MEMORANDUM OF AGREEMENT 

BETWEEN THE 

U.S. NUCLEAR REGULATORY COMMISSION 

AND THE 

FEDERAL ENERGY REGULATORY COMMISSION 

PURPOSE 

The purpose of this memorandum of agreement (MOA) is to facilitate interactions between the 

U.S. Nuclear Regulatory Commission (NRC) and the Federal Energy Regulatory Commission 

(FERC) on matters of mutual interest related to the nation's electric power grid reliability and 

nuclear power plant safety and security, including but not limited to coordination of activities 

related to cybersecurity, physical protection, and emergency response. 

This MOA sets forth the basic principles and guidelines under which the two Commissions and 

their staffs will work together to accomplish these tasks. 

PRINCIPLES OF COOPERATION 

Article 1. Responsibility 

The NRC and FERC will mutually coordinate, prioritize, integrate, and manage the tasks 

undertaken related to this MOA. The NRC and FERC will identify managers to implement and 

coordinate these mutual activities. The managers will mutually reach consensus on the scope 

of work; deliverables (if any) and delivery dates; anticipated products and outcomes; periods of 

performance; levels of funding and resources to be provided for each activity by the parties; and 

any other appropriate and necessary aspects of mutual activities. This MOA does not serve to 

commit or obligate appropriated funds. The NRC's and FERC's activities, efforts, and tasking 

under this MOA are subject to the availability of appropriated funds and resources. This MOA 

recognizes the responsibilities of individual agencies and does not diminish in any way the 

responsibility of any Federal agency or take away any authority from any Federal agency to 

pursue its legislated regulatory programs. 

The Electrical Engineering Branch (EEEB) in the NRC's Division of Engineering, Office of 

Nuclear Reactor Regulation, has the responsibility for evaluating the design and operation of 

nuclear power plant electric power grid systems. EEEB is also responsible for assessing the 

reliability and integrity of the electric power grid as these relate to nuclear power plant safety. 

The Office of Electric Reliability (OER) in the FERC oversees the development and review of 

mandatory reliability and security standards and the compliance with the approved mandatory 

standards by the users, owners, and operators of the bulk power system. The Office of Energy 

Infrastructure Security (OEIS) in the FERC provides services to enhance energy infrastructure 

security from both a cyber and physical security perspective beyond compliance with mandatory 

standards. EEEB shall communicate with FERC's OER and OEIS its implementation of policies 

and action plans for addressing grid concerns that have the potential to impact the safe 

operation of nuclear power plants. FERC's OER and OEIS shall communicate their activities 

involving the reliability, integrity, security, and operation of the bulk power system with the 

NRC's EEEB. 
Article 2. Guidelines for Cooperative Work 

The NRC and FERC shall work together to avoid technical, regulatory, and policy conflicts. This 

will be normally accomplished by FERC and the NRC consulting with each other in regard to the 

availability of technical, regulatory, and policy information that would be useful in the areas of 

mutual interest. The NRC and FERC will also coordinate to promote and encourage a free flow 

of such information. 

However, the development and implementation of solutions to technical, regulatory, and policy 

issues shall be done independently by the parties outside the terms of this MOA. 

The information and results gained as a result of the cooperative work will be shared between 

the Commissions. To keep the Commissions apprised of the status of the work by each staff, 

the staffs will meet periodically to discuss in detail all planned and ongoing activities, including 

associated milestones and schedules. 

The publication of any products resulting from the cooperative work in reports, journals, or 

conference proceedings will be at the discretion of the publishing Commission. The content of 

any such publications will follow all applicable information security requirements assigned to the 

category of information addressed in the publication as described in Article 3.1, "Information 

Security and Exchange," below. Each Commission reserves the right to review such 

publications before their issuance. In addition, a statement should be made in any such 

publications that any actions initiated by a particular Commission reflect the views of only that 

Commission, and unless otherwise endorsed in writing, do not represent the views of the other 

Commission. 

