ML042170123
| ML042170123 | |
| Person / Time | |
|---|---|
| Issue date: | 08/24/2004 |
| From: | Olivier J NRC/NMSS/FCSS |
| To: | |
| Olivier Julie NMSS/FCSS/FCFB 415-8098 | |
| References | |
| SECY-04-0155, NRC-2017-000643 | |
| Download: ML042170123 (8) | |
Text
OFFICIAL USE ONLY OFFICIAL USE ONLY COMMUNICATION PLAN TO REMOVE FROM PUBLIC ACCESS NUCLEAR REGULATORY COMMISSION LICENSING INFORMATION CONCERNING NUCLEAR FUEL SERVICES AND BWX TECHNOLOGIES
Background
On May 10, 2004, the Department of Energy/Naval Reactors (NR) informed the Nuclear Regulatory Commission (NRC) that documentation pertaining to the NRC licensees Nuclear Fuel Services, Inc. (NFS) and BWX Technologies, Inc. (BWXT), which had been made publicly available by the NRC should be considered, at a minimum, Official Use Only (OUO) on the basis that it constitutes sensitive unclassified information (SUI). NR requested that the NRC begin removing the information from public access. The request was in response to a search by NR on the NRC website for sensitive, unclassified information concerning these facilities, which are contracted to NR. As a result of this search, NR determined that public access to the collection of documents related to these facilities constitutes a threat to national security and, therefore, information related to NR programs needed to be removed from the public server.
The NRC accepts NRs representation of sensitivity and intends to honor its request. The staff will designate all future exchanges of unclassified information between the NRC and NFS or BWXT, which is related to the NR programs, as Official Use Only (OUO). NFS and BWXT will appropriately designate and mark all future submittals to the NRC. The NRC will also retrieve qualifying previous correspondence and remove it from public access.
For the non-NR information about these facilities (e.g., NFS BLEU project), the Office of Material Safety and Safeguards (NMSS) will coordinate with NR to ensure that certain information remains public (e.g., hearing file on NFS BLEU).
Objectives This Communication Plan has the following objectives:
- 1) to reinforce the NRCs responsibilities for handling sensitive information regarding nuclear facilities throughout the U.S.;
- 2) to provide the NRC staff with guidance for communicating with stakeholders regarding NFS and BWXT information that is withheld or is in the process of being removed from public access; and
- 3) to provide the NRC staff with guidance for communicating with stakeholders regarding NFS and BWXT information that has been removed from public access.
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Key Messages 1.
The NRC is inherently interested in ensuring that sensitive information regarding nuclear facilities throughout the U.S. does not fall into the hands of adversaries/terrorists.
2.
In light of the terrorist acts of September 11, 2002, the NRC has determined that certain information, previously released to the public, should no longer be widely available to the public.
3.
Even seemingly innocuous information, if taken individually, potentially could benefit a terrorist or adversary when viewed as a composite whole, by compiling a conglomeration of information from resources traditionally available.
4.
Pulling these documents from public access will take time, and therefore, the NRC does not want to reveal that all BWXT/NFS information is being redacted, because they may tend to frustrate the success of the action contemplated (i.e., discreet removal of the sensitive information) as a rush is made to download sensitive information that has not yet been removed. The message to the public should be, ex post facto, that a determination has been made as to what information needs to be removed and action has been taken to remove it.
5.
There should be no reference to Naval Reactors in correspondence with external stakeholders.
Audience/Stakeholders Internal:
C NMSS/Office of Fuel Cycle Safety and Safeguards (FCSS)
- provide guidance on handling new documents pertaining to NR
- coordinate document removal with Office of Chief Information Officer (OCIO) and NR
- point of contact for communications with NFS and BWXT
- respond to initial inquiries from stakeholders
- keep NR informed of progress C
OCIO
- remove documents from public access C
Office of Nuclear Security and Incident Response (NSIR)
- support NMSS and OCIO as needed
- handle initial communications with NR on information removal
- make OUO determination for the NRC documents C
NMSS (SFPO, PMDA, IMNS, DWM, RTG), NRR, Region II
- handle new correspondence appropriately
- support NMSS/FCSS on determining which documents are withheld from the public
- respond to initial inquiries from stakeholders
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C NRC Director of Communications
- respond to significant policy issues from external stakeholders
- maintain Communication Plan C
Office of the Commission, Office of the Executive Director for Operations C
- approve staff proposed actions C
Officer of General Counsel (OGC)
- provide legal advice on proposed actions
- provide guidance on handling future licensing actions
- provide guidance on handling hearing information C
Office of Public Affairs (OPA)
C
- respond to public/press inquiries C
Office of Congressional Affairs (OCA)
C
- respond to congressional inquiries C
Atomic Safety and Licensing Board Panel ( ASLBP)
C
- respond to hearing participant inquiries External:
C NR - provide guidance and justification on removal of documents C
NFS, BWXT - appropriately designate and mark new correspondence C
U.S. Congress, Homeland Security Council, Department of Homeland Security, State Liaison Officers - questions or comments will be referred to the appropriate NRC Office C
Nuclear Energy Institute - As representatives of fuel cycle licensees, they may have questions or comments which will be referred to NFS and BWXT C
Sierra Club (hearing participant) - questions or comments will be referred to OPA or to ASLBP or the OGC hearing staff (for BLEU hearing information)
C Members of the media - questions or comments will be referred to OPA C
Public citizens groups, the public at large - questions or comments will be referred to OPA
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Tools Points of
Contact:
Julie Olivier - NFS Project Manager (301)415-8098 jao@nrc.gov Billy Gleaves - BWXT Project Manager (301)415-5848 bcg@nrc.gov Wayne Burnside - Office of Nuclear Security and Incident Response (301)415-2211 wgb@nrc.gov David Ayres - Region II Contact (404)562-4711 daa1@nrc.gov Catherine Holzle - Office of General Counsel Contact on Sensitive Information (301)415-1560 cmh@nrc.gov Angela Coggins - Office of General Counsel Contact for BLEU Hearing (301)415-1574 abc1@nrc.gov David McIntyre - Office of Public Affairs Contact (301)415-8206 dtm@nrc.gov William (Bill) Outlaw - NRC Director of Communications (301)415-1897 wno@nrc.gov Tom Combs - Office of Congressional Affairs Contact (301)415-1698 trc@nrc.gov Dan Rich - NFS Senior Resident Inspector (423)735-0544 dwr1@nrc.gov Geoffrey Wertz - BWXT Senior Resident Inspector (434)847-7343 gaw@nrc.gov
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John Nagy - NFS Contact (423)473-1784 Steve Schilthelm - BWXT Contact (434) 522-6243 External Stakeholders:
C Communications with NFS and BWXT Documentation between the NRC and these licensees will now be designated OUO and marked and handled appropriately. See attached table of Communication Activities for specific actions.
