Chapter DHS 157

DHS 157.9708(4)(c)1. 1. Evaluate an individual’s need to know the security plan, implementing procedures, or the list of individuals that have been approved for unescorted access.

DHS 157.9708(4)(c)2. 2. If the individual has not been authorized for unescorted access to category 1 or category 2 quantities of radioactive material, safeguards information, or safeguards information-modified handling, the licensee shall complete a background investigation to determine the individual’s trustworthiness and reliability. A trustworthiness and reliability determination shall be conducted by the reviewing official and shall include the background investigation elements contained in s. DHS 157.9702 (1) (a) 2. to 6. and (b).

DHS 157.9708(4)(d) (d) A licensee need not subject any of the following individuals to the background investigation elements for protection of information:

DHS 157.9708(4)(d)1. 1. The categories of individuals listed in s. DHS 157.9704 (1) (a) to (m).

DHS 157.9708(4)(d)2. 2. Employees of security service providers for whom written verification has been provided to the licensee by the security service provider that indicates the employee has been determined to be trustworthy and reliable based upon the background investigation elements contained in s. DHS 157.9702 (1) (a) 2. to 6. and (2).

DHS 157.9708(4)(e) (e) A licensee shall document the basis for concluding that an individual is trustworthy and reliable and should be granted access to the security plan, implementing procedures, or the list of individuals that have been approved for unescorted access.

DHS 157.9708(4)(f) (f) A licensee shall maintain a list of persons currently approved for access to the security plan, implementing procedures, or the list of individuals that have been approved for unescorted access. When a licensee determines that a person no longer needs access to the security plan, implementing procedures, or the list of individuals that have been approved for unescorted access, or no longer meets the access authorization requirements for access to the information, the licensee shall remove the person from the approved list as soon as possible, but no later than 7 working days, and take prompt measures to ensure that the individual cannot obtain the security plan, implementing procedures, or the list of individuals that have been approved for unescorted access.

DHS 157.9708(4)(g) (g) When not in use, a licensee shall store its security plan, implementing procedures, and the list of individuals that have been approved for unescorted access in a manner to prevent unauthorized access. Information stored in non-removable electronic form shall be password protected.

DHS 157.9708(4)(h) (h) A licensee shall retain all of the following as a record for 3 years after the document is no longer needed:

DHS 157.9708(4)(h)1. 1. A copy of the information protection procedures.

DHS 157.9708(4)(h)2. 2. The list of individuals approved for access to the security plan, implementing procedures, or the list of individuals that have been approved for unescorted access.

DHS 157.9708 History History: CR 16-078: cr. Register January 2018 No. 745, eff. 2-1-18; renumbered from DHS 157.108 under s. 13.92 (4) (b) 1., Stats., correction in (1) (a), (4) (c) 2., (d) 1., 2. made under s. 13.92 (4) (b) 7., Stats., and correction in (4) (d) 2. made under s. 35.17, Stats., Register January 2018 No. 745; CR 22-015: am. (4) (b), (c) (intro.), 1., (e) to (g), (h) 2. Register June 2023 No. 810, eff. 7-1-23.

DHS 157.9709 DHS 157.9709 LLEA coordination.

DHS 157.9709(1) (1) A licensee subject to this subchapter shall coordinate, to the extent practicable, with an LLEA for responding to threats to a licensee’s facility, including any necessary armed response. The information provided to the LLEA shall include all the following:

DHS 157.9709(1)(a) (a) A description of the facilities and the category 1 and category 2 quantities of radioactive materials along with a description of the security measures that have been implemented by the licensee to comply with this subchapter.

DHS 157.9709(1)(b) (b) A notification that the licensee will request a timely armed response by the LLEA to any actual or attempted theft, sabotage, or diversion of category 1 or category 2 quantities of material.

DHS 157.9709(2) (2) A licensee shall notify the department within 3 business days if any of the following occur:

DHS 157.9709(2)(a) (a) The LLEA has not responded to the request for coordination within 60 days of the coordination request.

