ML20132H222

Responds to Re Offsite Emergency Plan.Docketing & Svc Section Advised to Add JW Harte & Jm Brown to Svc List. Copies of 10CFR2.714 & 2.715(a) Re Intervention of Parties & Latest MOU Between NRC & FEMA Encl.Related Correspondence

ML20132H222
Person / Time
Site:	Vogtle
Issue date:	07/15/1985
From:	Bordenick B NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD)
To:	Harte J WILLIAMS, JOHNSON, BUCHANAN & HARTE
References
CON-#385-868 OL, NUDOCS 8507190566
Download: ML20132H222 (9)

Text

% Vi yng p UNITED STATES M.LATF.D CORRESPONDENCal

?

[q j )f.rg&(/(gg NUCLEAR REGULATORY COMMISSION

WASHINGTON. D. C. 20555 cg .gfe,// ,

00CKETED usn:

July 15, 1985 85 EI!.19 A10:57 CFFICE OF SECRGM' John W. Harte, Esq.

Williams, Johnson, Buchanan & Harte

$N l P.O. Box 463 Aiken, South Carolina 29802-0463 In the Matter of ~

GFORGIA POWER C0.

(Vogtle Electric Generating Plant, Units 1 and 2) -

Docket Nos. 50-424 and 50-425 (0L)

Dear Mr. Harte:

This 'is in response to your letter to me dated May 20, 1985.

I In your letter, you indicated that you had not seen the Vogtle l offsite emergency plan and that meetings with representatives of Georgia l Power Company had failed to reach a solution which would adequately resolve your client's concerns. As you may know, the Vogtle emergency plan is now available for review, and a determination as to the plume exposure pathway emergency planning zone (EPZ) has been made by the State of South Carolina.

I understand that you have written to appropriate South Carolina officials concerning that State's EPZ determination for Vogtle.

Pursuant to your request, I have advised the Commission's docketing and service section to add your name and the name of J. M. Brown to the service list for purposes of keeping you informed of developments in the Vogtle licensing proceedings. I am also enclosing a copy of 10 C.F.R. 5 2.714 and ? 2.715(a) which sets out this Commission's regulations concerning intervention as a party to the proceeding and the opportunity to make a limited appearance statement. You may wish to familiarize yourself, as well, with other portions of 10 C.F.R., in particular Parts 2 and 50.

As you may know, the Federal Emergency Management Agency (FEMA) has primary federal responsibility for reviewing the adecuacy of offsite emergency response plans for commercial power reactors in the United States. For your

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3507190566 850715 PDR ADOCK 05000424 C PDR -

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information, I have enclosed a copy of the latest Memorandum of Understanding between FEMA and the NRC.

Please do not hesitate to contact me if you have_any further questions.

Sincerely, n$4kA ernard M. Bordenick -

Counsel for NRC Staff

Enclosure:

As stated cc: James E. Joiner, Esq.

Bruce W. Churchill, Esq.

Joshua P. Moore

=

W e

t PART 2 o RULES OF PRACTICE FOR DOMESTIC LICENSING PROCEEDINGS request a stay pursuant to paragraphs (c)p) and (c)(4) of this sectiori. A (b) Not later than fifteen (15) days pr1<s' to the holding of the special pro-proceedsnp may be stayed for a heartng conference pursuant to reasonaue time in order for en effected g Mit Intemation. I 2.751a, or dere no special prehear-party to obtain other representation if ing conference is held, fifteen (la) this would be necessary to prevent (aX1) Any person whose interest may be affected by a proceeding and days prior to the holding of the first injustice. who desires to participate as a party .prehearing conference, the petitioner (3) Anyone disciplined pursuant to shall file a written petition for leave to shall f!!e a supplement to his De this section may within ten (10) days intenne. In a proceeding nouced pur- to interwne which must incliade a after issuance of the order file an appeal suant to l3.105, any Mrson whose b of the contet Uons which penh with the Atomic Safe 'd U terest may k affected may also rd ApPcal Board or the Iesion, se quest a hearing. The petition and/or and the k seeks bases fortoeach hancontendon liugatedsetin the mah, appropriate. He appeal shall be in request shall be fUed not later than C: forth with reasonable specificity. A po-writing and state concieely, with the time specified in the notice of e Lluoner who fads to fDe such a supple-supporting argument why the appellent hearing, or as provided by the Com*

