Final Memorandum of Understanding Between the U.S. Nuclear Regulatory Commission and the State of New Hampshire

NUCLEAR REGULATORY COMMISSION

Final Memorandum of Understanding Between the U.S. Nuclear

Regulatory Commission and the State of New Hampshire

AGENCY: Nuclear Regulatory Commission.

ACTION: Notice.

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SUMMARY: This notice is to advise the public of the issuance of a Final

Memorandum of Understanding (MOU) between the U.S. Nuclear Regulatory

Commission (NRC) and the State of New Hampshire. The MOU provides the

basis for mutually agreeable procedures whereby the State of New

Hampshire may utilize the NRC Emergency Response Data System (ERDS) to

receive data during an emergency at a commercial nuclear power plant in

New Hampshire. Public comments were addressed in conjunction with the

MOU with the State of Michigan published in the Federal Register Vol.

57, No. 28, February 11, 1992.

EFFECTIVE DATE: This MOU is effective September 7, 1994.

ADDRESSES: Copies of all NRC documents are available for public

inspection and copying for a fee in the NRC Public Document Room, 2120

L Street, N.W. (Lower Level), Washington, DC.

FOR FURTHER INFORMATION CONTACT: John R. Jolicoeur or Eric Weinstein,

Office for Analysis and Evaluation of Operational Data, U.S. Nuclear

Regulatory Commission, Washington, DC 20555. Telephone (301) 415-6402

or (301) 415-7559.

This attached MOU is intended to formalize and define the manner in

which the NRC will cooperate with the State of New Hampshire to provide

data related to plant conditions during emergencies at commercial

nuclear power plants in New Hampshire. Dated at Rockville, Maryland,

this 6th day of October, 1944.

For the Nuclear Regulatory Commission.

Edward L. Jordan,

Director, Office for Analysis and Evaluation of Operational Data.

Pertaining to the Emergency Response Data System Between the State of

New Hampshire Office of Emergency Management and the U.S. Nuclear

Regulatory Commission

I. Authority

The U.S. Nuclear Regulatory Commission (NRC) and the State of New

Hampshire enter into this AGREEMENT under the authority of Section 274i

of the Atomic Energy Act of 1954, as amended.

New Hampshire recognizes the Federal Government, primarily the NRC,

as having the exclusive authority and responsibility to regulate the

radiological and national security aspects of the construction and

operation of nuclear production or utilization facilities, except for

certain authority over air emissions granted to States by the Clean Air

Act.

II. Background

A. The Atomic Energy Act of 1954, as amended, and the Energy

Reorganization Act of 1974, as amended, authorize the Nuclear

Regulatory Commission (NRC) to license and regulate, among other

activities, the manufacture, construction, and operation of utilization

facilities (nuclear power plants) in order to assure common defense and

security and to protect the public health and safety. Under these

statutes, the NRC is the responsible agency regulating nuclear power

plant safety.

B. NRC believes that its mission to protect the public health and

safety can be served by a policy of cooperation with State governments

and has formally adopted a policy statement on ``Cooperation with State

at Commercial Nuclear Power Plants and Other Nuclear Production or

Utilization Facilities'' (54 FR 7530, February 22, 1989). The policy

statement provides that NRC will consider State proposals to enter into

instruments of cooperation for certain programs when these programs

have provisions to ensure close cooperation with NRC. This agreement is

intended to be consistent with, and implement the provisions of the

NRC's policy statement.

C. NRC fulfills its statutory mandate to regulate nuclear power

plant safety by, among other things, responding to emergencies at

licensee's facilities and monitoring the status and adequacy of the

licensee's responses to emergency situations.

D. New Hampshire fulfills its statutory mandate to provide for

preparedness, response, mitigation, and recovery in the event of an

accident at a nuclear power plant through the New Hampshire

Radiological Emergency Response Plan.

A. This Agreement defines the way in which NRC and New Hampshire

will cooperate in planning and maintaining the capability to transfer

reactor plant data via the Emergency Response Data System during

emergencies at nuclear power plants in the State of New Hampshire.

B. It is understood by the NRC and the State of New Hampshire that

ERDS data will only be transmitted by a licensee during emergencies

classified at the Alert level or above, during scheduled tests, or

during exercises when available.

C. Nothing in this Agreement is intended to restrict or expand the

statutory authority of NRC, the State of New Hampshire or to affect or

otherwise alter the terms of any agreement in effect under the

authority of Section 274b of the Atomic Energy Act of 1954, as amended;

not is anything in this Agreement intended to restrict or expand the

authority of the State of New Hampshire on matters not within the scope

of this Agreement.

