[Federal Register Volume 61, Number 193 (Thursday, October 3, 1996)]
[Notices]
[Pages 51727-51729]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-25342]
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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
[[Page 51728]]
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
[[Page 51729]]
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]
BILLING CODE 7590-01-M
