The comment period for the NRC’s draft Regulatory Issue Summary (RIS) on true identity verification requirements closed on June 15, 2020. The industry had asked for and received a 45-day extension from the original April 30 deadline to provide comments.
The US Nuclear Regulatory Commission (NRC) Staff issued SECY-20-0034 on April 22, informing the NRC Commissioners of the Staff’s plan to exercise enforcement discretion for licensee noncompliance with regulatory requirements resulting from illnesses or other factors caused by the coronavirus (COVID-19) public health emergency (PHE).
The NRC published notice of a draft Regulatory Issue Summary (RIS) (previously published in ADAMS) in the Federal Register on March 31. The draft RIS purports to “clarify” licensees’ requirements pursuant to 10 CFR § 73.56(d)(3) to verify the “true identity” of non-immigrant foreign nationals who are granted unescorted access to nuclear power plants.
The Nuclear Regulatory Commission, by a 3-1 vote on August 7, agreed with the NRC Staff’s recommendation to discontinue a rulemaking on third-party arbitration of access authorization and fitness-for-duty determinations. The decision leaves admitted ambiguity, including a potential enforcement risk in the event that a licensee reinstates an individual’s revoked access authorization or a fitness-for-duty determination.
As we last reported on October 5, 2018, the NRC Staff appeared ready to recommend withdrawing a rulemaking on third-party arbitration of access authorization and fitness-for-duty determinations. On April 4, 2019, the NRC Staff formally made its recommendation in SECY-19-0033. In so doing, the NRC Staff “request[ed] Commission approval to discontinue the rulemaking activity, ‘Access Authorization and Fitness-for-Duty Determinations’,” which began nearly four years ago.
At the end of January, the US Nuclear Regulatory Commission (NRC) issued a complete rewrite of Inspection Manual Chapter (IMC) 1240 on unescorted access authorization for NRC employees and contractors. The most major change from the prior version is that the NRC will no longer issue letters to licensees requesting unescorted access for NRC employees.
The US Nuclear Regulatory Commission (NRC) staff is proposing to discontinue a rulemaking relating to third-party reviews of fitness-for-duty (FFD) and access authorization (AA) determinations.
The US Department of Homeland Security (DHS) recently confirmed that state-sponsored hackers successfully gained access to the control rooms of US electric utilities and likely had the ability to disrupt power flows. The Wall Street Journal report describes the activities as part of a long-running campaign targeting US utilities.
Court rules that the ADA does not create a loophole to NRC fitness-for-duty and security regulations.
On February 13, the US Nuclear Regulatory Commission (NRC) held a second public meeting regarding the role of third parties in reviewing and possibly reversing licensee access authorization and fitness-for-duty (FFD) determinations.