CONFIDENTIAL TREATMENT OF SECURITY
The purpose of these rules is to protect the confidentiality of information submitted to the Energy Facility Siting Council and the Oregon Office of Energy regarding security programs for nuclear-fueled power plants, nuclear installations, and the transportation of radioactive materials to and from such facilities, and, to the extent possible, maximize information available to the public regarding the nuclear fuel cycle.
These rules are promulgated concurrently by the Council and the Director pursuant to their respective rulemaking authorities contained in ORS Chapter 183, ORS 469.040, 469.470, 469.501 to 469.507, 469.530, 469.560 and ORS 192.500, in order to implement their joint responsibility under ORS 469.530.
(1) "Council" means the Energy Facility Siting Council established by ORS 469.450.
(2) "Director" means the Administrator of the Oregon Office of Energy.
(3) "Nuclear Installation" shall have the meaning set forth in ORS 469.300.
(4) "Person" shall have the meaning set forth in ORS 469.300.
(5) "Security Program" means any plan or procedure the primary function of which is to protect nuclear power plants, nuclear installations, transportation and storage of new or irradiated nuclear fuel elements, or transportation and storage of fissile material against any deliberate act which could directly endanger the public health and safety including exposure to radiation, including, but not limited to, the means for:
(a) Controlling entry to the site or portions of the site of fixed installations;
(b) Deterring or discouraging penetrations of sites or carriers by unauthorized persons;
(c) Detecting such penetrations in the event they occur;
(d) Apprehending in a timely manner unauthorized persons or authorized persons acting in a manner constituting a threat of sabotage or theft;
(e) Providing for appropriate authorities to take custody of violators.
(6) "Fissile Material" means fissile plutonium, uranium-233, and uranium-235 in any combination sufficient to cause (gm Pu/200 gm) + (gm U-233/200 gm) + (gm U-235 (contained in uranium enriched to more than 20% in U-235)/350 gm) to be greater than unity.
(7) "Safeguards Information (SI)" means information which specifically identifies detailed:
(a) Security measures for the protection of special nuclear material; or
(b) Security measures for the physical protection and location of certain plant equipment vital to the safety of production or utilization facilities such as nuclear power plants.
Confidential Treatment Required
Information submitted by any person pursuant to ORS 469.530 for review and approval by the Council and Director shall, to the extent it falls within the definition of "security program" in OAR 330-030-0015, or Safeguards Information in 330-030-0015, be received and maintained in strict confidentiality. The Council and Director shall take all reasonable precautions to:
(1) Limit the number of persons within the Office of Energy having access to such information; and
(2) Physically safeguard such information.
Releases of Non-Confidential Information
In reviewing information submitted to them under ORS 469.530, the Council and Director shall jointly determine whether specific portions of such information are not within the definition of "security program" in OAR 330-030-0015, and promptly arrange for the physical segregation and public availability of all information not entitled to confidential treatment.
Public Statements and Security Programs
(1) Upon completing their review and approval of a security program and modifications to the program, the Council and Director shall promptly issue a joint statement which describes, without directly or indirectly breaching the confidentiality of the security program:
(a) The nature and scope of the review conducted;
(b) The adequacy of the security program; and
(c) A general description of the security measures.
(2) In the event of discovery of noncompliance with approved security programs, the Council and Director will issue a joint statement describing the general nature of the noncompliance. However, this statement shall not directly or indirectly breach the confidentiality of the security program.