[Federal Register Volume 74, Number 11 (Friday, January 16, 2009)]
[Notices]
[Pages 3105-3106]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-966]



[[Page 3105]]

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NUCLEAR REGULATORY COMMISSION

[NRC-2009-0008]


Final Memorandum of Understanding Between the U.S. Nuclear 
Regulatory Commission and the Virginia Department of Health

AGENCY: Nuclear Regulatory Commission.

ACTION: Notice.

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FOR FURTHER INFORMATION CONTACT: Robert Stransky, Senior Emergency 
Response Coordinator, Operations Branch, Division of Preparedness and 
Response, Office of Nuclear Security and Incident Response, U.S. 
Nuclear Regulatory Commission, Washington, DC 20555. Telephone: (301) 
415-6411; fax number: (301) 415-6382; e-mail: <a href="/cdn-cgi/l/email-protection#4d1f222f283f39631e393f2c233e26340d233f2e632a223b"><span class="__cf_email__" data-cfemail="8edce1ecebfcfaa0ddfafcefe0fde5f7cee0fceda0e9e1f8">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. Introduction

    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 Virginia Department of Health, an agency of 
the Commonwealth of Virginia. The MOU provides the basis for mutually 
agreeable procedures whereby the Virginia Department of Health may 
utilize the NRC Emergency Response Data System (ERDS) to receive data 
during an emergency at a commercial nuclear power plant whose 10-mile 
Emergency Planning Zone lies within the Commonwealth of Virginia.

II. Effective Date

    This MOU is effective November 26, 2008.

III. Further Information

    Documents related to this action, including the application for 
amendment and supporting documentation, are available electronically at 
the NRC's Electronic Reading Room at http://www.nrc.gov/reading-rm/adams.html. From this site, you can access the NRC's Agencywide 
Documents Access and Management System (ADAMS), which provides text and 
image files of NRC's public documents. The ADAMS accession number for 
the document related to this notice is: Memorandum of Understanding 
Between NRC and the VA Department of Health ML 08337043. If you do not 
have access to ADAMS or if there are problems in accessing the 
documents located in ADAMS, contact the NRC Public Document Room (PDR) 
Reference staff at 1-800-397-4209, 301-415-4737 or by e-mail to 
<a href="/cdn-cgi/l/email-protection#03736771436d71602d646c75"><span class="__cf_email__" data-cfemail="71011503311f03125f161e07">[email protected]</span></a>.
    These documents may also be viewed electronically on the public 
computers located at the NRC's Public Document Room (PDR), O 1 F21, One 
White Flint North, 11555 Rockville Pike, Rockville, MD 20852. The PDR 
reproduction contractor will copy documents for a fee.

    Dated at Rockville, Maryland this 8th day of January, 2009.

    For the Nuclear Regulatory Commission.
William A. Gott,
Chief, Operations Branch, Division of Preparedness and Response, Office 
of Nuclear Security and Incident Response.

Memorandum of Understanding Pertaining to the Emergency Response Data 
System Between the U. S. Nuclear Regulatory Commission and the Virginia 
Department of Health

I. Authority

    The U.S. Nuclear Regulatory Commission (NRC) and the Virginia 
Department of Health (VDH), an agency of the Commonwealth of Virginia, 
enter into this Memorandum of Understanding (MOU) under the authority 
of section 274i of the Atomic Energy Act of 1954, as amended.
    The Commonwealth of Virginia 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. Nothing in this MOU is intended to 
restrict or expand the scope of regulatory authority of either the NRC 
or the Commonwealth of Virginia.
    In the Commonwealth of Virginia, the VDH, through its Division of 
Radiological Health and Safety Regulation (a division within VDH's 
Office of Epidemiology), is the state radiation control agency and 
implements the program regulating sources of radiation, not otherwise 
regulated by the NRC, for the protection of public health and safety. 
The Virginia Department of Emergency Management (VDEM) administers 
emergency services and disaster preparedness programs in the 
Commonwealth of Virginia.

II. Background

    A. The Atomic Energy Act of 1954, as amended, and the Energy 
Reorganization Act of 1974, as amended, authorize the 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 agency responsible for 
regulating nuclear power plant safety.
    B. NRC believes that its mission to protect public health and 
safety can be served by a policy of cooperation with 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 25, 1992). 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 MOU 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 
licensee facilities and monitoring the status and adequacy of 
licensees' responses to emergency situations.
    D. The Commonwealth of Virginia fulfills, through the VDH and VDEM, 
its statutory mandate to provide for preparedness, response, 
mitigation, and recovery in the event of an accident at a nuclear power 
plant through its statutes located in Titles 32.1 and 44 of the Code of 
Virginia.

