Council members and staff and agency

inspectors operating under interagency

agreements.

2. EFSEC and NRC agree to the

greatest extent possible and in good

faith to provide the other party with

.nformation relative to the -spirit of this

Memorandum.

3. EFSEC and NRC agree to meet at

the call of either party at mutually

agreeable times and places to exchange

information on matters of common

concern. Regardless of intervening

meetings the parties agree to meet

annually to keep each other apprised of

planned activity for the ensuing year.

4. The EFSEC inspectors will not

duplicate the regulatory activities of the

NRC. To the'extent possible EFSEC

inspectors will coordinate their

schedules and inspection activities with

NRC so that their on-site activities avoid

interruption to normal plant operations

and maintenance.

5. EFSEC agrees to share with NRC

information relative to its water

chemistry, radiological, industrial safety

and environmental monitoring programs.

Consistent with requirements to protect

confidential, proprietary. predecisional.

and safeguards information. NRC agrees

to share with EFSEC information

relative to its plant construction and

operation, radiological, health and

safety monitoring programs. Each

agency agreesto be sensitive to the

needs of the other when designing its

respective monitoring programs.

6. To the extent practicable EFSEC

inspectors may observe NRC audits,

reviews, inspections, drills and

meetings. In the same way, the NRC

inspectors may observe EFSEC audits,

reviews, inspections, drills and

meetings. The parties recognize that

there will be occasions when, because

of the sensitive nature of certain

meetings, it may be necessary for the

parties to conduct their activities

privately and separately.

7. The parties agree as a routine

procedure to provide the other party

with information copies of inspection

reports and final enforcement actions

conducted under the authority of either

party.

8. EFSEC and NRC agree to work

cooperatively and to share information

during actual emergency response

events and during all emergency

response drills and exercises. Upon

arrival at the site, each party will advise

the other of its presence and confer

upon the status and adequacy of

emergency response operations.

9. The NRC will use its best efforts to

make available space in its inspector

training courses, seminars and special

orientation programs to accommodate

the training needs of the EFSEC

inspectors.

10. Nothing in this Subagreement is

intended to restrict or extend the

statutory or regulatory authority of

either EFSEC or NRC.

11. This Subegreement shall take

effect immediately upon signing by the

Chairman of EFSEC and the Regional

Administrator. NRC Region V and may

be terminated upon 30 days written

notice by either party.

12. The principal NRC point of contact

for this Subpagreement shall be the

Regional Administrator, NRC Region V.

The principal Washington State contact

shall be the Chairman of EFSEC.

13. If any provision of this

Subagreement, or the application of any

provision to any person or circumstance

is held invalid, the remainder of this

Subagreement and the application of

such provisions to other persons or

circumstances shall not be affected.

For the U.S. Nuclear Regulatory

Commission.

John B. Martin,

Regional Administrator.

Dated: March 7. 1985.

For the Washington Energy Facility Site

Evaluation Council.

Curtis Eschles,

Chairman.

Dated: February 19, 1985.

50 FR 15485

Published 4/18/85

Memorandum of Understanding

Between Federal Emergency

::,Management Agency and Nuclear

Regulatory Commission

The Federal Emergency Management

Agency (FEMA) and the Nuclear

Regulatory Commission (NRC) have

entered into a new Memorandum of

Understanding (MOU) Relating To

Radiological Emergency Planning and

Preparedness. This supersedes a

memorandum entered into November 4.

1980 (Published December 16, 1980, 45

FR 82713). The substantive changes in

the new MOU deal principally with the

FEMA handling ofN]ýRC requests for

findings and determinations concerning

offsite planning and preparedness. The

basis and conditions for interim findings

in support of licensing are defined, as

well as provisions for status reports

when plans are not complete. The text

of the MOU is set out below except that

an attachment is not included. n4A.

attachment concerns S

apjifni free.

