ML23019A373

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Summary of Closed Meeting with Nuclear Energy Institute and Industry Regarding Controlled Unclassified Information
ML23019A373
Person / Time
Issue date: 01/31/2023
From: Tanya Mensah
Governance & Enterprise Management Services Division
To: David Nelson
NRC/OCIO
Mensah T
Shared Package
ML23024A180 List:
References
Download: ML23019A373 (8)


Text

January 25, 2023 MEMORANDUM TO: David J. Nelson Chief Information Officer Office of the Chief Information Officer Signed by Mensah, Tanya on 01/25/23 FROM: Tanya M. Mensah, CUI Program Manager Governance and Enterprise Management Services Division Office of the Chief Information Officer

SUBJECT:

SUMMARY

OF THE JANUARY 10, 2023, CLOSED MEETING WITH THE NUCLEAR ENERGY INSTITUTE AND INDUSTRY REGARDING CONTROLLED UNCLASSIFIED INFORMATION On January 10, 2023, the U.S. Nuclear Regulatory Commission (NRC) conducted a closed meeting with Nuclear Energy Institute (NEI) and industry representatives to discuss in more detail the view-only option for handling controlled unclassified information (CUI) and to obtain industry feedback on the approach. The closed meeting was held virtually. The meeting notice and agenda, dated December 14, 2022, are available in the Agencywide Documents Access and Management System under Accession No. ML22348A020. The enclosures list the organizations and individuals attending the meeting virtually.

During the closed meeting, the NRC staff provided a live demonstration of the view-only option.

The NRC is offering the view-only option as an alternative when sharing CUI with licensees to minimize their burden to meet the requirements in National Institute of Standards and Technology (NIST) Special Publication (SP) 800-171, Protecting Controlled Unclassified Information in Nonfederal Systems and Organizations.

In addition, NEI and industry representatives also identified any use cases that would require them to handle CUI beyond the view-only mode, any progress or challenges they have encountered to conduct the gap analysis for NIST SP 800-171, and any industry plans to handle CUI it may receive electronically from other Federal agencies.

CONTACT: Tanya M. Mensah, OCIO/GEMS 301-415-3610

D. Nelson In summary, the NRC provided the following background information regarding the basis for the development of the NRCs view-only option:

To meet the requirements of Title 32 of the Code of Federal Regulations Part 2002, Controlled Unclassified Information (CUI) (CUI Rule), all agencies are required to establish formal information-sharing agreements, where feasible, when sharing CUI with non-executive-branch entities.

The CUI Rule also requires agencies to prescribe the requirements of NIST SP 800-171 in any information-sharing agreements to ensure that CUI received electronically from the Federal Government is protected in a manner similar to its protection by the Federal Government.

In prior NRC CUI public meetings, the NRC staff described these information-sharing requirements to all external stakeholders and received significant feedback regarding the burden on licensees to meet the requirements in NIST SP 800-171.

On December 8, 2022, the NRC issued Regulatory Issue Summary 2022-03, NRC Plans to Establish Controlled Unclassified Information-Sharing Agreements with Non-Executive-Branch Entities, to inform all NRC stakeholders of its current plans to transition to CUI in fall 2023, to establish CUI information-sharing agreements, and to provide a view-only option to minimize the burden on licensees of meeting the requirements in NIST SP 800-171.

In response to the NRCs presentation, NEI and industry representatives informed the NRC staff of the following:

For a number of use cases, licensees would need to take possession of CUI they receive from the NRC (i.e., download, print, or forward CUI to others within their organizations) to meet various regulatory requirements. In some cases, the view-only option would significantly minimize a licensees ability to meet certain regulatory requirements, since the licensee would not be able to take possession of CUI it receives onto its non-Federal information system.

Several licensees are working towards developing a gap analysis and plan of action and milestones to meet the requirements of NIST SP 800-171 so that they can take possession of CUI onto a non-Federal information system.

NRC licensees have not yet received CUI information-sharing agreements from other Federal agencies.

No regulatory decisions or commitments were made at this meeting. Since this was a closed meeting, members of the public were not allowed to participate. No meeting feedback forms from the attendees were received.

Please direct any inquiries to me at (301) 415-3610 or by email to Tanya.Mensah@nrc.gov.