III. Scope

    A. This MOU defines the way in which NRC and VDH intend to 
cooperate in planning and maintaining the capability to transfer 
reactor plant data via the Emergency Response Data System (ERDS) during 
emergencies at commercial nuclear power plants in the Commonwealth of 
Virginia that have implemented an ERDS interface, and for which any 
portion of the plant's 10-mile Emergency Planning Zone (EPZ) lies 
within the Commonwealth of Virginia.
    B. It is understood by the NRC and the VDH that ERDS data will only 
be transmitted to the Commonwealth of Virginia during emergencies 
classified at the Alert level or above, during scheduled tests, or 
during exercises when available.
    C. Nothing in this MOU is intended to restrict or expand the 
statutory authority of the NRC, the Commonwealth of Virginia, VDH, or 
VDEM, or to affect or otherwise alter the terms of any agreement in 
effect under the authority of section 274b of the Atomic Energy Act of 
1954, as amended; nor is anything in this MOU intended to restrict or 
expand the authority of the

[[Page 3106]]

Commonwealth of Virginia, VDH, or VDEM, on matters not within the scope 
of this MOU.
    D. Nothing in this MOU confers upon the Commonwealth of Virginia, 
VDH, or VDEM, the 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 the NRC; or (5) direct or recommend nuclear power 
plant employees to take, or not take, any action. Authority for all 
such actions is reserved exclusively to the NRC.
    E. This MOU does not confer any binding obligation or right of 
action on either party. This MOU does not obligate any funds and is 
subject to the availability of appropriated funds.

IV. NRC's General Responsibilities

    Under this MOU, the NRC will maintain ERDS. 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 the Commonwealth of Virginia, up to 10 digital certificates for 
use by designated personnel within the VDH and VDEM in accessing ERDS 
data during emergencies at nuclear power plants which have implemented 
an ERDS interface, and for which any portion of the plant's 10-mile EPZ 
lies within the Commonwealth of Virginia. The NRC reserves the right to 
revoke digital certificates at any time.

V. VDH General Responsibilities

    A. VDH, through its lead radiological agency, will, in cooperation 
with the NRC, establish a capability to receive ERDS data. To this end, 
VDH will provide the necessary computer hardware and commercially 
licensed software required for ERDS data transfer to users.
    B. VDH will provide the NRC with an initial, and periodically 
updated, list of designated persons serving as holders of ERDS digital 
certificates.
    C. VDH will use ERDS only to access data, at the Alert level or 
higher, from nuclear power plants for which all or a portion of the 10-
mile EPZ falls within the boundaries of the Commonwealth of Virginia.
    D. For the purpose of minimizing the impact on plant operators, the 
Commonwealth of Virginia will seek clarification of ERDS data through 
the NRC.

VI. Implementation

    A. VDH and the NRC agree to work in concert to assure that the 
following communications and information exchange protocol regarding 
ERDS are followed:
    a. VDH and the NRC agree in good faith to make available to each 
other information within the intent and scope of this MOU.
    b. NRC and VDH agree to meet as necessary to exchange information 
on matters of common concern pertinent to this MOU. Unless otherwise 
agreed, such meetings will be held in the NRC Headquarters Operations 
Center. The affected utilities will be kept informed of pertinent 
information covered by this MOU.
    c. To preclude the premature release of sensitive information, NRC 
will protect sensitive information to the extent permitted by the 
Freedom of Information Act, 5 U.S.C. 552, Title 10 of the Code of 
Federal Regulations, Part 2.790, and all other applicable authority. 
VDH and its Division of Radiological Health and Safety Regulation will 
protect sensitive information to the extent permitted by the Virginia 
Freedom of Information Act (Va-Code Ann. 2.2-3700 through 2.2-3715), 
and all other applicable authority.
    d. NRC will conduct periodic tests of licensee ERDS data links. A 
copy of the test schedule will be provided to the VDH, through its 
Division of Radiological Health and Safety Regulation (Virginia's lead 
radiological agency) by the NRC. The VDH Division of Radiological 
Health and Safety Regulation 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, the VDH, through its 
Division of Radiological Health and Safety Regulation will coordinate 
with the 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 MOU will be 
Director, Division of Preparedness and Response, Office of Nuclear 
Security and Incident Response for the NRC, and the Director, Division 
of Radiological Health and Safety Regulation for the VDH. These 
individuals may designate appropriate staff representatives for the 
purpose of administering this MOU.
    B. Identification of these contacts is not intended to restrict 
communication between NRC and VDH staff members, in particular those 
within the Division of Radiological Health and Safety Regulation, on 
technical and other day-to-day activities.

VIII. Resolution of Disagreements

    A. If disagreements arise about matters within the scope of this 
MOU, NRC and the VDH will work together to resolve these differences.
    B. Differences between the VDH and NRC staff over issues arising 
out of this MOU will, if they cannot be resolved in accordance with 
Section VIII.A, be resolved by the Director of the NRC Division of 
Preparedness and Response, Office of Nuclear Security and Incident 
Response.
    C. Differences which cannot be resolved in accordance with Sections 
VIII.A and VIII.B will be reviewed and resolved by the NRC's Director, 
Office of Nuclear Security and Incident Response.
    D. The NRC's General Counsel has the final authority to provide 
legal interpretation of the Commission's regulations.

IX. Effective Date

    This MOU 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 MOU and 
resolve any problems identified. This MOU 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 MOU or the application of any 
provision(s) to any person or circumstances is held invalid, the 
remainder of this MOU and the application of such provisions to other 
persons or circumstances will not be affected.

    For the U.S. Nuclear Regulatory Commission.
Martin Virgilio for R. William Borchardt,
Executive Director for Operations.
    For the Commonwealth of Virginia, Virginia Department of Health.

    Dated: July 9, 2008.
Dr. Carl Armstrong,
Director, Office of Epidemiology, Virginia Department of Health.
 [FR Doc. E9-966 Filed 1-15-09; 8:45 am]
BILLING CODE 7590-01-P


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