June 3, 2002

Dr. James F. Devine, 

Senior Advisor for Science Application

Office of the Director

U.S. Geological Survey

U.S. Department of the Interior

12201 Sunrise Valley Drive

Reston, VA 20192

SUBJECT: MEMORANDUM OF UNDERSTANDING BETWEEN THE U.S. GEOLOGICAL

SURVEY AND THE U.S. NUCLEAR REGULATORY COMMISSION

Dear Dr. Devine:

Attached is a Memorandum of Understanding (MOU) between the U.S. Geological Survey

(USGS) and the U.S. Nuclear Regulatory Commission (NRC). The purpose of this MOU is to

establish a basic understanding and framework under which the USGS will provide technical

expertise to the NRC under an Interagency Agreement (IA) that will be developed and signed

by both Agencies. The scope of this agreement will cover site safety reviews related to the

areas of geology, hydrology, and seismology for Early Site permit applications. Specific

requirements will be detailed in task order Statements of Work (SOW) following the guidance

contained in NRC Management Directive (MD) 11.8, “NRC Procedures for Placement and

Monitoring Work with Other Federal Agencies Other than DOE.” A copy of this MD was

furnished to you under separate cover.

Subsequent to the signing of the attached MOU, the NRC will prepare and issue the

aforementioned IA for your approval. This IA will provide the procedures by which the task

orders will be placed. If you have questions regarding this matter or the attached MOU, please

contact Dr. Cliff Munson at 301-415-2529.

Sincerely,

/RA by EXI for CAC/

Charles A. Casto, Acting Division Director

Division of Engineering

Office of Nuclear Reactor Regulation

U.S. Nuclear Regulatory Commission

Enclosure: As stated
ADAMS ACCESSION NUMBER: ML021550404

 

OFFICE

EMEB:DE DE DE EMEB:DE EMEB:DE

 NAME CMunson BGrenier GBagchi KManoly EImbro

 DATE 05 / 21 /02 05/ 24 /02 05/ 28 /02 05/ 28 /02 05/ 28 /02

 

OFFICE

OGC DE:DD DE:D

 NAME EWilliamson RBarrett CCasto

 DATE 06/ 03 /02 06 / 03 /02 06/ 03 /02

OFFICIAL FILE COPY
ENCLOSURE

Memorandum of Understanding

between the

United States Geological Survey

and the United States Nuclear Regulatory Commission

This Memorandum of Understanding (MOU) is entered into between the United States Nuclear

Regulatory Commission (NRC) and the United States Geological Survey (USGS).

The authorities for this agreement are: 1) the Economy Act of June 30, 1932, 31 U.S.C. 1535

and 2) Section 205 (c) of the Energy Reorganization Act of 1974, 42 U. S. C. 5845(c).

By the National Earthquake Hazard Reduction Act (PL-95-124) of 1977, the USGS has the

primary responsibility for geologic hazard studies and evaluations. The USGS has long been

recognized as the lead agency in the U.S. government in the areas of geology, hydrology, and

seismology. The purpose of this MOU is to provide a mechanism for coordinating activities to

be engaged in between the NRC and the USGS. Under this MOU, an interagency agreement

will be developed to obtain technical assistance, as needed, to be furnished by the USGS to the

NRC on site safety reviews related to the areas of geology, hydrology, and seismology. 

NRC’s guidance documents for conducting the site safety reviews stem from Title 10 of the

Code of Federal Regulation (CFR) Parts, 50 and 100. The portions of 10 CFR relevant to site

natural hazard safety reviews are:

1. 10 CFR Part 50: Appendix A, General Design Criterion# 2 -- Design bases for protection

against natural phenomena,

2. 10 CFR Part 100.23 Geologic and seismic siting criteria,

3. 10 CFR Part 100: Appendix A, Seismic and Geologic Siting Criteria for Nuclear Power

Plants,

4. 10 CFR Part 52, Subpart A -- Early Site Permits,

Additional guidance associated with the above regulations is provided by the Standard Review

Plan (NUREG 0800) and several regulatory guides.

For Construction Permits, Operating Licenses and Early Site permit applications, the USGS will

assist NRC in conducting site safety reviews in accordance with the applicable guidance listed

above. For each specific application, the NRC will furnish materials from the application and

identify and provide copies of applicable guidance material specific to the review request. The

USGS will assign employees with the appropriate expertise to review the assigned sections of

the application and to prepare input for a technical evaluation report identifying additional

information that will be needed to draw a safety conclusion using the acceptance criteria in the

NRC furnished guidance. This report will be submitted to the NRC technical monitor, who will

review and discuss the information need with the principal investigator at the USGS, finalize the

information need, and submit the request for information to the NRC project manager for the

application. The applicant’s response will be provided to the USGS principal investigator by the

NRC, who will then revise the draft safety evaluation report and submit the revised report to the

NRC technical monitor. Activities associated with these evaluations may necessitate a

literature review, confirmatory analysis and a site visit as appropriate. USGS reviewers may be
required to make presentations on their work at public meetings and to prepare and present

testimony at hearings.

Specific requirements, related to the technical assistance furnished by the USGS to the NRC on

site-specific reviews, will be detailed in a Statement of Work (SOW) and processed under an

Interagency Agreement, following the guidance in NRC Management Directive (MD) 11.8, “NRC

Procedures for Placement and Monitoring Work with Other Federal Agencies Other than DOE.” 

A copy of MD 11.8 is furnished herein for ease of reference. 

In addition to the technical assistance furnished by the USGS to the NRC on site-specific

reviews, this agreement also provides for an annual exchange of technical information related

to site-specific review topics. These topics would include recent advances in the area of

seismic hazard analysis as well as other areas pertinent to site safety reviews.

This agreement shall become effective on the last signature date below, and shall remain in

effect until it is terminated or renegotiated upon request by either party. Either party may

terminate this Agreement upon providing the other party a ninety day (90) days written notice. If

either party finds that its terms need to be modified or amended, the other party shall be notified

in writing of the specific change(s) desired, with proposed language, and the reason(s) therefor. 

A proposed change shall become effective upon written mutual consent of both parties, and

shall then become a part of this Agreement.

Charles A. Casto

Acting Director, Division of Engineering

Office of Nuclear Reactor Regulation

U.S. Nuclear Regulatory Commission

James F. Devine

Senior Advisor for Science Applications

Office of the Director

U.S. Geological Survey

U.S. Department of the Interior