The topical guidelines in this document concern
the Department of Energy (DOE) program for New Production Reactors
(NPR). These guidelines are the bases for:
- 1. Internal guidelines which specify what information
pertaining to the NPR program is Unclassified Controlled Nuclear
Information (UCNI).
- 2. Determinations made by a Reviewing Official that a document
or material contains, does not contain, or no longer contains UCNI.
- 3. Determinations made by a Denying Official to deny the
public release of portions of a document or material containing UCNI
when the public release of the document or material has been requested
under a statute (e.g., the Freedom of Information Act) or Executive
order.
- 4. Preliminary review determinations made under DOE Order 5650.3A
that certain unclassified documents or material may contain UCNI. Such
documents or material require review by a Reviewing Official prior to
further dissemination.
- 1. The DOE has been directed via section 148 of the Atomic
Energy Act of 1954, as amended, to prohibit the unauthorized
dissemination of certain unclassified information (termed UCNI)
concerning atomic energy defense programs which pertains to:
- a. the design of nuclear production or utilization facilities;
- b. security measures for such facilities, nuclear materials
contained in such facilities, or in transit; or
- c. the design, manufacture, or utilization of any nuclear
weapon or component if the information in question was once declassified
or removed from the Restricted Data category pursuant to section 142 of
the Atomic Energy Act.
- 2. In order for information related to the above categories to
be controlled as UCNI under section 148, it must be determined that its
unauthorized dissemination could reasonably be expected to have a
significant adverse effect on the health and safety of the public or the
common defense and security by significantly increasing the likelihood
of:
- a. the illegal production of nuclear weapons; or
- b. the theft, diversion, or sabotage of nuclear materials,
equipment, or facilities.
- 1. General.
The basic policy for controlling unclassified information relating to
the NPR program is to make as much information as possible publicly
available to inform the public, while at the same time controlling that
unclassified Government information which, if released, could result in
the adverse effects described in paragraph B.2., above. In controlling
such information, only the minimum restrictions needed to protect the
health and safety of the public or the common defense and security shall
be applied to prohibit the dissemination of UCNI. Unclassified
information prohibited or exempt from control as UCNI shall not be
controlled as UCNI (see references 2 or 5).
- 2. Relationship to Classification.
Many topics in this and other guidelines relate to information that is
classified. In such instances, the information is classified and not
UCNI. Any information under consideration as UCNI must be reviewed to
ensure it is unclassified, and therefore, eligible for control as UCNI.
- 3. Government Information.
Information must be (a) owned
by, (b) produced by or for, or (c) otherwise controlled by the United
States Government in order to be controlled as UCNI.
- 4. Widely
Disseminated Document or Material.
Any document or material which has been, is, or will be widely and
irretrievably disseminated into the public domain, as determined by a
Reviewing Official, and whose dissemination was not, is not, or will not
be under the control of the Government is exempt from control under
these guidelines regardless of its content. However, the fact that
information is in the public domain is not a sufficient basis for
determining that similar or updated Government-owned and -controlled
information contained in another document or material is not or is no
longer UCNI. Rather, case-by-case determinations are required.
- 5. Release of Information.
- a. Information determined to be unclassified and not UCNI is not
automatically approved for release to the public. Unclassified
information may be subject to other limitations on distribution (e.g.,
proprietary information, export control laws and regulations, the
Privacy Act, other exemptions under the Freedom of Information Act,
etc.). Review of all applicable regulations as required by the
specifics of each case is the responsibility of the official authorizing
the release.
- NOTE: Unclassified information about the NPR program
should not be given gratuitous distribution and should not be released
outside of the DOE without the approval of the Office of Classification
(SA-20).
These topical guidelines have been approved by the Director, Office
of Classification (SA-20), under paragraph 7h(5) of DOE Order 5650.3A.
- 1. These guidelines apply to "New Production Reactors
(NPR)" and also to facilities, equipment, and activities required to
support NPR functions. They are generally intended to provide guidance
concerning facilities and equipment designed exclusively in response to
NPR requirements but, in some instances, may concern existing
facilities. Information concerning existing facilities that may be used
in the future to support the NPR should be reviewed in light of topical
or site-specific internal UCNI guidelines applicable to such existing
facilities, where available. Where approved guidelines are not
available, these guidelines apply to the use of existing facilities,
equipment, or activities to support the NPR program. The agency
decision in September 1992 to postpone indefinitely work on the NPR
program has not affected the status of information previously determined
to be UCNI. This topical guideline continues to provide (along with
other general, topical, and internal guidelines) a basis for document
reviews.
- 2. These guidelines do not apply to classified information.
Appropriate classification guides (CG-PR-2, CG-TSS-2, CG-SS-2, PR-18,
CG-TPT-1 (Rev.), etc.) provide guidance and must be consulted regarding
information that is classified under statute or Executive order.
