Nuclear Security-Related Information

Designation evidence

• NARA authority row: 42 USC 2201(b) NRC RIS 2005-31, Revision 1 NRC RIS 2005-26 | status: Specified | banner: CUI//SP-SRI.
• Related authority evidence: 42 USC 2201(b) NRC RIS 2005-31, Revision 1 NRC RIS 2005-26 | status: Specified | banner: CUI//SP-SRI

Extracted authority meaning

None listed

Operating conditions

• NARA category scope used with this authority: Related to information that could be useful, or could reasonably be expected to be useful, to a terrorist in a potential attack that does not qualify as Safeguards or classified information, including the exact location and quantities of radioactive material, certain detailed design drawings, information on nearby facilities, emergency planning information, and certain assessments of vulnerability and safety analyses.
• 42 USC 2201(b) NRC RIS 2005-31, Revision 1 NRC RIS 2005-26 | status: Specified | banner: CUI//SP-SRI
• NARA registry status: Specified. Per-authority NARA status values: Specified. NARA banner marking evidence: CUI//SP-SRI. The registry evidence is preserved here; detailed primary-law or regulation text analysis remains pending for this category.
• NARA category scope: Related to information that could be useful, or could reasonably be expected to be useful, to a terrorist in a potential attack that does not qualify as Safeguards or classified information, including the exact location and quantities of radioactive material, certain detailed design drawings, information on nearby facilities, emergency planning information, and certain assessments of vulnerability and safety analyses.
• DoD category scope: Information that could be useful, or could reasonably be expected to be useful, to a terrorist in a potential attack including the exact location and quantities of radioactive material, certain detailed design drawings, information on nearby facilities, emergency planning information, and certain assessments of vulnerability and safety analyses.
• DoD registry-required warning statement: Security-Related Information - Withhold Under 10 CFR 2.390

Safeguarding and dissemination controls

• NARA registry control evidence: status Specified; banner marking CUI//SP-SRI.
• Nara basic or specified: Specified
• Nara authority rows: 42 USC 2201(b) NRC RIS 2005-31, Revision 1 NRC RIS 2005-26 | status: Specified | banner: CUI//SP-SRI
• Nara banner markings: CUI//SP-SRI
• Dod required warning statement: Security-Related Information - Withhold Under 10 CFR 2.390
• No DoD required dissemination control is listed on the registry page. Apply approved limited dissemination controls only when required or permitted by the designating agency or governing authority.
• Use the registry assertions, NARA authority rows, DoD authorities, DoD policies, warning statements, required dissemination controls, and examples first. Where the cited authority does not specify a handling detail, apply CUI Basic safeguards and dissemination rules so long as they do not conflict with the authority or agency-specific controls.

Designation evidence

• DoD authority row: 42 USC 2201(b). DoD lists this citation for the category; this DoD detail page does not display a separate Basic/Specified field.
• Related authority evidence: DoD lists this authority for the category; the linked authority text is extracted below when available.
• Registry designation context: Specified. The linked authority text contains category-scope or applicability language that helps determine when the information falls within this CUI category. The linked authority text contains disclosure, access, protection, release, dissemination, or distribution-control language relevant to handling. The linked authority text contains violation, penalty, sanction, or enforcement language that may affect consequences for mishandling.
• Registry designation for this category is Specified.

Extracted authority meaning

• Page 4817 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2201
• Registry designation context: Specified. The linked authority text contains category-scope or applicability language that helps determine when the information falls within this CUI category. The linked authority text contains disclosure, access, protection, release, dissemination, or distribution-control language relevant to handling. The linked authority text contains violation, penalty, sanction, or enforcement language that may affect consequences for mishandling.

