[Federal Register Volume 59, Number 30 (Monday, February 14, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-3375]
[[Page Unknown]]
[Federal Register: February 14, 1994]
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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]
BILLING CODE 7590-01-M
