[Federal Register Volume 74, Number 11 (Friday, January 16, 2009)]
[Notices]
[Pages 3107-3108]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-971]



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NUCLEAR REGULATORY COMMISSION

[NRC-2009-0009]


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

AGENCY: Nuclear Regulatory Commission.

ACTION: Notice.

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FOR FURTHER INFORMATION CONTACT: Robert Stransky, Senior Emergency 
Response Coordinator, Operations Branch, Division of Preparedness and 
Response, Office of Nuclear Security and Incident Response, U.S. 
Nuclear Regulatory Commission, Washington, DC 20555. Telephone: (301) 
415-6411; fax number: (301) 415-6382; e-mail: [email protected].

SUPPLEMENTARY INFORMATION: 

I. Introduction

    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 California. The MOU provides the 
basis for mutually agreeable procedures whereby the State of California 
may utilize the NRC Emergency Response Data System (ERDS) to receive 
data during an emergency at a commercial nuclear power plant whose 10-
mile Emergency Planning Zone lies within the State of California.

II. Effective Date

    This MOU is effective November 26, 2008.

III. Further Information

    Documents related to this action, including the application for 
amendment and supporting documentation, are available electronically at 
the NRC's Electronic Reading Room at http://www.nrc.gov/reading-rm/adams.html. From this site, you can access the NRC's Agencywide 
Documents Access and Management System (ADAMS), which provides text and 
image files of NRC's public documents. The ADAMS accession number for 
the document related to this notice is: Memorandum of Understanding 
Between the NRC and the State of California, ML083370327. If you do not 
have access to ADAMS or if there are problems in accessing the 
documents located in ADAMS, contact the NRC Public Document Room (PDR) 
Reference staff at 1-800-397-4209, 301-415-4737 or by e-mail to 
[email protected].
    These documents may also be viewed electronically on the public 
computers located at the NRC's Public Document Room (PDR), O 1 F21, One 
White Flint North, 11555 Rockville Pike, Rockville, MD 20852. The PDR 
reproduction contractor will copy documents for a fee.

    Dated at Rockville, Maryland this 8th day of January, 2009.

    For the Nuclear Regulatory Commission.
William A. Gott,
Chief, Operations Branch, Division of Preparedness and Response, Office 
of Nuclear Security and Incident Response.

Memorandum of Understanding Pertaining to the Emergency Response Data 
System Between The U.S. Nuclear Regulatory Commission and the State of 
California

I. Authority

    The U.S. Nuclear Regulatory Commission (NRC) and the State of 
California enter into this Memorandum of Understanding (MOU) under the 
authority of Section 274i of the Atomic Energy Act of 1954, as amended.
    The State of California 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. Nothing in this MOU is intended to 
restrict or expand the scope of regulatory authority of either the NRC 
or the State of California.

II. Background

    A. The Atomic Energy Act of 1954, as amended, and the Energy 
Reorganization Act of 1974, as amended, authorize the 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 agency responsible for 
regulating nuclear power plant safety.
    B. NRC believes that its mission to protect 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 25, 1992). 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 MOU 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 facilities and monitoring the status and adequacy of 
licensees' responses to emergency situations.
    D. The State of California fulfills its statutory mandate to 
provide for preparedness, response, mitigation, and recovery in the 
event of an accident at a nuclear power plant through its statutes 
located in the California Emergency Services Act, Government Code 
Sec. Sec.  8550-8668.

III. Scope

    A. This MOU defines the way in which NRC and the State of 
California intend to cooperate in planning and maintaining the 
capability to transfer reactor plant data via the Emergency Response 
Data System (ERDS) during emergencies at commercial nuclear power 
plants in the State of California that 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 California.
    B. It is understood by the NRC and the State of California that 
ERDS data will only be transmitted to the State of California during 
emergencies classified at the Alert Level or above, during scheduled 
tests, or during exercises when available.
    C. Nothing in this MOU is intended to restrict or expand the 
statutory authority of the NRC, the State of California, 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 MOU intended to restrict or expand the 
authority of the State of California on matters not within the scope of 
this MOU.
    D. Nothing in this MOU confers upon the State of California the 
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 the 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.
    E. This MOU does not confer any binding obligation or right of 
action on

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either party. This MOU does not obligate any funds and is subject to 
the availability of appropriated funds.

