COMSECY-03-0036, SRM-COMSECY-03-0036 - Update on Withholding from Public Disclosure of Sensitive, Unclassified Information Related to Power Reactors

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SRM-COMSECY-03-0036 - Update on Withholding from Public Disclosure of Sensitive, Unclassified Information Related to Power Reactors
ML041280489
Person / Time
Issue date: 05/07/2004
From: Annette Vietti-Cook
NRC/SECY
To: Travers W
NRC/EDO
References
COMSECY-03-0036 SRM-COMSECY-03-0036
Download: ML041280489 (1)


Text

May 7, 2004 MEMORANDUM TO: William D. Travers Executive Director for Operations FROM: Annette L. Vietti-Cook, Secretary /RA/

SUBJECT:

STAFF REQUIREMENTS - COMSECY-03-0036 - UPDATE ON THE WITHHOLDING FROM PUBLIC DISCLOSURE OF SENSITIVE, UNCLASSIFIED INFORMATION RELATED TO POWER REACTORS The Commission has disapproved the proposed clarifying guidance. The staff should revise it and resubmit it so as to reflect recent developments and the Commissions reconsideration of the criteria that guide withholding all NRC sensitive, unclassified information, including information relating to nuclear power facilities and Category I fuel cycle facilities. Specifically, the staff should revise the generally applicable NRC sensitive information withholding criteria, which were previously set out in COMSECY-02-0015 and the pending proposed clarifying guidance for nuclear power plant licensees, by employing a could be useful or could reasonably be expected to be useful standard in place of the would clearly and clear and significant terminology. In addition, the proposed clarifying guidance needs to be modified to be consistent with the Interim Rule on Procedures for Handling Critical Infrastructure Information published by the Department of Homeland Security (DHS) on February 20, 2004 (69 Fed. Reg. 8074). The staff should also consider whether its proposed clarifying guidance should be further modified or supplemented in light of experience in applying the withholding criteria since the development of the proposed guidance.

In modifying the generally applicable NRC sensitive information withholding criteria (previously formulated in COMSECY-02-0015), staff should consider how these modified criteria and any associated clarifying guidance should be transmitted to all NRC staff. The proposed transmittal to staff should be designed to provide assurance that past occurrences of inappropriate release of information in ADAMS are not repeated.

cc: Chairman Diaz Commissioner McGaffigan Commissioner Merrifield OGC CFO OCA OPA