• ment wh!ch antisfies the requirements besves the order was erroneous. either mission, the presiding officer or the I of this paragraph with respect to at as a matter of fact orlaw.ne Appeal atomic safety and licensing boa d de> least one contention wD1 not be per-Board or Commission. as appropriate, ganated to rule on the peution and/or mitted to pardcipate as a party. Addi-shall consider each appeal on the merite. request, or as provided in f 2.102(dX3). Uonal time for filing the suppl-ni includmg appeals in cases in which the Nontimely filings wGI not be enter

• may be granted based upon a balano-suspen. ion period has already run. lf tained absent a determination by the ing of the factors in paragraph (aX1) necessary for a full and fair- Commtanton, the presiding officer or jf this seedon. .

consideration of the facts, the Appeal the atomic safety and licensing board Board or Commission, se appropnete, designated to rule on the petition and/

may conduct further evidentiary or request,that the pet!Uon and/or re- f (c) Any party to a proceeding may hearings, or may refer the matter to quest should be granted based upon a ; file an answer to a petition for lease to balancing of the following factors in . intervene within ten (10) days af ter another presidmg officer for addition to those set out in paragraph ; service of the petition, with particular doelopment of a record. In the latter (d)of this secdon: h. reference to the factors sct forth in event. unless the Appeal Board or the (D Good cause,if any, for failure to

• f'aragraph (d) of this section. Howev-Commission. a s appropriate. provides file on time. I er. the staff may file such an answer specific directions to the presidmg (LD The avmDability of other means l within fifteen (15) days af ter service of l officer, that officer shall determme the whereby the petitioner's traterest will I the petition.

procedure to be followed and who shall be protected. L present evidente subject to applicable till) The ettent to which the peti-provisions of law. Such hearing shall tioner's participation may reasonably I (d). The Commission, the pres, ding i O commence as suon as possible. In the g be expected to assist in developing a o officer or the stor'ic safety and licensing case of an attorney. if no appealis taken e,, sound record-of a suspension, or.if the suspersion is , e sten "b designated so rule on petitions to hich & peti 2 oard g intervene and/or requests for hearing p , a shall,in ruling on a petition for leave to upheld at the conclusion of the appeal, m the presidmg officer. the Appeal Board, p' The stent to which the peddon, R intervene. consider the 'ollowing factors, or the Commission. as appropriate. shall ,,,a participation will broaden the [among other things:

notify the state bar(s) to which the laates or delay the proceeding. ,

attorney is admitted.Such notification (2) The peution shall set forth with (1) The nature of the petitioner's shallinclude copies of the order of pardeularity the interest of the pets. right under the Act to be made a party to suspension, and. if an appeal was k tioner in the pr=ah how that in- R the Proceedin8

. bnefs of the parties, and theion decis,ta of en. may be affected by the results -

terest O the Appeal Board or Commission. of the proceeding, including the rea S I2) The nature and extent of the peti.

(4) A suspension exceeding 1 day sons why petitioner abould be permit, e tioner,s property, financial, or other an.

ted to intervene, with perdeular refer.

• terest in the proceeding.

I E shall not be effective for 72 hours8.333333e-4 days <br />0.02 hours <br />1.190476e-4 weeks <br />2.7396e-5 months <br /> from ence to the factors in paragraph (d) of A (3) The pouible effect of any order

. the date the suspension order la issued. this secuon, and the aparlfte aspect or which may be entered in the proceeding

!

• Within this time a suspended individual aspects of the subject matter of the on the petitioner's interest.

may request a stay of the sanction from W"ag as to which peutioner y l the appropriate reviewing tribunal es a ene.

