Discrepancies in Nuclear Facility Security Requirements Criticized
By Rob Margetta, CQ Staff
http://public.cq.com/docs/hs/hsnews110-000002592730.html

Although both government nuclear weapon facilities and commercial reactor
sites can store weapons-grade material, the two agencies that regulate them
have different security requirements, a fact criticized in a recent
Government Accountability Office letter.

According to the letter, the Department of Energy, which is responsible for
oversight of the military nuclear stockpile, has better developed tools for
security preparedness than the Nuclear Regulatory Commission, which oversees
commercial sites including power plants and research reactors. Energy also
has legal authority to acquire heavier defensive weaponry.

"A successful attack on a facility with Category I special nuclear material
could have unacceptable human, economic and symbolic consequences," said the
letter addressed to Connecticut Rep. Christopher Shays, the ranking
Republican on the House Oversight and Government Reform's national security
subcommittee. "Consequently, we believe that, regardless of locations, there
should not be differences in the protection of Category I special nuclear
material."

GAO wrote that Energy Department and NRC licensees "often deal with the same
types of Category I material," and notes separately that such material "can
be used to construct an improvised nuclear device capable of producing a
nuclear explosion."

The letter notes that security at both NRC- and Energy-licensed facilities
have improved since Sept. 11, 2001, but suggests the two agencies need to
develop a common threat assessment document to identify the size and
capability of terrorist threats to nuclear materials, called a design basis
threat (DBT). 

The NRC developed its assessment "to be within the range of what it has
determined are the limitations that a private guard force can reasonably be
expected to defend against," the letter said. "Specifically, NRC believes
that the defense against threats not contained in the assessment is the
responsibility of the federal government, in conjunction with state and
local governments."

The NRC and Energy's National Nuclear Security Administration, disagree with
the GAO's recommendation for a common threat assessment document, the letter
said. The GAO first made the recommendation in a February report, which is
classified.

The NRC based its recommendation on the fact that sites overseen by it and
the Energy Department are different types of facilities. "The NRC does agree
in part with the GAO's conclusions, but we disagree that a common DBT should
be developed," spokeswoman Holly Harrington said. 

Instead of a common document, the NRC wants threat assessments that take
into account the type, purpose and quantity of material stored at a site,
Harrington said.

According to the letter, the recommendations in GAO's classified February
report also included having NRC expedite its efforts to ensure that security
at its licensed site have the same legal authority as Energy facilities to
use deadly force and carry heavier weapons, such as automatic weapons. The
NRC expects those new regulations to go into effect in a year or two.

Another recommendation involved Energy and NRC cooperating in establishing
computer modeling capabilities and force-on-force performance testing to
assess security and find vulnerabilities.

Rob Margetta can be reached at [EMAIL PROTECTED]

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