ML20034F882
| ML20034F882 | |
| Person / Time | |
|---|---|
| Issue date: | 02/16/1993 |
| From: | Chilk S NRC OFFICE OF THE SECRETARY (SECY) |
| To: | Taylor J NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| References | |
| REF-10CFR9.7 NUDOCS 9303050139 | |
| Download: ML20034F882 (3) | |
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RELEASED TO THE PDR e-1 jf UNITED STATES
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NUCLEAR REGULATCHY COMMISSION g4 g;
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OFF ICE OF THE SECRETARY February 16, 1993
'i MEMORANDUM FOR:
James M. Taylor
- l Executive Director for.Cgpcations-FROM:
Samuel J.
Chilk, Secreta gg l
SECY-92-417-MEMORANDUhO
? UNDERSTANDING
SUBJECT:
(MOU) BETWEEN.THE FEDERAL 3MERGENCY MANAGEMENT AGENCY (FEMA) AND THE NUCLEAR REGULATORY COMMISSION (NRC) REGARDING EMERGENCY PLANNING AND PREPAREDNESS The Commission (with all Commissioners agreeing) has: approved the proposed MOU with FEMA with the changes indicated in the attachment and authorizes the Executive Director for Operations to sign the MOU for the Commission.
The changes delete the requirement to obtain FEMA concurrence prior to NRC: initiating its own review of offsite emergency preparedness and add'a footnote for clarification.
Attachment:
As stated cc:
The Chairman Commissioner Rogers Commissioner Curtiss Commissioner Remick Commissioner de Planque OGC OIG Office Directors, Regions, ACRS, ACNW (via E-Mail)
OP, SDBU/CR, ASLBP (via FAX) 030067 SECY NOTE:
THIS SRM, SECY-92-417, AND THE VOTE SHEETS OF-ALL.
7 COMMISSIONERS WILL BE MADE PUBLICLY AVAILABLE 10 WORKING DAYS FROM THE DATE OF THIS SRM
-t 9303050139 930216
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PDR 10CFR
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actions such as notices of violations, civil penalties, orders, or shutdown of operating reactors.
This delineation of responsibilities avoids duplicative efforts by the NRC staff in offsite preparedness matters.
However, if FEMA informs the NRC that an emercency, unforeseen contincency, or other reason would prevent FEMA from providinc a i
requested findinc in a reasonable time, then.uit? th:1 coneuerence Of FEM?.." the NRC micht initiate its own review
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preparedness.I n consultation with REM 6; i
of offsite emercency L
i TEMA. O l
A separate MOU dated October 22, 1980, deals with NRC/ FEMA cooperation and responsibilities in response to an actual or potential radiological emergency.
Operations Response i
Procedures have been developed that implement the provisions of the Incident Response MOU.
These documents are intended to be consistent with the Federal Radiological E=ergency Response Plan which describes the relationships, role, and responsibilities of Federal Agencies for responding to accidents involving peacetime nucclar nuclear emergencies.
On December 1,
1991, the NRC and FEMA also concluded a separate MOU in support of Executive Order 12657 (FEMA Assistance in Emercency Preparedness Planninc at Commercial I
Nuclear Power Plants).
17 repcrt will be fcrearded tc th PnC "ccdquarterc.
' ithin 15-day cf rcccipt cf the TEM?. reporc, Fnc vill notify TEMA in writing cf cction taken with the liccnocc relative to TEMA initictivcc vith Stctc and lecci gcvcrn=cnto to ccrrect deficiencic identifice in the excrcicc.
Dz Withdrawal of Reasonable Assurance Findina.
If FEMA determines under 44 CFR 350.13 of its reculations that offsite emercenev plans or preparedness are not adecuate to provide reasonable assurance that appropriate protective measures can be taken in the event of radiolocical emercenev to protect the health l
and safety of the public, FEMA shall, as described in its rule, withdraw approval.
Upon receivina notification of such action from FEMA, the NRC will promptiv review FEMA's findinas and determinations and formally document the NRC's position.
When, as described in 10 CFR 50.54(s)(2)(ii) and 50.54(sif3) of its reculations, the NRC finds the state of emercency preparedness does not provide reasonable assurance that adeaunte protective measures can and vill be taken in_the event of a radiolocical emercency, the NRC will notify the affected licensee accordinciv and start the "120-day clock."
2 Per 10 CFR 50.54 (s) (2) (ii),
the Commission will determine whether the reactor shall be shut down or other appropriate enforcement actione if such conditions are not corrected within four months.
The NRC is not limited by this provision of the rule, for as stated in 10 CFR 50.54 (s)(3):
"Nothing in this paragraph shall be construed as limiting the authority of the Commission to take action under any other regulation or authority of the Commission or at any other than that specified in this paraaraph" lipe__
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