ML19309B793
| ML19309B793 | |
| Person / Time | |
|---|---|
| Site: | Brunswick  |
| Issue date: | 03/04/1980 |
| From: | Camm F, Gossick L NRC - EMERGENCY PREPAREDNESS TASK FORCE, NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| To: | |
| Shared Package | |
| ML19309B789 | List: |
| References | |
| NUDOCS 8004070188 | |
| Download: ML19309B793 (10) | |
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-MEMORANDUM OF UNDERSTANDING o
BETWEEN NRC~AND FEMA TO ACCOMPLISH
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A PROMPT IMPROVEMENT IN RADIOLOGICAL EMERGENCY PLANNING AND PREPAREDNESS:
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I.
BACKGROUND AND PURPOSE This memorandum of understanding establishes a framework of cooperation.
between the Federal Emergency Management Agency (FEMA) and the Nuclear Regulatory Comission (NRC) in radiological emergency response planning matters, so that their mutual efforts will be directed toward more effective plans.and related preparedness measures at and in the vicinity-of nuclear reactors, fuel cycle facilities which are subject to 10 CFR Part 50 Appendix.E, and certain other fuel cycle and materials licensees which have potential for significant accidental off-site radiological releases.. The memorandum is responsive to the President's decision of' December 7,1979, that FEMA will take the lead in off-site planning and response, his request that NRC assist FEMA in carrying out this role and the NRC's continuing statutory responsibility for the radiological health and safety of the public.
Separate memoranda will be negotiated covering NRC/ FEMA cooperation and responsibilities in response to an actual emergency and Public Information activities.
In addit, ion, an agreement has already been reached between the NRC and FEMA on September 11, 1979, that chaimanship of the Federal Interagency' Central Coordinating Committee should be transferred from NRC to FEMA. This agreement was transmitted to other Federal agencies by a joint letter from the Chaiman of NRC and the Director. of FEMA.
The NRC and FEMA also agreed in principle on September 11,1979, to the idea of joint participation in the review, assessme'nt and concurrence with regard to State and local emergency response -plans. That agreement will be implemented by FEMA coordinating all Federal planning and by FEMA's taking the lead for developing e program for assessing State and j
local emergency response plans in all elements of off-site radiological emergency planning, and for making findings and deteminations as to the adequacy and capability of implementing State and local plans, and to make those findings and determinations available to NRC. The NRC shall
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review those FEMA findings and determinations for the purpose of making determinations on the overall state of emergency preparedness for issuance of licenses or shutdown of operating reactors.
The NRC proposal'to require concurrence in State and local emergency response plans is described in the proposed emergency planning rule
.(44 FR 75167, December 19, 1979). This arrangement will make the FEMA staff responsible for evaluating the adequacy of State and local plans and for assuring that the plans are capable of implementation on a continuing; basis, and will therefore substantially avoid duplicative efforts by NRC staff.
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II. AUTHORITIES' AND RESPONSIBILITIES FEMA - Executive Order 12148 charges the Director, FEMA, with establishing functions-for Executive agencies (Section 2-101) planning and assistance poTTcy for and coordinating all civil emergency It.also p'rovides that "The Director shall represent the President in working with State and local goverrenents and private sector to stimulate vigorous partici-pation in civil emergency preparedness mitigation, response, and recovery programs.". (Section 2-104).
L' On December 7,1979, the President, in response to the recomendations of the Kemeny Comission on the accident at Three Mile Island, directed that FEMA assume lead responsibility for all off-site nuclear emergency planning and response.
Specifically, the FEMI responsibilities with respect to emergency l
h preparedness as they relate to NRC are:
1.
To take the lead in off-site emergency planning and review and assess State and local emergency plans for adequacy.
j 2.
To complete by June 1980, the review of State and local emergency f
plans in those S.tates affected by operating reactors.
3.
To complete, as soon as possible, the review of State and local emergency plans in those States affected by plants scheduled for operation in the near future.
s 4.
To make findings and determinations as to whether Stat'e and local emergency plans are adequate and capable of implementation (e.g.,
adequacy and maintenace of procedures, training,) resources, staffing levels and qualifications and equipment adequacy.
5.