Operating conditions

• DoD category scope used with this authority: Information that could be useful, or could reasonably be expected to be useful, to a terrorist in a potential attack including the exact location and quantities of radioactive material, certain detailed design drawings, information on nearby facilities, emergency planning information, and certain assessments of vulnerability and safety analyses.
• DoD lists this authority for the category; the linked authority text is extracted below when available.
• NARA registry status: Specified. Per-authority NARA status values: Specified. NARA banner marking evidence: CUI//SP-SRI. The registry evidence is preserved here; detailed primary-law or regulation text analysis remains pending for this category.
• NARA category scope: Related to information that could be useful, or could reasonably be expected to be useful, to a terrorist in a potential attack that does not qualify as Safeguards or classified information, including the exact location and quantities of radioactive material, certain detailed design drawings, information on nearby facilities, emergency planning information, and certain assessments of vulnerability and safety analyses.
• DoD category scope: Information that could be useful, or could reasonably be expected to be useful, to a terrorist in a potential attack including the exact location and quantities of radioactive material, certain detailed design drawings, information on nearby facilities, emergency planning information, and certain assessments of vulnerability and safety analyses.
• DoD registry-required warning statement: Security-Related Information - Withhold Under 10 CFR 2.390
• Extracted authority condition: Comptroller General audit No moneys appropriated for the purposes of this chapter shall be available for payments under any contract with the Commission, nego- tiated without advertising, except contracts with any foreign government or any agency thereof and contracts with foreign producers, unless such contract includes a clause to the ef- fect that the Comptroller General of the United States or any of his duly authorized representa- tives shall, until the expiration of three years after final payment, have access to and the right to examine any directly pertinent books, docu- ments, papers, and records of the contractor or any of his subcontractors engaged in the per- formance of, and involving transactions related to such contracts or subcontracts: Provided, however, That no moneys so appropriated shall be available for payment under such contract which includes any provision precluding an audit by the Government Accountability Office of any transaction under such contract: And pro- vided further, That nothing in this section shall preclude the earlier disposal of contractor and subcontractor records in accordance with records disposal schedules agreed upon between the Commission and the Government Account- ability Office.
• Extracted authority condition: (i) Compensation plans (1) After any nuclear incident involving dam- ages that are likely to exceed the applicable amount of aggregate public liability under sub- paragraph (A), (B), or (C) of subsection (e)(1), the Secretary or the Commisison, 1 as appropriate, shall— (A) make a survey of the causes and extent of damage; and (B) expeditiously submit a report setting forth the results of such survey to the Con- gress, to the Representatives of the affected districts, to the Senators of the affected States, and (except for information that will cause serious damage to the national defense of the United States) to the public, to the par- ties involved, and to the courts.
• Extracted authority condition: Page 4841 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2210 ‘‘(A)(i) an arterial blood gas study; or ‘‘(ii) a written diagnosis by a physician meeting the requirements of subsection (c)(1); and ‘‘(B)(i) a chest x-ray administered in accordance with standard techniques and the interpretive re- ports of a maximum of two National Institute of Occupational Health and Safety certified ‘B’ read- ers classifying the existence of the nonmalignant respiratory disease of category 1/0 or higher accord- ing to a 1989 report of the International Labor Of- fice (known as the ‘ILO’), or subsequent revisions; ‘‘(ii) high resolution computed tomography scans (commonly known as ‘HRCT scans’) (including com- puter assisted tomography scans (commonly known as ‘CAT scans’), magnetic resonance imaging scans (commonly known as ‘MRI scans’), and positron emission tomography scans (commonly known as ‘PET scans’)) and interpretive reports of such scans; ‘‘(iii) pathology reports of tissue biopsies; or ‘‘(iv) pulmonary function tests indicating restric- tive lung function, as defined by the American Tho- racic Society; ‘‘(6) the term ‘lung cancer’— ‘‘(A) means any physiological condition of the lung, trachea, or bronchus that is recognized as lung cancer by the National Cancer Institute; and ‘‘(B) includes in situ lung cancers;...
• Extracted authority condition: (b) Evaluation (1) In general Except as provided in paragraph (2), the Nu- clear Regulatory Commission shall not enter into any such contract agreement or arrange- ment unless it finds, after evaluating all infor- mation provided under subsection (a) and any other information otherwise available to the Commission that— (A) it is unlikely that a conflict of interest would exist, or (B) such conflict has been avoided after ap- propriate conditions have been included in such contract, agreement, or arrangement; except that if the Commission determines that such conflict of interest exists and that such conflict of interest cannot be avoided by including appropriate conditions therein, the Commission may enter into such con- tract, agreement, or arrangement, if the Commission determines that it is in the best interests of the United States to do so and includes appropriate conditions in such con- tract, agreement, or arrangement to miti- gate such conflict.
• Extracted authority condition: (2) The Secretary of Commerce shall, in the conduct of any investigation requested by the Secretary of Energy pursuant to this section, take into account any information made avail- able by the Secretary of Energy, including infor- mation regarding the impact on national secu- rity of projected or executed contracts or op- tions for source material or special nuclear ma- terial from foreign sources or whether domestic production capacity is sufficient to supply pro- jected national security requirements.