Memorandum of Ulderstanding

Between NRC and FEMA Relating to

Radiological Emergency Planning and

Preparedness

L Background and Purpose

This memorandum of Understanding

(MOU) establishes a framework of

cooperation between the Federal

Emergency Management Agency

(FEMA) and the U.S. Nuclear Regulatory

Commission [NRC) in radiological

emergency response planning matters.

so that their mutual effQrts will be

directed toward more effective plans

and related preparedness measures at

and in the vicinity of nuclear reactors

and fuel cycle facilities which are

subject to 10 CFR Part 50, Appendix E.

and certain other fuel cycle and

materials licensees which have potential

for significant accidental offsite

radiological releases. The memorandum

is responsive to the President's decision

of December 7. 1979, that FEMA will

take the lead in offsite planning and

response, his request that NRC assist

FEMA in carrying out this role, and the

NRC's continuing statutory

responsibility for the radiological health

and safety of the public.

On January 14, 1980, the two agencies

entered into a "Memorandum of

Understanding Between NRC and FEMA

to Accomplish a Prompt Improvement in

Radiological Emergency Preparedness"

that was responsive to the President's

December 7. 1979, statement. A re',ised

and updated memorandum of

understanding became effective

November 1, 198b. This MOU is a further

revision 'to reflect the evolving

relationship between NRC and FEMA

and the experience gained in carrying

out the provisions of the January and

November 1980 MOU's. This MOU

supersedes these two earlier versions of

the MOU.

The general principles, agreed to in

the previous MOU's and reaffirmed in

this MOU, are as follows: FEMA

coordinates all' Federal planning for the

offsite impact of radiological

emergencies and takes the lead for

assessing offsite radiological emergency

response plans I and preparedness,

makes findings and determinations as to

the adequacy and capability of

implementing offsite plans, and

communicates those findings and

determinations to the NRC. The NRC

reviews those FEMA findings and

determinations in conjunction with the

NRC onsite findings for the purpose of

making determinations on the overall

state of emergency preparedness. These

overall findings and determinations are

used by NRC to make radiological

health and safety decisions in the

'Assessments of offeite plans may be based on

State and local government plans submitted to

FEMA under its rule (44 CFR Part 350), and as noted

in 44 CFR 350.3(f). may also be based on plans

currently available to FEMA or furnished to FMIA

through the NRC/FEMA Steering Committee.

)

.)

I

April 30, 1992 MU-36
MEMORANDA OF UNDERSTANuIIrU

issuance of licenses and the continued

operation of licensed plants to include

taking enforcement actions as notices of

violations, civil penalties, orders, or

shutdown of operating reactors. This

delineation of responsibilities avoids

duplicative efforts by the NRC staff in

offaite preparedness matters.

A separate MOU dated October22,

1980, deals with NRC/FEMA

cooperation and responsibilities in

response to an actual or potential

radiological emergency. Operations

Response Procedures have been

developed that implement the provisions

of the Incident Response MOU. These

documents are intended to be consistent

with the Federal Radiological

Emergency Response Plan which

describes the relationships, role, and

responsibilities of Federal agencies for

responding to accidents involving

peacetime nucelar emergencies.

I1. Authorities and Responsibilities

FEMA-Executive Order 12148

charges the Director, FEMA, with the

responsibility to ". establish Federal

pcjhcies for, and coordinate, all civil

defense and civil emergency planning,

management, mitigation, and assistance

functions of Executive agencies"

(Section 2-101) and . represent the

President in working with State and

i local governments and the private sector

to stimulate vigorous participation in

civil emergency preparedness, mitigation, response, and recovery

programs." (Section 2-104.)

`.On December 7, 1979, the President, in

response to the recommendations of the

Ikemeny Commission on the Accident at

Three Mile Island, directed that FEMA

assume lead responsibility for all offsite

nuclear emergency planning and

response.

Specifically, the FEMA

responsibilities with respect to

radiological emergency preparedness as

they relate to NRC are:

1. To take the lead in offsite

emergency planning and to review and

assess offsite emergency plans and

preparedness for adequacy.

2. To make findings and

determinations as to whether offsite

emergency plans are adequate and can

be implemented (e.g., adequacy and

maintenance of procedures, training,

resources, staffing levels and

qualifications, and eq uipment

adequacy). Notwithstanding the

procedures which are set forth in 44 CFR

350 for requesting and reaching a FEMA

administrative approval of State and

local plans, findings, and determinations

on the current status of emergency

planning and preparedness around

particular sites, referred to as interim

findings, will be provided by FEMA for

use as needed in the NRC licensing

process. Such findings will be provided

by FEMA on mutually agreed to

schedules or on specific NRC request.

