MEMORANDUM OF UNDERSTANDING 

BETWEEN THE DEPARTMENT OF HOMELAND SECURITY /FEDERAL 

EMERGENCY MANAGEMENT AGENCY 

AND NUCLEAR REGULATORY COMMISSION 

REGARDING RADIOLOGICAL EMERGENCY RESPONSE, PLANNING, AND 

PREPAREDNESS 

I. PARTIES. The parties to this Agreement are the Department of Homeland 

Security/Federal Emergency Management Agency (DHS/FEMA) and the Nuclear 

Regulatory Commission (NRC). 

A. DHS/FEMA 

1. PRIMARY MISSION. The primary mission of DHS/FEMA is to reduce the loss of 

life and property and protect the Nation from all hazards, including natural disasters, 

acts of terrorism, and other man-made disasters, by leading and supporting the Nation 

in a risk-based, comprehensive emergency management system of preparedness, 

protection, response, recovery, and mitigation. 

2. SPEClFIC ACTIVITIES. In support of the primary mission of DHS/FEMA, the 

Technological Hazards Division (THD): 

a. Ensures that state, local, and tribal governments can adequately protect the 

health and safety of the public living in the vicinity of the utilization facilities, 

as defined by Public Law 96-295, in the event of an incident at a utilization 

faci I ities; 

b. Informs and educates the public about radiological emergency preparedness; 

and 

c. Supports and provides guidance to state, local, and tribal governments' 

emergency planning and preparedness activities that take place "offsite", or 

beyond the boundaries of the owner-controlled area around a utilization 

facility. 

B. NRC 

I. PRIMARY MISSION. The primary mission of the NRC is to license and regulate the 

Nation's civilian use of radioactive materials to protect public health and safety, 

promote the common defense and security, and protect the environment. NRC's 

regulatory mission covers three main areas: 

a. Reactors - Commercial reactors for generating electric power and research 

and test reactors used for research, testing, and training. 

b. Materials - Uses of nuclear materials in medical, industrial, and academic 

settings and facilities that produce nuclear fuel. 

c. Waste - Transportation, storage, and disposal of nuclear materials and waste, 

and decommissioning of nuclear facilities from service. 

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2. SPECIFIC ACTIVITIES. In support of the primary mission of the NRC, the Division 

of Preparedness and Response (DPR): 

a. Performs emergency preparedness licensing casework for Operating Reactors, 

Fuel Cycle, Independent Spent Fuel Storage Installations (ISFSI), and New 

Reactors; 

b. Conducts analysis and evaluations of emergency preparedness 

decommissioning requests; 

c. Initiates emergency preparedness rulemaking upon the Commission's 

direction; and 

d. Oversees the agency exercise program, responder qualifications, and readiness 

of the NRC Operations Center. 

II. AUTHORITY. This Agreement is authorized under the provisions of the Atomic Energy 

Act of 1954, as amended; the Energy Reorganization Act of 1974, as amended; NRC 

Authorization Act of 1980 (Public Law 96-295), § I 09; Robert T. Stafford Disaster 

Relief and Emergency Assistance Act, Public Law 93-288, as amended, 42 U.S.C. § 

5 13 1(a) and (b); 6 U.S.C. § 744; Executive Order 12127, as amended; Executive Order 

12 148, as amended; Executive Order 12657, as amended; Presidential Policy Directive-8 

(PPD-8): National Preparedness. 

III. PURPOSE. The purpose of this Agreement is to establish a framework of cooperation 

between the FEMA and NRC in radiological emergency response planning and 

preparedness matters so that their mutual efforts will be directed toward more effective 

plans and related preparedness measures at and in the vicinity of utilization facilities, as 

defined in Public Law 96-295. 

FEMA coordinates all Federal planning for offsite impact of radiological emergencies 

and takes the lead for assessing offsite radiological emergency response plans 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 FEMA's 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 the NRC 

to make radiological health and safety decisions in the issuance of licenses and the 

continued operation of licensed utilization facility to include taking enforcement actions 

such as notices of violations, civil penalties, orders, or shutdown of operating reactors. 

