[Code of Federal Regulations]

[Title 10, Volume 2]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 10CFR73.20]



[Page 402-403]

 

                            TITLE 10--ENERGY

 

          CHAPTER I--NUCLEAR REGULATORY COMMISSION (CONTINUED)

 

PART 73_PHYSICAL PROTECTION OF PLANTS AND MATERIALS--Table of Contents

 

Sec. 73.20  General performance objective and requirements.



    (a) In addition to any other requirements of this part, each 

licensee who is authorized to operate a fuel reprocessing plant pursuant 

to part 50 of this chapter; possesses or uses formula quantities of 

strategic special nuclear material at any site or contiguous sites 

subject to control by the licensee; is authorized to transport or 

deliver to a carrier for transportation pursuant to part 70 of this 

chapter formula quantities of strategic special nuclear material; takes 

delivery of formula quantities of strategic special nuclear material 

free on board (f.o.b.) the point at which it is delivered to a carrier 

for transportation; or imports or exports formula quantities of 

strategic special nuclear material, shall establish and maintain or make 

arrangements for a physical protection system which will have as its 

objective to provide high assurance that activities involving special 

nuclear material are not inimical to the common defense and security, 

and do not constitute an unreasonable risk to the public health and 

safety. The physical protection system shall be designed to protect 

against the design basis threats of theft or diversion of strategic 

special nuclear material and radiological sabotage as stated in Sec. 

73.1(a).

    (b) To achieve the general performance objective of paragraph (a) of 

this section a licensee shall establish and maintain, or arrange for, a 

physical protection system that:



[[Page 403]]



    (1) Provides the performance capabilities described in Sec. 73.25 

for in-transit protection or in Sec. 73.45 for fixed site protection 

unless otherwise authorized by the Commission;

    (2) Is designed with sufficient redundancy and diversity to ensure 

maintenance of the capabilities described in Sec. Sec. 73.25 and 73.45;

    (3) Includes a safeguards contingency capability that can meet the 

criteria in appendix C to this part ``Licensee Safeguards Contingency 

Plans;'' and

    (4) Includes a testing and maintenance program to assure control 

over all activities and devices affecting the effectiveness, 

reliability, and availability of the physical protection system, 

including a demonstration that any defects of such activities and 

devices will be promptly detected and corrected for the total period of 

time they are required as a part of the physical protection system.

    (c) Each licensee subject to the requirements of paragraphs (a) and 

(b) of this section shall establish, maintain, and follow NRC-approved 

safeguards physical protection and safeguards contingency plans that 

describe how the licensee will comply with the requirements of 

paragraphs (a) and (b) of this section.



[44 FR 68188, Nov. 28, 1979, as amended at 57 FR 33430, July 29, 1992]