MEMORANDA OF UNDERSTANDING

persons within his of her organIzation.

Thes call lists will designate specific

persons for dayoo-day contact on

mattel relsted to this MOU. These lists

with currten work and home phone

numbers will be exchanged among the

liaison officers. The lists will be

updated every six months or whenever

a Raison offic's or day-to-day contact

person's phone number changes.

Usl.on officer are u follow:

A.. For the Food and Drug

Administration

1. Center for Devices and Radiological

Health., Director, Office of Compliance

and Surveillance. (currently: Mr.

Ronald M. Johnson). 1390 Piccard

Drive. Rockville, MD 20850.

Telephone: 301-694-2100.

2. Center for Drug Evaluation and

Research. Director, Office of

Compliance. (curreiiuy: Charms A.

Konnor), 5600 Fishers Lane.

Rockville, JAD 20857, Telephone:

301-594-0054.

3. Center for Biologic Evaluation and

Research, Deputy Director, Office of

Compliance. (currently: P. Michael

Dubinuky), 1401 Rockville Pike,

Rockville, MD 20850, Telephone:

301-594-2066.

B. For the Nuclear Regulatory

Commission

Director. Office of Nuclear Material

Safety and Safeguards. (currently:

Robert M. Bernero). OWFN MS-6E-6,

11555 Rockville Pike, Rockville. MD

20852, Telephone: 301-504-3352.

VI. Annual Inter-Agency Meeting

The liaison bfficer shall meet at least

annually to evaluate the activities

related to this MOU and make

recommendations to agency heads on its

effectiveness. FDA and NRC will host

the meeting on alternating years.

VII. Other Laws and Matters

Nothing in this Memorandum of

Understanding shall be deemed to

restrict. modify. or otherwise limit the

application or enforcement of any laws

of the United States with respect to

matters specified herein, nor shall

anything in the Memorandum be

construed as modifying the existing

authority of either agency.

VIII. Effective Date, Modification and

Termination of MOU

This MOU will take effect when it has

been signed by the authorized

representatives of FDA and NRC. It may

be modified by mutual written consent

or terminated by either agency upon a

sixty (60) day advance written notice to

the other agency. The agencies agree to

evaluate the agreement every three. (3)

years, at which time either agency

would have the option of renewing.

modifying or canceling the MOU

Approved and accepted for the Nuclear

Regulatory Commiessio.

Ivan Selin,

Chairman. US NC.

Doted:- August 26. 1993.

ApproIvd and accepted for the Food and

Drug Administration.

David A. Kessler,

Commission of Food and Drup.

Dated: August 26, 1993.

> 58 FR 47996

Published 9/14/93

Effective 6/17/93

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 (MOL) Relating To

Radiological Emergency Planning and

Preparedness. This supersedes a

memorandum entered into on

November 1, 1980 (published December

16, 1980. 45 FR 82713), revised April 9.

1985 (published April 18, 1985. 50 FR

15485). and published as Appendix A to

44 CFR part 353. The substantive

changes in the new MOU are: (i) Selfinitiated review by the NRC; (2) Early

Site Permit process: (3) adoption of

FEMA exercise time-frames; (4)

incorporation of FEMA definition of

exercise deficiency; (5) NRC

commitment to work with licensees in

support of State and local governments

to correct exercise deficiencies; (6)

correlation of FEMA actions on

withdrawal of approvals under 44 CFR

part 350 and NRC enforcement actions;

and (7) disaster-initiated reviews in

situations that affect offsite emergency

infrastructures. The text :! the MOU

follows.

Memorandum of Understanding

Between NRC and FEMA Relating to

Radiological Emergency Planning and

Preparedness

I. Bockground and Purposes

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 efforts 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.

MU-107 September 30, 1993
MEMORANDA OF UNDERSTANDING

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 revised and updated

Memorandum of Understanding became

effective November 1, 1980. The MOU

was further revised and updated on

April 9, 1985. This MOU is a further

revision to reflect the evolvin g

relationship between NRC and FLMA

and the experience gained in carrying

out the provisions of the previous

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

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

offsite preparedness matters. However,

if FEMA informs the NRC that an

emergency, unforeseen condngency. or

other reason would prevent FEMA from

providing a requested finding In a

reasonable time, then, in consultation

with FEM.A, the NRC might initiate its

own review of offsite emergency

preparedness. A separate MOU dated October 22,

1980, deals with NRC/FMAA

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

Aluesawmts af offsits planis =&y be based an Siate aind local govwomenz plans uhaim.ted to

