1. INTRODUCTION This chapter discusses the regulatory authority for the U.S. Nuclear Regulatory Commission (NRC) requirements for physical protection of and access to spent nuclear fuel (SNF) shipments. The chapter also includes definitions of terms used in this guidance and a discussion of the organization of this NUREG. 1.1. Regulatory Authority The guidance in this NUREG pertains to the physical protection of irradiated reactor fuel during transportation and to background investigations of individuals granted unescorted access to irradiated reactor fuel during transportation, as required by U.S. Nuclear Regulatory Commission (NRC) regulations in Title 10 of the Code of Federal Regulations (10 CFR) 73.37, “Requirements for Physical Protection of Irradiated Reactor Fuel in Transit,” and 10 CFR 73.38, “Personnel Access Authorization Requirements for Irradiated Reactor Fuel in Transit.” The requirements of 10 CFR 73.37 apply to each licensee who transports, or delivers to a carrier for transport, in a single shipment, a quantity of irradiated reactor fuel in excess of 100 grams (0.22 lbs) in net weight of irradiated fuel, exclusive of cladding or other structural or packaging material, which has a total external radiation dose rate in excess of 1 Gy (100 rad) per hour at a distance of 1 meter (3.3 feet) from any accessible surface without intervening shielding. For the purposes of 10 CFR 73.37, 10 CFR 73.38, and this NUREG, the terms “irradiated reactor fuel” and “spent nuclear fuel” are considered synonymous and are used interchangeably. In addition, references to “the staff” in this NUREG means the NRC staff, unless otherwise noted. These regulations apply to SNF from either power or nonpower reactors that is contained in a domestic shipment or the domestic portions of import or export shipments (i.e., while the shipment is within U.S. territory or U.S. territorial waters). The 100 gram threshold quantity is intended to apply to the combination of uranium and plutonium compounds and associated fission products generated during irradiation. The weight of the fuel cladding or other structural or packaging material associated with the fuel should not be included in determining whether the quantity of SNF in the given shipment needs to be protected under the requirements of 10 CFR 73.37. The objective of the physical protection system for shipments of such material is to minimize the potential for theft, diversion, or radiological sabotage of SNF shipments and to facilitate the location and recovery of SNF shipments that may have come under the control of unauthorized individuals. The NRC is cognizant that radiological sabotage could result in economic consequences and social disruptions. The staff believes these impacts will be minimized if the security requirements in 10 CFR Part 73 are effectively implemented. As noted in the Final Rule, the Commission did not change the definition of radiological sabotage in 10 CFR 73.2. The term radiological sabotage as used in this guidance document has the same meaning as the definition in 10 CFR 73.2. The licensee shall establish a physical protection system for SNF in transit that includes armed escorts and a movement control center staffed and equipped to monitor and control shipments, communicate with local law enforcement authorities (LLEA), and respond to normal conditions
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