Safeguarding and dissemination controls

• DoD required warning statement: Security-Related Information - Withhold Under 10 CFR 2.390
• Nara basic or specified: Specified
• Nara authority rows: 42 USC 2201(b) NRC RIS 2005-31, Revision 1 NRC RIS 2005-26 | status: Specified | banner: CUI//SP-SRI
• Nara banner markings: CUI//SP-SRI
• Dod required warning statement: Security-Related Information - Withhold Under 10 CFR 2.390
• No DoD required dissemination control is listed on the registry page. Apply approved limited dissemination controls only when required or permitted by the designating agency or governing authority.
• Use the registry assertions, NARA authority rows, DoD authorities, DoD policies, warning statements, required dissemination controls, and examples first. Where the cited authority does not specify a handling detail, apply CUI Basic safeguards and dissemination rules so long as they do not conflict with the authority or agency-specific controls.
• Extracted authority control: Comptroller General audit No moneys appropriated for the purposes of this chapter shall be available for payments under any contract with the Commission, nego- tiated without advertising, except contracts with any foreign government or any agency thereof and contracts with foreign producers, unless such contract includes a clause to the ef- fect that the Comptroller General of the United States or any of his duly authorized representa- tives shall, until the expiration of three years after final payment, have access to and the right to examine any directly pertinent books, docu- ments, papers, and records of the contractor or any of his subcontractors engaged in the per- formance of, and involving transactions related to such contracts or subcontracts: Provided, however, That no moneys so appropriated shall be available for payment under such contract which includes any provision precluding an audit by the Government Accountability Office of any transaction under such contract: And pro- vided further, That nothing in this section shall preclude the earlier disposal of contractor and subcontractor records in accordance with records disposal schedules agreed upon between the Commission and the Government Account- ability Office.
• Extracted authority control: (e) Limitation on aggregate public liability (1) The aggregate public liability for a single nuclear incident of persons indemnified, includ- ing such legal costs as are authorized to be paid under subsection (o)(1)(D), shall not exceed— (A) in the case of facilities designed for pro- ducing substantial amounts of electricity and having a rated capacity of 100,000 electrical kilowatts or more, the maximum amount of fi- nancial protection required of such facilities under subsection (b) (plus any surcharge as- sessed under subsection (o)(1)(E)); (B) in the case of contractors with whom the Secretary has entered into an agreement of in- demnification under subsection (d), the amount of indemnity and financial protection that may be required under paragraph (2) of subsection (d); and (C) in the case of all other licensees of the Commission required to maintain financial protection under this section— (i) $500,000,000, together with the amount of financial protection required of the li- censee; or (ii) if the amount of financial protection required of the licensee exceeds $60,000,000, $560,000,000 or the amount of financial pro- tection required of the licensee, whichever amount is more.
• Extracted authority control: (E) If the sum of public liability claims and legal costs authorized under paragraph (2) arising from any nuclear incident exceeds the maximum amount of financial protection re- quired under subsection (b), any licensee re- quired to pay a standard deferred premium under subsection (b)(1) shall, in addition to such deferred premium, be charged such an amount as is necessary to pay a pro rata share of such claims and costs, but in no case more than 5 percent of the maximum amount of such standard deferred premium described in such subsection.
• Extracted authority control: L. 109–58, title VI, § 656(b), Aug. 8, 2005, 119 Stat. 814, provided that: ‘‘Not later than 1 year after the date of the enactment of this Act [Aug. 8, 2005], and from time to time thereafter as it considers necessary, the Nuclear Regulatory Commission shall issue regulations identifying radioactive materials or classes of individ- uals that, consistent with the protection of public health and safety and the common defense and secu- rity, are appropriate exceptions to the requirements of section 170D [probably means 170I] of the Atomic En- ergy Act of 1954 [42 U.S.C. 2210i], as added by subsection (a) of this section.’’ E FFECT ONOTHERLAW Pub.
• Extracted authority control: (d) Penalty A violation of a regulation issued under sub- section (a) or (b) shall be punishable by a civil penalty not to exceed $1,000,000.

Designation evidence

• DoD authority row: NRC Regulatory Issue Summary 2005-26. DoD lists this citation for the category; this DoD detail page does not display a separate Basic/Specified field.
• Related authority evidence: DoD lists this authority for the category; the linked authority text is extracted below when available.
• Registry designation context: Specified. The linked authority text contains category-scope or applicability language that helps determine when the information falls within this CUI category. The linked authority text contains disclosure, access, protection, release, dissemination, or distribution-control language relevant to handling. The linked authority text contains violation, penalty, sanction, or enforcement language that may affect consequences for mishandling.
• Registry designation for this category is Specified.