- 1. Review and Denial of Documents and Material.
- a. A Reviewing Official shall base his or her review
determination that a document or material contains, does not contain, or
no longer contains UCNI on general guidelines, these topical guidelines,
or internal guidelines authorized for his or her use.
- b. A Denying Official shall base his or her determination to
deny the public release of all or portions of a document or material
containing UCNI on general guidelines, these topical guidelines, or on
internal guidelines authorized for his or her use.
- c. A person other than a Reviewing Official may make a
preliminary determination that information may be, or a document or
material may contain, UCNI based on these topical guidelines if the
person:
(1) Is the originator of a newly generated document or material;
or
(2) Has cognizance over the information.
- d. Prior to any person basing a determination on these
topical guidelines or any other UCNI guidelines, the person shall insure
that the specific information under consideration for control as UCNI is
not classified.
- 2. Internal Guidelines.
- a. Internal guidelines shall be based on general guidelines
and on these and other topical guidelines.
- b. All internal guidelines shall be approved by SA-20.
- c. As approved topical guidelines, this document will be listed in
the approved General Guidelines document.
These guidelines are issued by the Director, Office of
Classification (SA-20), Headquarters, DOE. Comments and recommendations
concerning these guidelines should be sent to SA-20. Requests to be
added to or removed from the distribution list for these guidelines
should be sent to the Director, Office of Classification, SA-20, U.S.
Department of Energy, 19901 Germantown Road, Germantown, Maryland 20874.
A Reviewing Official may recommend to SA-20 new subject areas, new topics,
or revisions to existing topics for inclusion in general or topical
guidelines. A determination by (1) the originator of a document or
material, or (2) a person having cognizance over information in a
document or material that a document or material may contain UCNI is one
source for such recommendations. SA-20 shall review these
recommendations and, if appropriate, initiate the formal process to
revise existing guidelines based on such recommendations.
- The Atomic Energy Act of 1954, as amended (42 U.S.C.
2011 et seq.), which is the statutory basis for UCNI.
- 10 CFR Part 1017, "Identification and Protection of
Unclassified Controlled Nuclear Information," which implements section
148 (42 U.S.C. 2168) of the Atomic Energy Act of 1954.
- DOE 5633.3, Control and Accountability of Nuclear Materials,
of 2-3-88, which contains the basic principles and requirements for the
control and accountability of nuclear materials.
- DOE 5635.4, Protection of Unclassified Controlled Nuclear
Information, of 2-3-88, which establishes policies, procedures, and
responsibilities for the protection of UCNI.
- DOE 5650.3A, Identification of Unclassified Controlled
Nuclear Information, of 6-8-92, which establishes policies, procedures,
and responsibilities for the identification of UCNI.
- The Freedom of Information Act (FOIA) (5 U.S.C. 552), which
establishes policies and procedures concerning the release of
information in Government documents and material to the public.
- DOE 1700.1, Freedom of Information Program, of 11-19-79,
which establishes guidelines and procedures for processing requests made
to the DOE under the FOIA.
- GG-2, Unclassified Controlled Nuclear Information General
Guidelines, the document which gives the approved guidelines upon which
all topics in this document are based.
- CG-PR-2, Classification Guide for Production Reactors and
Related Operations, dated September 1985.
- CG-TPT-1 (Rev.), Tritium Production and Processing
Technology Classification Guide, dated August 1978.
- CG-SS-2, July 1990, Safeguards and Security Classification
Guide.
- CG-TSS-2, January 1991, DOE Transportation Safeguards System.
- PR-18, Classification Bulletin, Replacement Production
Reactor Plans and Studies.
- TG-FSSS-1, September 1992, UCNI Topical Guidelines for Fixed
Site Safeguards and Security.
Each UCNI topical guideline topic which indicates information is
UCNI must have its basis identified. This is done by including at the
end of a topic a citation to the appropriate general guideline topic
(e.g., GG Number 5, 19, etc.) listed in the UCNI General Guideline
document, currently GG-2. In addition, each UCNI topical guideline
topic must also cite a unique identification number so that it may
itself be cited as a basis for internal guideline topics. For example:
- B.1 This is a simulated topical guideline topic followed by a
citation to the general guideline topic upon which it is
based and to its own identification number (Basis:
GG Number 5; ID No.: NPR Number 1) . . . . . . . . . . . . . . . . UCNI
Topic Number NPR ID Number
----------------- -------------
II.B.1. 1
II.B.1.a. 2
II.B.1.b. 3
II.B.1.c. 4
II.B.1.d. 5
II.B.1.e. 6
II.B.1.f. 7
II.B.1.g. 8
II.B.1.g.(1) 9
II.B.3. 10
II.B.3.a. 11
II.D.1. 12
Table of
Contents
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