This delineation of responsibilities avoids duplicative efforts by the NRC in preparedness 

matters. 

IV. SUPERSEDES. This Agreement supersedes ( 1) the Memorandum of Understanding 

(MOU) between FEMA and NRC dated September 7, 1993 (58 FR 47997, September 14, 

1993), and published as Appendix A to 44 CFR part 353; (2) the MOU between FEMA 

and NRC relating to cooperation and responsibilities in response to an actual or potential 

radiological emergency entered into on October 22, 1980 (45 FR 827 15, December 15, 

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1980); and (3) the MOU between FEMA and NRC relating to Executive Order 12657 

concluded on December 1, 199 1. 

V. RESPONSIBILITIES. 

A. DHS/FEMA Responsibilities 

1. To take the Federal lead role in offsite emergency planning and preparedness 

activities 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 regulations which are set forth in 44 CFR Part 350 for requesting 

and reaching FEMA approval of state, local, and tribal plans, findings, and 

determinations on the current status of emergency planning and preparedness around 

particular sites, referred to as 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 upon specific NRC request. The request and findings will 

constitute written communications between the co-chairs of the FEMA/NRC Steering 

Committee. Any finding provided under this arrangement will constitute an 

extension of FEMA's review and approval of offsite radiological emergency plans 

and preparedness set forth in 44 CFR Part 350. Findings will be based on the review 

of currently available plans and joint exercise results related to a specific utilization 

facility, as defined by Public Law 96-295. 

a. Exercise evaluations will identify one of the following conditions: (I) there is 

reasonable assurance that the plans are adequate and can be implemented as 

demonstrated in the exercise; (2) there are inadequacies that must be 

corrected; or (3) a finding of reasonable assurance cannot be determined and 

FEMA will provide a schedule of actions leading to a decision. 

b. A Level I finding is defined as an observed or identified inadequacy of 

organizational performance in an exercise that could cause a finding that 

offsite emergency preparedness is not adequate to provide reasonable 

assurance that appropriate protective measures can be taken in the event of a 

radiological emergency to protect the health and safety of the public living in 

the vicinity of a utilization facility. Because of the potential impact of Level I 

findings on emergency preparedness, they should be corrected within 120 

days through appropriate remedial actions, including remedial exercises, 

drills, or other actions. 

When there are Level I findings of the types noted above, and there is 

potential for remedial actions, FEMA Headquarters will promptly (1-2 days) 

discuss these with NRC Headquarters. Within IO days of the exercise, official 

notification of the identified Level I finding will be made by FEMA to the 

State, NRC Headquarters, and the FEMA Regional Assistance Committee 

(RAC) with an information copy to the licensee. NRC will formally notify the 

licensee of the Level I finding and monitor the licensee's efforts to work with 

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State and local authorities to correct the identified inadequacy. Approximately 

60 days after official notification of the Level I finding, the NRC, in 

consultation with FEMA, will assess the progress being made towards 

resolution. 

3. If FEMA determines under 44 CFR § 350. 13 that offsite emergency plans or 

preparedness are not 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 shall withdraw approval. 

4. To lead the development of radiological preparedness focused information and 

education programs. 

5. To review applications under 10 CFR Part 52 for an early site permit, FEMA will 

receive pertinent information provided by the applicant, and forwarded by NRC, and 

determine whether there is any significant impediment to the development of offsite 

emergency plans. As appropriate, depending upon the nature of information provided 

by the applicant, the NRC may also request that FEMA determine whether major 

features of offsite emergency plans submitted by the applicant are acceptable, or 

whether offsite emergency plans submitted by the applicant are adequate, as 

discussed below. 

a. A 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 planning standards (44 CFR 350.5) and evaluation criteria of 

NUREG-0654/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); or (3) 

plans are inadequate and cannot be implemented until they are revised to 

correct inadequacies noted in the Federal review. 

b. 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 development and review of the plans. 

c. A finding on preparedness will be based on review of currently available plans 

and joint exercise results and will include an assessment as to (I) whether 

offsite emergency plans are adequate as measured against the planning 

standards (44 CFR 350.5) and criteria of NUREG-0654/FEMA-REP-l, and 

(2) whether an exercise(s) demonstrates that there is reasonable assurance that 

the plans can be implemented. 

