[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

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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

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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]
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