DHS 157.9709(2)(b) (b) The LLEA notifies the licensee that the LLEA does not plan to participate in coordination activities.

DHS 157.9709(3) (3) A licensee shall document its efforts to coordinate with the LLEA. The documentation shall be kept for 3 years.

DHS 157.9709(4) (4) A licensee shall coordinate with the LLEA at least every 12 months, or when changes to the facility design or operation adversely affect the licensee’s potential vulnerability to theft, sabotage, or diversion of its material.

DHS 157.9709 History History: CR 16-078: cr. Register January 2018 No. 745, eff. 2-1-18; renumbered from DHS 157.109 under s. 13.92 (4) (b) 1., Stats., Register January 2018 No. 745.

DHS 157.9710 DHS 157.9710 Security zones.

DHS 157.9710(1) (1) A licensee shall ensure that all category 1 and category 2 quantities of radioactive material are used or stored within licensee established security zones. Security zones may be permanent or temporary.

DHS 157.9710(2) (2) Temporary security zones shall be established as necessary to meet a licensee’s transitory or intermittent business activities, such as periods of maintenance, source delivery, and source replacement.

DHS 157.9710(3) (3) Unescorted access to security zones shall only be permitted to approved individuals through the following conditions, or combinations of conditions:

DHS 157.9710(3)(a) (a) Category 1 and category 2 quantities of radioactive materials are isolated by the use of continuous physical barriers that allow access to the security zone only through established access control points. A physical barrier is a natural or man-made structure or formation sufficient for the isolation of the category 1 or category 2 quantities of radioactive material within a security zone.

DHS 157.9710(3)(b) (b) The security zone is directly controlled by approved individuals at all times.

DHS 157.9710(4) (4) For category 1 quantities of radioactive material during periods of maintenance, source receipt, preparation for shipment, installation, or source removal or exchange, a licensee shall, at a minimum, provide sufficient numbers of individuals approved for unescorted access to maintain continuous surveillance of sources in temporary security zones and in any security zone in which physical barriers or intrusion detection systems have been disabled to allow such activities.

DHS 157.9710(5) (5) Individuals not approved for unescorted access to category 1 or category 2 quantities of radioactive material shall be escorted by an approved individual when in a security zone.

DHS 157.9710 History History: CR 16-078: cr. Register January 2018 No. 745, eff. 2-1-18; renumbered from DHS 157.110 under s. 13.92 (4) (b) 1., Stats., Register January 2018 No. 745.

DHS 157.9711 DHS 157.9711 Monitoring, detection, assessment, communication, and response.

DHS 157.9711(1) (1) Monitoring and Detection.

DHS 157.9711(1)(a) (a) A licensee shall establish and maintain the capability to continuously monitor and immediately detect all unauthorized entries into its security zones. A licensee shall provide the means to maintain continuous monitoring and detection capability if the primary power source is lost, or provide for an alarm and response if this capability to continuously monitor and immediately detect unauthorized entries is lost.

DHS 157.9711(1)(b) (b) Monitoring and detection shall be performed by at least one of the following:

DHS 157.9711(1)(b)1. 1. A monitored intrusion detection system that is linked to an onsite or offsite central monitoring facility.

DHS 157.9711(1)(b)2. 2. Electronic devices for intrusion detection alarms that will alert nearby facility personnel.

DHS 157.9711(1)(b)3. 3. A monitored video surveillance system.

DHS 157.9711(1)(b)4. 4. Direct visual surveillance by approved individuals located within the security zone.

DHS 157.9711(1)(b)5. 5. Direct visual surveillance by a licensee designated individual located outside the security zone.