(c) An order permitting intervention l

pending appeal. No responses to the w o has ihd a petl-stay request from other parties will be 8.nd/or directing a hearing may be conde, l tion for leave to intervene or who has teoned on such terms as the Commassion.

entertained. lf a timely stay request is hen adnM as a party pasuant to filed. the suspension shall be stayed this section stay an,end his peudost o Prendsht officer or the designated until the reviewing tribunal rules on the for leave to intervene. A petition mar E aton4 .afety and licensing board may motion.The stay request shall be in be amended without prior approval of 2 direct in the interests of:(1) Restricting writing and contain the information the presiding off!ter at any time up to e irrelevant, duplicative,or repetitive evi.

specified in il 2.786(b)(1). (2) and (4) of fifteen (15) days prior to the holding *g enced and argument,(2)having common this part.h Appeal Board or of the special prehearing conferenos interests represented by a spokesman te ahai le t 2 m ission. as appro ed an,d (3,) retaining authority to determine l ,

' "I9" I teen (18) days prior to the holding of Priorities and control the compass of the the filing of the motion.& Appeal the first prehearing conference. After hearing. ,

Board or Commission shall consider the this Um apudon may h amended O l factors specified in il 2.788(e)(1) and only with approval of the presiding of. l (f) In any case in which, after con. l (e)(2) of this part is determining whether floer, based on a halaneing of the fao- Q sideration of the factors act forth in j to grant or deny a stay application- tors specified in' paragraph (a)(1) of E paragraph (d) of this section, the Com. '

this secuon. Such an amended petiUon g mission or the presiding officer finds that '

" for leave to intervene must causfy the m the petitioner's interest is limited to one requirements of this paragraph (a) of R or more of the issues involved in the pro-this tection pereatning to snarifteity. l ceeding, any order allowing intervention 249 September 1,1982

PART 2 e RULES OF PRACTICE FOR DOMESTIC LICENSING PROCEEDINGS l 3 2.714 Consolidation of proceedings; l shall limit hn participation accordingly. [ quests it thereafter. When a communica.

tg) A rerson perrnisted to intervene g tion bears more than one signature, the On motion and for good cause shown or on its own initiative, the Commis-

, besomes a party to the proceeding. sub

• Commission will gne the notice to the sion or the presiding officers of each O ject to an) hmitations imposed pursuant fperson firsi signing unless the com. e affected proceeding may Consolidate C to paragraph tilof this section- 2 munication Clearly indicates otherwise. M for hearing or for other purposes two th) Unles otherwise empresst) pro. a.

K I sided m the order allowing intervention.

~

(c) The presiding officer will afford f f,$P,.g MQjh* t ,

" the granting of a petition for leave to in. representatives of an interested State other federal agencies on matters of mi change or enlarge the county. municipality, and/or agencies'

• concurrent jurisdiction, if it is found '

tervenc d thereof, a reasonable opportunity to " that such action will be conducive to I f issues speusied in the notice of hearing. participate and to introduce evidence' the proper dispatch of its business and interrogate witnesses, and advise the to the ends of justice and will be con-d 2.714a A PPeals from certain rulings Commtulon sithout requiring the rep- ducted in accordance tith the other g on petitions for lease to gneervene resentative to take a position with re- provisions of this subpart.

N and/or requests for hearing. spect to the laaue. Such participant 4 i

may also file proposed findings and ex- 3 2.717 Commencement and termina-ceptions pursuant to H 2.754 and 2.162 sion of jurisdiction of Presiding g and petitions for review by the Com.

L- mission pursuant to i2.186. The pre- *h-ta) Notwnnstaading the provisions siding officer may require such repre-of g 2.730tf) an order of the presiding sentative to indicate with r-anonable (a) Unless other*ise ordered by the officer or the atomic safety and licensmg specificity,in advance of the hearing, Commission. the jurisdiction of the board designated to rule on petitions for ths subject matters on which he de- & presiding officer duignated to conduct a lease to intervene and'or requests for { sires to participate. ~ hearing over the proceeding, including hearing may be appealed. in accordance O Ap al (d) If a matter is taken up by the f motions and procedural matters. com.

n mences when the proceeding com.