FE4A a its rule (44 CFR Par• 350), and as Doted i 44 CYR 350.3tO. mary alsobe based an plans car&nmtky evailable I* F'MA or famished to

FEMA thrmug the NRC/FEMA Stoing C-mmint

MOU. These documents are intended to

be consistent with the Federal

Radiological Emergency Response Plan

which describes the relationships, roles,

and responsibilities of Federal Agencies

for responding to accidents involving

peacetime nuclear emergencies. On

December 1, 1991, the NRC and FEMA

also concluded a separate MOU in

support of Executive Order 12657

(FENMA Assistance in Emergency

Preparedness Planning at Commercial

Nuclear Power Plants). -

17. Authorities and Responsibilities

FEMA-Executive Order 12148 charges

the Director, FEMA, with the

responsibility to ".*.. establish

Federal policies for, and coordinate,.

civil defense and civil emergency

planning, management. mitigation, an-.

aSsisance functions of Executive

3gencies" (Section 2-101) and ... .. represent the President in

working with State and 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 -resident,

in response to the recommendations of

the Kemeny 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 offsilte

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 equipment).

Notwithstanding the procedures, which

are set forth in 44 CFR part 35'

requesting and reaching a FEN.-

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 proces. Such findings will be

provided by FEMA on mutually agreed

to schedules or on specific NRC request.

The request and findings will nor'--a.iiy

be by written communications between

the co-chairs of the NRC/FEMA St eering

Committee. An interim finding provided

under this arrangement will be an

extension of FEMA's procedures for

review and approval of offsite

radiological emcrgency plans and

preparedness set forth in 44 CFR part

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.

If the review involves an application

under 10 CFR part 52 for an early site

permit, the NRC will forward to FEMA

pertinent information provided by the

applicant and consult with FEMA as to

whether there is any significant

impediment to the development of

offsite emergency plans. As appropriate,

d pending upon the nature of

information provided by the applicant,

the NRC will also request that FEMA

determine whether major features of

offsite emergency plans submitted by

the applicant are ae-ceptable. or whether

offsite emergency plans submitted by

the applicant are adequate, as discussed

below.

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 standards and

criteria of NUREG-06541FEMA-REP-1,

and, pending a demonstration through

an exercise, whether there is reasonable

assurance that-the:•lanascan: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

canbe 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) or (3)

plans are inadequate and cannot be

implemented until they are revised to

correct deficien:ies noted in the Federal

review.

If, in FEMA's view, the plans that are

available are not completed or . not

ready for review, FEMA will pr .Ide

NRC with a status report delineating

milestones for preparation of the plan

by the offsite authorities as well as

FEdA'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 NUREG--0654/

September 30, 1993 -MU-108
MEMORANDA OF UNDERSTANDING

FEMA-RE-1 and 12) weotber the

exercise(s) demonstrated tha theme is

reasonable assurance that the plans can

be Implemented. * An interim finding on preparedness

will indicate one of the fovwin

conditions: (I) There is reasoamble

assurance that the plans are adequate

and can be Implemented as

demonstrated in an exercise; (2) there

are deficiencies that must be corrected;

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. lCurrent assignments are in 44

CFR part 351. March 11. 1982. (47 FR

10758]]

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 theAtomic 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 C(R part 50, and 10

CFR part 52) 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.

2. To verify that licensee emergency

plans are adequately Implemented (e.g..

adequacy and maintenance of

procedures, training, resources, staffing levels and qualifications, and equipment). 3. To review the FEMA findings and

determinations as to whether ofishe

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 o" emergency

preparedness onsite as determined by

the NRC and offite 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,

ordes, or shutdown of opemting

reactors.

JI. Areas of C•pera .,

A. NRC icensing Revews

140- f o rI I canai• miewJr a~i-ed -t

views and teriais

licensees Wii the assessment

of the adequacy oftfats 1ediogd

emergency sw1mm pNans and

preparedness. This will inchide timely

submittaW of an evalnetion suitable for

inclusion in I= safety evaluation

reports.

Substantially prim to dth time that a

FDAA evalumtion is requitd with

regard to fuel faclity or materials

license review. NRC will identify those

fuel and materials fises with

potentialfor inwnifsn .ov-r &ýd,.

o radiotlemial )ases and transmit

a requesto fr review to FEMP as t1he

emergency plans are ompietel.

