[Federal Register Volume 59, Number 199 (Monday, October 17, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-25589]


[[Page Unknown]]

[Federal Register: October 17, 1994]


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NUCLEAR REGULATORY COMMISSION
 

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

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 New Hampshire. The MOU provides the 
basis for mutually agreeable procedures whereby the State of New 
Hampshire may utilize the NRC Emergency Response Data System (ERDS) to 
receive data during an emergency at a commercial nuclear power plant in 
New Hampshire. 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 September 7, 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, N.W. (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) 415-6402 
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 New Hampshire to provide 
data related to plant conditions during emergencies at commercial 
nuclear power plants in New Hampshire. Dated at Rockville, Maryland, 
this 6th day of October, 1944.

    For the Nuclear Regulatory Commission.
Edward L. Jordan,
Director, Office for Analysis and Evaluation of Operational Data.

Pertaining to the Emergency Response Data System Between the State of 
New Hampshire Office of Emergency Management and the U.S. Nuclear 
Regulatory Commission

I. Authority

    The U.S. Nuclear Regulatory Commission (NRC) and the State of New 
Hampshire enter into this AGREEMENT under the authority of Section 274i 
of the Atomic Energy Act of 1954, as amended.
    New Hampshire 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 State 
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. New Hampshire 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 New Hampshire 
Radiological Emergency Response Plan.
    A. This Agreement defines the way in which NRC and New Hampshire 
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 New Hampshire.
    B. It is understood by the NRC and the State of New Hampshire 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 New Hampshire 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; 
not is anything in this Agreement intended to restrict or expand the 
authority of the State of New Hampshire on matters not within the scope 
of this Agreement.
    D. Nothing in this Agreement confers upon the State or New 
Hampshire 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 re-transmit 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 New Hampshire 
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 New Hampshire. 
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. New Hampshire's General Responsibilities

    A. New Hampshire will, in cooperation with the NRC, establish a 
capability to receive ERDS data. To this end, New Hampshire will 
provide the necessary computer hardware and commercially licensed 
software required for ERDS data transfer to users.
    B. New Hampshire 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. Clarification of ERDS data 
will be pursued through the NRC.

VI. Implementation

    New Hampshire 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. New Hampshire 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 New Hampshire 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 New Hampshire 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 New Hampshire by the NRC. 
New Hampshire 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, New Hampshire 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 Chief, Technological Hazard 
Section of the New Hampshire Office of Emergency Management. These 
individuals may designate appropriate staff representatives for the 
purpose of administering this Agreement.
    B. Identification of these contacts is not intended to restrict 
communications between NRC and New Hampshire staff members on technical 
and other day-to-day activities.
    A. If disagreements arise about matters within the scope of this 
Agreement, NRC and New Hampshire will work together to resolve these 
differences.
    B. Resolution of differences between the State of New Hampshire 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

    This Agreement will take effect after it has been signed by both 
parties.

X. Duration

    A formal review, not less than one (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.

    Dated: August 30, 1994.

    For the U.S. Nuclear Regulatory Commission.
James M. Taylor,
Executive Director for Operations.
    Dated: September 7, 1994.

    For the State of New Hampshire.
George L. Iverson,
Director, New Hampshire Office of Emergency Management.
[FR Doc. 94-25589 Filed 10-14-94; 8:45 am]
BILLING CODE 7590-01-M