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6. To assume responsibility, as a supplement to state, local, tribal, and utility efforts, for 

radiological emergency preparedness training of state, local, and tribal officials. 

7. To develop and issue an updated series of interagency assignments which delineate 

respective agency capabilities and responsibilities for coordination and direction for 

radiological emergency planning and preparedness activities for radiological incidents 

at fixed nuclear facilities and transportation incidents involving radioactive materials. 

[Current assignments are in 44 CFR Part 35 1, March 1 1, 1982. (47 FR 10758)] 

8. To inform the NRC if a disaster significantly damages the area around a licensed 

operating utilization facility and FEMA seriously questions the continued adequacy 

of offsite emergency preparedness. FEMA will also take the following actions: 

a. Perform a Preliminary Capabilities Assessment (PCA) to obtain an assessment 

of offsite emergency preparedness capabilities immediately following an 

event and assist FEMA in making a determination on the need and timing for 

a full disaster-initiated review (DIR) of offsite radiological emergency 

preparedness. Communication and coordination between FEMA and NRC 

during the PCA phase should be maintained primarily at the Regional level 

between the appropriate FEMA RAC Chair and NRC Regional State Liaison 

Officer (RSLO). The respective Regions will be responsible during the PCA 

phase for updating respective HQ staff on status. 

b. If determined that a DIR of offsite radiological emergency preparedness 

capabilities of the affected offsite jurisdiction(s) is necessary, the NRC will be 

informed 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. A DIR is not intended to be a comprehensive review of off site plans 

and preparedness. 

9. To support NRC licensing reviews related to utilization facilities, with regard to the 

assessment of the adequacy of offsite radiological emergency response plans and 

preparedness. This will include submittal of an evaluation suitable for inclusion in 

NRC safety evaluation reports. 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, and any court actions, including any related proceedings. 

FEMA will appear in NRC licensing proceedings as part of the presentation of the 

NRC staff. In accordance with the NRC's regulations and the discretion of the NRC 

licensing board, FEMA counsel will normally present FEMA witnesses and be 

permitted 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. 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 responsibi I ity cannot be resolved by the attorneys assigned, 

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resolution of any differences will be made by the Chief Counsel of FEMA and the 

General Counsel of the NRC or their designees. NRC will request the presiding 

officer to place FEMA on the service list for all litigation in which it is expected to 

participate. 

10. To notify the NRC upon receiving a licensee's request for Federal facilities and 

resources when a decline or fail situation exists (44 CFR 352.4). FEMA will consult 

with affected Federal agencies to determine the need for and commitment of Federal 

facilities and resources, consistent with Executive Order 12657, as amended. During 

this consultation process, FEMA will cooperate with affected agencies, including the 

NRC, to review the needs of the licensee, the Federal resources available, the 

conditions under which any assistance would be provided, and the options for 

obtaining reimbursement. 

11. To coordinate the discontinuation of FEMA REP Program Services when the NRC 

determines, through an approved exemption from IO CFR 50.4 7 and appendix E to 

Part 50 requirements or through other regulatory processes, that FEMA REP Program 

Services affecting offsite radiological emergency planning and preparedness are no 

longer required at a particular utilization facility. FEMA requires notification of the 

effective date from NRC to close out REP Program services. FEMA will make 

necessary notifications to state, local, and tribal entities. 

