ML19296C451
| ML19296C451 | |
| Person / Time | |
|---|---|
| Issue date: | 01/19/1980 |
| From: | Atiyeh V, Gossick L NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO), OREGON, STATE OF |
| To: | |
| Shared Package | |
| ML19296C449 | List: |
| References | |
| NUDOCS 8002260075 | |
| Download: ML19296C451 (12) | |
Text
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MEMCRANOGM CF UNDERSTANDING BETWEEN THE STATE OF CREGCN AND THE U. S. NUCLEAR REGULATORY CCMMISSION 8002260 0 7 7
MEMORANDUM 0F UNDERSTANDING BETWEEN THE STATE OF OREGON AND THE U. S. NUCLEAR REGULATORY COMMISSION This Memorandum of Understanding between the State of Oregon (hereafter
" State") and the U. S. Nuclear Regulatory Commission (hereafter "NRC")
expresses the desire of the parties to cooperate in the regulation of nuclear activities; it sets forth mutually agreeable orinciples of cooperation between the State and NRC in areas subject to the jurisdiction of the State or the NRC or both.
This agreement is intended to orovide the basis of subsequent detailed sub-agreements between the carties.
Close cooperation between the signatories will help assure that the goals and policies of State and Federal law will be carried out efficiently and expeditiously without diminishina the responsibilities or authorities of either party.
With the execution of this Memorandum, the State and NRC agree regularly to consult and cooperate in exoloring and devising approoriate procedures to minimize duplication of effort to the extent permitted by State and Federal law, to avoid delays in decision making and to ensure the exchange of information that is needed to make the most effective use of the resources of the State and NRC in order to accomplish the purpose of both parties.
Principles of Cooperation 1.
The State and NRC aaree to exolore together the development of detailed sub-agreements in areas of mutual concern, including siting of nuclear facilities;* water quality; nuclear facility operation; confirmatory radiological and environmental monitoring around nuclear facilities; decomissionina of nuclear facilities; emergency preparedness planning; resoonse to radiological incidents; security plannino; personnel training and exchange; and radioactive material transoortation monitoring.
For the purpose of this Memorandum of Understanding, the term nuclear facilities is defined to include the following plants or f acilities within Oregon to the extent that these facilities are not covered by the NRC-State agreement referenced in caragraph 4:
a.
Nuclear power, research, and test facilities, and associated facilities; b.
Nuclear fuel reprocessing facilities; c.
Uranium isotope enrichment facilities; d.
Nuclear fuel fabrication plants; e.
Nuclear waste treatment, storage, and disposal plants; f.
Uranium milling plants and mill tailings; and g.
Uranium hexafluoride conversion plants.
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2.
Sub-agreements under this Memorandum may provide for activities to be performed by either party under mutually accentable guidelines and criteria which assure that the needs of both are met.
For activities performed by one party at the request of the other party under specific sub-agreements to this Memorandum, either party may explore means by which compensation can be made available to the other party or by which the costs may be shared by the parties.
3.
Each party agrees to concurrently supply the other oarty cooies of written corresoondence between it and the operator of a nuclear facility in Oregon.
This agreement applies to Droprietary information except as specifically provided in the attached Sub-agreement 1.
Each party stands ready at 'Me request of the other to provide reasonably available technical information.
4.
Nothing in this Memorandum is intended to restrict or extend the constitutional or statutory authority of either NRC or the State or to affect or vary the terms of the present agreement (signed by Oregon Governor Mark 0. Hatfield and AEC Chairman Glenn T Seaborg in June 1965) between the State and NRC under Section 274b of the Atomic Energy Act of 1954, as amended.
5.
The principal NRC contact under this Memorandum shall be the Directcr of the Of fice of State Programs.
The orincipal State contact shall be tne Director of the Oregon Department of Energy or his or her designee.
Sub-agreements will name aporopriate individuals, agencies or offices as contacts.
6.
This Memorandum shall take ef fect immediately upon signing by the Governor of the State of Oregon and the Executive Director for Operations of the Nuclear Regulatory Commission, and may be terminated upon 30 days written notice by either party.
