[Federal Register Volume 74, Number 25 (Monday, February 9, 2009)]
[Notices]
[Pages 6430-6432]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-2617]


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NUCLEAR REGULATORY COMMISSION

[NRC-2009-0049]


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

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

II. Effective Date

    This MOU is effective January 23, 2009.

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 
Document Access and Management System (ADAMS), which provides text and 
image files of NRC's public

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documents. The ADAMS accession number for the document related to this 
notice is: Memorandum of Understanding Between the NRC and the State of 
Texas ML 090230637. 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 2nd day of February 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 
Texas

I. Authority

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

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 Texas 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 418, Texas Disaster Act of 1975, Texas Government Code.

III. Scope

    A. This MOU defines the way in which NRC and the State of Texas 
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 Texas 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 Texas.
    B. It is understood by the NRC and the State of Texas that ERDS 
data will only be transmitted to the State of Texas 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 Texas, 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 Texas on matters not within the scope of this 
MOU.
    D. Nothing in this MOU confers upon the State of Texas 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 emergencies. The NRC will 
provide the State of Texas, 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 Texas. The NRC reserves the right to revoke digital certificates at 
any time.

V. State of Texas' General Responsibilities

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

VI. Implementation

    A. The State of Texas 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 Texas 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 Texas agree to meet as necessary to 
exchange

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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 Texas will protect sensitive information to the extent of 
the Texas Government Code, Chapter 552, Public Information.
    d. NRC will conduct periodic tests of licensee ERDS data links. A 
copy of the test schedule will be provided to the Texas Department of 
State Health Services by the NRC. The Texas Department of State Health 
Services 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 Texas Department 
of State Health Services 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 
the Director, Division of Preparedness and Response, Office of Nuclear 
Security and Incident Response for the NRC, and the Director, Client 
Services Contracting Unit, Texas Department of State Health Services, 
for the State of Texas. 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 Texas Department of State Health Services 
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 Texas will work together to resolve these 
differences.
    B. Differences between the State of Texas 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: January 23, 2009.
R. William Borchardt,
Executive Director for Operations, U.S. Nuclear Regulatory 
Commission.

    For the State of Texas.

Dated: January 6, 2009.
Bob Burnette,
Director, Client Services Contracting Unit, Department of State 
Health Services.

[FR Doc. E9-2617 Filed 2-6-09; 8:45 am]
BILLING CODE 7590-01-P