, with the provisions of this section,to the c n,a mences. If no presiding officer has been E Atornic Safety and Licensirg Appeal m designated.

isnot athe Chief Administrative C Board within ten (10) days after service " 12.186 or sua sponte, a person who party may, Law Judge has such jurisdiction or,if in the discretion of z of the order The appeal shall be asserted the Appeal Board or the Commfuton,

" by the film's of a notice of appeal and ac.

respectively, be permitted to file a he is unavailable, another hearing es.

brief " amicus curtne". A person who is comp.unmg supporting brief. An) other

- not a party and desires to file a brief _ammer has such jurisdiction.

party me tile . brief in support of or in must submit a motion for leave to do -

oppounon to the appeal within ten (10) so which identifies the Interest of the k A proceeding is deemed to commence days atier service of the appeal. No other person and states the reasons why a 2 when a notice of hearing or a notice of brief is desirabic. Except as otherwise appeal t' rom ruhngs on petitions and'or provided by the Comentulon or the' f Proposed action pursuant to { 2.105 is requeus for hearing shall be allowed. Appeal Board, such brief must be filed g issued.

sithin the time allowed to the party * -

th) An order wholly denying a peti. whose position the brief will support. When a notice of hearing provides that tion tur lease to intervene and/or request mot n a rson w the presiding officer is to be a hearing for a hearing is appealable by the peti. before $n Appeal Board or the Com. examiner.the Chief Administrative Law tioner on the question whether the peti- tatuton will be granted at the <thagre. Judget will designate by order the hear-

- non amt or hearing request should have tion of the Appea1 Board or the Com- ing examiner who is to preside. The g been granted in whole or in part. E presiding officer's jurisdiction in each

_mlasion.

(c) An order granting a petttion for ,g ,,,, ; g, h proceedmg will terminate upon the ex.

I gg, lease to intervene and!or request for a emtruction P"mh or *P"adag *e piration of the period within which the A hearnt g is appealable by a party other  ;; Commission may direct than the petitioner on the qaestion license Proceedings. be certified to it for finalthat the record decision, or whether the petition and/or the request when the Commission renders a final for a hearing should have been wholly On motion or on its or his own initia. decision. or when the presiding officer tive, the Commission or the presiding g g denied.

7, officer may order any parties in a pro- case upon considering himself dis-t 2.715 Participasion by a person not ceeding for the issuance of a construe.  ;,  ;

a party tion permit or an operstmg license for a 3 production or utilization. facility who * (b) The Director of Nuclear Reactor (a) A person who is not a party may, g have substantially the same interest that Regulation or Director of Nuclear in the descretion of the presiding officer, a may be affected by the proceeding and Material Safety and Safeguards, as ap-be permitted to make a limited ap *N who raise substantially the same ques E propriate may issue an order and take 3 pearance by making oral or written state- tions to consolidate their presentation of 5 any otherwise proper administrative ac-E ment of his position on the issues at any ses- evidence. cross-examination. briefs.pr ^ 8" tion with respect to a licensee who is a

, sion of the hearing or any prehearing con- posed findings of fact,and conclusions of party to a pending proceeding. Any g ference within law and argument. However,it may not 2 order related to the subject matter cf the

, such limits and on such conditions as order,any consolidation that would pre- pending proceeding may be modified by may be fined by the presiding officer but judice the rights of any party. A con- _

the presiding officer as appropriate for he 'nay not othersose parncipate m the solidation under this section may be for the purpose of the proceeding.

,leroceeding. all purposes of the proceeding, all of the

- issues of the proceeding.or with respect E (b) The Secretary will give notice of to any or:e or more issues thereof.

E a hearing to any person who requests it

, prior to the issuance of the notice of a hearing, and will furnish a copy of the 2 notice of hearine to any person who re- ,

,. September 1,1982 2-20

• MEMORANDA OF UNDERSTANDING 274b.of the AtomicEnergy Act of1954. Dated at Walnut Creek CA this 1 stb day Purpose E '

For he U Nuclear Resulatory n p a Noth s'herein shallbe deemed to Commienon.