/
Victor Atiyeh Governor is/f ay
/f[8 FOR THE UNITED STATES NUCLEAR REGULATORY COMMISSION 2'AW:/
'f lee V. Gossick Executive Director for Ooerations Dated at MA'4 's This f
- day of
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SUS-AGREEMENT I BETWEEN THE CREGCN DEPARTMENT OF ENERGV AND THE U.S. MUCLEAR REGULATORY COMMISSION
SUB-AGREEMENT 1 BETWEEN THE OREGON DEPARTMENT OF ENERGY AND THE U. S. NUCLEAR REGULATORY COMMISSION PROTECTIVE AGREEMENT FOR EXCHANGE OF INFORMATION A.
Scoce This sub-agreement governs'the conveyance between the United States Nuclear Regulatory Commission (NRC) and the Oregon Department of Energy (CDOE) of documentary material, or copies thereof, "containing trade secrets or privileged or confidential commercial, financial, security information" ("proorietary information") or inspection manuals regarding nuclear facilities (whether planned, under construction or completed) witnin the State of Oregon.
All such information shall be transmitted and received in confidence by the parties to this sub-agreement.
B.
Provisior.s for the Conveyance of Information between the NRC and the ODCE 1,
Pursuant to 10 CFR 2.790 and 10 CFR 9.5(a) of the NRC's regulations, the conveyed information is to be sithheld from public disclosure.
2.
10 CFR 2.790(b)(6) of the NRC's regulations permits the NRC to allow proprietary information to be subject to inspection under a protective agreement.
Additionally, the NRC's disclosure in confidence of NRC inspection manuals by tnis agreement is expressly not to be construed as a public disclosure of those documen ts.
3.
ODOE agrees to accept and protect from public disclosure the materials provided by the NRC in confidence pursuant to one or more of the following sections of the Oregon revised statues (ORS):
192.500 (2)(b),192.500 (2)(c),192.500 (2)(a), 469.080, 469.090, 469.560, and 469.990.
4.
The only persons permitted access to information provided to 000E by NRC as a result of a conveyance under this agreement shall be the Director of the 000E (" Director"), members of the Energy Facility Siting Council (EFSC), the Administrator of the Siting and Regulation Program of the 000E ("Sitina and Regulation Administrator"), and the nuclear engineer staff nembers of the Siting and Regulation Program (" nuclear engineers").
l
2-5.
Materials conveyed to the ODOE under this agreement shall be stored in a bank safe deposit box or a locked security cabinet or safe to which access shall be provided no persons other than the Director, the Siting and Regulation Administrator, and the nuclear encineers.
6.
The Director, EFSC members, Siting and Pegulation Administrator, and nuclear ^ngineers shall make no copies of materials conveyed to the ODOE under this a'greement and shall discuss the information conveyed to the ODOE under this agreement with no persons other than themselves, the appropriate representatives of the comoanies which supplied the information to the NRC, and the aporopriate representatives of the NRC.
7.
000E will maintain an inventory of all documents received under this agreement.
The inventory and documents will be available for NRC review uoan request.
8.
ODOE agrees to review annually its inventory of conveyed information and return those items no longer needed.
C.
Classified Information In the event ODOE requires access to classified information (e.g.,
restricted data or national security information), CD0E will work with NRC to obtain the necessary authorization and to provide the necessary facilities to review and store such information in accordance with all Federal rules and regulations.
D.
Authority Nothing in this sub-agreement is intended to restrict or extend the constitutional or statutory authority of either NRC or the State.
E.
Con tac ts The principal NRC contact under this sub-agreement shall be the Chief, Safeguards Branch, Reaion V.
The principal State contact shall be tne Administrator, Siting and Regulation of the Oregon Department of Energy.
F.
Effective Date This sub-agreement shall take effect immediately upon signing by the Director of the Oregon Department of Energy e.d the Executive Director for Ooerations of the Nuclear Regulatorv Commission, and may be terminated upon 30 days written notice by either party.
FOR THE OREGON DEPARTMENT OF ENERGY N
V g lynn Fyank' Director Dated at
'N This /
day ok
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FOR THE UNITED STATES NUCLEAR REGULATORY COMMISSION
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y ee V. Gossick Executive Director for Operations Dated at h j This yc8uday of
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SUS-AGREEMENT 2 BETWEEN THE CREGCN DEPARTMENT OF ENERGY AND THE U. S. NUCLEAR REGULATORY COMMISSICN
SUB-AGREEMENT 2 BETWEEN THE OREGON DEPARTMENT OF ENERGY AND THE U. S. NUCLEAR REGULATORY COMMISSION RESIDENT INSPECTORS A.
