[Federal Register Volume 74, Number 11 (Friday, January 16, 2009)]
[Notices]
[Pages 3108-3110]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-980]


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NUCLEAR REGULATORY COMMISSION

[NRC-2009-0007]


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

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

[[Page 3109]]

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 Missouri. The MOU provides the basis 
for mutually agreeable procedures whereby the State of Missouri 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 Missouri.

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 Missouri ML083370339. 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 
Missouri

I. Authority

    The U.S. Nuclear Regulatory Commission (NRC) and the State of 
Missouri 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 Missouri 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 Missouri.

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 the 
licensees' responses to emergency situations.
    D. The State of Missouri 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 
Chapter 44, Revised Statutes of Missouri, the State Emergency 
Operations Plan, and Executive Order No. 79-19.

III. Scope

    A. This MOU defines the way in which NRC and the State of Missouri 
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 Missouri that have implemented an ERDS interface, and for 
which any portion of the plant's 10-mile EPZ lies within the State of 
Missouri.
    B. It is understood by the NRC and the State of Missouri that ERDS 
data will only be transmitted to the State of Missouri 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 Missouri, 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 Missouri on matters not within the scope of 
this MOU.
    D. Nothing in this MOU confers upon the State of Missouri 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 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

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emergencies. The NRC will provide the State of Missouri, 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 Missouri. The NRC reserves the 
right to revoke digital certificates at any time.

V. State of Missouri's General Responsibilities

    A. The State of Missouri, through its lead radiological agency, 
will, in cooperation with the NRC, establish a capability to receive 
ERDS data. To this end, the State of Missouri will provide the 
necessary computer hardware and commercially licensed software required 
for ERDS data transfer to users.
    B. The State of Missouri 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 Missouri 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 Missouri will seek clarification of ERDS data through the NRC.

VI. Implementation

    A. The State of Missouri 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 Missouri 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 Missouri 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 Missouri will protect sensitive information to the extent 
permitted by Chapter 610, Missouri Revised Statutes, 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 Missouri Department 
of Health and Senior Services, Section for Disease Control and 
Environmental Epidemiology by the NRC. The Missouri Department of 
Health and Senior Services, Section for Disease Control and 
Environmental Epidemiology, under the auspices of the State Emergency 
Management Agency, 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 Missouri 
Department of Health and Senior Services, Section for Disease Control 
and Environmental Epidemiology, under the auspices of the State 
Emergency Management Agency, 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, State 
Emergency Management Agency for the State of Missouri. 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 Missouri Department of Health and Senior 
Services, Section for Disease Control and Environmental Epidemiology 
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 Missouri will work together to resolve these 
differences.
    B. Differences between the State of Missouri and NRC staff over 
issues arising out of this MOU will, if they cannot be resolved in 
accordance with Section VIII.A, will 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, U.S. Nuclear Regulatory 
Commission.

    For the State of Missouri.

    Dated: July 10, 2008.

Ronald M. Reynolds,
Director, State Emergency Management Agency.

 [FR Doc. E9-980 Filed 1-15-09; 8:45 am]
BILLING CODE 7590-01-P