The request and findings will normally

be by written communications between

the co-chairs of the NRC/FEMA Steering

Committee. An interim finding provided

under this arrangemelt will be an

extension of FEMA's procedures for

review and approval of offaite

radiological emergency plans and

preparedness set forth in 44 CFR 350. It

will be based on the review of currently

available plans and, if appropriate, joint

exercise results related to a specific

nuclear power plant site.

An interim finding based only on the

review of currently available offsite

plans will include an assessment as to

whether these plans are adequate when

measured against the ncdards and

criteria of NUREG-M6.L: , FEMA-REP-1,

and, pending a demonstration through

an exercise, whether there is reasonable

assurance that the plans can be

implemented. The finding will indicate

one of the following conditions: (1) Plans

are adequate and there is reasonable

assurance that they can be implemented

with only limited or no corrections

needed; (2) plans are adequate, but

before a determination can be made as

to whether they can be implemented.

corrections must be made to the plans or

supporting measures must be,

demonstrated (e.g., adequacy and

maintenance of procedures, training.

resources, staffing levels and

qualifications, and equipment

adequacy): or (3) plans are adequate

and cannot be implemented until they

are revised to correct deficiencies noted

in the Federal review.

If in FEMA's view the plans that are

available are not completed or are not

ready for review, FEMA will provide

NRC with a status report delineating

milestones for preparation of the plan by

the offsite authorities as well as FEMA's

actions to assist in timely development

and review of the plans.

An interim finding on preparedness

will be based on review of currently

available plans and joint exercise

results and will include an assessment

as to (1) whether offsite emergency

plans are adequate as measured against

the standards and criteria of NUREG0654/FEMA-REP-i, and (2) whether the

exercise(s) demonstrated that there is

reasonable assurance that the plans can

be implemented.

An interim finding on preparedness will indicate one of the following

conditions: (1) There is reasonable

assurance that the plans are adequate

and can be Implemented as

demonstrated in an exercise: (2) there

are deficiencies that may adversely

affect public health and safety that must

be corrected in order to provide

reasonable assurance that the plans can

be implemented; or (3) FEMA is

undecided and will provide a schedule

of actions leading to a decision.

3. To assume responsibility, as a

supplement to State, local, and utility

efforts, for radiological emergency

preparedness training of State and local

officials.

4. To develop and issue an updated

series of interagency assignments which

delineate respective agency capabilities

and responsibilities and define

procedures for coordination and

direction for emergency planning and

response. [Current assignments are in 44

CFR 351, March 11, 1982. (47 FR 107581).

NRC-The Atomic Energy Act of 1954,

as amended, requires that the NRC grant

licenses only if the health and safety of

the public is adequately protected.

While the Atomic Energy Act does not

specifically require emergency plans

and related preparedness measures, the

NRC requires consideration of overall

emergency preparedness as a part of the

licensing process. The NRC rules (10

CFR 50.33, 50.34, 50.47, 50.54, and

Appendix E to 10 CFR Part 50) include

requirements for the licensee's

emergency plans.

Specifically, the NRC responsibilities

for radiological emergency preparedness

are:

1..To assess licensee emergency plans.

for adequacy. This review will include

organizations with whom licensees have

written agreements to provide onsite

support services under emergency

conditions.

To verify that licensee emergency

plans are adequately implemented (e.g.,

adequacy and maintenance of

procedures, training, resources, staffing

levels and qualifications. ahd

equipment].

3. To review the FEMA findings and

determinations as to whether offsite

plans are adequate and can be

implemented.

4. To make radiological health and

safety decisions with regard to the

overall state of emergency preparedness

(i.e., integration of emergency

preparedness onsite as determined by.

the NRC and offsite as determined by

FEMA and reviewed by NRC) such as assurance for continued operation, for

issuance of operating licenses, or for

taking enforcement actions, such as

notices of violations, civil penalties,

orders, or shutdown of operating

reactors.

III. Areas of Cooperation

A. NRC Licensing Reviews. FEMA

will provide support to the NRC for

licensing reviews related to reactors,

fuel facilities, and materials licensees

with regard to the assessment of the

adequacy of offsite radiological

emergency response plans and

MU-37 April 30, 1992
MEMORANDA OF UNDERSTANDING

preparedness. This will include timely

submittal of an evaluation suitable for

inclusion in NRC safety evaluation

reports.