To assume responsibility.for emergency preparedness training of State and local officials.
6.
To develop and issue an updated series of interagency assignments which would delineate respective agency capabilities and responsi-bilities and define procedures for coordination and direction for s
emergency planning and response.
NRC - The Atomic Energy Act of 1954, as amended, requires that the NRC grant licenses only if the health and safety of the public is adequately 5
protected.
While the Atomic Energy Act does not specifically require emergency plans and related preparedness measures, the NRC has required i
consideration of overall emergency preparedness as a part of the licensing l
process.
j, 10 CFR 50.34 and Appendix E to 10 CFR Part 50 include requirements for a
the licensee emergency plans.
In a Federal Register Notice dated -
December ~ 24, 1975, entitled " Radiological Incident Emergency Response Planning:
Fixed Facilities and Transportation" (40 FR 59494), the 4
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Federal Preparedness Agency, a predecessor of FEMA, outlined responsibilities of various Federal agencies in providing assistance to State and local Both FEMA governments in their radiological emergency response planning.
and NRC recognize that these responsibilities are undergoing reevaluation and that this memorandum of understanding will require reissuance of that Federal Register Notice.
Specifically, the NRC responsibilities for emergency preparedness are:
To assess licensee emergency plans for adequacy.
1.
I To verify that licensee emergency plans are adequately implemented L
2.
staffing levels and qualifications and equipment adequacy To review the FEMA findings and determinations on the adequacy and
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capability of implementation of State and local plans.
To make decisions with regard to the overall state of emergency preparedness (i.e., integration of emergency preparedness on-site 4.
as detemined by the NRC and off-site as determined by FEMA and reviewed by NRC) and issuance of operating licenses or shut down of operating
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reactors.
III. AREAS OF COOPERATION 0
NRC Licensino Reviews A.
FEMA will provide support for NRC reactor, fuel facility and material licensing reviews, as requested, with regard to the assessment of the adequacy of State and local response plans for accidental
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letter evaluation suitable for inclusion in NRC safety evaluation j
reports.
FEMA will provide NRC with an independent assessment of ev l#
times around within the 10 mile emergency planning zone or are mutually agreed upon by FEMA and NRC.
FEMA and NRC agree to discuss future arrange-lt ments for similar assessments to be performed by FEMA at other sites with operating reactors and at plants currently under t
t construction.
i Substantially prior to the time that a FEMA evaluation is required with regard to fuel facility and material license review, NRC will supply FEMA with a listing of all fuel and. material licensees, identify those with potential for significant accidental off-site radiological releases and for those NRC will submit to FEMA the emergency plans as they are completed.
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FEMA routine support will include providing assessments of State and local plans related to reactor Construction Permit and Operating License reviews and continuing assessments of State and local plans l
during the facility lifetime. To support its findings and assess-pnts, FEMA will make expert witnesses available before'the Commission.
'the NRC Advisory Committee on Reactor Safeguards, NRC hearing boards
' and administrative law judges, any court actions, and during any
. reiated discovery proceedings.
Nothing in this document shall be
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p construed in any way to diminish NRC's responsibility for protecting the radiological health and safety of the public.
B.
FEMA Review of State and Local Plans NRC will assist in the development and review of State and local plans through its membership on the Regional Advisory Committees.
FEMA will chair the Regional Advisory Committees.
C.
Evaluation of Exercises FEMA and NRC will cooperate in determining exercise requirements for joint licensee, State, local and Federal exercises and will jointly NRC and FEMA will also.iointly observe and evaluate such exercises.
agree upon the set of exercise scenarios from which the scenario for a particular exercise will be selected.
D.
Emeroency Preoaredness Guidance NRC has lead responsibility for the development of emergency FEMA has lead responsibility preparedness guidance for licensees.
for the development of emergency preparedness guidance for State and local agencies.
NRC and FEMA recognize the need for an integrated assessment of the degree of emergency preparedness by NRC licensees and State and NRC and FEMA will each, therefore, provide local governments.
opportunity for the other agency to review and comment on emergency k_
preparedness guidance prior to adoption as formal agency guidance.
E.