D. Nothing in this Agreement confers upon the State or New

Hampshire authority to (1) interpret or modify NRC regulations and NRC

requirements imposed on the licensee; (2) take enforcement actions; (3)

issue confirmatory letters; (4) amend, modify, or revoke a license

issued by NRC; or (5) direct or recommend nuclear power plant employees

to take or not to take any action. Authority for all such actions is

reserved exclusively to the NRC.

IV. NRC's General Responsibilities

Under this Agreement, NRC is responsible for maintaining the

Emergency Response Data System (ERDS). ERDS is a system designed to

receive, store, and re-transmit data from in-plant data systems at

nuclear power plants during emergencies. The NRC will provide user

access to ERDS data to one user terminal for the State of New Hampshire

during emergencies at nuclear power plants which have implemented an

ERDS interface and for which any portion of the plant's 10 mile

Emergency Planning Zone (EPZ) lies within the State of New Hampshire.

The NRC agrees to provide unique software already available to NRC (not

commercially available) that was developed under NRC contract for

configuring an ERDS workstation.

V. New Hampshire's General Responsibilities

A. New Hampshire will, in cooperation with the NRC, establish a

capability to receive ERDS data. To this end, New Hampshire will

provide the necessary computer hardware and commercially licensed

software required for ERDS data transfer to users.

B. New Hampshire agrees not to use ERDS to access data from nuclear

power plants for which a portion of the 10 mile Emergency Planning Zone

does not fall within its State boundary. Clarification of ERDS data

will be pursued through the NRC.

VI. Implementation

New Hampshire and the NRC agree to work in concert to assure that

the following communications and information exchange protocol

regarding the NRC ERDS are followed.

A. New Hampshire and the NRC agree in good faith to make available

to each other information within the intent and scope of this

Agreement.

B. NRC and New Hampshire agree to meet as necessary to exchange

information on matters of common concern pertinent to this Agreement.

Unless otherwise agreed, such meetings will be held in the NRC

Operations Center. The affected utilities will be kept informed of

pertinent information covered by this Agreement.

C. To preclude the premature public release of sensitive

information, NRC and New Hampshire will protect sensitive information

to the extent permitted by the Federal Freedom of Information Act, the

State Freedom of Information Act, 10 CFR 2.790, and other applicable

authority.

D. NRC will conduct periodic tests of licensee ERDS data links. A

copy of the test schedule will be provided to New Hampshire by the NRC.

New Hampshire may test its ability to access ERDS data during these

scheduled tests, or may schedule independent tests of the State link

with the NRC.

E. NRC will provide access to ERDS for emergency exercises with

reactor units capable of transmitting exercise data to ERDS. For

exercises in which the NRC is not participating, New Hampshire will

coordinate with NRC in advance to ensure ERDS availability. NRC

reserves the right to preempt ERDS use for any exercise in progress in

the event of an actual event at any licensed nuclear power plant.

VII. Contacts

A. The principal senior management contacts for this Agreement will

be the Director, Incident Response Division, Office for Analysis and

Evaluation of Operational Data, and the Chief, Technological Hazard

Section of the New Hampshire Office of Emergency Management. These

individuals may designate appropriate staff representatives for the

purpose of administering this Agreement.

B. Identification of these contacts is not intended to restrict

communications between NRC and New Hampshire staff members on technical

and other day-to-day activities.

A. If disagreements arise about matters within the scope of this

Agreement, NRC and New Hampshire will work together to resolve these

differences.

B. Resolution of differences between the State of New Hampshire and

NRC staff over issues arising out of this Agreement will be the initial

responsibility of the NRC Incident Response Division management.

C. Differences which cannot be resolved in accordance with Sections

VIII.A and VIII.B will be reviewed and resolved by the Director, Office

of Analysis and Evaluation of Operational Data.

D. The NRC's General Counsel has the final authority to provide

legal interpretation of the Commission's regulations.

IX. Effective Date

This Agreement will take effect after it has been signed by both

parties.

X. Duration

A formal review, not less than one (1) year after the effective

date, will be performed by the NRC to evaluate implementation of the

Agreement and resolve any problems identified. This Agreement will be

subject to periodic reviews and may be amended or modified upon written

agreement by both parties, and may be terminated upon 30 days written

notice by either party.

XI. Separability

If any provision(s) of this Agreement, or the application of any

provision(s) to any person or circumstances is held invalid, the

remainder of this Agreement and the application of such provisions to

other persons or circumstances will not be affected.

Dated: August 30, 1994.

For the U.S. Nuclear Regulatory Commission.

James M. Taylor,

Executive Director for Operations.

Dated: September 7, 1994.

For the State of New Hampshire.

George L. Iverson,

Director, New Hampshire Office of Emergency Management.

[FR Doc. 94-25589 Filed 10-14-94; 8:45 am]

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