MEMORANDUM OF UNDERSTANDING

BETWEEN

THE NUCLEAR REGULATORY COMMISSION

AND

THE DEPARTMENT OF HOMELAND SECURITY

REGARDING

CONSULTATION CONCERNING POTENTIAL VULNERABILITIES

OF THE LOCATION OF PROPOSED NEW UTILIZATION FACILITIES

I. Purpose

This Memorandum of Understanding (MOU) establishes a process to implement the provisions

of Section 657 of the Energy Policy Act of 2005 (EPA), Pub. L. 109-58, 119 Stat. 594, 814

(2005). Section 657 states:

SEC. 657. DEPARTMENT OF HOMELAND SECURITY CONSULTATION.

Before issuing a license for a utilization facility, the Nuclear Regulatory 

Commission shall consult with the Department of Homeland Security concerning

the potential vulnerabilities of the location of the proposed facility to terrorist

attack.

II. Background

Nuclear Regulatory Commission

Pursuant to Section 103 of the Atomic Energy Act of 1954, as amended, 42 U.S.C. 2133, the

NRC is responsible for licensing and regulating the construction and operation of commercial

nuclear power plants (known as "utilization facilities") in the United States to protect the health

and safety of the public and to promote the common defense and security. In conducting its

review of applications for such facilities pursuant to the Commission's implementing regulations

in 10 C.F.R. Parts 50 and 52, the NRC must, among other matters, determine the suitability of

the site for the proposed facility.

Among the provisions pertaining to the determination of site suitability, issues associated with

the common defense and security are, as a general matter, addressed through the

requirements of 10 C.F.R. §100.21(f). This provision requires applicants to demonstrate that

the site characteristics of the proposed location are such "that adequate security plans and

measures can be developed." In conducting its technical review of this portion of the

application, the NRC addresses potential vulnerabilities of the location of the proposed facility to

terrorist attack; this evaluation focuses on assessing the impact of the following factors:

(1) pedestrian and vehicular land approaches, (2) railroad approaches, (3) waterborne

approaches, (4) potential "high-ground" adversary advantage areas, (5) nearby road and/or

transportation routes, and (6) nearby hazardous materials facilities, airports, dams, military and

chemical facilities, and pipelines.

Commencing in FY07, a substantial number of applications for new nuclear power plants is

expected.
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Department of Homeland Security

The Department of Homeland Security (DHS), pursuant to the Homeland Security Act (HSA) of

2002, Pub. L. 107-296, 116 Stat. 2135; Homeland Security Presidential Directive 7 (HSPD-7);

and the National Infrastructure Protection Plan (NIPP) of 2006, has the authority and

responsibility to lead the unified national effort to secure America by preventing, deterring, and

responding to terrorist attacks and other threats and hazards to the Nation, including protecting

the Nation's critical infrastructure (CI) and key resources (KR), such as the subject "utilization

facilities."

III. Consultation Roles and Responsibilities

The NRC will "consult" with the DHS under Section 657 of the EPA as follows:

Before issuing a license for a utilization facility, the NRC will request, and the DHS will

review and provide to the NRC comment on the potential vulnerabilities of the location of

the proposed facility to terrorist attack. This review and comment will be based on

information, including the application, provided by the NRC, and any other factors,

consistent with DHS authorities, the DHS considers vital to assessing the potential

vulnerabilities of the location of the proposed facility to terrorist attack. 

Within ten (10) days after acceptance and docketing of an application, the NRC will

provide the DHS with the application and any other information it deems relevant. The

NRC will communicate promptly any schedule delay.

Within 90 days of receipt of the application materials, the DHS will respond to the NRC 

in writing. This response will include any and all DHS comments concerning the potential

vulnerabilities of the location of the proposed facility to terrorist attack. If within 60 days of

receipt of the application materials the DHS anticipates that it cannot complete its review

within the 90-day time frame, the DHS will contact the NRC to discuss a mutually

agreeable date by which it will respond to the NRC's request for consultation.

The NRC and the DHS recognize that certain portions of the information exchanged pursuant to

this Memorandum of Understanding may be Safeguards Information in accordance with section

147 of the Atomic Energy Act of 1954, as amended; classified information; or other sensitive

information that must be properly identified and protected from public disclosure in accordance

with applicable requirements.

IV. Working Arrangements

The NRC Point of Contact for this agreement is :

Team Leader, New Reactor Security Team, Reactor Security Branch, NSIR

The DHS Point of Contact for this agreement is:

Lead, Nuclear Sector Branch, CNPPD
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V. Funding

All activities pursuant to this MOU are subject to the availability of appropriated funds and each

agency's budget priorities.

VI. Memorandum of Understanding

This MOU shall not be construed to provide a private right of action for or by any person or

entity.

This MOU is effective upon signature by both parties. It will remain in effect until terminated by

one of the parties following 30 days advance written notice to the other party.

Modifications to this MOU may be made by written agreement of both parties.

Approved for the U.S. Nuclear Regulatory Commission

Dated: December 8, 2006

 /RA/ 

Luis A. Reyes

Executive Director for Operations

Approved for the Department of Homeland Security

Dated: February 20, 2007

 /RA/ 

Robert B. Stephan

Assistant Secretary for Infrastructure Protection