Training of State and Local Officials FEMA will assume lead responsibility for emergency preparedness NRC will cooperate in training of State and local officials.
assuring existing NRC sponsored training programs are impacted to
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the minimum extent during the period January to June, 1980.
NRC will inform OMB in writing of its intention to pass responsibility to FEMA for its current training program for State and local officials during FY 1980 and will support FEMA in requesting OMB to transfer the l
training budget to FEMA in years after FY 1980.
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Ongoing NRC Programs Ongoing NRC programs that are related to State and local emergency Planning and preparedness that are supported by FY 80 funds, will continue without interruption unless modifications are reconnended to the NRC by the FEMA /NRC Steering Comittee.
(See IV.4 below).
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Public Infomation-Programs FEMA will take the lead in developing public infomation programs.
l NRC will 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 accident involving radioactive materials. A separate memorandum of understanding will be negotiated for Public Information activities.
IV. NEAR-TERM COOPERATIVE MEASURES In order to achieve a prompt improvement in the state of emergency preparedness at and around nuclear power facilities, and because of the need for an integrated assessment of the degree of preparedness, FEMA and NRC recognize the need for especially close working relationship over the next six mo'nths. To this end, FEMA and NRC agree to the following mode of operation through June of 1980.
1.
NRC staff will proceed with the evaluation team review of emergency preparedness at each power reactor and will publish Safety Evaluations on each plant.
2.
FEMA will provide members to participate with NRC staff on the evaluation teams. The FEMA team members will participate in the preparation of assessments of the off-site plans along with NRC.
Team members will perform according to the procedures described in NRC Steering Comittee Memorandum dated November 23, 1979, subject:
Guidance on Team Reviews.
3.
FEMA will provide an interim evaluation of the adequacy of State and local preparedness associated with each power reactor suitable for attachment to the NRC Safety Evaluation.
FEMA will report to NRC on the schedules of State and local governments to upgrade their plans and will prepare a final evaluation when the upgraded plans are completed.
4.
The NRC interoffice Steering Comittee on Emergency Preparedness will be expanded to an NRC/ FEMA Steering Comittee consisting of equal number of members to represent each agency with one vote per agency.
Where the Steering Comittee cannot agree on the resolution of an issue, the issue will be referred to HRC and, FEMA management. The NRC members will have lead responsibility for licensee preparedness and the FEMA members will have lead responsibility for State and local pr'eparedness. The Steering
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V-Comittee will oversee the evaluation team review activities and develop upgraded acceptance criteria for Itcensee, State and local emergency preparedness.
NRC and FEMA will then consider t
and adopt criteria, as appropriate, in their respective jurisdictions.
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(SeeAttachment1).
To permit the orderly transfer from NRC to FEMA of the lead S.
responsibility for evaluating State ano local plans and preparedness, the NRC staff who had been perfoming this function will be assigned through June 1980 to work directly with FEMA. Those incidental activities, such as responding to correspondence that would normally be handled by the NRC's State Programs Emergency Preparedness Staff will continue to be handled by these personnel while assigned to FEMA.
(SeeAttachment2).
NRC will ensure continuation of NRC computer and automatic data i
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processing support (including TERA record keeping system support) to the NRC staff personnel detailed to FEMA.
f NRC Program Support funds specifically identified in the FY 80 budget 7.
(including supplemental), for the emergency preparedness function of NRC's Office of State Programs, and NRC FY 80 travel funds in the amount of $25,000 will be maintained as is, and continue to be managed by the N,RC staff detailed to FEMA, to ensure that ongoing programs affecting State and local government emergency preparedness are not interrupted.
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V.
WORKING ARRANGEMENTS The normal point of contact for implementation of the points in this A.
agreement will be the NRC/ FEMA Steering Comittee.
The Steering Committee will establish the day-to-day procedures for B.
carrying out the arrangements of this memorandum.
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.q VI._ TERM OF AGREEMENT
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This agreement shall be effective as of January 14,1980 A.
and shall continue in effect through September,1980, unless terminated by either party upon 120 days' notice in writing.
Amendments or modifications to this Agreement may be made upon B.
written agreement by both parties to the Agreement.