N/ permit the State to f:npose packaging or mutually acceptable to the State of transport standards beyond those leie s. n4artan. Washington [hereafter" State") its Regiona/Adminiatator, agent the Energy Facility Site Evaluation c;ntained in Federal regulations.,d2r

9. The principal NRC contact un Council (EFSEC), and the United States -

this Memorandum of Understanding Nuclear Regulatory Commission shall be the Emergency Preparedenss 0 FR 147s2 g g gg g and and Radiological Safety Branch Pubashed 4/ts/ss g Chief for reactor licensees and the '

Matenals and Safeguards Branch Chief Publication of Subagreement No.3 lm rg y la g and rat n -

er matenals 'icensees.The principal Between the U.S. NRC and the end '

Str.te contaci shall be the Manager. Washington State Energy Facility Site ','#

ah ti lin Stm Office of Waste and Transportation Evaluation Council of Washington.

morwey: Nuclear Regulatory It is the intent of this Subagreement h s$10U shall become effective Commission. that cooperative efforts should enhance rpon signing by the Director. understanding. reduce duplication of Department of Nuclear Safety. State of r.c7 ton: Publication of Subagreement effort and provide wherever possible a 111mois. and the Regional Administrator. No. 3 Between the U.S. NRC and the Washington State Energy Facility Site unified position on matters of joint R:gion III. Nuclear Regulatory -

concern. .

Commission and shall remain in effect Evaluation Council s. ~

permanently unless terminated by either Implementation ber6 1978,an party on thirty days pnor wntien notice. gu asany:On Se

, 1. ne NRC conducts its inapection Date this 7th day of June 1984 at Glen program through resident inspectors and understanding was signed by the NRC specialinspections originatmg from

n. u. and the State of Washington, providing

):mes C. Keppler. Region V. Walnut Creek. Cahfornia and principles of cooperat;on between the NRC Headquarters. Washington. D.C.

Regione/Admimstmtor. State and NRC is areas of concern to the LFSEC conducts its inspectron through For the State ofIlhnois. State. Councal members and staH and agency Don Etchtoon. Subegreement No. 3 identifies specific areas of information exchange and msp cto operating under interagency Dated this 11th day of June 1964 at ,

" E5EC'and NRC agree to the a eptable to the Sfa efWe ington.

greatest extent possible and in good its agent the Energy Facility Site faith to provide the other party with 50 FR 11962 Evaluation Council (EFSEC), and the infonnation relative to the spirit of thir n Pubh5h*d 3/26/ss United States Nuclear Regulatory r Memorandum.

Publication of Subagreement No.3 Cominissen. 3. EFSEC and NRC agree to meet at

? FoR FVRTwtM Homoness.Tiose CoMTACTt Between the U.S. NRC and the the call of either party at mutually Washington State Energy Facility Site Qeen Kunihiro. Region V. U.S. Nuclear. agreeable times and places to exchange Evaluation Council Regulatory Commission.14.50 Maria infcnnation on matters of common Lane.210. Walnut enek. California concern.Regardless of intervening Asawcyr Nuclear Regulato'I 94596. (Telephone:(415) 94b3M4). meetings the parties agree to meet g

'd[sinut Crwk.CA this smh dey of annually to keep each other apprised of Actiow: Publication of subagreement 3 *

• No. 3 between the U.S. NRC and the For the U.S. Nuclear Regulatory 4. e EFSEC inspectors will not WesMugton St.ne Energy Facility Site Comraission. duplicate the regulatory activities of the Evaluation Council. John B. m NRC.To the' extent possible EFSEC suenesany: On September 6.1978 an Regiona/Administmtor. inspectors will coordinate their

" umbrella" memorandum of schedules and inspection activities with Subegreement 3 Between the Uneted NRC so that their on-site activities avoid understandmg was signed by the NRC 8

• cnd the State of Washington, providing interruption to normal plant operations Co ngton Su k and maintenance.

principles of cooperatior. between the Energy Facility Site Evaluation Council S ate and NRC m areas of concern i 5.EFSEC agrees to share with NRC Regarding the inspection and

' ' 8

• Operation of Nuclear Powered Steam information relative toits water Subagreement No.3 identifies specific Electric Generating Stations Located chemistry, radiological. industrial safety creas of information exchange and and environmental monitoring programs.

in the State of Washington cooperation which are mutually Consistent with requirements to protect

. acceptable to the State of Washington. This Subagreement is promulgated confidential. propt.etary. predecisional.

Its agent the Energy Facihty Site under the provisions of the and safeguards information. NRC agrees Evaluation Council (EFSEC), and the Memorandum of Agreement between to share with EFSECinformation United States Nuclear Regulatory the state of Washington and the United relative to its plant construction and Commission. States Nuclear Regulatory Commission. operation, radiological health and Pom ruaTwan tapo4ssATsoM COefrACT: dated September 6.1978. safety monitoring programs. Each Dean Ku .ihiro Region V. U.S. Nuclear agency agrees to be sensitive to the Regulatory Commission.1450 Maria needs of the other when designing ite

• The t% clear Resuleio.y commission punshed respective monitoring programs.

