[Federal Register Volume 72, Number 43 (Tuesday, March 6, 2007)]
[Notices]
[Pages 9959-9960]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-1006]


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NUCLEAR REGULATORY COMMISSION

DEPARTMENT OF HOMELAND SECURITY


Memorandum of Understanding Between the Nuclear Regulatory 
Commission and the Department of Homeland Security Regarding 
Consultation Concerning Potential Vulnerabilities of the Location of 
Proposed New Utilization Facilities

I. Purpose

    This Memorandum of Understanding (MOU) establishes a process to 
implement the provisions of Section 657 of the Energy Policy Act of 
2005 (EPA), Public Law 109-58, 119 Stat. 594, 814 (2005). Section 657 
states:

Sec. 657. Department of Homeland Security Consultation

    Before issuing a license for a utilization facility, the Nuclear 
Regulatory Commission shall consult with the Department of Homeland 
Security concerning the potential vulnerabilities of the location of 
the proposed facility to terrorist attack.

II. Background

Nuclear Regulatory Commission

    Pursuant to Section 103 of the Atomic Energy Act of 1954, as 
amended, 42 U.S.C. 2133, the NRC is responsible for licensing and 
regulating the construction and operation of commercial nuclear power 
plants (known as ``utilization facilities'') in the United States to 
protect the health and safety of the public and to promote the common 
defense and security. In conducting its review of applications for such 
facilities pursuant to the Commission's implementing regulations in 10 
CFR Parts 50 and 52, the NRC must, among other matters, determine the 
suitability of the site for the proposed facility.
    Among the provisions pertaining to the determination of site 
suitability, issues associated with the common defense and security 
are, as a general matter, addressed through the requirements of 10 CFR 
100.21(f). This provision requires applicants to demonstrate that the 
site characteristics of the proposed location are such ``that adequate 
security plans and measures can be developed.'' In conducting its 
technical review of this portion of the application, the NRC addresses 
potential vulnerabilities of the location of the proposed facility to 
terrorist attack; this evaluation focuses on assessing the impact of 
the following factors:
    (1) Pedestrian and vehicular land approaches, (2) railroad 
approaches, (3) waterborne approaches, (4) potential ``high-ground'' 
adversary advantage areas, (5) nearby road and/or transportation 
routes, and (6) nearby hazardous materials facilities, airports, dams, 
military and chemical facilities, and pipelines.
    Commencing in FY07, a substantial number of applications for new 
nuclear power plants is expected.

Department of Homeland Security

    The Department of Homeland Security (DHS), pursuant to the Homeland 
Security Act (HSA) of 2002, Public Law 107-296, 116 Stat. 2135; 
Homeland Security Presidential Directive 7 (HSPD-7); and the National 
Infrastructure Protection Plan (NIPP) of 2006, has the authority and 
responsibility to lead the unified national effort to secure America by 
preventing, deterring, and responding to terrorist attacks and other 
threats and hazards to the Nation, including protecting the Nation's 
critical infrastructure (CI) and key resources (KR), such as the 
subject ``utilization facilities.''

III. Consultation Roles and Responsibilities

    The NRC will ``consult'' with the DHS under Section 657 of the EPA 
as follows:

    Before issuing a license for a utilization facility, the NRC 
will request, and the DHS will review and provide to the NRC comment 
on the potential vulnerabilities of the location of the proposed 
facility to terrorist attack. This review and comment will be based 
on information, including the application, provided by the NRC, and 
any other factors, consistent with DHS authorities, the DHS 
considers vital to

[[Page 9960]]

assessing the potential vulnerabilities of the location of the 
proposed facility to terrorist attack.
    Within ten (10) days after acceptance and docketing of an 
application, the NRC will provide the DHS with the application and 
any other information it deems relevant. The NRC will communicate 
promptly any schedule delay.
    Within 90 days of receipt of the application materials, the DHS 
will respond to the NRC in writing. This response will include any 
and all DHS comments concerning the potential vulnerabilities of the 
location of the proposed facility to terrorist attack. If within 60 
days of receipt of the application materials the DHS anticipates 
that it cannot complete its review within the 90-day time frame, the 
DHS will contact the NRC to discuss a mutually agreeable date by 
which it will respond to the NRC's request for consultation.

    The NRC and the DHS recognize that certain portions of the 
information exchanged pursuant to this Memorandum of Understanding may 
be Safeguards Information in accordance with section 147 of the Atomic 
Energy Act of 1954, as amended; classified information; or other 
sensitive information that must be properly identified and protected 
from public disclosure in accordance with applicable requirements.

IV. Working Arrangements

    The NRC Point of Contact for this agreement is: Team Leader, New 
Reactor Security Team, Reactor Security Branch, NSIR.
    The DHS Point of Contact for this agreement is: Lead, Nuclear 
Sector Branch, CNPPD.

V. Funding

    All activities pursuant to this MOU are subject to the availability 
of appropriated funds and each agency's budget priorities.

VI. Memorandum of Understanding

    This MOU shall not be construed to provide a private right of 
action for or by any person or entity.
    This MOU is effective upon signature by both parties. It will 
remain in effect until terminated by one of the parties following 30 
days advance written notice to the other party.
    Modifications to this MOU may be made by written agreement of both 
parties.

    Approved for the U.S. Nuclear Regulatory Commission.

    Dated: December 8, 2006.
Luis A. Reyes,
Executive Director for Operations.
    Approved for the Department of Homeland Security.

    Dated: February 20, 2007.
Robert B. Stephan,
Assistant Secretary for Infrastructure Protection.
[FR Doc. 07-1006 Filed 3-5-07; 8:45 am]
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