MEMORANDA OF UNDERSTANDING

of ERDS data will be pursued through

the NRC.

VI. Implementation

Arizona and the NRC agree to work in

concert to assure that the following

communications and information

exchange protocol regarding the NRC

ERDS are followed.

A. Arizona and the NRC agree in good.

faith to make available to each other

information within the intent and scope

of this Agreement.

B. NRC and Arizona agree to meet as

necessary to exchange information on

matters of common concern pertinent to

this Agreement. Unless otherwise

agreed, such meetings will be held in

the NRC Operations Center. The affected

utilities will be kept informed of

pertinent information covered by this

Agreement.

C. To preclude the premature public

release of sensitive information, NRC

and Arizona will protect sensitive

information to the extent permitted by

the Federal Freedom of Information Act,

the State Freedom of Information Act,

10 CFR 2.790, and other applicable

authority.

D. NRC will conduct periodic tests of

licensee ERDS data links. A copy of the

test schedule wvill be provided to

Arizona by the NRC. Arizona 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, Arizona will

coordinate with 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.

VI7. Contacts

A. The principal senior management

contacts for this Agreement will be the

Director, Division of Operational

Assessment, Office for Analysis and

Evaluation of Operational Data. and the

Director, Arizona Radiation Regulatory

Agency. These individuals may

designate appropriate staff

representatives for the purpose of

administering this Agreement.

B. Identification of these contacts is

not intended to restrict communication

between NRC and Arizona Radiation

Regulatory Agency 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

Agreement, NRC and Arizona will work

together to resolve these differences.

B. Resolution of differences between

the State and NRC staff over issues

arising out of this Agreement will be the

initial responsibility of the NRC

Division of Operational Assessment

management.

C. 1 ifferences which cannot be

resolved in accordance with Sections

VIII.A and VIII.B will be reviewed and

resolved by the Director, Office for

Analysis and Evaluation of Operational

Data.

D. The NRC's General Counsel has the

final authority to provide legal

interpretation of the Commissions

regulations.

IX. Effective Date

This Agreement 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 Agreement and

resolve any problems identified. This

Agreement 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.

X1. Separability

If any provision(s) of this Agreement,

or the applicationof any provision(s) to

any person or circumstances is held

invalid, the remainder of this

Agreement and the application of such

provisions to other persons or

circumstances will not be affected.

Dated: January 6, 1993.

For The U.S. Nuclear Regulatory

Commission.

James M. Taylor,

Executive Director for Operations.

Dated: April 9, 1993.

For The State of Arizona.

Aubraey V. Godwin,

Director, Arizona Radiation Regulatory

Agency.

> 58 FR 35770

Published 7/1/93

Effective 6/28/93

Appendix A to Part 354 - Memorandum

of Understanding Between Federal

Lm0!Rency 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 (MOUI

Relating To Radiological Emergency Planning

and Preparedness. This supersedes a

memorandum entered into on November 1.

1980 (published December 16. 1980,45 FR

82713). The substantive changes in the new

MOU deal principally with the FEMA

handling of NRC requests for findings and

determinations concerning g

V The basis and conditions or 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 follows.

Memorandum of Understanding Between

NRC and FEMA Reloting to Radiological

Emergency Planning and Preparedness

I. Background 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

0 0l• il•ttr-mutnel efforts will be

directed toward more effective plans and re reparedness .measm, t e,

bt*li 1Q.CFR part 50,

4%Ri&JThe memorandum is responsive to

=a 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 "Memorandumof

Understanding Between NRC and FEMA to

Accomplish a Prompt Improvement in

Radiological Emergency Prepareds." that

was responsive to the Pre=ident's December

7. 1979, statement. A revised and updated

memorandum of understanding became

effective November 1, 1980. This MOU is a further revision to reflect the evolving

relationship between NRC and FEMA and the

exper.ence-gained • ncarnyin out the

provisions of the January and November 198(

MOU'a. 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

aeas follows: ~ ~ se~

Assessments of ofaite plans way be based oa

State and local glowrnment plans ubmitted to I

-bow V3 1W14 MU-102
MEMORANDA OF UNDERSTANDING

earness, makes findinp and, detezm. lntons as to the adequc and

Vabil emed of L~iiiand~

doetemina findnigaoimins In

4Mti~hth•" •bth, NRC onsite.f4iings for.,

.dip -.66l'heait

are dily NRC'to m&1 rdio 0'9

and "sfety decIsioiislxi the issuanice oF

licensed and thicontinUied p9perption oO

licensed plants. to tdaklng enforcement ,.

