OMB Watch submitted comments to the Nuclear Regulatory Commission (NRC) yesterday, criticizing its Feb. 11 proposed rule on sensitive but unclassified information. The agency's proposed amendments for 'Safeguards Information' and 'Safeguards Information-Modified' are extremely vague and would hide vast amounts of information from public purview, reducing access and accountability at the already secretive agency. Under the Atomic Energy Act of 1954, the agency has the authority to withhold information it believes poses a threat to public health and safety by labeling it as Safeguards Information (SGI). In this rulemaking, NRC proposes changes to the existing SGI regulations and proposes secrecy provisions for a new category of information -- Safeguards Information-Modified (SGI-M) -- that it asserts poses a lesser risk if released. Unfortunately, much of the information the agency recommends concealing actually helps communities hold nuclear facilities and the government accountable, and also enables the public participate in dialogues about safety at nuclear facilities. The agency's efforts to reduce security risks through this rulemaking could actually increase safety risks for the public. Specifically, OMB Watch recommended NRC:

• Remove the new language that exempts safety analyses and emergency planning procedures from disclosure, as this information is vital to the public interest;
• Remove references to the Design Basis Threat from this rulemaking, or if included describe in greater detail exactly what will be covered under this provision;
• Ensure that the language in its final rule does not undermine the Atomic Energy Act by narrowing disclosure requirements;
• Establish procedures for reviewing or appealing the status of SGI or SGI-M so that information that no longer qualifies as SGI or SGI-M are removed from protected status and released to the public;
• Restore the provision allowing the release of information concerning weaknesses and problems that have already been corrected; and
• Eliminate the new and unnecessary category SGI-M for lower-risk information or at least define exactly what materials and above what minimum quantities these safeguards would apply.

The detailed comments are available in pdf form, and a previous article from OMB Watch on this topic is also available at this webpage. Others have noted NRC's proposed rule on SGI as one of the many instances of increasing secrecy at the agency. Rep. Edward Markey (D-MA) sent a letter to the Inspector General (IG) of the NRC requesting an investigation into the agency's activities restricting public access to unclassified information. Markey asked the IG to evaluate the SGI expansion, as well as how the agency is blocking public access to meetings, unclassified reports, and other information routinely used by public interest groups and community advocates. Markey's letter can be accessed through his website.