DHS 157.9711(1)(c) (c) A licensee subject to this subchapter shall detect unauthorized removal of the radioactive material from the security zone by establishing and maintaining the following capabilities:

DHS 157.9711(1)(c)1. 1. For category 1 quantities of radioactive material, immediate detection of any attempted unauthorized removal of the radioactive material from the security zone. Immediate detection capability shall be provided by any of the following:

DHS 157.9711(1)(c)1.a. a. Electronic sensors linked to an alarm.

DHS 157.9711(1)(c)1.b. b. Continuous monitored video surveillance.

DHS 157.9711(1)(c)1.c. c. Direct visual surveillance.

DHS 157.9711(1)(c)2. 2. For category 2 quantities of radioactive material, weekly verification through physical checks, tamper indicating devices, use, or other means to ensure that the radioactive material is present.

DHS 157.9711(2) (2) Assessment of actual or attempted unauthorized entry. A licensee shall immediately assess each actual or attempted unauthorized entry into the security zone to determine whether the unauthorized access was an actual or attempted theft, sabotage, or diversion.

DHS 157.9711(3) (3) Personnel communications and data transmission. For personnel and automated or electronic systems supporting a licensee’s monitoring, detection, and assessment systems, a licensee shall comply with all of the following:

DHS 157.9711(3)(a) (a) Maintain continuous communication capability for personnel and electronic data transmission and processing capability among site security systems.

DHS 157.9711(3)(b) (b) Provide an alternative communication capability for personnel, and an alternative data transmission and processing capability if the primary means of communication or data transmission and processing is lost. Alternative communications and data transmission systems shall not be subject to the same failure modes as the primary systems.

DHS 157.9711(4) (4) Response to actual or attempted unauthorized access, theft, sabotage, or diversion. A licensee shall immediately respond to any actual or attempted unauthorized access to the security zones, or actual or attempted theft, sabotage, or diversion of category 1 or category 2 quantities of radioactive material at licensee facilities or temporary job sites. For any unauthorized access involving an actual or attempted theft, sabotage, or diversion of category 1 or category 2 quantities of radioactive material, a licensee’s response shall include immediately requesting an armed response from the LLEA.

DHS 157.9711 History History: CR 16-078: cr. Register January 2018 No. 745, eff. 2-1-18; renumbered from DHS 157.111 under s. 13.92 (4) (b) 1., Stats., Register January 2018 No. 745.

DHS 157.9712 DHS 157.9712 Maintenance and testing.

DHS 157.9712(1) (1) Any licensee subject to this subchapter shall implement a maintenance and testing program to ensure that intrusion alarms, associated communication systems, and other physical components of the systems used to secure or detect unauthorized access to radioactive material are maintained in operable condition and are capable of performing their intended function when needed. The equipment relied on to meet the security requirements of this subchapter shall be inspected and tested for operability and performance at the frequency suggested by the manufacturer. If there is no suggested frequency by the manufacturer, testing shall be performed, at a minimum, every 12 months.

DHS 157.9712(2) (2) A licensee shall maintain records documenting maintenance and testing activities for 3 years.

DHS 157.9712 History History: CR 16-078: cr. Register January 2018 No. 745, eff. 2-1-18; renumbered from DHS 157.112 under s. 13.92 (4) (b) 1., Stats., Register January 2018 No. 745.

DHS 157.9713 DHS 157.9713 Requirements for mobile devices. Any licensee that possesses mobile devices containing category 1 or category 2 quantities of radioactive material shall comply with all the following:

DHS 157.9713(1) (1) Have 2 independent physical controls, forming tangible barriers that secure the material from unauthorized removal when the mobile device is not under direct control and constant surveillance by the licensee.

DHS 157.9713(2) (2) For a mobile device in or on a vehicle or trailer, unless the health and safety requirements for a site prohibit the disabling of the vehicle, a licensee shall use a method to disable the vehicle or trailer when not under direct control and constant surveillance by the licensee. A licensee shall not rely on the removal of an ignition key to meet this requirement.

