ML080940098

Control of Sensitive Unclassified Nonsafeguards Information Related to Nuclear Power Reactors

ML080940098
Person / Time
Issue date:	11/07/2005
From:	Michael Case NRC/NRR/ADRO/DIRS
To:
References
RIS-05-026
Download: ML080940098 (6)

See also: RIS 2005-26

Text

UNITED STATES

NUCLEAR REGULATORY COMMISSION

OFFICE OF NUCLEAR REACTOR REGULATION

WASHINGTON, D.C. 20555-0001

November 7, 2005

NRC REGULATORY ISSUE SUMMARY 2005-26

CONTROL OF SENSITIVE UNCLASSIFIED NONSAFEGUARDS

INFORMATION RELATED TO NUCLEAR POWER REACTORS

ADDRESSEES

All holders of operating licenses for nuclear power reactors and holders of and applicants for

certificates for reactor designs.

INTENT

The U.S. Nuclear Regulatory Commission (NRC) is issuing this regulatory issue summary (RIS)

to inform the addressees of the appropriate handling of information that warrants controls

because of continuing concerns about terrorist attacks against the critical infrastructure of the

United States. The NRC intends to balance its responsibility to preserve public access to

information and support meaningful participation in NRCs regulatory processes against its

responsibility to withhold information that might unnecessarily compromise the security of

nuclear facilities. Licensees for operating nuclear power plants and reactor facility designers

may need to assess their document control procedures to ensure they protect sensitive

information. Although no specific action or written response is required, the NRC encourages

the addressees for this RIS, vendors and contractors, and others who may possess sensitive

information to destroy, mark, or otherwise control the information to avoid inadvertently

providing assistance to those who might use the information for malevolent acts.

BACKGROUND INFORMATION

NRC traditionally has given the public access to a significant amount of information about the

facilities and materials the agency regulates. Openness has been and remains a cornerstone

of NRCs regulatory philosophy. The Atomic Energy Act, subsequent legislation, and various

NRC regulations have given the public the right to participate in the licensing and oversight

process for nuclear power reactors and other NRC licensees. To participate in a meaningful

way, the public must have access to information about the design and operation of regulated

facilities and use of nuclear materials. However, NRC and other Government agencies have

always withheld some information from public disclosure for reasons of security, personal

privacy, or commercial or trade secret protection. In light of increased terrorist activity

worldwide, NRC reexamined its document disclosure policies.

ML051430228

Enclosure 2

RIS 2005-26

Page 2 of 5

Since the events of September 11, 2001, NRC has issued advisories and taken specific actions

regarding the security of its licensed facilities. NRC has also assessed and revised its policies

and practices for control of information so that information that could reasonably be expected to

be useful to terrorists in planning or executing an attack against nuclear power plants or other

NRC-licensed facilities will be withheld from public disclosure. The most recent and detailed

guidance on the control of information related to operating nuclear power plants is provided in

the Commission paper SECY-04-0191, Withholding Sensitive Unclassified Information

Concerning Nuclear Power Reactors From Public Disclosure, dated October 19, 2004, and the

associated staff requirements memorandum dated November 9, 2004. Also see

SECY-05-0091, Task Force Report on Public Disclosure of Security-Related Information,

dated May 18, 2005, and the associated staff requirements memorandum dated June 30, 2005.

The NRC staff is preparing similar guidance for materials licensees and expects to make it

available to the public in early 2006.

SUMMARY OF ISSUE

Considering the various reviews, legislation, and other changes since September 11, 2001, the

NRC staff believes that clarifying NRCs current procedures and policies regarding the control

of information will be beneficial to stakeholders. NRC will continue to make available to the

public most of the information that the agency receives from or sends to its licensees. In

addition, the public will have access to a large amount of information included in various reports

produced by the NRC staff. Much of NRCs information also will be readily available to the

public via the NRC Web site (www.nrc.gov) and the NRCs electronic document management

system (ADAMS) (www.nrc.gov/reading-rm/adams.html). In addition, other information may be

released to the public in response to formal or informal requests. The exceptions for certain

information to be withheld from public disclosure for reasons other than security (e.g., privacy,

proprietary, and pre-decisional information) have not changed as a result of recent events. The

appropriate handling of Safeguards Information (SGI) is discussed in RIS-2003-08, Protection

of Safeguards Information From Unauthorized Disclosure, dated April 30, 2003, and more

specific SGI designation guidance documents.