FEMA routine support will include

providing assessments, findings and

determinations (interim and final) •n

offsite plans and preparedness related to

reactor license reviews. To support Its

findings and determinations, FEMA will

make expert witnesses availabllebefore

the Commission. the NRC Advisory

Committee on Reactor Safeguards, NRC

hearing boards and administrative law

judges, for any couat actions, and during

any related diecovery proceedings. FEMA will appear in NRC licensing

proceedings as part of the presentation

of the NRC staff. FEMA mounel will

normally present FEMA witnesses and

be permitted, at the discretion of the

NRC licensing board, to cross-examine

the witnesses of parties, other then the

NRC witnesses, on matters involving

FEMA findings and detenminations,

policies, or operations; however, FEMA

will not be asked to testify on status

reports. FEMA is not a pa"ty 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 respormsbility of the

attorneys assigned to a particular case.

In situations where questions of

professional responsibility cannot be

resolved by the attarneys assigned.

resolution of any differen will be

made by the General Consmel of FEMA

and the General Counsel ofthe 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 MOU shall be

construedin any way to diminish NRC's

responsibility for protecting The

radiological health and safety of the

public.

B. FEMA Review of Offsite Plans and

Preparedness

NRC will assist in the development

and review of offsite plans and

preparedness through its m,-nbemhip

on the Regional Assistance Committees

(RAG}. FEMA will chair the Regional

Assistance Committees. Consistent with

NRC's statutory responsibility, NRC will

recognize FEMA as the interace with

State and local governments for

interpreting offsite radiologicat

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 Lomntinue to be referred to

FEMA Headquarters. and when

appropriate. to the NRCJFEMA 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, and State and local

governments. They will also jointly

observe and evaluate exercises. NRC

and FEMA will institute procedures to

enhance the review of objectives and

scenarios for joint exercises. This reviem

is to assure that both the onsite

considerations of NRC end the offsite

considerations of FEMA are adequately

addressed and integrated in a manner

that will provide for a technically sount

exercise upon which an assessment of

preparedness capabilities can be based.

The NRC/FEMA procedures wiU

provide for the availability of exercise

objectives and scenarios suaclently in

advance of scheduled exercises to alloy

enough time for adequate review by

NRC and-EMA and correction of any

deficiencies by the licensee. The failurE

of a licensee to develop a scenario that

adequately addresses both onsite and

offsite consideratlons may result in NR

taking enforcement actions.

The FEMA reports will be a part of a

interim finding on emergency

preparedness; or wll be the result of ai

exercise conducted pursuant to FEMA'

review and approval procedures under

111l 1 _4n'o gfntrmb*r NO. 199
MEMORANDA OF UNDERSTANDING

44 CFR part 350 and NRC's requirement

under 10 CFR part 50, appendix E.

Section IV.F. -K. rcise evaluations will

Identify one of the following conditions:

'1) There i?-, ,4-.:-nable assurance that

.the phan, - :teuet* and can be

i m PT1- - emonstrated in the

exe: .nere are deficiencies that

mus: orrected: or (3) FEIDA is

undecided and will provide a schedule

of actions leading to a decision. Thescheduk for issLance of the draft and

final aewrcise reports will be eawhown

in FEMA-REP-14 (Radiological

Emergency Preparedness Exercise

Manual).

The deficiency referred to in (2) above

is defined as an observed or identified

inadequacy of organizational

performance in an exercise that could

cause a finding that ofisite emergency

preparedness is not adequate to provide

reasnable assuranie that appropriate

protective measures can be taken in the

event of a radiological emergency to

protect tke health and safety of the

public living in the vicinity of a nuclear

power plant. Because of the potential

impact of deficiencies on emergency

preparedness, they should be correced

within 120 days through appropriate

remedial actions, including remedial

exercises, drills, or other actions.

Where there are deficiencies of the

types noted above, and when there is a

potential for remedial actions, FEMA

rleadquarters will promptly (1-2 days)

discuss these with NRC Headquarters.

Within 10 days of the exercise, official

notification of identified deficiencies

will be made by FEMA to the State. NRC

Headquarters, and the RAC with an

informatwa copy to the licensee. NRC

will formlly notify the licensee of t)

deficiencies and ma-itor the licenset

efforts to wmok with State and local

authorities to cmxect the deficiencies.

Approximately 60 days after official

notification of the deficiency, the NRC,

in consultation v.. !h FEMA. will assess

the progress being made toward

resolution of the -': •ciencies.