Lsne. Suite 210. Walnut Creek.

Q m asas a

California 94596. (Telephone: (415) 94b 'y,',cQnje 6.To the extent practicable EFSEC - 3714.) anschment. This nouca includes the complete texL inspectors may observe NRC audita.

~d .

MS April 30,1985 e

m

MEMORANDA OF UNDERSTANDING g&

reviews, inapections. drills and $50 FR 15485 Radiological Emergency Preparedness-  ;

i meetings. In the same way, the NRC Pubhshed 4118/85 that was responsive to the President's % l inspectors may observe EFSEC audits. December 7.1979, statement. A resised '

reviews. inspections. drilla and Memorandum of Understanding and updated memorandum of meetings.The parties recognize that Between Federal Ernergency understandmg became effective there will be occasions when. because Management Agency and Nuclear November 1.1980. This MOU is a further-of the sensitive nature of certain Regulatory Commisalon revision to reflect the evolving meetings, it may be necessary for the relationship between NRC and FEMA parties to conduct their activities The Federal Emergency Management and the experience gained in carryirig pnvately and separately. A Fency (EMA) and the Nuclear out the provisions of the January and 7.The parties agree as a routine Regulatory Commission (NRC) have November Mac MOU's.This MOU procedure to provide the other party entered into a new Memorandum of supersedes these two earlier versions of with information copies of inspection Understanding (MOU) Relating To the MOU.

reports and final enforcement actions Radiological Emergency Planrung and The general principles, agreed to in conducted under the authority of either Preparedness. This supersedes a the previous MOU's and reaffirmed in party. memorandum entered into November 4. this MOU are as followu FEMA

8. EFSEC and NRC agree to work 1980 (Published December 16.1980. 45 coordinates all Federal planning for the cooperatively and to share information FR 82713).The substantive changes in offsite impact of radiological during actual emergency response the new MOU deal principally with the emergencies ar.d takes the lead for events and dunng all emergency FEMA handling of'NRC requests for assessing offsite radiological emergency response drills and exercises. Upon findings and determinations concerning response plans 8 and preparedness.

arrival at the site, each party will advise offsite planning and preparedness. The makes findings and determinations as to the other ofits presence and confer basis and conditions for irderim findings the adequacy and capability of upon the status and adequacy of in support oflicensing are defined. as imp!cmentM ^4e plans.and emergency response operations, well as provisions for status reports communicate. %s- findings and

9. The NRC will use its best efforts to when plans are not complete.The text determinations to t- NRC. The NRC make available space in its inspector of the MOU is set out below except that reviews those FE.VL findings and traming courses. seminars and special an attachment is not included. nis determinations in . c. junction with the onentation programs to accommodate attachment concerns membership on a NRC onsite findin;e ,or the purpose of the training needa of the EFSEC steering committee. making detea.O.nons on the overali inapectors. - Memorandum of Understanding state of em"gency pnpandnns.Thue

10. Nothing in this Subagreement la Between NRC and FEMA Relatmg to verall findings and detennina intended to restrict or extend the used by NRC to make radiolog,tions ica! are Radiological Emergency Planning and

" u Pnpandass f,',*uance of I ese n the co tinued

[g*[ Co it.This Subag eement shall take I. Background and Fu@o8e peration of licensed plants to include effect immediately upon signing by the This memorandum of Understanding "

Chairman of EFSEC and the Regional a$n u 1 od r (MOU) establishes a framework of shutdown of operating reactors. This Administrator. NRC Region V and may cooperation between the Federal be terminated upon 30 days written delineation oiresponsibilities avoids Emergency Management Agency duplicative efforts by the NRC staffin notice by either party. (FEMA) and the U.S. Nuclear Regulatory offsite preparedness matters.