NRC withheld from public disclosure some information related to protecting operating nuclear

power plants although it does not meet the existing criteria for designation as SGI. This type of

information was recognized before September 11, 2001, and, when submitted to NRC by a

licensee, was withheld from public disclosure according to the provisions of 10 CFR 2.390(d)(1). This regulation states:

(d) The following information is considered commercial or financial information within the

meaning of §9.17(a)(4) of this chapter and is subject to disclosure only in accordance

with the provisions of §9.19 of this chapter.

(1) Correspondence and reports to or from the NRC which contain information or

records concerning a licensees or applicants physical protection, classified matter

protection, or material control and accounting program for special nuclear material not

otherwise designated as Safeguards Information or classified as National Security

Information or Restricted Data.

Enclosure 2

RIS 2005-26

Page 3 of 5

NRC expects that licensees will continue to request NRC withhold some information citing

10 CFR 2.390(d)(1) and that the volume of material requested to be withheld from public

disclosure under this provision will increase as the NRC staff and licensees implement the

guidance in this RIS. NRC changed its procedures shortly after September 11, 2001, to

withhold from public disclosure various categories of documents likely to include individual

records that warrant withholding under 10 CFR 2.390. The NRC staff will assess the need to

withhold such document categories if licensees routinely identify specific documents containing

sensitive information. The NRC staff will interact with licensees on a case-by-case basis

regarding the use of the provisions of 10 CFR 2.390(d)(1) to assure that information is properly

controlled, under either Section 2.390(d)(1) or one of the other Freedom of Information Act

(FOIA) exemptions that might be applicable. Licensees that identify information to be withheld

from public disclosure in accordance with 10 CFR 2.390(d)(1) or other provision in the

regulation should use the same general practices as used for proprietary commercial or

financial information. As shown on the attached diagram, the cover letter should clearly state

that the document includes sensitive information and the affected pages should include the

marking Security-Related Information Withhold Under 10 CFR 2.390. Unlike the

requirements for withholding proprietary information, licensees are not required to provide an

affidavit for sensitive information withheld under 10 CFR 2.390(d) and related to (1) physical

protection or (2) material control and accounting.

Most information received and generated by NRC deals with design, operations, or other

matters not directly related to the physical security of nuclear facilities or radioactive materials.

This information, if not protected as proprietary or under another exception, is generally made

available to the public. After September 11, 2001, NRC and other Government agencies

responded to concerns that some information easily available on public Web sites or by other

means might be useful to terrorists. SECY-04-0191 provides the primary NRC guidance on

whether information related to operating nuclear power plants should be withheld from public

disclosure in light of the post-September 11 concerns. The NRC staff has posted the guidance

and related material within the public reading room (http://www.nrc.gov/reading-rm.html) on the

NRC Web site, and stakeholders can ask questions or make suggestions about the guidance

and the examples.

As discussed in SECY-04-0191, other Government agencies have issued regulations or

guidance for protecting information that could be reasonably expected to be useful to terrorists

in planning or executing an attack on critical infrastructure.

• Protected critical infrastructure information (PCII) is information related to the security of

critical infrastructure that is voluntarily provided to the Department of Homeland Security

(DHS).

• Critical energy infrastructure information (CEII) is defined in Federal Energy Regulatory

Commission (FERC) regulations as information related to energy-related infrastructure

(e.g., hydroelectric dams and electric transmission systems).

• Sensitive security information (SSI) is defined in Transportation Safety Administration

(TSA) and Department of Transportation (DOT) regulations as information about the

security of transportation assets, including pipelines.