D. Withdrawal o: easonable Assurance

Finding

JI FEMA deternm-,. s under 44 CFR

1.13 of its reguL:': " rs that offsite

.rgency " plans •r ,:eparedness are

n11. adequate to provide reasonable

assurance that appropriate protective

measures can be taken in the event of

radiological emergency to protect the

health and safety of the public. FEMA

shal. as described in its rule, withdraw

approval.

Upon receiving notification of such

action from FEMA. the NRC will

promptly review FEMA's findings and

determinations and formally document

the NRC's position. When. as described

in 10 C0R 50.54(s)}2)fii) and 50.54(s)(3)

of Its r d.nsltios. the NRC finds the

state c,. acmeSency prs;,redness does

not provide reasonable assurance that

adequate protective measures can and

will be taken in the event of a

radiological emergency. the NRC will

notify the affected licensee accordingly

and start the "120-day clock." 2

E. Emergency Planning and

Preparedness Guidance

NRC has lead responsibility for the

development of emergency planning

and preparedness guidance for

licensee.. 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. NRC 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.

F. Support for Document Management

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.

G. Ongoing NRC Research and

Development Programs

Ongoing NRC and FEMA research and

development programs that are related

to State an,! iocal 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.

H. Public Information and Education

Progrc

FMA.. -ill take the lead in

develo-: -.:: public information and

educatio:- programs. NRC will assist

FEMA b v'iewing for accuracy

educatior.. materials concernint

3 IP 10 CFR SO.S4EsN2)(il. the Commission will

determine whether the mdcto "Il be ahut down

O other Sppz#puIMINDOWt Actics ii siAch

conditIons ur not cortc ed within kwu ianths.

The NRC is nso linlted by this provisoa of the rule,

for. a sated in10 CPR 54J4sX3). "Nothia8 in this

pa; aewph s" be constred m limaitg the

authoity of the Cosas•,so- to tak a-tioa under

y other regulation or authority of the Comission

of, any time odt than tat #spafied An this

pomgmph' (emphasis added).

radiation. and its hazards and

information regarding appropriate

a 2'fons to be taken by the general publ,c

v:. :-e event of an accident involving

ri i oactive materials.

I. Recovery from Disasters Affecting

Offsite Emergency Preparedness

Disasters that destroy, roads.

buildings, communications.

transportation resources or other offsite

infrastructure in-the-vicinity of a

nuclear power plant can degrade the

capabilities of offsite response

organizations in the 10-mile plume

emergency planning zone. Examples of

events that could cause such

devastation are hurricanes, tornadoes.

earthquakes, tsunamis, volcanic

eruptions, major fires, large explosions,

and riots.

If a disaster damages the area around

a licensed operating n,,cler power

plant to an extent - FEMA seriously

questions the continued adequacy of

offsite emergency preparedness. FEMTA

will inform the NRC promptly.

Likewise, the NRC will inform FEMA

promptly of any information it receives

from licensees, its inspectors, or others,

that raises serious questions about the

continued adequacy of offsite

emergency preparedness. If FEMA

concludes that a disaster-initiated

review of offsite radiological emergency

preparedness is necessary to determine

if offsite emergency preparednesi is still

adequate, it will inform the NRC in

writing, as soon as practicable.

including a schedule for conduct of the

review. FEMA will also give the NRC (1)

interim written reports of its findings, as

appropriate, and (2) a final written

report on the results of its review.

The disaster-initiated review is

performed to reaffirm the radiological

emergency preparedness capabilities of

affected offsite jurisdictions located in

the 10-mile emergency planning zone

and is not intended to be a

comprehensive review of offsite plans

and preparedness.

The NRC will consider information

provided by FEMA-Headquarters and

pertinent findings from FEMA'i

disaster-initiated review in making

decisions regarding the restan or

continued operation of an affected

operating nuclear power reactor. The

NRC will notify FEMA Headquarters, in

writing, of the schedule-forurestart of an

affected reactor and keep FE2A

Headquarters informed of changes in

that schedule.

IV, NRCIFEMA Steering Committee

The NRC/FEMA Steering Committee

on Emergency Preparedness will

continue to be the focal point for

September 30, 1993 NU-110
coordination ofemergency planning an

preparedwess. As discmsed in Section I

of tisagremswt response activities

between these two aeoides are

addressed tn a separate MOU. The

Steering Committae will consist of an

equal number of members to represent

each agency with ors vote per agency.

When the Steering Conmittee cannot

agree on te resolution of an issue, the

issue will be referred to NRC and FEMA

managemern. The NRC members will

have lead responsibility for licensee

planning and preparedness and the

FEMA members will have lead

responsibility Iforltffste planning and

Prepareci s. The Steering Committee

will assure coordhinaicn• of plans and

preparedness avaluatian activities and

revise. as necessary, acceptance criteria

for licensee. State and local radiological

emergency pla&aing and preparedness.