B. NRC Responsibilities 

1. To assess licensee emergency plans for adequacy. This review will include 

organizations with which 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 FEMA's 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 determined by FEMA and reviewed by NRC) 

such as the issuance of operating licenses and the regulation of the operation of 

licensed utilization facilities, as defined by Public Law 96-295, to include taking 

enforcement actions, such as issuing notices of violations, civil penalties, and orders, 

including the shutdowns of operating reactors. 

5. To identify those utilization facilities, as defined in Public Law 96-295, and transmit 

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

6. To review FEMA's findings and determinations upon receiving notification of 

FEMA's withdrawal of reasonable assurance, and formally document the NRC's 

position. When, as described, in IO CFR §§ 50.54(s)(2)(ii) and 50.54(s)(3), the NRC 

finds the state of emergency preparedness does not provide reasonable assurance that 

adequate protective measures can and will be taken in the event of a radiological 

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emergency, the NRC will notify the affected licensee accordingly and start the "120-

day clock." 1 

7. To 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 incident involving radioactive materials 

associated with utilization facilities as defined in Public Law 96-295. 

8. To inform FEMA of any information it received from licensees, its inspectors, or 

others, that raises serious questions about continued adequacy of offsite emergency 

preparedness. 

9. To consider information provided by FEMA Headquarters and pertinent findings 

from FEMA's PCA and/or DIR in making decisions regarding the restart or continued 

operation of an affected operating nuclear power reactor. The NRC will notify FEMA 

Headquarters, in writing, of the schedule for restart of an affected reactor and keep 

FEMA Headquarters informed of any changes in that schedule. 

I 0. To provide only advice to the licensee on assistance and resources, when a decline or 

fail situation (as defined in EO 12657, as amended) exists. 

11. To coordinate the discontinuation of FEMA REP Program Services, NRC will make 

the following notifications to FEMA, as the information becomes available, 

regarding: 

a. Which utilization facility will be undergoing decommissioning/closure; 

b. The decommissioning schedule to include the proposed dates for when FEMA 

REP Program Services are no longer needed; and 

c. The NRC-approved effective date that FEMA REP Program services are no 

longer needed. 

C. Both DHS/FEMA and NRC will: 

I. Conduct joint exercises. These joint exercises will include cooperation and 

coordination between the agencies for the following: 

a. Determining exercise requirements for licensees, and state, local, and tribal 

governments. To the extent practicable, both agencies will observe and 

evaluate exercises through implementation of the National Preparedness 

System, regulations, and programmatic guidance. 

b. Assuring that both onsite and offsite considerations are adequately addressed 

and integrated in a manner that provides a technically sound exercise upon 

which an assessment of preparedness capabilities can be based. 

2. Provide opportunity for the other agency to review and comment on guidance, 

including interpretations of agreed-upon joint guidance, and relevant research and 

1 Per IO CFR § 50.54(s)(2)(ii), the Commission will determine whether the reactor shall be shut down or other 

enforcement action is appropriate if such conditions are not corrected within four months. The NRC is not limited by 

this provision of the rule, for, as stated in IO CFR § 50.54(s)(3), "Nothing in this paragraph shall be construed as 

limiting the authority of the Commission to take action under any other regulation or authority of the Commission or 

at any time other than that specified in this paragraph". 

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development programs prior to adoption as formal agency guidance and/or 

implementation. 

3. Participate in the FEMA/NRC Steering Committee on Emergency Preparedness. The 

Steering Committee will continue to be the focal point for coordination of emergency 

planning and preparedness and 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 FEMA and 

NRC management. The Steering Committee will establish the day-to-day procedures 

for assuring that the arrangements of this MOU are carried out. Any follow-up reports 

or documentation of actions will be coordinated through the Steering Committee. 

Details of this arrangement are articulated in the FEMA/NRC Steering Committee 

Charter. 