Substantially prior to the time that a

FEMA evaluation is required with

regard to fuel facility or materials

license review, NRC will identify those

fuel and materials licensees with

potential for significant accidental

offsite radiological releases and

transmit a request for review to FEMA

as the emergency plans are completed..

FEMA routine support will include

providing assessments, findings and

determinations (interim and final) on

offsite plans and preparedness related

to reactor license reviews. To support its

findings and determinations, FEMA will

make expert witnesses available before

the Commission, the NRC Advisory

Committee on Reactor Safeguards, NRC

hearing boards and administrative law

judges, for any court actions, and during

any related discovery proceedings.

FEMA will appear in NRC licensing

proceedings as part of the presentation

of the NRC staff. FEMA counsel will

normally present FEMA witnesses and

be permitted. at the discretion of the

NRC licensing board, to cross-examine

the witnesses of parties, other than the

NRC witnesses, on matters involving

FEMA findings and determinations,

policies, or operations: however, FEMA

will not be asked to testify on status

reports. FEMA is not a party to NRC

proceedings and, therefore, is not

subject to formal discovery

requirements placed upon parties to

NRC proceedings. Consistent with

available resources, however, FEMA

will respond informally to discovery

requests by parties. Specific assignment

of professional responsibilities between

NRC and FEMA counsel will be

primarily the responsibility of the

attorneys assigned to a particular case.

In situations Where questions of

professional responsibility cannot be

resolved by the attorneys assigned,

resolution of any differences will be

made by the General Counsel of FEMA

and the Executive Legal Director of the

NRC or their designees. NRC will

request the presiding Board to place

FEMA on the service list for all litigation

in which it is expected to participate.

Nothing in this document shall be

construed in any way to diminish NRC's

responsibility for protecting the

radiological health and safety of the

public.

B. FEMA Re view of Offsite Plans and

Preparedness. NRC will assist in the

.development and review of offsite plans

and preparedness through its

membership on the Regional Assistance

Committees (RAC). FEMA will chair the

Regional Assistance Committees.

Consistent with NRC's statutory

responsibility. NRC will recognize

FEMA as the interface with State and

local governments for interpreting offsite

radiological emergency planning and

preparedness criteria as they affect

those governments and for reporting to

those governments the results of any

evaluation of their radiological

emergency plans and preparedness.

Where questions arise concerning the

interpretation of the criteria, such

questions will continue to be referred to

FEMA Headquarters, and when

appropriate, to the NRC/FEMA Steering

Committee to assure uniform

interpretation.

C. Preparation for and Evaluation of

Joint Exercises. FEMA and NRC will

cooperate in determining exercise

requirements for licensees, State and

local governments. They will also jointly

observe and evaluate exercises. NRC

and FEMA will institute procedures to

enhance the review of the objectives

and scenarios for joint exercises. This

review is to assure that both the onsite

considerations of NRC and the offsite

considerations of FEMA are adequately

addressed and integrated in a manner that will provide for a technically sound

exercise upon which an assessment of

preparedness capabilities can be based.

The NRC/FEEMA procedures will'

provide for the availability of exercise

objectives and scenarios sufficiently in

advance of sheduled exercises to allow

enough time for adequate review by

NRC and FEMA and correction of any

deficiencies by the licensee. The failure

of a licensee to develop a scenario that

adequately addresses both onsite and

offsite considerations may result in NRC

taking enforcement actions.

The FEMA reports will be a part of an interim finding on emergency

preparedness: or will be the result of an exercise conducted pursuant to FEMA's

review and approval procedures under

44 CFR Part 350. Exercise evaluations

will identify one of the following

conditions: (1) There is reasonable

assurance that the plans are adequate

and can be implemented as demonstrated in the exercise; (2) there

are deficiencies that may adversely

impact public health and safety that

must be corrected by the affected State

and local governments in order to

provide reasonable assurance that the

plan can be implemented: or (3) FEMA

is undecided and will provide a,

schedule of actions leading to a

decision. Within 30 days of the exercise. a draft exercise report will be sent to the

State, with a copy to the Regional

Assistance Committee, requesting

comments and a schedule of corrective

actions, as appropriate, from the State in

30 days. Where there are deficiencies of

the types noted in 2 above, and when

there is a potential for a remedial

exercise, FEMA Headquarters will

promptly discuss these with NRC

Headquarters. Within 90 days of the

exercise, the FEMA report will be

forwarded to the NRC Headquarters.