C Hearing Participants (Sierra Club)
Will continue to communicate with ASLBP and the OGC hearing staff on issues related to the BLEU hearing.
C Inquiries from the Press or the Public The staff is encouraged to refer all inquiries to the NRC Director of Communications or OPA. Sample Questions and Answers are provided in Attachment 3.
C Briefings for Elected Officials Briefings to Senators or Congressmans staff will be made upon request. Briefings by the staff may also be requested by the NRC at the discretion of NMSS management and OCA.
Internal Stakeholders:
C Internal Communications To help ensure the success of communications opportunities, FCSS will maintain a high level of collaboration among the NRC Region II, NSIR, OCIO, OGC, OPA, OCA, and other NMSS staff. NMSS and/or NSIR will issue guidance to affected staff members on how to treat information pertaining to these facilities.
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Communication Activities Actions Being Taken Communications Lead NRC Office for Actions Target Completion Date Discuss NRC actions with NFS and BWXT Conference call among NFS, BWXT, NMSS, and RII to discuss NRC actions to process future information, remove information from public access, and address future communications with stakeholders NMSS 6/4/04 Completed Memo from R. Pierson to NRC staff regarding handling of all future correspondence related to NR Provide memo to staff stating that all future correspondence regarding NFS and BWXT NR programs should be OUO and marked and handled appropriately NMSS 6/15/04 Completed Initiate removal of information from public access in accordance with action plan Staff to respond to initial inquiries and refer further inquiries to Bill Outlaw OCIO 6/15/04 Completed Commission TA Briefing Brief the Commission TAs on the action plan, communication plan, and policy issues NMSS/NSIR 6/17/04 Completed Provide a response to NRs May 10, 2004, letter to G.
Tracy and include NRCs action plan Letter from NSIR to NR NSIR 6/18/04 Completed SECY Paper Provide the Commission a paper recommending the removal of information from public access, concerns that need to be addressed, and policy issues NMSS 7/2/04 Complete removal of information from public access in accordance with action plan (refer to the estimated schedule in SECY paper)
Direct all further inquiries to Bill Outlaw, OPA, or OCA, as appropriate OCIO TBD
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Potential Questions and Answers 1.
Why cant I access information about your licensee(s) NFS and/or BWXT?
Given the threat environment that exists in the United States since the September 11 terrorist attacks, it has been determined that certain information, previously available to the public, is considered sensitive unclassified information (SUI) and the NRC will no longer make it publicly available.
2.
Why did it take the NRC so long to make this determination?
The NRC began evaluating public information shortly after the September 11 attacks, and is engaged in ongoing efforts to assess information in its possession to ensure the maximum amount of public access to information in its custody, consistent with security interests. These efforts are expected to continue into the foreseeable future. This may result in further identification of information that needs to be removed from public access that was, heretofore, publicly available.
3.
Is all information about these sites being removed from public access?
A determination has been made that security interests require certain information to be withheld from public disclosure. Accordingly, the information has been removed from public access. We are not at liberty to discuss the details of the determination.
4.
Why is NFS and BWXT information sensitive?
A determination has been made that, due to security interests, certain information regarding these facilities may not be shared with the public because of its sensitivity.
We are not authorized to discuss the details of the determination.
5.
Does the NRC intend to re-release the information?
At this time, there are no plans to re-release any information.
6.
Can I obtain the redacted information through the FOIA process?
A determination has been made that this information has security implications, and the NRC is withholding it from public disclosure under Exemption 2 of the FOIA. However, with respect to any FOIA requests the NRC receives for the information, the NRC is obliged to review the redacted information for compliance with legal requirements under the applicable FOIA law at the time the request is received.
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7.
What should I do with the NFS/BWXT information that I have? Do I need to return it to the NRC?
The NRC is not requiring the return of information, however, it is suggested that you do not distribute either the document or the information contained in the document.
Destruction of the information by the party in possession is preferred, through any manner of disposal that makes it impossible to read. If you prefer to return it, please send your copies to the NFS or BWXT Project Manager (Julie Olivier or Bill Gleaves).
8.
Who can I contact for more information?
For press or general public inquiries, contact David McIntyre in OPA at (301)415-8206 or by email at dtm@nrc.gov or William (Bill) Outlaw, NRC Director of Communications at (301)415-1897 or by email at wno@nrc.gov.
For congressional inquiries, contact Tom Combs in OCA at (301)415-1698 or via email to trc@nrc.gov.
9.
Who can I contact at NFS or BWXT?
John Nagy, NFS (423)473-1784 Steve Schilthelm, BWXT (434) 522-6243