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

NUCLEAR REGULATORY COMMISSION

Final Memorandum of Understanding Between the U.S. Nuclear

Regulatory Commission and the State of Vermont

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 Vermont. The MOU provides the basis

for mutually agreeable procedures whereby the State of Vermont may

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

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

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 December 10, 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, N.W. (Lower Level), Washington, DC.

FOR FURTHER INFORMATION CONTACT: John R. Jolicoeur or Eric D.

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.

SUPPLEMENTARY INFORMATION: The attached MOU is intended to formalize

and define the manner in which the NRC will cooperate with the State of

Vermont to provide data related to plant conditions during emergencies

at commercial nuclear power plants in Vermont.

Dated at Rockville, Maryland, this 28th day of January, 1997.

For the U.S. Nuclear Regulatory Commission.

Denwood F. Ross, Jr.,

Acting Director, Office for Analysis and Evaluation of Operational

Data.

Agreement Pertaining to the Emergency Response Data System Between the

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

I. Authority

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

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

of the Atomic Energy Act of 1954, as amended.

The State of Vermont 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 the 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 the

licensee's facilities and monitoring the status and adequacy

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of the licensee's responses to emergency situations.

D. The State of Vermont 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 Vermont

Emergency Management, Radiological Emergency Response Program.

III. Scope

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

Emergency Management will cooperate in planning and maintaining the

capability to transfer reactor plant data via the Emergency Response

Data System (ERDS) during emergencies at nuclear power plants in the

State of Vermont.

B. It is understood by the NRC and the State of Vermont 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 Vermont, or to affect or

otherwise alter the terms of any agreement in effect under the

authority 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 Vermont on matters not within the scope of

this Agreement.

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

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 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 Vermont 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 Vermont. 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. Vermont Emergency Management's General Responsibilities

A. Vermont Emergency management will, in cooperation with the NRC

establish a capability to receive ERDS data. To this end, Vermont

Emergency Management will provide the necessary computer hardware and

commercially licensed software required for ERDS data transfer to

users.

B. Vermont Emergency management 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

Vermont Emergency Management 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. Vermont Emergency Management 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 Vermont Emergency Management 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 Vermont Emergency Management 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 Vermont Emergency

Management by the NRC. Vermont Emergency Management 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, Vermont Emergency

Management 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, Vermont Emergency

Management. These individuals may designate appropriate staff

representatives for purpose of administering this Agreement.

B. Identification of these contacts is not intended to restrict

communication between NRC and Vermont Emergency Management 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 Vermont Emergency Management 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

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

The 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

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provisions to other persons or circumstances will not be affected.

For the U.S. Nuclear Regulatory Commission.

Dated: December 2, 1996.

James M. Taylor,

Executive Director for Operations.

For the State of Vermont.

Dated: December 10, 1996.

George L. Lowe,

Director, Vermont Emergency Management.

[FR Doc. 97-3320 Filed 2-10-97; 8:45 am]

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