actions as n6-Fci"f violations, ciyil.s

penalties, orders, or shutdown of operating . .T.his delineati - of responsibilities

avoids duplicative effc<. ;by the NRC staff in

offsite preparedness m ::ers. A separate MOU dated October 22, 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, roles, and

responsibilities of Federal agencies for

responding to accidents involving peacetime

nuclear emergencies.

Authorities and Responsibilities

FEMA .xecuttve:urder 121148tcha rges the

Director, FEMA. with the responsibility to

establish Federal policies 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 local governments

and the private sector to stimulate vigorous

participation in civil emergency

•preparedness, mitigation, response, and

,:recovery programs. (Section 2-104.) 14.wOn December 7,1979, the President in

response to the recommendations of the

Kemenv Commission on the Accident at

Three Mýile Island, directed that FEMA

assume lead responsibility for all offsite

nuclear emergencV planning and response.

Spec ific al IylffiX~EM& j~sp ns~ibifiel

41"il ilbloica*'rIbrI:-

Orepairednss as they relate to NRC aE

edequat'

training resources staffing levels and

qualifications, and equipment adequacy).

Notwithstanding the procedures which are

set forth in 44 (YR part 350 for requesting

and reaching a iteMA 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

'FE'MA under Its rule (44 CFR Part 3501. and as

,noted in 44 CFR 350.3(I" may also be biasd on plans currently available to FEDA or furnished to FEMA

through the NRCIFEMA Steering Committee.

findingsi will be provided by FEMA for use

as needed in the NRC licensing procest. Such

find ings will be provided by FEMA on mutr. ally agreed to schedules or on specific

NRC request. The request and findings will

normally be by written communications

between the co-chaLrs of the NRC/FEMA

Steering Committee. An interim finding

provided under this arrangement will be an extension of FEMA's procedures for review

and approval of offilte radiological

emergency plans and preparednes 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 sp-,-ific nuclear power plant site. .r nterim finding based only on the

revy v of currently evailable offsilte plans

will include an assessment as to whether

these plans are adequate when measured

against the standards and criteria of NUREC0654/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 ther 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 measunes must be demonstrated (e.&, adequacy and

maintenance of procedures. training,

resources, staffing levels and qualifications,

and equipment adequacy); or (3) plans are not 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 delineiting milestones for

preparation of the plan by the ofisita

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 ame adequate as measured

against the standards and criteria of NUREG0654/FEMA--REP-, Revision I and

Supplement 1, and (z) whether the

exercise(s) demonstrtdtalhat these is

reasonable assurance * b t plans can be

implemented.

An interim finding on ?rftfss will

indicate one of the follow"Jd cont4ioions: (1)

There is reasonable assuranc tjL thia plans are adequate and can be impkt,,a'td as

demonstrated In an exercise; (1) tie are deficiencies that may adversely a.ffed public

health and safety that must be corrected in

order to provide reasonable assurance that

the plans tan be Implemented; or (3) FEMA

is undecided and will provide a schedule of

actions leading to a decision.

3. 131 tý*Jws- as a supplement to State and local, and utility

efforts .•,tmological .en.e•Mq

4 ,o develop anI" Issua m updated

of interagency assignments which delineatre

m~ep~ctve agen;7 ca~iities an4

nsibiiU~an idenprsic&Wres for 63140ýn Zad difrition fai aetirg;iiZ

plai'inWsendresponsel [Current assignments

art in 44 CYR part 351, March 11, 1982 (47

FR 10758).j

NRC-Tha 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, •b o quires c~~4 .fverall aeme eun

P _&.jiitofiha Icensing

pr~.The NRC rules t' R 033%0:4

"9jQ5G54&ndappendlkS~to*:O CFR part

0 include requirements for the licensee's

emergency plans.

