Federal Register / Vol. 74, No. 11 / Friday, January 16, 2009 / Notices 3107 

NUCLEAR REGULATORY 

COMMISSION 

[NRC–2009–0009] 

Final Memorandum of Understanding 

Between the U.S. Nuclear Regulatory 

Commission and the State of California 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Notice. 

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: 

Robert.Stransky@nrc.gov. 

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 State of California. The MOU 

provides the basis for mutually 

agreeable procedures whereby the State 

of California 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 State of 

California. 

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 the NRC and 

the State of California, ML083370327. 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 pdr@nrc.gov. 

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 State of 

California 

I. Authority 

The U.S. Nuclear Regulatory 

Commission (NRC) and the State of 

California enter into this Memorandum 

of Understanding (MOU) under the 

authority of Section 274i of the Atomic 

Energy Act of 1954, as amended. 

The State of California 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 State of 

California. 

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 State of California fulfills 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 the California 

Emergency Services Act, Government 

Code §§ 8550–8668. 

III. Scope 

A. This MOU defines the way in 

which NRC and the State of California 

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 State of California 

that 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 

California. 

B. It is understood by the NRC and the 

State of California that ERDS data will 

only be transmitted to the State of 

California 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 State of 

California, 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 State of California on 

matters not within the scope of this 

MOU. 

D. Nothing in this MOU confers upon 

the State of California 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 

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3108 Federal Register / Vol. 74, No. 11 / Friday, January 16, 2009 / Notices 

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 

State of California, up to 10 digital 

certificates for use by State designated 

personnel 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 of State of California. The 

NRC reserves the right to revoke digital 

certificates at any time. 

V. State of California’s General 

Responsibilities 

A. The State of California, through its 

lead radiological agency, will, in 

cooperation with the NRC, establish a 

capability to receive ERDS data. To this 

end, the State of California will provide 

the necessary computer hardware and 

commercially licensed software 

required for ERDS data transfer to users. 

B. The State of California will provide 

the NRC with an initial, and 

periodically updated, list of designated 

persons serving as holders of ERDS 

digital certificates. 

C. The State of California 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 its State 

boundary. 

D. For the purpose of minimizing the 

impact on plant operators, the State of 

California will seek clarification of 

ERDS data through the NRC. 

VI. Implementation 

A. The State of California and the 

NRC agree to work in concert to assure 

that the following communications and 

information exchange protocol 

regarding ERDS are followed: 

a. The State of California 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 the State of California 

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. The State of California will 

protect sensitive information to the 

extent permitted by the California 

Public Records Act, Government Code 

6250–6276.48, 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 

California Department of Public Health, 

Radiological Health Branch (California’s 

lead radiological agency) by the NRC. 

The California Department of Public 

Health, Radiological Health Branch 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 California 

Department of Public Health, 

Radiological Health Branch 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, 

Governor’s Office of Emergency Services 

for the State of California. 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 California 

Department of Public Health, 

Radiological Health Branch staff 

members on technical and other day-today activities. 

VIII. Resolution of Disagreements 

A. If disagreements arise about 

matters within the scope of this MOU, 

NRC and the State of California will 

work together to resolve these 

differences. 

B. Differences between the State of 

California 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. 

Dated: November 26, 2008. 

Martin Virgilio for R. William Borchardt, 

Executive Director for Operations. 

For the State of California. 

Dated: September 9, 2008. 

Henry Renteria, 

Director, Governor’s Office of Emergency 

Services. 

[FR Doc. E9–971 Filed 1–15–09; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[NRC–2009–0007] 

Final Memorandum of Understanding 

Between the U.S. Nuclear Regulatory 

Commission and the State of Missouri 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Notice. 

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 

mstockstill on PROD1PC66 with NOTICES