[Federal Register Volume 62, Number 28 (Tuesday, February 11, 1997)]
[Notices]
[Pages 6281-6283]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-3320]


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NUCLEAR REGULATORY COMMISSION

Final Memorandum of Understanding Between the U.S. Nuclear 
Regulatory Commission and the State of Vermont

AGENCY: Nuclear Regulatory Commission.

ACTION: Notice.

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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 Vermont. The MOU provides the basis 
for mutually agreeable procedures whereby the State of Vermont may 
utilize the NRC Emergency Response Data System (ERDS) to receive data 
during an emergency at a commercial nuclear power plant in Vermont. 
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 December 10, 1996.

ADDRESSES: Copies of all NRC documents are available for public 
inspection and copying for a fee in the NRC Public Document Room, 2120 
L Street, N.W. (Lower Level), Washington, DC.

FOR FURTHER INFORMATION CONTACT: John R. Jolicoeur or Eric D. 
Weinstein, Office for Analysis and Evaluation of Operational Data, U.S. 
Nuclear Regulatory Commission, Washington, DC 20555. Telephone (301) 
415-6402 or (301) 415-7559.

SUPPLEMENTARY INFORMATION: The attached MOU is intended to formalize 
and define the manner in which the NRC will cooperate with the State of 
Vermont to provide data related to plant conditions during emergencies 
at commercial nuclear power plants in Vermont.

    Dated at Rockville, Maryland, this 28th day of January, 1997.

    For the U.S. Nuclear Regulatory Commission.
Denwood F. Ross, Jr.,
Acting Director, Office for Analysis and Evaluation of Operational 
Data.

Agreement Pertaining to the Emergency Response Data System Between the 
State of Vermont and the U.S. Nuclear Regulatory Commission

I. Authority

    The U.S. Nuclear Regulatory Commission (NRC) and the State of 
Vermont enter into this Agreement under the authority of Section 274i 
of the Atomic Energy Act of 1954, as amended.
    The State of Vermont 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.

II. Background

    A. The Atomic Energy Act of 1954, as amended, and the Energy 
Reorganization Act of 1974, as amended, authorize 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 protect the public health and 
safety can be served by a policy of cooperation with the State 
governments and has formally adopted a policy statement on 
``Cooperation with States at Commercial Nuclear Power Plants and Other 
Nuclear Production or Utilization Facilities'' (54 FR 7530, February 
22, 1989). The policy statement provides that NRC will consider State 
proposals to enter into instruments of cooperation for certain programs 
when these programs have provisions to ensure close cooperation with 
NRC. This agreement is intended to be consistent with, and implement 
the provisions of the NRC's policy statement.
    C. NRC fulfills its statutory mandate to regulate nuclear power 
plant safety by, among other things, responding to emergencies at the 
licensee's facilities and monitoring the status and adequacy

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of the licensee's responses to emergency situations.
    D. The State of Vermont fulfills its statutory mandate to provide 
for preparedness, response, mitigation, and recovery in the event of an 
accident at a nuclear power plant through the State of Vermont 
Emergency Management, Radiological Emergency Response Program.

III. Scope

    A. This Agreement defines the way in which NRC and Vermont 
Emergency Management will cooperate in planning and maintaining the 
capability to transfer reactor plant data via the Emergency Response 
Data System (ERDS) during emergencies at nuclear power plants in the 
State of Vermont.
    B. It is understood by the NRC and the State of Vermont that ERDS 
data will only be transmitted by a licensee during emergencies 
classified at the Alert level or above, during scheduled tests, or 
during exercises when available.
    C. Nothing in this Agreement is intended to restrict or expand the 
statutory authority of NRC, the State of Vermont, or to affect or 
otherwise alter the terms of any agreement in effect under the 
authority Section 274b of the Atomic Energy Act of 1954, as amended; 
nor is anything in this Agreement intended to restrict or expand the 
authority of the State of Vermont on matters not within the scope of 
this Agreement.
    D. Nothing in this Agreement confers upon the State of Vermont 
authority to (1) interpret or modify NRC regulations and NRC 
requirements imposed on the licensee; (2) take enforcement actions; (3) 
issue confirmatory letters; (4) amend, modify, or revoke a license 
issued by NRC; or (5) direct or recommend nuclear power plant employees 
to take or not to take any action. Authority for all such actions is 
reserved exclusively to the NRC.

IV. NRC's General Responsibilities

    Under this agreement, NRC is responsible for maintaining the 
Emergency Response Data System. ERDS is a system designed to receive, 
store and retransmit data from in-plant data systems at nuclear power 
plants during emergencies. The NRC will provide user access to ERDS 
data to one user terminal for the State of Vermont during emergencies 
at nuclear power plants which have implemented an ERDS interface and 
for which any portion of the plant's 10 mile Emergency Planning Zone 
(EPZ) lies within the State of Vermont. The NRC agrees to provide 
unique software already available to NRC (not commercially available) 
that was developed under NRC contract for configuring an ERDS 
workstation.

V. Vermont Emergency Management's General Responsibilities

    A. Vermont Emergency management will, in cooperation with the NRC 
establish a capability to receive ERDS data. To this end, Vermont 
Emergency Management will provide the necessary computer hardware and 
commercially licensed software required for ERDS data transfer to 
users.
    B. Vermont Emergency management agrees not to use ERDS to access 
data from nuclear power plants for which a portion of the 10 mile 
Emergency Planning Zone does not fall within its State boundary.
    C. For the purpose of minimizing the impact on plant operators, 
clarification of ERDS data will be pursued through the NRC.

VI. Implementation

    Vermont Emergency Management 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. Vermont Emergency Management 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 Vermont Emergency Management 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 Vermont Emergency Management 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 will be provided to Vermont Emergency 
Management by the NRC. Vermont Emergency Management 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, Vermont Emergency 
Management 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.

VII. Contacts

    A. The principal senior management contacts for this Agreement will 
be the Director, Incident Response Division, Office for Analysis and 
Evaluation of Operational Data, and the Director, Vermont Emergency 
Management. These individuals may designate appropriate staff 
representatives for purpose of administering this Agreement.
    B. Identification of these contacts is not intended to restrict 
communication between NRC and Vermont Emergency Management 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 Vermont Emergency Management 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 Incident Response Division management.
    C. Differences which cannot be resolved in accordance with Sections 
VIII.A and VIII.B will be reviewed and resolved by the Director, Office 
of Analysis and Evaluation of Operational Data.
    D. The NRC's General Counsel has the final authority to provide 
legal interpretation of the Commission's regulations.

IX. Effective Date

    The 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.

XI. Separability

    If any provision(s) of this Agreement, or the application of any 
provision(s) to any person or circumstances is held invalid, the 
remainder of this Agreement and the application of such

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provisions to other persons or circumstances will not be affected.

    For the U.S. Nuclear Regulatory Commission.

    Dated: December 2, 1996.
James M. Taylor,
Executive Director for Operations.

    For the State of Vermont.

    Dated: December 10, 1996.
George L. Lowe,
Director, Vermont Emergency Management.
[FR Doc. 97-3320 Filed 2-10-97; 8:45 am]
BILLING CODE 7590-01-M