DHS 157.9713 History History: CR 16-078: cr. Register January 2018 No. 745, eff. 2-1-18; renumbered from DHS 157.113 and DHS 157.9713 (intro.), (1), (2) renumbered from DHS 157.113 (1) (intro.), (a), (b) under s. 13.92 (4) (b) 1., Stats., Register January 2018 No. 745.

DHS 157.9714 DHS 157.9714 Security program review.

DHS 157.9714(1) (1) Each licensee shall be responsible for the continuing effectiveness of the security program. Each licensee shall review the security program to confirm compliance with the requirements of this subchapter and to ensure that comprehensive actions are taken to correct any noncompliance. The licensee shall review the radioactive material security program content and implementation periodically, and at least annually, at intervals not to exceed 13 months.

DHS 157.9714(2) (2) The licensee shall document the results of the review, along with any recommendations, identify conditions that are adverse to the proper performance of the security program, the cause of the condition, and, when appropriate, recommend corrective actions, and corrective actions taken. A licensee shall review the results of the review and take any additional corrective actions necessary to preclude repetition of adverse conditions, including further review.

DHS 157.9714(3) (3) A licensee shall maintain the review documentation for 3 years.

DHS 157.9714 History History: CR 16-078: cr. Register January 2018 No. 745, eff. 2-1-18; renumbered from DHS 157.114 under s. 13.92 (4) (b) 1., Stats., Register January 2018 No. 745; CR 22-015: am. (1) Register June 2023 No. 810, eff. 9-1-23.

DHS 157.9715 DHS 157.9715 Reporting events.

DHS 157.9715(1) (1) A licensee shall immediately notify the LLEA after determining that an unauthorized entry resulted in an actual or attempted theft, sabotage, or diversion of a category 1 or category 2 quantity of radioactive material. A licensee shall notify the department by telephone as soon as possible after initiating a response, but not at the expense of causing delay or interfering with the LLEA response to the event. In no case shall the notification to the department be later than 4 hours after the discovery of any attempted or actual theft, sabotage, or diversion.

DHS 157.9715(2) (2) A licensee shall assess any suspicious activity related to possible theft, sabotage, or diversion of category 1 or category 2 quantities of radioactive material and notify the LLEA as appropriate. A licensee shall notify the department by telephone as soon as possible but not later than 4 hours after notifying the LLEA.

DHS 157.9715(3) (3) Within 30 days of the initial notification by phone required in subs. (1) and (2), the licensee shall also submit a written report to the department. The written report shall include sufficient information for department analysis and evaluation, including identification of any necessary corrective actions to prevent future instances.

DHS 157.9715 Note Note: The department may be contacted at: Department of Health Services, Radiation Protection Section, P.O. Box 2659, Madison, WI, 53701-2659. Telephone contact is: 608-267-4797 during normal business hours or 608-258-0099 after hours.

DHS 157.9715 History History: CR 16-078: cr. Register January 2018 No. 745, eff. 2-1-18; renumbered from DHS 157.115 under s. 13.92 (4) (b) 1., Stats., Register January 2018 No. 745.

DHS 157.9716 DHS 157.9716 Additional requirements for transfer of category 1 and category 2 quantities of radioactive material. A licensee transferring a category 1 or category 2 quantity of radioactive material to a licensee of the department, the NRC, or another agreement state shall meet all of the following license verification provisions instead of those listed in s. DHS 157.13 (15) (d):

DHS 157.9716(1) (1) Before transferring a category 1 quantity of radioactive material, the licensee making the transfer shall verify with the NRC’s license verification system or the license issuing authority that the transferee’s license authorizes the receipt of the type, form, and quantity of radioactive material to be transferred and that the transferee is authorized to receive radioactive material at the location requested for delivery. If the verification is conducted by contacting the license issuing authority, the licensee making the transfer shall document the verification. Verification is not needed for transfers within the same organization.