Article 3. Information Sharing 

Article 3.1 Information Security and Exchange 

The exchange of information that is deemed necessary for the conduct of cooperative work 

assignments will be accomplished in accordance with the rules, regulations, and requirements 

established by the originating agency for the specific category of information to be shared. For 

sensitive-unclassified information such as Proprietary, Critical Energy Infrastructure Information, 

and Safeguards Information, the holder of the information will provide written instructions to the 

receiving agency regarding the specific access controls, handling, transmission, packaging, 

physical protection, and need-to-know requirements assigned to the information being 

transmitted, as well as any Freedom of Information Act exemptions that may apply. For 

classified information, the specific requirements of all applicable laws, regulations, and 

Executive Orders will be followed. The receiving agency will be responsible for ensuring that all 

applicable requirements are followed to include any inspection activities that must be performed. 

The receiving agency will be responsible for notifying the originating agency of any unauthorized 

disclosures, to include the loss of sensitive—unclassified information, as soon as practicable. 

The receiving agency will not further disseminate any sensitive-unclassified information shared 

under this MOA without notifying and receiving the written consent of the originating agency. 

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Article 3.2 Emergency Response 

The Nuclear/Radiological Incident Annex (NRIA) to the National Response Framework (NRF) 

describes the policies, situations, concepts of operations, and responsibilities of the Federal 

departments and agencies governing the immediate response and short-term recovery activities 

for incidents involving release of radioactive materials to address the consequences of the 

event. The NRIA applies to incidents where the nature and scope of the incident requires a 

Federal response to supplement the state, local, or tribal incident response. FERC and the 

NRC agree to share operational event information in accordance with the NRF system, with a 

view towards maintaining a common operating picture. The NRC and FERC will adhere to the 

operational roles and responsibilities set forth in the NRF and NRIA as well as the guidelines 

outlined by the National Incident Management System. 

Article 4. Security 

4.1 Cybersecurity 

The NRC has issued regulations governing cybersecurity in nuclear power plants. FERC has 

issued orders finding that the Critical Infrastructure Protection Reliability Standards are 

applicable to portions of a nuclear power plant. Consistent with their respective responsibilities 

and jurisdiction, the NRC and FERC will coordinate their activities regarding nuclear power plant 

cybersecurity, including sharing of information on threats, security, and event response. FERC 

agrees that the NRC licensing and oversight of components that may impact radiological safety 

and also affect reactivity will be assessed as part of the NRC programs. 

4.2 Physical Protection 

The NRC has issued regulations governing physical protection programs at nuclear power 

plants. FERC approved Reliability Standards for physical protection. Consistent with their 

respective responsibilities and jurisdiction, the NRC and FERC will coordinate their activities 

regarding the physical protection of shared critical infrastructure assets, including sharing of 

information on threats. 

Article 5. Active Involvement in Existing, Planned and Future Grid-Related Activities 

To enable the Commissions to better monitor and assess the grid during normal, alert, and 

emergency operational conditions, active involvement of the Commissions' staff personnel in 

existing and future programs will be considered. This could include participation in FERC and 

North American Electric Reliability Corporation technical working groups, as well as the sharing 

of historical grid data and other information not publicly available. 

Article 6. Effective Date 

This MOA is effective upon signing and will remain in effect unless and until terminated as 

provided under Article 8 of this MOA. 

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Article 7. Amendments 

This MOA may be modified or amended by mutual written agreement. 

Article 8. Termination 

This MOA will expire 60 months from the date of execution unless renewed by mutual written 

agreement. This MOA may be terminated at any time by mutual written agreement of the 

parties or by one party 90 days after providing written notification of termination. 

AGREEMENT 

Date: q /(/15 C7`f f-\ • C\3.--C____94 - ._ ) Date: R 

Michael Bardee 

Director, Office of Electric Reliability 

Federal Energy Regulatory Commission 

Mark A. Satorius 

Executive Director for Operations 

U.S. Nuclear Regulatory Commission 

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