Enclosures:

1. List of Attending Organizations
2. List of Attendees

ML23024A180(PKG); ML23019A373 (LTR) *via email OFFICE QTE* OCIO/GEMS OCIO/GEMS/D OCIO/DD (Acting)

NAME JDougherty TMensah JFeibus TAshley DATE 01/24/23 01/25/23 01/26/23 01/31/23 LIST OF ATTENDING ORGANIZATIONS JANUARY 10, 2023, CLOSED MEETING WITH THE NUCLEAR ENERGY INSTITUTE AND INDUSTRY TO DISCUSS THE VIEW-ONLY OPTION FOR CONTROLLED UNCLASSIFIED INFORMATION Organization Ameren Arizona Public Service Company BWX Technologies, Inc.

Centrus Energy Corporation Constellation Curtiss Wright DTE Energy Duke-Energy EDF Energy, England, United Kingdom Engineering Planning and Management, Inc.

Entergy Excel Energy Exelon Fermi Fluor Corporation Framatome General Electric-Hitachi Global Laser Enrichment Global Nuclear FuelsAmerica Honeywell Metropolis International Atomic Energy Agency Kairos Power Massachusetts Institute of Technology Maverick Construction Corporation National Archives and Records Administration/Information Security Oversight Office NextEra, Energy Inc. (NextEra)

Nuclear Energy Institute Nuclear Fuel Services NuScale Pacific Gas and Electric Company Public Service Electric and Gas Company South Texas Project Southern Nuclear Company STARS Alliance Tennessee Valley Authority TerraPower Enclosure 1

2 Texas A&M University University of Maryland URENCO NRC Westinghouse Electric Company X-energy (now Triso-X)

LIST OF ATTENDEES JANUARY 10, 2023, CLOSED MEETING WITH THE NUCLEAR ENERGY INSTITUTE AND INDUSTRY TO DISCUSS THE VIEW-ONLY OPTION FOR CONTROLLED UNCLASSIFIED INFORMATION Name Affiliation James Adler NRC Thomas Ashley NRC Matthew Barrett NRC James Baughman NRC Adeolu Bilewu NRC Jonathan Feibus NRC Joe Gillespie NRC Jamie Heisserer NRC Rick Jervey NRC Mike King NRC Siva Lingam NRC Kim Lukes NRC Tanya Mensah NRC Eric Michel NRC Bo Pham NRC Cindy Rosales-Cooper NRC Jonathan Rowley NRC Carrie Safford NRC Amy Wagner NRC Billy Brown Jr. Ameren Cody Junas Arizona Public Service Company Timothy Policke BWX Technologies, Inc. (BWXT)

Jay Spiva BWXT Stephen Subosits BWXT Lori Hawk Centrus Energy Corporation (Centrus)

Marty Karr Centrus Jason Krumenacker Centrus Jeffrey Stone Constellation Jason Taken Constellation Larry Clark U.S. Department of Energy (Retired)

Shane Gatter DTE Energy Robert Rishel Duke-Energy Timothy Wadsworth Duke-Energy Tony Martin EDF Energy, England, United Kingdom Chris Newton Engineering Planning and Management, Inc.

John Cherubini Entergy Phil Couture Entergy Enclosure 2

2 Name Affiliation James Keele Entergy David Mannai Entergy Mike Soucie Entergy Ronald Jacobson Excel Energy Rob Harnage Fluor Corporation (Fluor)

Rebecca Omelianchuk Fluor Shannon Breeding Framatome Robert Sanders Framatome Timothy Tate Framatome Scott Murray General Electric-Hitachi Pat Jenny Global Laser Enrichment Tim Daly International Atomic Energy Agency Margaret Ellenson Kairos Power Edward Lau Massachusetts Institute of Technology Alicia Davis Maverick Construction Corporation Steve Catron NextEra, Energy Inc. (NextEra)

Dianne Strand NextEra Hilary Lane NEI Andrew Mauer NEI Melody Rodriguez NEI Janet Schlueter NEI Darwin Mecham NuScale Timothy Graf Pacific Gas and Electric Company Meghan Thorpe-Kavanaugh Public Service Electric and Gas Company Michelle Hellman South Texas Project (STP)

Dennis Rawlings STP Jim Tomkins STP Shawn Bilak Southern Nuclear Company (SNC)

Steve Shipman SNC Charles Coles STARS Alliance Patrick Asendorf Tennessee Valley Authority (TVA)

Chris Schwarz TVA Michael Schmidt TerraPower Jere Jenkins Texas A&M University Amber Sabrina Johnson University of Maryland Michael Abram Westinghouse Electric Company (Westinghouse)

Matt Conner Westinghouse Patrick Donnelly Westinghouse William Mattern Westinghouse Nicole Good Unknown Fred May Unknown Richard Schmidt Unknown Kevin Street Unknown