The U.S. Nuclear Regulatory Commission said Wednesday that it had granted pre-emption authority to nuclear facilities in New York and California to allow their security forces to carry certain firearms and related devises.
The ruling is in effect, “despite local, state or federal laws and regulations restricting their use,” the NRC said in a brief statement on the decision.
The ruling applies to Indian Point, James A. FitzPatrick, Nine Mile Point and the R.E. Ginna nuclear power plants in New York and the San Onofre and Diablo Canyon facilities in California. The ruling also applies to the dry cask spent fuel storage facilities associated with those plants.
The Energy Policy Act of 2005 gave the agency authority to permit security forces at NRC-licensed facilities to possess and use certain firearms, ammunition and large-capacity ammunition feeding devises while performing their official duties, the agency said.
This pre-emption authority became effective with the regulator's 2009 publication of guidelines on the use of firearms at facilities under their jurisdiction, which was approved by the Attorney General.