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This rule would amend the NRC's physical security requirements for small modular reactors and other advanced reactor technologies. This rulemaking would establish voluntary alternative physical security requirements commensurate with the potential consequences to public health and safety and the common defense and security. This rulemaking would provide regulatory stability, predictability, and clarity in the licensing process and minimize or eliminate uncertainty for applicants who might otherwise request exemptions from the regulations.

Statement of Need:

Required by NEIMA.

Summary of the Legal Basis:

Policy Statement on the Regulation of Advanced Reactors, published in the Federal Register (FR) on October 14, 2008 (73 FR 60612). Staff Requirements Memorandum (SRM)-SECY-18-0076, dated November 19, 2018, (ADAMS Accession No. ML18324A478), the Commission approved the staff’s recommendation to initiate a limited-scope rulemaking.  

Alternatives:

SECY-18-0076, Options and Recommendation for Physical Security for Advanced Reactors, dated August 1, 2018, (ADAMS Accession No. ML18170A051), presenting alternatives and a recommendation to the Commission on possible changes to the regulations and guidance related to physical security for advanced reactors (light-water small modular reactors and non-light-water reactors). The staff evaluated the advantages and disadvantages of each alternative and recommended a limited-scope rulemaking to further assess and, if appropriate, revise a limited set of NRC regulations. The staff also recommended developing necessary guidance to address performance criteria for which the alternative requirements may be applied for advanced reactor license applicants.

Anticipated Costs and Benefits:

The estimated benefits of the proposed action include (1) fewer exemption requests as compared to those made under current regulations, (2) fewer security staff or other security features compared to those currently required by 10 CFR 73.55 commensurate with offsite consequences and radiation risks to public health and safety, (3) consistent regulatory applicability in the review of physical security plans in accordance with 10 CFR part 73, and (4) potential use of a more risk-informed, performance-based physical security framework.

Risks:

None.