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Security Orders and Requirements

The NRC issues security orders to require licensees to implement interim security measures beyond that currently required by NRC regulations and as conditions of licenses.  Orders can be used to modify, suspend, or revoke licenses or require specific actions by licensees or other persons.  Orders can also be used to impose civil penalties.

On this page

• Authority and Basis
  • Public Health and Safety
  • Common Defense and Security
• Oversight and Inspection
• Increased Controls
  • Types of Licensees Who Could Receive Increased Controls
  • Increased Control Requirements
  • Fingerprinting
• Other Security Orders
  • Types of Licensees Who Could Receive Orders
  • The Orders

Authority and Basis

The Commission's order issuing authority under Section 161 of the Atomic Energy Act of 1954 is broad and extends to any area of licensed activity that the Commission deems necessary to promote the common defense and security or to protect health or to minimize danger to life or property.

The NRC has issued, and continues to issue, security Orders under two bases: public health and safety and common defense and security. However, a licensee is obligated to comply with the content of any Order to which it is subject, regardless of the basis under which it is issued.

Public Health and Safety

When an Order or other regulatory action is issued under the basis of public health and safety, an Agreement State Radiation Control Program issues legally binding requirements to its licensees, consistent with the order. The Agreement State retains primary authority to regulate, inspect, and take enforcement actions against licensees within its respective jurisdiction.

Common Defense and Security

Conversely, when an Order is issued under common defense and security, the NRC maintains regulatory authority over the specific requirements in the Order, even if the Order is issued to an Agreement State licensee.  However, an Agreement State can enter into an agreement with the NRC pursuant to Section 274(i) of the Atomic Energy Act of 1954, as amended, to inspect against common defense and security Orders or other regulations on behalf of the NRC.

Oversight and Inspection

The NRC and its State partners oversee the activities of their licensees through the processes of inspection and enforcement.  Certain requirements found in the Orders formalize a series of security measures that licensees took in response to advisories NRC issued in the aftermath of the September 11 terrorist attacks.  Other requirements reflect additional security enhancements that have emerged from NRC's ongoing comprehensive security review.

Increased Controls

The NRC has issued "Orders Imposing Increased Controls" for licensees that posses sources containing radioactive material quantities of concern. These orders contained requirements based on the IAEA Code of Conduct and were issued to applicable material licensees under the NRC's public health and safety authority.  In conjunction, the Agreement States issued these requirements to applicable licensees within their regulatory jurisdictions. 

The implementation of theses Orders are overseen by the Implementation of Increased Controls Working Group (IICWG) made up of NRC and Agreement State representatives.

Types of Licensees Who Could Receive Increased Controls

• Industrial Licensees
• Academic and Research Licensees
• Medical Licensees

Increased Control Requirements

• Radionuclides of Concern (Table 1)

• Order Imposing Increased Controls (EA-05-090)
• Increased Controls Requirements
• Implementing Guidance and Questions and Answers
• Supplemental Questions and Answers - IC

• Order Imposing Fingerprinting (IC) (EA-07-305)
• Fingerprinting Questions and Answers
• Supplemental Questions and Answers - Fingerprinting
  
  
• Fingerprinting Workshop Slide Presentation

Other Security Orders

The NRC has also issued several security Orders under its common defense and security authority.  These Orders were issued to both NRC and Agreement State materials licensees who are authorized posses, transport, and or distribute significant quantities of certain radioactive materials.

Types of Licensees Who Could Receive Orders

• Irradiators
• Manufacturers and Distributors

The Orders

• Panoramic and Underwater Irradiators*
• Manufacturers and Distributors*
• Shipment of Radioactive Materials Quantities of Concern (RAMQC)*
• Fingerprinting requirements for access to Safeguards Information
• Fingerprinting requirements for access to radioactive material
  • For Irradiators
  • For Manufacturers and Distributors
  • For RAMQC Licensees

*Specific sections of this order are SENSITVE or SAFEGUARDS INFORMATION; therefore, these sections are not publicly available.

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Monday, February 25, 2008