• Gap 4—Exclusion of reprocessing facilities from Category I 

Material Control & Accounting (MC&A) requirements

• Current exemption in 10 CFR 74.51 excludes 

reprocessing facilities from Category I MC&A requirements 

• A reprocessing facility is likely a Category I site

• Gap 8—Risk informing NRC’s Safeguards and Security 

Requirements 

• Current quantity-based categorization scheme in existing 

regulations (Parts 73 and 74) may not appropriately 

address different attributes and risk levels of nuclear 

materials handled at a reprocessing facility

Gap Summaries
• Gap 17—Diversion Path Analysis (DPA)

• DPA would provide an effective detection and response 

program to mitigate safeguards vulnerabilities and security 

system weaknesses

• Safeguards requirements would be more risk informed

• Gap 18—Improvements to Material Accounting Management

• Predefined limits on inventory difference determinations, 

frequency of inventory periods, and other accounting 

requirements could pose challenges for a reprocessing 

facility

Gap Summaries
• The Commission directed staff to remove this exemption via 

the ongoing Part 74 MC&A rulemaking (SRM-SECY-08-0059)

• The draft Part 74 rule is expected to be released for public 

comment in December 2011

• A preliminary copy of the rule text is on regulations.gov

NRC Proposed Position—Gap 4

Exclusions from Cat I MC&A
• The Commission approved staff’s development of revised 

categorization scheme (SRM-SECY-09-0123)

• Part 73 rulemaking should not focus on the categorization 

of material associated with reprocessing

• Separate effort/lower priority = Analysis of material 

categorization approach for potential reprocessing facility

• Staff currently developing technical/regulatory basis to 

support rulemaking

NRC Proposed Position—Gap 8

Risk Informing Parts 73 and 74
• The Commission directed staff to consider incorporating DPA 

into the reprocessing regulatory framework (SRM-SECY-08-

0059)

• The staff plan to add a requirement to conduct a diversion 

path analysis to the MC&A regulations for reprocessing

NRC Proposed Position—Gap 17

Diversion Path Analysis
• The staff are considering changes to inventory frequency, 

limits on inventory difference, limits on error measurements, 

and other material accounting aspects for a reprocessing 

facility

NRC Proposed Position—Gap 18

Improving Material 

Accounting Management
• Gaps 4, 17, and 18—Agreement with staff approaches to

• Make reprocessing facilities subject to Cat I regulations

• Require diversion path analysis

• Adjust material accounting limits

• Gap 8—Agreement with staff approach to revise material 

categorization; some stakeholders have stressed importance 

for treatment of MOX

Previous Stakeholder Input
• Gap 8—Revision of the material categorization approach for 

physical protection will drive decision on approach for MC&A 

• Gaps 4, 17, and 18—The removal of the exemption for 

reprocessing facilities under the current Cat I rules will place 

reprocessing facilities under Subpart E of Part 74

• If the Commission allows NRC to proceed with rulemaking 

for reprocessing, staff will add a new subpart to Part 74 

that will be similar to Subpart E but incorporate the 

changes necessary to regulate MC&A at a reprocessing 

facility, including resolutions to Gaps 17 and 18

• Changes resulting from Gap 8 would be included 

Gap Integration
• What problems, if any, are created by development of the 

regulatory basis for risk informing 10 CFR Parts 73 and 74 

separately from the regulatory basis for a potential rulemaking for 

licensing of reprocessing facilities?

• What should a diversion path analysis include?

• Which documents should NRC staff consider in developing the 

rule language and guidance for conducting a diversion path 

analysis?

• What specific challenges does the potential licensee community 

foresee in meeting the material accounting requirements for 

Category I facilities?

Questions for Stakeholders