4. Will maintain close communication between their respective Offices of Public 

Affairs/External Affairs, as much as practical, to maintain situational awareness of 

the external communication efforts of the other. Upon request, and when possible, 

FEMA will supply additional public affairs staff to augment the NRC's crisis 

communication response. 

5. Adhere to the preparedness, response, and recovery roles and responsibilities set forth 

in the National Preparedness System (NPS), National Planning Frameworks, and the 

Nuclear/Radiological Incident Annex (NRIA) to the National Response and Recovery 

Federal Interagency Operational Plans (FIOPs). 

VI. POINTS OF CONTACT. 

A. DHS/FEMA 

Timothy Greten, Acting Director 

Technological Hazards Division 

National Preparedness Directorate 

Federal Emergency Management Agency 

timothy.greten@fema.dhs.gov 

202.657 .2300 (office) 

1800 South Bell Street 

Arlington, VA 22202 

B. NRC 

Robert Lewis, Director 

Division of Preparedness and Response 

Office of Nuclear Security and Incident Response 

Nuclear Regulatory Commission 

robert.lewis@nrc.gov 

301 287-3779 (office) 

11545 Rockville Pike 

Rockville, MD 20852 

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VII. OTHER PROVISIONS. 

A. Nothing in this Agreement is intended to conflict with current law or regulations or 

the directives of OHS/FEM A or NRC. If a term of this Agreement is inconsistent 

with any such authority, and/or thereby deemed invalid, the remaining terms of this 

Agreement shall remain in full force and effect. 

B. Nothing in this Agreement is intended to restrict the authority of either party to act as 

provided by statute or regulation. 

C. Any information shared under this Agreement will comply with the Privacy Act, and 

to the extent required and allowable, the Freedom of Information Act (FOIA), and 

any other applicable statute, Executive Order, or regulation. 

D. This Agreement is between DHS/FEMA and NRC and does not confer or create any 

right, benefit, or trust responsibility, substantive or procedural, enforceable at law or 

equity, by any third person or party (public or private) against the United States, its 

agencies its officers, or any person; or against NRC, their officers or employees or 

any other person. 

E. The parties will use or display each other's name, emblem, or trademarks only in the 

case of particular projects and only with the prior written consent of the other party. 

The OHS seal is protected by 18 U.S.C. §§ 506, 70 1, and 10 17, among other laws, 

and use of the seal is controlled by the OHS Office of Public Affairs through OHS 

Management Directive No. 0030 (MD 0030). 

F. This Agreement, upon execution, contains the entire agreement of the parties and no 

prior written or oral agreement, express or implied, shall be admissible to contradict 

the provisions of this Agreement. 

G. This Agreement is not a fiscal or funds obligation document. Any funds, services or 

equipment provided to accomplish the goals anticipated under this agreement are 

done so without expectation of reimbursement or the payment of fees related to the 

provision of such services, equipment or personnel unless otherwise agreed. Any 

specific work or activity that involves the transfer of funds, services, or property 

among the parties will require execution of a separate agreement, and will be 

contingent upon the availability of appropriated funds. Such activities must be 

independently authorized by appropriate statutory or other authority. This Agreement 

does not provide such authority. 

VIII. EFFECTIVE DATE. The terms of this agreement will become effective upon the 

signature of both parties. 

IX. MODIFICATION. This agreement may be modified upon the mutual, written consent 

of the parties. 

X. TERMINATION. The terms of this agreement, as modified with the consent of both 

parties, will remain in effect until terminated by both or either parties. The agreement 

may be extended by mutual written agreement of the parties. Either party upon 60 days 

written notice to the other party may terminate this agreement. 

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X. 

XI. 

TERMINATION. The terms of this agreement, as modified with the consent of both 

parties, will remain in effect until terminated by both or either parties. The agreement 

may be extended by mutual written agreement of the parties. Either party upon 60 days 

written notice to the other party may terminate this agreement. 

A� 

W. Craig Fugate, Administrator, FEMA 

1�2/tr 

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