ML23181A099
| ML23181A099 | |
| Person / Time | |
|---|---|
| Issue date: | 07/13/2023 |
| From: | Baxter B NRC/NSIR/DPCP/RSB |
| To: | |
| References | |
| ML23181A091 | |
| Download: ML23181A099 (1) | |
Text
July 13, 2023 Brad Baxter/NSIR/DPCP/RSB Office of Nuclear Security and Incident Response U.S. Nuclear Regulatory Commission Access Authorization - 10 CFR Part 73 Regulatory Status Updates
Topics
- Draft Regulatory Issue Summary (RIS), Personnel Access Authorization Requirements for Non-Immigrant Foreign Nationals Working at Nuclear Power Plants (Status)
- Part 53 Rulemaking Effort (Status) 2
Background:
The NRC, in collaboration with the Department of Homeland Security, identified several instances where a licensee failed to appropriately verify the claimed non-immigration status of a foreign national seeking unescorted access (UA) and/or unescorted access authorization (UAA), which resulted in individuals being granted UA/UAA at U.S. nuclear power plants [did not have visa category that permitted work in the U.S]. [10 CFR 73.56(d)(3), Verification of True Identity]
Based on those events and NRC staff review, the NRC issued Enforcement Guidance Memorandum (EGM) 20-001, Enforcement Discretion Not to Cite Certain Violations of 10 CFR 73.56 Requirements (ML19316A667)
NRC Technical Lead: Mark Resner Personnel Access Authorization Requirements for Non-Immigrant Foreign Nationals Working at Nuclear Power Plants 3
Stakeholder Interactions First draft RIS
- March 31, 2020: NRC published in Federal Register (85 FR17770) (ML20008D562)
- April 28, 2020: NRC held a public meeting seeking public participation and comment Second draft RIS
- June 13, 2022: NRC published in Federal Register (87 FR35798) (ML22157A366)
- August 9, 2022: NRC held a public meeting seeking public participation and comment Third draft RIS
- December 20, 2022: NRC published in ADAMS (ML22354A108)
- January 12, 2023: NRC held a public meeting to discuss the revised RIS 4
EGM 20-001 has been extended to June 30, 2024 (Rev. 3, ML23178A073)
Staff is developing a Commission vote paper to seek the Commissions direction and approval on the recommended path forward to validate that a foreign nationals claimed nonimmigration status is correct under 10 CFR 73.56(d)(3).
Current Status/Next Steps 5
Part 53 Rulemaking Status July 13, 2023 Office of Nuclear Security and Incident Response U.S. Nuclear Regulatory Commission 6
Part 53 Rulemaking The staff created a transformative security framework for advanced reactors that applies a graded approach to the requirements for access authorization and Fitness-For-Duty programs commensurate with the risk to public health and safety, and the common defense and security.
Security and safeguards programs addressed by 10 CFR Part 53 information security physical security cybersecurity access authorization Fitness-For-Duty material control and accounting 7
Slide 8
- Providing an equivalent level of safety and security; this does not mean an equivalent set of requirements.
- Maintaining reasonable assurance that individuals are fit for duty and trustworthy and reliable.
- Leveraging operating experience from power and non-power reactors, and material licensees.
- Engaging stakeholders early to obtain diverse views, industry considerations, and other inputs to help guide the proposed rule language and guidance.
Part 53 Rulemaking (Cont.)
Innovative Approach and Key Messages for AA and FFD 8
The proposed rule package for Advanced Reactors was submitted to the Commission for their review and approval on March 1, 2023.
The proposed rule SECY-23-0021 and enclosures were made public on March 7, 2023 (https://www.nrc.gov/docs/ML2116/ML21162A093.html)
Part 53 Rulemaking (Cont.)
9
Key Rulemaking Milestones @ 30K level Activity Date(s)
Submit Draft Proposed Rule & Guidance to Commission March 2023 (completed)
Publish Proposed Rule TBD Public Outreach & Generation of Final Rule Package July 2023 - May 2024 Submit Draft Final Rule to Commission December 2024 Publish Final Rule July 2025 Part 53 Milestones 10
Part 53 Contact Information Part 53 Rulemaking Robert.Beall@nrc.gov; 301-415-3874 Regulations.gov Docket ID: NRC-2019-0062 73.120 Access Authorization Requirements Brad.Baxter@nrc.gov; 301-287-3615 Part 26 FFD Requirements Paul.Harris@nrc.gov; 301-287-9294 Stay informed! Subscribe to GovDelivery:
https://service.govdelivery.com/accounts/USNRC/subscriber/new 11
Access Authorization and FFD Contact Information Office of Nuclear Security and Incident Response Mark Resner, Senior Security Specialist (Access Authorization)
Mark.Resner@nrc.gov (301-287-3680)
Paul Harris, Senior Program Manager (Fitness for Duty)
Paul.Harris@nrc.gov (301-287-9294)
Brad Baxter, Security Specialist (Access Authorization)
Brad.Baxter@nrc.gov (301-287-3615)
Brian Zaleski, Specialist -
Fitness-for-Duty/Access Authorization Brian.Zaleski@nrc.gov (301-287-0638)
TEAM 12
Questions