Scope This sub-agreement covers the relationship between the United States Nuclear Regulatory Commission (NRC) and the Oregon Department of Energy concerning their respective resident inspector programs at the Trojan Nuclear Facility (Trojan) located 30 miles northwest nf Portland, Oregon, and operated by Portland General Electric Company (PGE).
During its 1979 Session, the Oregon Legislative Assembly enacted and the Governor signed Senate Bill 641 which requires the Oregon Department of Energy (ODOE) to maintain an inspector at the site of a nuclear-fueled thermal power olant.
Under the resident inspector program established by the Nuclear Regulatory Conmission, ti,c NRC's Of fice of Insoection and Enforcement has stationed wn resident inspector at Trojan.
This agreement will specify the.elationship between the two programs.
B.
Training NRC will use its best efforts to make available space in its instector training courses to accommodate any inspector or alternates hired by ODOE to be stationed at Trojan.
C.
Insoection Manuals NRC will make insoection manuals available to 000E.
D.
Authority The parties agree that the 000E inspector will not have authority to direct PGE employees to take any action. Under Oregon law, this is within the exclusive State jurisdiction of the Director of the Oregon Department of Energy or in his absence, the Governor. The inspector will make his recommendations to the Director through the Administrator, Siting and Regulation.
The Director of the Oregon Department of Energy or in his absence, the Governor shall not require the operators of Trojan to take action contrary to NRC requirements.
If 000E finds it necessary to direct the operators of Trojan to take action, ODOE shall obtain NRC's prior agreement that such action does not have an adverse effect on plant or oublic safety.
Nothing in this sub-agreement is intended to restrict or extend the constitutional or statutory authority of either NRC or the State.
I E.
000E Inspector's Duties The 000E inspector's duties include the following:
1.
Cbserving reactor plant maintenance, engineering, quality assurance, security, emergency planning and operation to evaluate compliance with Federal and State safety standards.
Soecific aspects to be observed include the control of reactivity, radiological protection and control, water chemistry control, system repair and preventive maintenance, in-service inspections and periodic testing, and compliance with plant security orograms.
2.
Advising the State of Oregon about the significance of any incident at the plant, and whether the corrective action taken is promot and complete, by reviewing engineering system design, sequence of events, and trouble-shooting.
This will include discussion of tne incident with the plant management and off-site engineering managers.
3.
Reviewing changes in plant operating and maintenance procedures and system modifications for conformance with State and Federal requirements, compatibility with system design, and effect on safe plant operations.
4.
Researching plant conditions or Dractices to support 000E engineering evaluation of the safe operation of the plant, including identificat a of as-built conditions, determination of historical perforr. ace of equipment, and review of ocerating practices.
F.
Working Relationships 1.
The ODOE insoector will not attempt to duplicate tne regulatory activities of the NRC, but will rather attempt to supplement the NRC regulatory activities.
To the extent possible, the ODOE and NRC insoectors will arrange their schedules and inspection activities so that their on-site activities complement each other, in order to provide the widest possible coverane of the plant and its operations.
2.
The 000E inspector will cooperate with the assigned NRC resident inspectors.
The NRC inspector will reciprocate.
3.
To the extent possible, the 000E insoector ma; observe NRC audits, reviews, inspections, investigations, drills and meetings at Trojan. In the same way, the NRC resident inspector may observe 000E audits, reviews, inspections, investigations, drills and meetings at Trojan.
The carties recognize that there will be occasions when, because of the sensitive nature of certain meetings, it may be necessary for the parties to conduct interviews privately and secarately.
4.
The ODOE is invited to all NRC exit interviews.
In the same way, to the extent possible the NRC inspector may attend ODOE exit interviews.
PGE will advise the 000E and NRC inspectors of the time, date and location of all exit interviews.
G.
Contacts The principal NRC contact under this sub-agreement shall be the Director of NRC's Region V office.
The principal State contact shall be the Administrator of Siting and Regulation, Oregon Depart-ment of Energy.
H.
Effective Date This sub-agreement shall take effect immediately upon signing by the Director of the Oregon Department of Energy and the Director of the Office of Inspection and Enforcement of the Nuclear Regul3 tory Commission, and may be terminated ucon 30 days written notice by either party.
FOR THE OREGON DEPARTMENT OF ENERGY O NU$h
,/
Lynn FVank v
Director hs FOR THE UNITED STATES NUCLEAR REGULATORY COMMISSION N
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71ctor 5 e o Director, Office of Inspection and Enforcement Dated at M W 4 4 This % day of
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