NRC and FEMA will then cons, 1 1.]

adopt criteria, as appr -'riate. in theor

respective jurisdictions. (See

Attachment 1).

V. Working Arrongements

A. The normal point of contact for

impiemnenteltarn of the points in this

MOU will be the NRC/FEMA Steering

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 Understonding

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

Coommlssion.

Daled: June 17. 1993

James Nt Taylor.

Executive Director for Operations

Dated Nune 17. 1993.

Approved for the Federal Emergency

,Maragernent Agency

RichLrd W. Krimrn,

Acting Associate Director. Stare and Local

Programs and Support.

Attachment I--FEM.A/IRC Steering

Committee

Purpose

Assure coordination of efforts to maintain

and improve emergency planning and

preparedness for nuclear power reactors a- described in the NRC and FEMA rules and

the NRC/FEMA MOU on Radiological

Emergency Planning and Preparedness.

Coordinate consistent criteria for licensee.

Swate and local emergency plans and

preparidness.

MEMORANDA OF UNDERSTANDING

d Membersitp

The NRC and FEMA =mrsign•'es of this

MOU will designsrespectie co-chairs for

the Steering Catufte. Tm destgnated cochairs will. t tara. qyopn them respective

members to the Cnmi.ttm.

Membership Changes

Changes to the membenhipof the NRC/

FEMA Steering Commnttee maybe made by

the co-chairs representing 1he agency whose

member is being changed.

Operating Procedures

The Steering Committee will maintain a

record of each meeiing to inchlde

identifiction a( iumm ;discussed and

conclusionas eached. No meeting will be held

without the attendance and partic~ation of

at least the co-chairs or two assigned

members of each agency.

Coordination

When items invoi"vn m~aonsibilities of

other NRC or FEMA offrices a-e diwussed. the

affected oaElces will be cotacted as appropriate.

Dated September 7. 1993.

James L. Witt.

Direcior.

>58 FR 65198

Published 12/13/93

Effective 11/17/93

Final Memorandum of Understanding

Between the U.S. Nuclear Regulatory

Commission and the State of Arkansas

AGENCY: Nuclear Regulatory

Commission.

ACTION: Notice.

NRC Public Document Room", 2120 L

Street, NW. (Lower Level), Washington,

DC.

FOR FURTHER INFORMA1"ION CONTACT:

John R. Jolicoeur or Eric Weinstein,

Office for Analysis and Evaluation of

Operational Data, U.S. Nuclear

Regulatory Commission, Washington,

DC 20555. Telephone (301) 492-4155 or

(301) 492-7836.

This attached MOU is intended to

formalize and define the manner in

which the NRC will cooperate with the

State of Arkansas to provide data related

to plant conditions during emergencies

at commercial nuclear power plants in

Arkansas. Data at Rockville, Maryland.

this 3rd day of December, 1993,

For the Nuclear Regulatory Commission.

lames M. Taylor,

Executive Director for Operations.

Agreement Pertaining to the Emergency

Response Data System Between the

State of Arkansas and the U.S. Nuclear

Regulatory Commission

I. Authority

The U.S. Nuclear Regulatory

Commission (NRC) and the State of

Arkansas enter into this Agreement

under the authority of section 2741 of

the Atomic Energy Act of 1954, as

amended.

Arkansas 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.

I1. Background

A. The Atomic Energy Act of 1954, as

amended, and the Energy

Reorganization Act of 1974, as

amended, authorizes the Nuclear

Regulatory Commission (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

responsible agency regulating nuclear

power plant safety.

B. NRC believes that its mission to

rotect the public health and safety can

e served by a policy of cooperation

with State governments and has

formally adopted a policy statement on

"Cooperation with States at Commercial

SUMMARY: 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

Arkansas. The MOU provides the basis

for mutually agreeable procedures

where•'y the State of Arkansas may

utilize the NRC Emergency Response

Data System (ERDS) to receive data

during an emergency at a commercial

nuclear power plant in Arkansas. Public

comments were addressed in

conjunction with the MOU with the

State of Michigan published in the

Federal Register Vol. 57, No. 28,

February 11, 1992.

EFFECTIVE DATE: This MOU is effective

November 17, 1993.

ADOSSE3: Copies of all NRC

documents are available for public

inspection and copying for a fee in the

MU-111 December 30, 1993