ML20133L379

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Submits NRC Rept on Nondisclosure of Safeguards Info for Quarter Beginning 960701 & Extending Through 960930,as Required by Section 147 of AEA of 1954,as Amended.Rept Describes Three Occasions When NRC Withheld Info
ML20133L379
Person / Time
Issue date: 12/03/1996
From: Rathbun D
NRC OFFICE OF CONGRESSIONAL AFFAIRS (OCA)
To: Faircloth L, Schaefer D
HOUSE OF REP., SENATE, ENVIRONMENT & PUBLIC WORKS
References
CCS, NUDOCS 9701220005
Download: ML20133L379 (7)


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UNITSD STATES

' ['B - NUCLEAR REGULATORY COMMISSION wasswoTow, p.c. sensaan

      • ,* December 3, 1996 i

i The Honorable Lauch Faircloth Chaiz1aan, Subcommittee on Clean Air, Wetlands, )

Private Property and Nuclear Safety Committee on Environment and Public Works i United States Senate Washington, DC 20510 i

Dear Mr. Chairman:

1 I am submitting the U.S. Nuclear Regulatory Commission's ,

1 report on the nondisclosure of safeguards information for the j I

quarter beginning July 1, 1996, and extending through 4 September 30, 1996, as required by Section 147 of the Atomic Energy Act of 1954, as amended. The report describes three occasions during this period when the NRC withheld from public disclosure safeguards information concerning security at nuclear facilities.  ;

Sincerely, l

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Dennis K. Rathbun, Director office of Congressional Affairs

Enclosure:

As stated cc: Senator Bob Graham

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%, . . . . . / December 3, 1996 The Honorable Dan Schaefer Chairman, Subcommittee on Energy and Power Committee on Commerce United States House of Representatives Washington, DC 20515

Dear Mr. Chairman:

I am submitting the U.S. Nuclear Regulatory Commission's report on the nondisclosure of safeguards information for the quarter beginning July 1, 1996, and extending through September 30, 1996, as required by Section 147 of the Atomic Energy Act of 1954, as amended. The report describes three occasions during this period when the NRC withheld from public disclosure safeguards information concerning security at nuclear facilities.

Sincerely,

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Dennis K. Rathbun, Director Office of Congressional Affairs Enclosusre: As stated cc: Representative Frank Pallone

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NUCLEAR REGULATORY COMMISSION QUARTERLY REPORT ON NONDISCLOSURE OF SAFEGUARDS INFORMATION Section 147 of the Atomic Energy Act of 1954, as amended, prohibits the unauthorized disclosure of specific types of eafeguards information. This section also directs the Nuclear Regulatory Commission to prescribe such regulations as necessary to prohibit the unauthorized disclosure of safeguards information. NRC's regulations implementing Section 147 were published in the Federal Reaister on October 22, 1981 (46 FR 51718).

Section 147 also requires that the NRC report each quarter of the calendar year any Commission application for that quarter of a regulation or an order prescribed or issued under this section.

To comply with this requirement of Section 147, the NRC reports that the following safeguards information was withheld from disclosure under three Freedom of Information Act requests during the third quarter, July 1 through September 30, 1996.

Type of Information Withheld On two occasions, the NRC withheld from public disclosure the l locations of intrusion-detection devices and alarm assessment equipment, and the size and armament of on-site reserve forces at a nuclear power plant. l Unauthorized Disclosure Could Have Adverse Imoact The public disclosure of this type of information could significantly increase the probability of unauthorized entry into ,

the plant, and the information could be of considerable value to  !

I a potential saboteur in considering or planning a sabotage attempt.

Assurance That Only the Minimum Amount of Information Was Withheld The withholding of this type of safeguards information does not deny the public basic information concerning the level of protection afforded material at facilities. A line-by-line review of the documents was conducted to ensure that only the minimum amount of information was withheld.

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i Type of Information Withheld On one occasion, the NRC withheld from public disclosure revisions and related records to the composite physical plan at a facility.

Unauthorized Disclosure Could Have Adverse Imoact f

The public disclosure of this type of information could significantly increase the probability of unauthorized entry into the site, and the information could be of considerable value to a potential saboteur in considering or planning a sabotage attempt.

Assurance That only the Minimum Amount of Information Was ,

Withheld a

The withholding of this type of safeguards information does not deny the public basic information concerning the level of protection afforded material at facilities. The NRC denied the revisions to the composite physical security plan in their entirety. A line-by-line review of the remaining documents was i conducted to ensure that only the minimum amount of information

was withheld.

Attachment:

Specific Types of Information Protected from Unauthorized Disclosure j l

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i 9 SPECIFIC TYPES OF INFORMATION PROTECTED FROM UNAUTHORIZED DISCLOSURE

1. Physical Protection at Fixed Sites Information not otherwise classified as Restricted Data or National Security Information relating to the protection of facilities that process formula quantities of strategic special nuclear material at power reactors.

Specifically:

(i) The composite physical security plan for the nuclear facility or site.

I (ii) Site-specific drawings, diagrams, sketches, or maps that substantially represent the final design 4 features of the physical protection system.

(iii) Details of alarm system layouts showing location of intrusion-detection devices, alarm assessment .

equipment, alarm system wiring, emergency power l sources, and duress alarms.

(iv) Written physical security orders and procedures for members of the security organization, duress codes, and patrol schedules.

(v) Details of the onsite and offsite communications systems that are used for security purposes.

(vi) Lock combinations and mechanical key design.

(vii) Documents and other matter that contain lists or locations of certain safety-related equipment explicitly identified in the documents as vital for purposes of physical protection, as contained in physical security plans, safeguards contingency plans, or plant-specific safeguards analyses for production or utilization facilities.

(viii) The composite safeguards contingency plan for the facility or site.

(ix) Those portions of the facility guard c,ualification and training plan which disclose features of the physical security system or response procedures.

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(x) Response plans to specific threats detailing size, disposition, response time, and armament of responding forces.

(xi) Size, armament, and disposition of onsite reserve forces.

(xii) Size, identity, armament, and arrival times of offsite forces committed to respond to safeguards emergencies.

(xiii) Information required by the commission pursuant to 10 CFR 73.55 (c) (8) and (9).

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2. Physical Protection in Transit Information not otherwise classified as - Restricted Data or  !

National Security Information relative to the protection of i shipments of formula quantities of strategic special nuclear l

material and spent fuel.

Specifically:

(i) The composite transportation physical security plan.

(ii) Schedules and itineraries for specific shipments.

(Routes and quantities for shipments of spent fuel are not withheld from public disclosure. Schedules 3

for spent fuel shipments may be released 10 days i after the last shipment of a current series.) 1 (iii) Details of vehicle immobilization features, intrusion alarm devices, and communication systems.

(iv) Arrangements with and capabilities of local police response forces, and locations of safe havens.

(v) Details regarding limitations of radio-telephone communications.

(vi) Procedures for response to safeguards emergencies.

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3. Insoections, Audits, and Evaluations

-Information not otherwise classified as Restricted Data or National Security Information relating to safeguards inspection and reports. ,

Specifically:

Portions of safeguards inspection reports, evaluations, audits, or investigations that contain details of a licensee's or applicant's physical security system.or that disclose uncorrected defects, weaknesses, or vulnerabilities in the system. Information regarding defects, weaknesses, or vulnerabilities may be released after corrections have been made. Reports of i investigations may be released after the investigation has been completed, unless withheld pursuant to other authorities; for example, the Freedom of Information Act ]

(5 U.S.C. 552). j l

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