IV. NRC's General Responsibilities

    Under this MOU, the NRC will maintain 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 the State of California, up to 10 digital certificates for use 
by State designated personnel in accessing ERDS data during emergencies 
at nuclear power plants which have implemented an ERDS interface, and 
for which any portion of the plant's 10-mile EPZ lies within the of 
State of California. The NRC reserves the right to revoke digital 
certificates at any time.

V. State of California's General Responsibilities

    A. The State of California, through its lead radiological agency, 
will, in cooperation with the NRC, establish a capability to receive 
ERDS data. To this end, the State of California will provide the 
necessary computer hardware and commercially licensed software required 
for ERDS data transfer to users.
    B. The State of California will provide the NRC with an initial, 
and periodically updated, list of designated persons serving as holders 
of ERDS digital certificates.
    C. The State of California will use ERDS only to access data, at 
the Alert level or higher, from nuclear power plants for which all or a 
portion of the 10-mile EPZ falls within its State boundary.
    D. For the purpose of minimizing the impact on plant operators, the 
State of California will seek clarification of ERDS data through the 
NRC.

VI. Implementation

    A. The State of California and the NRC agree to work in concert to 
assure that the following communications and information exchange 
protocol regarding ERDS are followed:
    a. The State of California and the NRC agree in good faith to make 
available to each other information within the intent and scope of this 
MOU.
    b. NRC and the State of California agree to meet as necessary to 
exchange information on matters of common concern pertinent to this 
MOU. Unless otherwise agreed, such meetings will be held in the NRC 
Headquarters Operations Center. The affected utilities will be kept 
informed of pertinent information covered by this MOU.
    c. To preclude the premature release of sensitive information, NRC 
will protect sensitive information to the extent permitted by the 
Freedom of Information Act, 5 U.S.C. 552, Title 10 of the Code of 
Federal Regulations, Part 2.790, and all other applicable authority. 
The State of California will protect sensitive information to the 
extent permitted by the California Public Records Act, Government Code 
6250-6276.48, and all other applicable authority.
    d. NRC will conduct periodic tests of licensee ERDS data links. A 
copy of the test schedule will be provided to the California Department 
of Public Health, Radiological Health Branch (California's lead 
radiological agency) by the NRC. The California Department of Public 
Health, Radiological Health Branch 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, the California 
Department of Public Health, Radiological Health Branch will coordinate 
with the 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 MOU will be 
Director, Division of Preparedness and Response, Office of Nuclear 
Security and Incident Response for the NRC, and the Director, 
Governor's Office of Emergency Services for the State of California. 
These individuals may designate appropriate staff representatives for 
the purpose of administering this MOU.
    B. Identification of these contacts is not intended to restrict 
communication between NRC and California Department of Public Health, 
Radiological Health Branch 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 
MOU, NRC and the State of California will work together to resolve 
these differences.
    B. Differences between the State of California and NRC staff over 
issues arising out of this MOU will, if they cannot be resolved in 
accordance with Section VIII.A, be resolved by the Director of the NRC 
Division of Preparedness and Response, Office of Nuclear Security and 
Incident Response.
    C. Differences which cannot be resolved in accordance with Sections 
VIII.A and VIII.B will be reviewed and resolved by the NRC's Director, 
Office of Nuclear Security and Incident Response.
    D. The NRC's General Counsel has the final authority to provide 
legal interpretation of the Commission's regulations.

IX. Effective Date

    This MOU 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 MOU and 
resolve any problems identified. This MOU 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 MOU, or the application of any 
provision(s) to any person or circumstances is held invalid, the 
remainder of this MOU and the application of such provisions to other 
persons or circumstances will not be affected.

For the U.S. Nuclear Regulatory Commission.

Dated: November 26, 2008.
Martin Virgilio for R. William Borchardt, Executive Director for 
Operations.

For the State of California.
Dated: September 9, 2008.
Henry Renteria,
Director, Governor's Office of Emergency Services.

 [FR Doc. E9-971 Filed 1-15-09; 8:45 am]
BILLING CODE 7590-01-P