Approved for the U. S. Federal Approved for the U. S. Nuclear Emergen Management Agency R::gulatory Commission W
By
- rank Cam V. Gossick Associate Director Executive Director for Plans and Preparedness for Operations i
Attacirnents:
f 1.
FEMA /NRC Steering Comittee 2.
Duties of NRC Personnel Detailed to FEMA through June 1980 a.
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ATTACMENT 1,
FEMA /NRC STEERING COMMITTEE i
' Purpose Coordinate efforts to promptly upgrade emergency preparedness for nuclear f
power' reactors as described in NRC/SECY-79-450 and the President's statement of December 7,1979.
Coordinate consistent criteria for licensee. State and local emergency preparedness.
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Membership Co-Chairmen:
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Brian Grimes NRC R. Ryan FEMA Members:
S. Wengrovitz FEMA k
J. Thomas FEMA H.' Collins FEMA (detailedfromNRC)
J. Sniezek IE/NRC J. Miller NRR/NRC K. Perkins OED0/NRC Duration The Steering Comittee will provide coordination for these activities until the initial evaluation team reviews are complete (about June 1980).
Coordination When items involving responsibilities of other NRC or FEMA offices are discussed, the affected office will be contacted as appropriate.
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ATTACIMENT 2,
L DUTIES OF NRC PERSONNEL DETAILED TO I
FEMA THROUGH JUNE 1980 I.
List of NRC-Personnel Assigned to FEMA through June 1980 R.~ Ryan H. Collins
- 5. Schwartz-R. Defayette H. Gaut R.~Jaske M. Sanders S. Salomon R. - Clevenger K. Green R. Van Niel
.S. Welch.(administrative) g P. Weldon (clerical)
II. Description of Duties While Reassigned to FEMA I
A.
Participate in preparing an interim evaluation of the adequacy of State i
and local preparedness associated with each power reactor suitable for attachment to the NRC evaluation team Safety Evaluation. This will include determination on the adequacy of State and local schedules to upgrade State and local plans and in preparing final evaluations on completion of the upgraded emergency planning elements.
B.
Participate with FEMA members and with other NRC staff on the evaluation teams so that the assessment'will proceed on a coordinated basis and, along with FEMA personnel, to fulfill the roles fomerly
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defined for the evaluation team members from the NRC Office of State i;
Programs.
C.
Review and assess State an,d local plans. This will assure consistency
.c between evaluation team reviews and Regional Advisory Comittee
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efforts.
D.
Participate as assigned with other FEMA representatives on the NRC/ FEMA Steering Comittee. The Steering Committee will coordinate the evaluation team review activities and other NRC/ FEMA activities and develop upgraded k
acceptance criteria for licensee. State and local emergency preparedness V
to be published for coment.
E.
Participate in developing a FEMA emergency preparedness training program for State and local officials and administering the current P
NRC programs in this area.
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Perform other related duties as assigned by ' EMA.
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G.
Continue to monitor. ongoing FY 80 NRC funded programs related to o
State and local government emergency planning and preparedness.
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III. Duty Station While Reassigned Q
FEMA offices in the GSA Building at 18th and F Streets N.W.,
Washington.. D. C.
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IV. Provisions Regarding Detail An employee detailed to the U.S. Federal Emergency Management Agency (FEMA) will be returned to his/her permanent position when the detail is terminated unless the permanent position is impacted by a reorganization or restructure of functions.
Should a reorganization or restructure occur, the individual will be returned to a position of the same grade and in an occupational series for which he/she is qualified. A letter stating this udll be sent to each individual del'iled.
An employee detailed to FEMA in excess of 30 calendar days will receive an NRC Form 181 which will document the detail. A short description of the duties to which he/she is assigned should be entered on, or appended to, the NRC Form 181 to assure proper evaluation of the employee's work performance when detailed to FEMA. Such documentation will be filed in the s
employee's Official Personnel Folder (OPF).
At the conclusion of an employee's detail, and provided that the length of the detail is more than four months, an appropriate FEMA or NRC management official will prepare a Personnel Performance Appraisal (NRC Form 625A).
The appraiser will evaluate the employee's performance at FEMA and this evaluation will be considered by the employee's permanent supervisor when that supervisor prepares the annual performance appraisal.
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