Extracted authority meaning

• NRC REGULATORY ISSUE SUMMARY 2005-26
• Registry designation context: Specified. The linked authority text contains category-scope or applicability language that helps determine when the information falls within this CUI category. The linked authority text contains disclosure, access, protection, release, dissemination, or distribution-control language relevant to handling. The linked authority text contains violation, penalty, sanction, or enforcement language that may affect consequences for mishandling.

Operating conditions

• DoD category scope used with this authority: Information that could be useful, or could reasonably be expected to be useful, to a terrorist in a potential attack including the exact location and quantities of radioactive material, certain detailed design drawings, information on nearby facilities, emergency planning information, and certain assessments of vulnerability and safety analyses.
• DoD lists this authority for the category; the linked authority text is extracted below when available.
• NARA registry status: Specified. Per-authority NARA status values: Specified. NARA banner marking evidence: CUI//SP-SRI. The registry evidence is preserved here; detailed primary-law or regulation text analysis remains pending for this category.
• NARA category scope: Related to information that could be useful, or could reasonably be expected to be useful, to a terrorist in a potential attack that does not qualify as Safeguards or classified information, including the exact location and quantities of radioactive material, certain detailed design drawings, information on nearby facilities, emergency planning information, and certain assessments of vulnerability and safety analyses.
• DoD category scope: Information that could be useful, or could reasonably be expected to be useful, to a terrorist in a potential attack including the exact location and quantities of radioactive material, certain detailed design drawings, information on nearby facilities, emergency planning information, and certain assessments of vulnerability and safety analyses.
• DoD registry-required warning statement: Security-Related Information - Withhold Under 10 CFR 2.390
• Extracted authority condition: (1) Correspondence and reports to or from the NRC which contain information or records concerning a licensee’s or applicant’s 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.
• Extracted authority condition: ML051430228 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.
• Extracted authority condition: 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.

Safeguarding and dissemination controls

• DoD required warning statement: Security-Related Information - Withhold Under 10 CFR 2.390
• Nara basic or specified: Specified
• Nara authority rows: 42 USC 2201(b) NRC RIS 2005-31, Revision 1 NRC RIS 2005-26 | status: Specified | banner: CUI//SP-SRI
• Nara banner markings: CUI//SP-SRI
• Dod required warning statement: Security-Related Information - Withhold Under 10 CFR 2.390
• No DoD required dissemination control is listed on the registry page. Apply approved limited dissemination controls only when required or permitted by the designating agency or governing authority.
• Use the registry assertions, NARA authority rows, DoD authorities, DoD policies, warning statements, required dissemination controls, and examples first. Where the cited authority does not specify a handling detail, apply CUI Basic safeguards and dissemination rules so long as they do not conflict with the authority or agency-specific controls.
• Extracted authority control: (1) Correspondence and reports to or from the NRC which contain information or records concerning a licensee’s or applicant’s 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.
• Extracted authority control: ML051430228 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.
• Extracted authority control: Security-Related Information Withhold Under 10 CFR 2.390 Subject XXXXXXXXXX XXXXXXXXXX XXXXXXXXXX XXXXXXXXXX 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 Ensure Subject Line is non-sensitive Appropriate Controls Access:Need-to-know in order to perform official licensee functions.
• Extracted authority control: 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.
• Extracted authority control: 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.

Designation evidence

• DoD authority row: NRC Regulatory Issue Summary 2005-31 Revision 1. DoD lists this citation for the category; this DoD detail page does not display a separate Basic/Specified field.
• Related authority evidence: DoD lists this authority for the category; the linked authority text is extracted below when available.
• Registry designation context: Specified. The linked authority text contains category-scope or applicability language that helps determine when the information falls within this CUI category. The linked authority text contains disclosure, access, protection, release, dissemination, or distribution-control language relevant to handling. The linked authority text contains violation, penalty, sanction, or enforcement language that may affect consequences for mishandling.
• Registry designation for this category is Specified.

Extracted authority meaning

• NRC REGULATORY ISSUE SUMMARY 2005-31, REVISION 1
• Registry designation context: Specified. The linked authority text contains category-scope or applicability language that helps determine when the information falls within this CUI category. The linked authority text contains disclosure, access, protection, release, dissemination, or distribution-control language relevant to handling. The linked authority text contains violation, penalty, sanction, or enforcement language that may affect consequences for mishandling.