Within 15 days Of receipt of the FEMA

report, NRC will notify FEMA in writing

of action taken with the licensee relative

to FEMA initiatives with State and local

governments to correct deficiencies

identified in the exercise.

D. Emergency Planning and

Preparedness Guidance. NRC has lead

responsibility for the development of

emergency planning and preparedness

guidance for licensees. FEMA has lead

responsibility for the development of

radiological emergency planning and

preparedness guidance for State and

local agencies. NRC and FEMA

recognize the need for an integrated,

coordinated approach to radiological

emergency planning and preparedness

by NRC licensees and State and local

governments. NEC and FEMA will each,

therefore, provide opportunity for the

other agency to review and comment on

such guidance (including interpretations

of agreed joint guidance) prior to

adoption as formal agency guidance.

E. Support for Document Afan agement

System. FEMA and NRC will each

provide the other with continued access

to those automatic data processing

support-systems which contain relevant

emergency preparedness data.

At NRC, this includes Document

Management System support to the

extent that it does not affect duplication

or records retention. At FEMA, this

includes technical support to the

Radiological Emergency Preparedness

Management Information System. This

agreement is not intended to include the

automated information retrieval support

for the national level emergency

response facilities.

F. Ongoing NRC Research and

Development Programs. Ongoing NRC

and FEMA research and development

programs that are related to State and

local radiological emergency planning

and preparedness will be coordinated.

NRC and FEMA will each provide

opportunity for the other agency to

review and comment on relevant

research and development programs

prior to implementing them.

G. Public Information and Education

Programs. DEMA will take the lead in

developing public information and

education programs. NRC will assist

FEMA by reviewing for accuracy.

educational materials concerning

radiation and its hazards and

information regarding appropriate

actions to be taken by the general public

in the event of an accident involving

radioactive materials.

IV. NRC/•FEMA Steering Committee

The NRCLFEMA Steering Committee

I

April 30,1992 MU-38
MEMORANDA OF UNL)hbH I ANLINU

on Emergency Preparedness will

continue to be the focal point for

coordination of emergency planning,

preparedness, and response activities

between the two agencies. The Steering

Committee will consist of an equal

number of members to represent each

agency with one vote per agency. When

the Steering Committee cannot agree on

the resolution of an issue, the issue will

be referred to NRC and FEMA

management. The NRC members will

have lead responsibility for licensee

planning and preparedness and the

FEMA members will have lead

responsibility for offaite planning and

preparedness. The Steering Committee

will assure coordination of plans and

preparedness evaluation activities and

revise, as necessary, acceptance criteria

for licensee, State, and local radiological

emergency planning and preparedness.

NRC and FEMA will then consider and

adopt criteria, as appropriate, in their

respective jurisdictions. (See

Attachment 1.)

V. Working Arrangements

A. The normal point of contact for

implementation of the points in this

MOU will be the NRC/FEMA Ste-.-

Committee.

B. The Steering Committee will

establish the day-to-day procedures for

assuring that the arrangements of this

MOU are carried out.

VI. Memorandum of Understanding

A. This MOU shall be effective as of

date of signature and shall continue in

effect unless terminated by either party

upon 30 days notice in writing.

B. Amendments or modifications to

this MOU may be made upon written

agreement by both parties.

Approved for the U.S. Nuclear Regulatory

Commission.

Dated: April 3, 1935.

Willam 1. Dircks,

",cut've Director for Operations.

Approved for the Federal Emergency

inagement Agency.

.jated: April 9. 1985.

muet W. Speck,

&-sociote Director. State andLocolProg.-ams

and Support.

51 FR 5265

Pubiished 2/12/86

DEPARTMENT OF THE INTERIOR

Bureau of Mines

NUCLEAR REGULATORY

COMMISSION

Nuclear Waste Reposatory Programs;

Standard Operating Procedure

AGENCY: Nuclear Regulatory

Commission and Bureau of Mines

Interior.

