10 C.F.R. § 73.21

Protection of Safeguards Information: Performance requirements

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(a) General performance requirement. (1) Each licensee, certificate holder, applicant, or other person who produces, receives, or acquires Safeguards Information (including Safeguards Information with the designation or marking: Safeguards Information—Modified Handling) shall ensure that it is protected against unauthorized disclosure. To meet this general performance requirement, such licensees, certificate holders, applicants, or other persons subject to this section shall:

(i) Establish, implement, and maintain an information protection system that includes the applicable measures for Safeguards Information specified in § 73.22 related to: Power reactors; a formula quantity of strategic special nuclear material; transportation of or delivery to a carrier for transportation of a formula quantity of strategic special nuclear material or more than 100 grams of irradiated reactor fuel; uranium hexafluoride production or conversion facilities; fuel fabrication facilities; uranium enrichment facilities; independent spent fuel storage installations; and geologic repository operations areas.

(ii) Establish, implement, and maintain an information protection system that includes the applicable measures for Safeguards Information specified in § 73.23 related to: non-power reactors that possess special nuclear material of moderate strategic significance or special nuclear material of low strategic significance.

(iii) Protect the information in accordance with the requirements of § 73.22 if the Safeguards Information is not described in paragraphs (a)(1)(i) and (a)(1)(ii) of this section.

(2) Information protection procedures employed by Federal, State, Tribal, and local law enforcement agencies are presumed to meet the general performance requirement in paragraph (a)(1) of this section.

(b) Commission authority. (1) Pursuant to Section 147 of the Atomic Energy Act of 1954, as amended, the Commission may impose, by order or regulation, Safeguards Information protection requirements different from or in addition to those specified in this Part on any person who produces, receives, or acquires Safeguards Information.

(2) The Commission may require, by regulation or order, that information within the scope of Section 147 of the Atomic Energy Act of 1954, as amended, related to facilities or materials not specifically described in §§ 73.21, 73.22 or 73.23 be protected under this part.

[73 FR 63574, Oct. 24, 2008, as amended at 77 FR 34205, June 11, 2012; 79 FR 58671, Sept. 30, 2014; 89 FR 106253, Dec. 30, 2024]

Notes of Decisions

Cited in 3 cases, 2004–2009 · leading case: Pub. Citizen v. Nuclear Regulatory Comm'n, 573 F.3d 916 (9th Cir. 2009).

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Pub. Citizen v. Nuclear Regulatory Comm'n, 573 F.3d 916 (9th Cir. 2009). · cites it 2× “§§ 2167 , 2201(i); see also 10 C.F.R. § 73.21 . The APA also exempts from the general rule information it is specifically authorized to withhold from public scrutiny.”

Tobias v. First Energy Nuclear Operating Co., 302 F. Supp. 2d 849 (N.D. Ohio 2004). “55(d)(5) and 10 C.F.R § 73.21. 2 . Tobias was granted unescorted access at the San Onofre Nuclear Power Plant from April 2002 until July 2002.”

Pub. Citizen v. Nrc (9th Cir. 2009). “§§ 2167 , 2201(i); see also 10 C.F.R. § 73.21 . The APA also exempts from the gen- eral rule information it is specifically authorized to withhold from public scrutiny.”

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