Operating conditions

• DoD category scope used with this authority: Information that could be useful, or could reasonably be expected to be useful, to a terrorist in a potential attack including the exact location and quantities of radioactive material, certain detailed design drawings, information on nearby facilities, emergency planning information, and certain assessments of vulnerability and safety analyses.
• DoD lists this authority for the category; the linked authority text is extracted below when available.
• NARA registry status: Specified. Per-authority NARA status values: Specified. NARA banner marking evidence: CUI//SP-SRI. The registry evidence is preserved here; detailed primary-law or regulation text analysis remains pending for this category.
• NARA category scope: Related to information that could be useful, or could reasonably be expected to be useful, to a terrorist in a potential attack that does not qualify as Safeguards or classified information, including the exact location and quantities of radioactive material, certain detailed design drawings, information on nearby facilities, emergency planning information, and certain assessments of vulnerability and safety analyses.
• DoD category scope: Information that could be useful, or could reasonably be expected to be useful, to a terrorist in a potential attack including the exact location and quantities of radioactive material, certain detailed design drawings, information on nearby facilities, emergency planning information, and certain assessments of vulnerability and safety analyses.
• DoD registry-required warning statement: Security-Related Information - Withhold Under 10 CFR 2.390
• Extracted authority condition: The NRC developed guidance in SECY-04-0191, “Withholding Sensitive Unclassified Information Concerning Nuclear Power Reactors from Public Disclosure,” dated October 19, 2004, and advised licensees in NRC Regulatory Issue Summary (RIS) 2005-26, “Control of Sensitive Unclassified Non-Safeguards Information Related to Nuclear Power Reactors,” dated November 7, 2005, on the conduct of a broad security/sensitivity review to assess whether documents associated with reactor licensees should be made publicly available in the first instance as a matter of administrative discretion.
• Extracted authority condition: Nuclear Regulatory Commission (NRC) Regulatory Issue Summary 2005-26, “Control of Sensitive Unclassified Nonsafeguards Information Related to Nuclear Power Reactors,” dated November 7, 2005, informs licensees of the appropriate handling of sensitive unclassified nonsafeguards information for decommissioning reactors.

Safeguarding and dissemination controls

• DoD required warning statement: Security-Related Information - Withhold Under 10 CFR 2.390
• Nara basic or specified: Specified
• Nara authority rows: 42 USC 2201(b) NRC RIS 2005-31, Revision 1 NRC RIS 2005-26 | status: Specified | banner: CUI//SP-SRI
• Nara banner markings: CUI//SP-SRI
• Dod required warning statement: Security-Related Information - Withhold Under 10 CFR 2.390
• No DoD required dissemination control is listed on the registry page. Apply approved limited dissemination controls only when required or permitted by the designating agency or governing authority.
• Use the registry assertions, NARA authority rows, DoD authorities, DoD policies, warning statements, required dissemination controls, and examples first. Where the cited authority does not specify a handling detail, apply CUI Basic safeguards and dissemination rules so long as they do not conflict with the authority or agency-specific controls.
• Extracted authority control: The NRC developed guidance in SECY-04-0191, “Withholding Sensitive Unclassified Information Concerning Nuclear Power Reactors from Public Disclosure,” dated October 19, 2004, and advised licensees in NRC Regulatory Issue Summary (RIS) 2005-26, “Control of Sensitive Unclassified Non-Safeguards Information Related to Nuclear Power Reactors,” dated November 7, 2005, on the conduct of a broad security/sensitivity review to assess whether documents associated with reactor licensees should be made publicly available in the first instance as a matter of administrative discretion.
• Extracted authority control: ML14352A172), the staff proposed to discontinue this policy and instead apply the NRC’s sensitive unclassified nonsafeguards information (SUNSI) policy to review, release, and withhold fire protection and emergency preparedness documents.
• Extracted authority control: - Security Potentially Withhold—Information related to security programs is generally designated as Safeguards Information or Safeguards Information—Modified Handling and is protected in a manner similar to classified confidential information.
• Extracted authority control: Nuclear Regulatory Commission (NRC) Regulatory Issue Summary 2005-26, “Control of Sensitive Unclassified Nonsafeguards Information Related to Nuclear Power Reactors,” dated November 7, 2005, informs licensees of the appropriate handling of sensitive unclassified nonsafeguards information for decommissioning reactors.
• Extracted authority control: Based on the NRC staff’s experience, most QA program holder submittals do not contain sensitive information as defined in this RIS.