Enclosure 2

RIS 2005-26

Page 4 of 5

Licensees may need to assess and revise their procedures for handling sensitive unclassified

nonsafeguards information in their normal activities and interactions with parties other than

NRC. During discussions of existing practices with various licensees, the NRC staff discovered

that licensees vary in how they treat and protect information that was previously unprotected but

now is considered sensitive. Some licensees have instituted more restrictive controls. Some

have determined that their routine business practices provide an appropriate level of protection

for the sensitive information.

As described in 10 CFR 2.390, information deemed sensitive because it relates to physical

protection or material control and accounting is protected in much the same way as commercial

or financial information. As with proprietary information, licensees are expected to have

sufficient internal controls to keep the information confidential. Possible methods to prevent the

inadvertent release of sensitive unclassified nonsafeguards information include marking

documents as described in 10 CFR 2.390, restricting access to electronic recordkeeping

systems, and controlling the reproduction, distribution, and destruction of potentially sensitive

records. NRC uses the marking Security-Related Information Withhold Under

10 CFR 2.390 and encourages the use of this marking by licensees and others possessing

information deemed sensitive using the guidance in SECY-04-0191. Licensees should ensure

that similar controls are in place when sensitive information is provided to outside parties such

as contractors or other Government agencies. The NRC staff posted information on NRCs

Web site (http://www.nrc.gov/reading-rm.html) and included a feedback form for questions or

suggestions on how to effectively control sensitive information.

BACKFIT DISCUSSION

This RIS requires no action or written response. Any action on the part of addressees to

assess and revise their document control procedures in accordance with the guidance

contained in this RIS is strictly voluntary and, therefore, is not a backfit under 10 CFR 50.109.

Consequently, the NRC staff did not perform a backfit analysis.

FEDERAL REGISTER NOTIFICATION

A notice of opportunity for public comment on this RIS was not published in the Federal

Register because it is informational and pertains to a staff position that does not represent a

departure from current regulatory requirements and practice. NRC intends to work with the

Nuclear Energy Institute, industry representatives, members of the public, and other

stakeholders in modifying related guidance documents.

SMALL BUSINESS REGULATORY ENFORCEMENT FAIRNESS ACT OF 1996

The NRC has determined that this action is not a rule and thus is not subject to the Small

Business Regulatory Enforcement Fairness Act of 1996.

Enclosure 2

RIS 2005-26

Page 5 of 5

PAPERWORK REDUCTION ACT STATEMENT

This RIS does not contain information collections and, therefore, is not subject to the

requirements of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

CONTACT

Please direct any questions about this matter to the technical contacts listed below or to the

appropriate Office of Nuclear Reactor Regulation (NRR) project manager.

/RA/ By Patrick L. Hiland For/

Michael J. Case, Director

Division of Inspection and Regional Support

Office of Nuclear Reactor Regulation

Technical Contacts: William Reckley, NRR Margie Kotzalas, NRR

301-415-1323 301-415-2737

E-mail: wdr@nrc.gov E-mail: mxk5@nrc.gov

Attachment: Marking diagram for documents withheld under 10 CFR 2.390

Note: NRC generic communications may be found on the NRC public Web site,

http://www.nrc.gov, under Electronic Reading Room/Document Collections.

Enclosure 2

Attachment

RIS-2005-26

Page 1 of 1

SUGGESTED MARKINGS

Withhold From Public Disclosure In Accordance With 10 CFR 2.390

Overall page marking on the top of all pages

Security-Related Information

Withhold Under 10 CFR 2.390

Ensure Subject Line is non-sensitive

Subject

XXXXXXXXXX

XXXXXXXXXX

XXXXXXXXXX

XXXXXXXXXX

Appropriate Controls

Access: Need-to-know in order to perform official licensee functions.

Storage: Openly within licensee facilities with electronic or other access

controls, for example, key cards, guards, alarms.

Mail: U.S. Postal Service first class mail, single opaque envelope with

no markings to indicate 10 CFR 2.390 contents.

Electronic Transmission: Over encrypted phone, facsimile, computer, if available;

otherwise over non-encrypted circuits where recipient will

be present to receive the transmission.

Enclosure 2