ML20140H338

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Submits NRC Rept on Nondisclosure of Safeguards Info for 970101-0331,as Required by Section 147 of AEC of 1954,as Amended.Rept Describes Occasions During Period When NRC Withheld from Public Disclosure Safeguards Info
ML20140H338
Person / Time
Issue date: 05/01/1997
From: Shirley Ann Jackson, The Chairman
NRC COMMISSION (OCM)
To: Gingrich N, Gore A
HOUSE OF REP., SPEAKER OF THE HOUSE, SENATE
References
NUDOCS 9705130078
Download: ML20140H338 (6)


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p c 4 UNITED STAT *S 0 *4 NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001

%, [ May 1, 1997 CHAIRMAN The Honorable Albert Gore President of the United States Senate Washington, D.C. 20510

Dear Mr. President:

I am submitting the U.S. Nuclear Regulatory Commission's (NRC) report on the nondisclosure of Safeguards Information for the calendar year quarter beginning January 1 and extending through March 31,1997, 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 conceming security at a nuclear facility.

Sincerely, b

Shirley Ann Jackson

Enclosure:

As stated 1

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%, f May 1, 1997 CHAIRMAN The Honorable Newt Gingrich Speaker of the United States House of Representatives Washington, D.C. 20515

Dear Mr. Speaker:

I am submitting the U.S. Nuclear Regulatory Commission's (NRC) report on the nondisclosure of Safeguards information for the calendar year quarter beginning January 1 and extending through March 31,1997, as required oy 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 a nuclear facility.

Sincerely, Q

l-Shirley Ann Jackson

Enclosure:

As stated .

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U.S. 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 Safeguards Information. This section also directs the U.S. l Nuclear Regulatory Commission (NRC) to prescribe such regulations as are necessary to prohibit the unauthorized disclosure of Safeguards information. NRC's regulations i implementing Section 147 were published in the Federal Reaister on October 22,1981 (46 FR l 51718).

Section 147 also requires that the NRC report each quarter of the calendar year any Commission application, during that period, of every regulation or 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 the Freedom of Information Act during the first calendar year quarter, January 1 through March 31,1997.

Type of Information Withheld i On two occasions, the NRC withheld from public disclosure portions of safeguards inspection reports that disclosed uncorrected weaknesses in the physical security system at a nuclear power plant.

Unauthorized Disclosure Could Have Adverse impact The public disclosure of this type of information could sig'nificantly increase the probability of .

l unauthorized entry into the plant, and the information could be of considerable value to a potential saboteur in considering or planning sabotage.  ;

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 at a nuclear facility. A line-by-line ,

review of the documents was conducted to ensure that only the minimum amount of information was withheld.

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

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, I j Unauthorized Disclosure Could Have Adverse impact j

i 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 4

potential saboteur in considering or planning sabotage.

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. Assurance That Only the Minimum Amount of Information Was Withheld

! The withholding of this type of Safeguards Information does not deny the public basic j _ information concerning the level of protection afforded material at facilities.

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Attachment:

Specific Type of Information Protected from Unauthorized Disclosure d

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O 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.

(ii) Site-specific drawings, diagrams, sketches, or maps tha'. substantially represent the final design 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 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 ma'tter 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 qualification and training plan which disclose features of the physical security system or response procedures.

(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 l

(9).

2. Physical Protection in Transit Information not otherwise classified as Restricted Data or National Security Information relative to the protection of shipments of formula quantities of strategic special nuclear material and spent fuel.

Specifically:

1 (i) The composite transportation physical security plan.

(ii) Schedules and itineraries for specific shipments. (Routes and quantities for l shipments of spent fuel are not withheld from public disclosure. Schedules for spent fuel shipments may be released 10 days after the last shipment of a current series.)

(iii) Details of vehicle immobilization features, intrusion alarm devices, and communication syctems.

(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.

Inspections. Audits, and Evaluations  !

3.

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 i 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 ofinvestigations 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).  !