ACTION: Standard Operating Procedure

for BOM Interagency Agreement With

DOE/NRC.

suMMARY: The purpose of this notice is

to advise interested persons that a

protocol has been proposed in order to

provide a standard operating procedure

(SOP] for Bureau of Mines (BOM]

support to the Nuclear Regulatory

Commission 'NRC) and the Department

of Energy (DOE) to avoid a possible

conflict of interest in specialized

activities pertinent to Nuclear Waste

Repository (NWR) programs. This SOP

will formally go into effect April 2, 1986.

The text of the SOP is-published below.

FOR FURTHER INFORMATION CONTACT:

Mr. David H. Tiktinsky. Project

Manager, MS 623-SS, Division of

Waste Management, NMSS, Nuclear

Regulatory Commission. Washington,

DC 20555.'

SUPPLEMENTARY INFORMATION:.

A Protocol

To provide a Standard Operating

Procedures (SOP) for Bureau of Mines

(BOM) Support to the Nuclear

Regulatory Commission (NRC) and the

Department of Energy (DOE) in

Specialized Activities Pertinent to

Nuclear Waste Repository (NWR)

Programs.

Concern of Possible Conflicts of Interest

The NRC and the DOE have requested

the services of the BOM relative to

development and approval of Office of

Civil Radioactive Waste Management

Programs (OCRWMP). Because of the

unique geotechnical and mining

expertise of the BOM it Js in the

National interest to make this expertise

available to ensure state-of-the-art

development of NWR technology. The

three principal types of activities where

the BOM expertise is essential, and the

agency likely to be in need of such

expertise are:

Activity Agency

Generic research INRC N................ DOE

ste s•ecific c ,iarac•en"zat ,onord 'ign . DOE

Ien.,.ca ases"rr 11 specific site W41d NRC or review of a design 11. saine.

It is generally agreed that generic

research as it relates to OCRWMP and

the results of such research are of

general public interest. BOM, NRC, and

DOE agree to meet periodically to

review proposed generic research to be

undertaken by the BOM under the

provisions of this Agreement to ensure

that no conflict of interest exists with

site-specific work.

Relative to site specific activities, if

the same technical specialists were to

be involved in the design and the review

,there could be concern over possible

conflicts of interest. Fortunately the

DOM has the requisite skills at a number

of field Research Centers and hence has

the ability to designate that specific

Centers be assigned responsibility to

assist DOE and NCR respectively on site

specific problems. This separation of

.activities as enumerated below will

pr- -ide the necessary isolation of DOE

and NRC concerns as regards site

specific activities to avoid the

perception of conflicts of interest.

Steps Taken To A void Possible

Conflicts of I:terest

. BO%1 will dedicate personnel at

their Pit;sburgh (PRCI and Twin Cities

(TCRC) Research Centers to work on

DOE's OCRWMP.

* BOM will dedicate personnel at

their Denver (DRC) and Spokane (SRC)

Research Centers to work on NRC's

High-Level Waste Repository (HLWR)

program.

a Any nondedicated Bureau employee

from either PRC or TCRC can work on

NRC generic, nonsite specific research. - Any nondedicated Bureau employee

from DRC or SRC can work on DOE

generic, nonsite specific research. , BOM will maintain a record of

which employes are dedicated to DOE

and NRC site specific programs. 9 BOM, Mining Research Directorate,

will not work on other interagency

agreements with DOE (OCRWMP)

outside of this SOP.

To Further A void Possible Conflicts of

Interest BOM Personnel Dedicated to

Work on the New Repository Program

for NRC Shall Not:

i Discuss unpublished information on

NRC's HLWR program with Bureau

personnel working on DOE's OCRWMP:

unpublished information, will not include

draft documents submitted to NRC

because this output is routinely made

available by NRC as public information.

* Discuss unpublished information on

NRC's HLWR program with contractors

working on DOE's OCRWMP at PRC

and TCRC.

To Further A void Possible Conflicts of

Interest BOM Personnel Dedicated to

Work on the OCR WMP for DOE Shall

Not:

e Discuss unpublished information on

DOE's OCRWMP with Bureau personnel

working on NRC's HLWR program:

unpublished information will not includ

MU-39 April 30,1992