[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