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

NUCLEAR REGULATORY COMMISSION

Final Memorandum of Understanding Between the U.S. Nuclear

Regulatory Commission and the State of Wisconsin

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

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Wisconsin. The MOU provides the basis for mutually agreeable procedures

whereby the State of Wisconsin may utilize the NRC Emergency Response

Data System (ERDS) to receive data during an emergency at a commercial

nuclear power plant in Wisconsin. 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 August 9, 1996.

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) 415-6383 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 Wisconsin to provide

data related to plant conditions during emergencies at commercial

nuclear power plants in Wisconsin.

Dated at Rockville, Maryland, this 27th day of September, 1996.

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 Wisconsin and the U.S. Nuclear Regulatory Commission

I. Authority

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

Wisconsin, herein after referred to as Wisconsin, enter into this

Agreement under the authority of Section 274i of the Atomic Energy Act

of 1954, as amended.

Wisconsin 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

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. Wisconsin 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 ``State of Wisconsin

Radiological Incident Response Plan''.

III. Scope

A. This Agreement defines the way in which NRC and Wisconsin 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 Wisconsin.

B. It is understood by the NRC and Wisconsin 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, Wisconsin, 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

Wisconsin on matters not within the scope of this Agreement.

D. Nothing in this Agreement confers upon Wisconsin 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 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 Wisconsin 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 Wisconsin. 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. Wisconsin's General Responsibilities

A. Wisconsin will, in cooperation with the NRC, establish a

capability to receive ERDS data. To this end, Wisconsin will provide

the necessary computer hardware and commercially licensed software

required for ERDS data transfer to users.

B. Wisconsin 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 specific data will be pursued through the NRC.

VI. Implementation

Wisconsin 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. Wisconsin 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 Wisconsin 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

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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 Wisconsin 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 Wisconsin by the NRC.

Wisconsin 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, Wisconsin 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 Director, Bureau of Public

Health, Division of Health, Department of Health and Family Services,

State of Wisconsin. 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 and Wisconsin 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 and Wisconsin 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 Incident Response Division management.

C. Differences which cannot be resolved in accordance with Sections

VII. A and VII. 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: August 9, 1996.

James M. Taylor,

Executive Director for Operations.

For the State of Wisconsin.

Dated: August 9, 1996.

Kenneth Baldwin,

Director, Bureau of Public Health.

[FR Doc. 96-25342 Filed 10-2-96; 8:45 am]

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