DHS 157.9716(2) (2) Before transferring a category 2 quantity of radioactive material, the licensee making the transfer shall verify with the NRC’s license verification system or the license issuing authority that the transferee’s license authorizes the receipt of the type, form, and quantity of radioactive material to be transferred. If the verification is conducted by contacting the license issuing authority, the transferor shall document the verification. Verification is not needed for transfers within the same organization.

DHS 157.9716(3) (3) In an emergency where a licensee making the transfer cannot reach the license issuing authority and the license verification system is nonfunctional, a licensee may accept a written certification by the transferee that it is authorized by license to receive the type, form, and quantity of radioactive material to be transferred. The certification shall include the transferee’s license number, current revision number, issuing agency, expiration date, and for a category 1 shipment, the authorized address. The licensee making the transfer shall keep a copy of the certification and shall confirm the certification through the NRC’s license verification system or by contacting the license issuing authority by the end of the next business day.

DHS 157.9716(4) (4) The licensee transferring the radioactive material shall keep a copy of the verification documentation as a record for 3 years.

DHS 157.9716 History History: CR 16-078: cr. Register January 2018 No. 745, eff. 2-1-18; renumbered from DHS 157.116 under s. 13.92 (4) (b) 1., Stats., Register January 2018 No. 745.

DHS 157.9717 DHS 157.9717 Transit.

DHS 157.9717(1) (1) For shipments of category 1 quantities of radioactive material, each shipping licensee shall comply with the requirements for physical protection contained in ss. DHS 157.9718 (1) and (5), 157.9719, 157.9720 (1) (a), (2) (a), and (3), and 157.9721 (1), (3), (5), (7), and (8).

DHS 157.9717(2) (2) For shipments of category 2 quantities of radioactive material, each shipping licensee shall comply with the requirements for physical protection contained in ss. DHS 157.9718 (2) to (5), 157.9720 (1) (b) and (c), (2) (b), and (3), and 157.9721 (2), (4), and (6) to (8). For those shipments of category 2 quantities of radioactive material that meet the criteria of s. DHS 157.94 (5) (b), the shipping licensee shall also comply with the advance notification provisions of s. DHS 157.94 (5).

DHS 157.9717(3) (3) The shipping licensee shall be responsible for meeting the requirements of this subchapter unless the receiving licensee has agreed in writing to implement the physical protection requirements under this subchapter for materials in transit.

DHS 157.9717 History History: CR 16-078: cr. Register January 2018 No. 745, eff. 2-1-18; renumbered from DHS 157.117 under s. 13.92 (4) (b) 1., Stats., correction in (1), (2) made under s. 13.92 (4) (b) 7., Stats., and correction in (1), (2) made under s. 35.17, Stats., Register January 2018 No. 745.

DHS 157.9718 DHS 157.9718 Preplanning and coordination of shipments.

DHS 157.9718(1) (1) Any licensee that plans to transport, or deliver to a carrier for transport, licensed material that is a category 1 quantity of radioactive material outside the confines of the licensee’s facility or other place of use or storage shall complete all of the following:

DHS 157.9718(1)(a) (a) Preplan and coordinate shipment arrival and departure times with the receiving licensee.

DHS 157.9718(1)(b) (b) Preplan and coordinate shipment information with the governor or the governor’s designee of any state through which the shipment will pass to discuss the state’s intention to provide law enforcement escorts and identify safe havens.

DHS 157.9718(1)(c) (c) Document the preplanning and coordination activities.

DHS 157.9718(2) (2) Any licensee that plans to transport, or deliver to a carrier for transport, licensed material that is a category 2 quantity of radioactive material outside the confines of the licensee’s facility or other place of use or storage shall coordinate the shipment no-later-than arrival time and the expected shipment arrival with the receiving licensee. A licensee shall document the coordination activities.

DHS 157.9718(3) (3) Any licensee who receives a shipment of a category 2 quantity of radioactive material shall confirm receipt of the shipment with the originator. If the shipment has not arrived by the no-later-than arrival time, the receiving licensee shall notify the originator.