Final Memorandum of Understanding Between the Nuclear Regulatory Commission and the State of Kansas

NUCLEAR REGULATORY COMMISSION

Final Memorandum of Understanding Between the Nuclear Regulatory

Commission and the State of Kansas

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 Kansas. The MOU provides the basis

for mutually agreeable procedures whereby the State of Kansas may

utilize the NRC Emergency Response Data System (ERDS) to receive data

during an emergency at a commercial nuclear power plant in Kansas.

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 January 24, 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, NW. (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) 492-4155

or (301) 492-7836.

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

which the NRC will cooperate with the State of Kansas to provide data

related to plant conditions during emergencies at commercial nuclear

power plants in Kansas.

Dated at Rockville, Maryland, this 7th day of February, 1994.

For the Nuclear Regulatory Commission.

Edward L. Jordan,

Director, Office for Analysis and Evaluation of Operational Data.

Agreement Pertaining to the Emergency Response Data System Between the

State of Kansas and the U.S. Nuclear Regulatory Commission

I. Authority

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

Kansas enter into this Agreement under the authority of Section 274i of

the Atomic Energy Act of 1954, as amended.

Kansas 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 (NCR) 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

States 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. Kansas 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 Kansas Department of

Health and Environment(KDHE) and the Kansas Division of Emergency

Preparedness(KDEP) of the Adjutant General's Department.

III. Scope

A. This Agreement defines the way in which NRC and KDHE and KDEP

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 Kansas.

B. It is understood by the NRC and the State of Kansas 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 Kansas, 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;

nor is anything in this Agreement intended to restrict or expand the

authority of the State of Kansas on matters not within the scope of

this Agreement.

D. Nothing in this Agreement confers upon the State of Kansas

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 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 retransmit 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 Kansas 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 Kansas. 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. Kansas General Responsibilities

A. KDHE will, in cooperation with the NRC, establish a capability

to receive ERDS data. To this end, KDHE will provide the necessary

computer hardware and commercially licensed software required for ERDS

data transfer to users.

B. KDHE 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.

C. For the purpose of minimizing the impact on plant operators,

clarification of ERDS data will be pursued through the NRC.

VI. Implementation

KDHE, KDEP, 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. KDHE, KDEP, and the NRC agree in good faith to make available to

each other information within the intent and scope of this Agreement.

B. NRC, KDHE and KDEP 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, KDHE and KDEP 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 KDHE by the NRC. KDHE 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, KDHE 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, Division of Operational Assessment, Office for

Analysis and Evaluation of Operational Data, and the Chief,

Environmental Radiation and Emergency Preparedness Section, Bureau of

Air and Radiation and the Technological Hazards Administrator,

Technological Hazards Program, Kansas Division of Emergency

Preparedness, Adjutant General's Department. These individuals may

designate appropriate staff representatives for the purpose of

administering this Agreement.

B. Identification of these contacts is not intended to restrict

communication between NRC, KDHE and KDEP staff members on technical and

other day-to-day activities.

VIII. Resolution of Disagreements

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

Agreement, NRC, KDHE and KDEP will work together to resolve these

differences.

B. Resolution of differences between the State and NRC staff over

issues arising out of this Agreement will be the initial responsibility

of the NRC Division of Operational Assessment 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

for 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 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.

For the U.S. Nuclear Regulatory Commission,

Dated: December 29, 1993.

James M. Taylor,

Executive Director for Operations.

For the State of Kansas,

Dated: January 19, 1994.

Harold L. Spiker,

Chief, Environmental Radiation & Emergency, Preparedness Section, KDHE.

Dated: January 20, 1994.

Frank Moussa,

Technical Hazards Administrator, Kansas Division of Emergency

Preparedness.

Dated: January 24, 1994.

Robert C. Harder,

Secretary, KDHE.

[FR Doc. 94-3375 Filed 2-11-94; 8:45 am]

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