Specifically, OV1U jabilities for.

1. TAW e~gTap arts for..

EgikW. This review will Include

organizations with whom licensees have

written agreements to provide onsite support

services under emergency conditions.

z. 1f. gJI %owgptcy. plans..

W4"t.0el1y4plqa.nt...(.e.g., adequacy

and maintenance of procedures, training,

resources, staffing levels and qualifications.

and equipment).

3. Thdfiewwithe FEMA -findings and,.

d~~ts'lxnns~as, to wh'th--ei'6 ffsite plans are

adequate and-can be jimplemebteg.

4. ro'i'ri' iiadiological health and safety.

d'ei~l l t.rr.gard to the.e verall state of,

E•n•SpJ•uJI•q (I.e., Integration of

emergency preparedness onsite as

daterrninedby-the.NRC and offsite as

determined by FENIA 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.

Ill. Areas of Cooperation

A. NRC Licensing Reviews. WMA.will:,

*909MOUamof the adequacy. of offs, tei

ftdinaolapjq-yp9psmpan and1.W-1

•'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

facilityor materials license review, NRC w:l1

identify those fuel and materials licensees

with potential for significant accidental offsit• radiological releases and trantsmit a

request for review to FEMA as the emergency plans are completed."

FEMA routine support will include

providin-asessments, findings and

determinations (interim anTfinal) on offsite

plans and preparedness related to reactor

license reviews. To support its findings anrd

determinations, FEMA will make expert

witnesses available before the Commission,

the NRC Advisory Committee on Reactor

Safeguards, NRC hearings boards and

administrative law judges, for any court

actions, and during any related discovery

proceedings.

MU-103 M1July 30,1993
MEMORANDA OF UNDERSTANDING

FEMA will appear in NRC licensing

proceedings u 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

FEiMA 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 FEIMA

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 MOU shall be construed in

any way to diminish NRCs responsibility for

protecting the radio!ogical health and safety

of the public.

B. FEMA review of offsete plants and

preparedness. NRC will assist in the

development and review of offsite plans &-d

preparedness through its membership on the

Regional Assistance Committees (RAC).

FEMA will chair the Regional Assistance

Comrmittees. Consistent with NRC's statutory

responsibility. NRC will recogrnize FE'MA 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

govern.ments the results of any eva!uation of

their radiological emergency plans and

preparedness.

Whare ,q.p , arise concen•iu&g the

-.iparttion for and evaluati'on of joint exerrises. FEMA and NRC w ..1 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 review is to assure that both the onsite

considerations of NRC and the offsite

consideratio,tis 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/FEMA

procedures will provide for the availability of

exercise objectives and scenarios sufficiently

in advance'of scheduled 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 offsitte 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 )WI identify one of the following

conditions: •rbhare is reasonable assurance that the plans are adequate and can be

Lmplemen/pd as demonstrated in the

exercise; (r*)the-e 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 assure that the plan can be

implemented; orGFEMA 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 Stata'in 30 days. When

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 licenste

relhtive 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 goverrnments. 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.

E. Support for document management

system. FEMA and NRC will each provide

the other with continued access tothose

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

progroms. 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. FEMA will take the lead in

developing public information and

educational 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 generel

public-in the-event of an accident involving

radioactive materials.

IV. ,

The NRCfFEMA Steering Committee 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. 'Vbe.@rT

gl g 7-b ~ps~ 

The,. -k o

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.

A. The normal point of contact for

implementation 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 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. 1985.

William 1. Dircks.

Executive Director for Operations.

Approved for the Federal Emergency

Management Agency.

Dated: April 3, 1985.

Samuel W. Speck.

Associate Director, State and Local Programs

and Support.

Dated: June 28, 1993.

Jams L Witt,

Director.

Juy 3,1993 MU-104