ML20141J432

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Forwards NRC Rept on Nondisclosure of Safeguards Info for Calendar Year Quarter 970401-970630.Rept Describes Occasion During Period When NRC Withheld from Public Disclosure Safeguards Info Concerning Security at Nuclear Facility
ML20141J432
Person / Time
Issue date: 07/31/1997
From: Rathbun D
NRC OFFICE OF CONGRESSIONAL AFFAIRS (OCA)
To: Inhofe J, Schaefer D
HOUSE OF REP., ENERGY & COMMERCE, SENATE, ENVIRONMENT & PUBLIC WORKS
References
CCS, NUDOCS 9708200051
Download: ML20141J432 (8)


Text

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y* k UNITED STATES s* ' NUCLEAR REGULATORY COMMISSION

., W AsHINGToN, D.C. 30eNHe01

'% , ,,, July 31, 1997 i

The Honorable James M. Inhofe Chairman, Subcommittee on Clean Air, Wetlands, Private Property and Nuclear Safety Committee on Environment and Public Works United States Senate Washington, DC 20510

Dear Mr. Chairman:

I am submitting the U.S. Nuclear Regulatory Commission's (NRC's) report on the nondisclosure of Safeguards Information for the calendar year quarter beginning April 1 and extending through June 30,1997, as required by Section 147 of the Atomic Energy Act of 1954, as amended. The report describes one occasion during this period when the NRC withheld from public disclosure Safeguards information conceming security at a nuclear facility.

Slncerely, hmfp -"

Dennis K. Rathbun, Director Office of Congressional Affairs

Enclosure:

As stated cc: Senator Bob Oraham CC.5W >

n-9708200051 970731 DR kh\f\hk I, gg '

t 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.

Nuclear Regulatory Commission (NRC) to prescribe such regulations as are necessary to prohibit the unauthorized disclosure of Safeguards Information. NRC's regulations impfamenting Section 147 were published in the Eederal 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, during that period, of every regulation or order prescribed or issued l 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 second calendar year quarter, April 1 through June 30,1997.

Type of Information Withheld On one occasion, the NRC withheld from public disclosure portions of Safeguards inspection reports that disclosed the size, armament, and disposition of on site reserve forces; details of the on site and off site commt 1ications systems used for security purposes; the identity of off-site forces committed to respond to Safeguards emergencies; and defects, weaknesses, or vulnerabilities in the system at a nuclear power plant.

Unauthorized Disclosure Could Have Adverse Imoset The public disclosure of this type uf information could significantly increase the probability of unauthorized entry into the plant, and the information could be of considerable value to a potential saboteur in considering rr 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 conceming 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,

Attachment:

Specific Types of information Protected From Unauthorized Disclosure

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SPECIFIC TYPES OF INFORMATION PROTECTED FROM UNAUTHORIZED DISCLOSURE

1. Physical Protection at Fixed Shes 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 (i) The composite physical security plan for the nuclear facility or site.

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

(iii) Details of alarm system layouts showing location ofintrusion-detection devices alarm assessment equipment, alarm system wiring, emergency power sources,,

and duress alarms.

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

(v) Details of the on site and off site cononunications systems that are used for security purposes.

f (vi) Lock combinations and mechanical key design.

(vil) 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 qualification and training plan which disclose features of the physical security system or response procedures.

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

(xi) Size, armament, and disposition of on-site reserve forces.

1

v.< ..

i 2-(xii) Size, identity, armament, and arrival times of off site forces committed to

, respond to safeguards emergencies.

(xlil) Information required by the Cammission pursuant to 10 CFR 73.55 (c) (8) and (g).

2. Physleal 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:

(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 for spent fuel shipments may be released 10 days after the last shipment of a current series.)

(iii) Detalis 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 cominunications.

(vi) Procedures for response to safeguards emergencies.

3. Inspections. Auditt 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 Investigations may be released after the investigation has been completed, unle** withheld pursuant to other authorities; for example, the Freedom of Information Act (5 U.S.C. 552).

. seau

/]a L'n.12A-p _. '% UNITED STATES g

,} NUCLEAR REGULATORY COMMISSION WASHINGTON, o.C. 60eeHe01

% , , , , , ,![ July 31, 1997 The Honorable Dan Schaefer Chairman, Subcommittee on Energy and Power Committee on Commerce l United States House of Representatives Washington, DC 20515

Dear Mr. Chairman:

I am submitting the U.S. Nuclear Regulatory Commission's (NRC's) report on the i nondisclosure of Safeguards information for the calendar year quarter beginning April 1 and extending through June 30,1997, as required by Section 147 of the Atomic Energy Act of 1954, as amenoad. The report describes one occasion during this period when the NRC withheld from public disclosure Safeguards Information concoming security at a nuclear facility.

Sincerely, 5 <-

Dennis K. Rathbun, Director Office of Congrersional Affairs

Enclosure:

As stated cc: Representative Ralph Hall

O U.S. NUCLEAR REGULATORY COMMISSION QUARTERLY REPORT ON NONDISCLOSURE OF SAFEGUARDS INFORMATION Sketion 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.

Nuclear Regulatory Commission (NRC) to prescribe such regulations as are necessary to prohibit the unauthorized disclosure of Safeguards information. NRC's regulations implementing Section 147 were published in the Federal Reoister on October 22,1981 (46 FR 51718).

Section 147 also requires that the NRC report each quarter of the calendar year any Commission application, during that p3riod, 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 second calendar year quarter, April 1 through June 30,1997.

1 Type of Information Withheld On one occasion, the NRC withheld from public disciosure portions of Safeguards inspection reports that disclosed the size, armament, and disposition of on site reserve forces; details of

( the on-site and off site communications systems used for security purposes; the identity of off-site forces committed to respond to Safeguards emergencies; and defects, weaknesses, or vulnerabilities in the system at a nuclear power plant.

Unauthorized Disclosure Could Have Adverse Imonet 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 a potential saboteur in considering or planning sabotage.

enprance That Only the Minimum Amount of Information Was Withheld The withholding of this type of Safeguards infonnation does not de iy 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.

Attachment:

Specific Types of Information Protected From Unauthorized Disclosure

\ l r .

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 quantitles 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 that 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 l organization, duress codes, and patrol schedules.

(v) Details of the on site and off site communications systems that are used for i security purposes.

I l (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 contir.gency 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 on site reserve forces.

e (xii) Size, identity, armament, and arrival times of off site forces committed to

,, respond to safeguards emergetic!es.

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

2. Physical Protection in Transit Information not otherwise classified as Restricted Data or National Secur, ' Information rolative to the protection of shipments of formula quantities of strategic special nuclear rr aterial 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 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 systems.

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

(v) Details regarding limitations of radio telephone communications.

(vi) Procedures for response to safeguards emergencies.

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 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).

/