text and image
files of NRC's public documents. If you do not have access to ADAMS or
if there are problems in accessing the documents located in ADAMS,
contact the PDR Reference staff at 1-800-397-4209, 301-415-4737 or by
e-mail to pdr@nrc.gov.
FOR FURTHER INFORMATION CONTACT: Michael T. Lesar, Chief, Rulemaking,
Directives and Editing Branch, Division of Administrative Services,
Office of Administration, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001, Telephone: 301-415-7163 or Toll Free: 1-800-
368-5642.
SUPPLEMENTARY INFORMATION:
The Petitioners
The petitioners are the Project On Government Oversight and the
Union of Concerned Scientists. The petitioners state that the Project
On Government Oversight, formerly the Project on Military Procurement,
previously worked to reform military spending. After experiencing
success, the petitioner expanded its mission to include the
investigation of systemic waste, fraud and abuse in all Federal
agencies, including the important topic of nuclear plant security.
The petitioners state that the Union of Concerned Scientists is a
nonprofit partnership of scientists and citizens that combines
scientific analysis, policy development, and citizen advocacy to
achieve practical environmental solutions. In 2002, the Union of
Concerned Scientists had 61,300 members. The petitioners state that the
Union of Concerned Scientists has been an active participant in the
past in public meetings conducted by NRC regarding security
regulations, and the petitioner continues to articulate potential
problems and recommended solutions in various public arenas.
Background
Current regulations at 10 CFR part 73 contain requirements for the
physical protection of nuclear power plants and materials. On January
29, 2007, the Commission approved the issuance of a final rule which
revises Sec. 73.1 to establish a new design basis threat (DBT) level.
The final DBT rule was published in the Federal Register on March 19,
2007. (72 FR 12705)
The petitioners observe that the final DBT rule reflects the
Commission's determination of the most likely composite set of
adversary features against which private security forces should
reasonably have to defend. The petitioners believes that the DBT level
set forth in the final rule is less what is determined to be the
maximum level deemed credible by the national intelligence community,
and that the potential exists for radiological sabotage at a level
greater than the new DBT level. The petitioners therefore state that
the defense of a nuclear power plant against a threat greater than the
DBT would depend on the supplementation by local, State and Federal
entities.
The Proposed Amendment
The petitioners request that the NRC amend its regulations at 10
CFR part 50 to require periodic demonstrations that nuclear power
plants can be adequately protected against radiological sabotage above
the DBT level. Current regulations in Appendix E to 10 CFR part 50
require periodic demonstrations that plant owners and external
authorities can successfully meet their responsibilities during nuclear
power plant emergencies. The petitioners point out, however, that the
Commission's regulations do not provide for periodic demonstration by
applicable local, State and Federal entities to ensure that nuclear
power plants are protected against radiological sabotage above the DBT
level. The petitioners state that their requested amendment would
provide reasonable assurance that external authorities could
demonstrate that adequate protection is also available against
radiological sabotage greater than the DBT level.
The petitioners believe that in order for Americans to be
adequately protected, nuclear power plants must be defended against
both DBT and beyond-DBT attacks. Therefore, the petitioners request
that 10 CFR part 50 be amended in a way similar to current Appendix E
to require periodic exercises involving licensees and applicable local,
State and Federal entities to demonstrate their capabilities to protect
from radiological sabotage greater than the DBT level.
Conclusion
The petitioners believe that the proposed amendment to 10 CFR part
50
[[Page 14715]]
will complement current regulations by requiring periodic
demonstrations by applicable local, State and Federal entities to
ensure that nuclear power plants can be adequately protected against
radiological sabotage greater than the DBT level. Accordingly, the
petitioners request that the NCR amend its regulations related to
emergency preparedness as described previously in the section titled,
``The Proposed Amendment.''
Dated at Rockville, Maryland, this 23rd day of March 2007.
For the Nuclear Regulatory Commission.
Annette L. Vietti-Cook,
Secretary of the Commission.
[FR Doc. 07-1543 Filed 3-28-07; 8:45 am]
BILLING CODE 7590-01-M