12. The principal NRC point of contact Commission [NRC)in radiological A separate MOU dated October 22.

for this Subpagreement shall be the emergency response planning matters. 1980, deals with NRC/ FEMA Regional Admmistrator NRC Region V. so that their mutual efforts will be cooperation and responsibilities in The principal Washington State contact directed toward more effective plans response to an a:tual or potential shall be the Ch.irman of EFSEC. and related preparedness measuns at

13. If any provision of this radiolob ical emergency. Operations and in the viemity of nuclear reactors Response Procedures have been SubaFreement.or the application of any and fuel cycle facilities which are developed that implement the provisions provision to any person or circumstance subject to 10 CFR Part 50. Appendix E.

is held invalid, the remainder of this of the Incident Response MOU.These and certain other fuel cycle and Subagreement and the application of materiais licensees which have potential docume.its are intended to be consistent with the Federal Radiological -

such provisions to other pers,ons or for significant accidental offsite Emergency Response Plan which circumstances shall not be atfected. radiological releases. The memorandum For the U.S. Nuclear Regulatory describes the relationships. role, and is responsive to the President s decision Commission. of December 7.1979, that FT.MA will responsibilities of Federal agencies for respondmg to accidents involvtr g John B. Martm. take the lead in offsite planning and Regional Administrator- peacetime nucelar emergencies.

response. his request that NRC assist Dated. March 7.19u. FT.MA in carrying out this role. and the ll. Authorities andResponsibilities For the Washington Energy Facihty Sue NRC's continuing statutory TEMA-Executive Order 12148 Evaluauon Councd. responsibility for the radiological health charges the Director. FT.MA. with the Curus Eschles. and safety of the public. responsibility to ". . . establish Federal Chairman. On January 14.1980, the two agencies Dated: February 19.19u. entered into a " Memorandum of ,3,,,,,,,,, of on.ne pi.n. m.> be b..cd on Understanding Between NRC and FEMA Sisie and local sovemmem stans subnuned to to Accomplish a Prompt improvement in IT.MA under Hs rule (M CrR Pan 35cL and so noted in M CFR 350.3(fL may also be based on plane currently available to FEM A or fumished to FDL4 through the NRC/FDEA Swenng Commitwe.

9 April 30,1985 MU46

. MEMORANDA OF UNDERSTANDING policies for, and coordinate all civil implemented.The finding willindicate specifically require emergency plans dsfense and civil emergency planning. one of the following conditions;(1) Plans and related preparedness measures, the O mznagement. mitigation. and assistance are adequate and there is reasonable assurance that they can be implemented NRC requires caswieration of overall emergency preparedness as a part of the

\_/ functions of Executive egencies" (Section 2-101) and " . . represent the with only limited or no corrections I' censing process.The NRC rules (10 CFR 50.33, 50.34. 50.47. 50.54, and President in working with State and needed; (2) plans are adequate, but before a determination can be made as Appendix E to 10 GR Part 50) include local governments and the private sector requirements for the licensee's to stimulate vigorous participation in to whether they can be implemented.

civil emergency preparedness, corrections must be made to the plans or emergency plans.

supporting measures must be Specifically, the NRC responsibilities mitigation. response. and recovery for radiological emergency preparedness programt" (Section 2-104.) demonstrated (e.g., adequacy and maintenance of procedures, training. '"-

On December 7.19'9. the President. In ' ns resources, staffmg levels and response to the recommendations of the Kemeny Cornmission on the Accident at qualifications, and equipment fora ua iewNbb e organizations with whom licensees have Three Mile Island. directed that FEMA adequacy): or (3) plans are adequate

"" p ' *"'

assume lead responsibility for all offsite and cannot be implemented until they "

g *y",*,n en ucy nuclear emergency planning and are revised to correct deficiencies noted

• di nsponse. in the Federal review. To enf thatlicensee emergency Specinca!!y. the FEMA If 'n FEMA s view the plans that are plans are adequately implemented (e.g responsibilities with respect to available are not completed or are not adequacy and maineenance of rsdiological emergency preparedness as ready for review. FEMA will provide procedures training. resources. staffing ths> relate to NRC are: NRC with a status report dehnesting levels and qualifications, and -

1.To take the lead in offsite rmlestones for preparation of the plan by equipment).

, emergency planning and to review and the offsite authorities as well as FEMNs 3.To review the FEMA findings and assess offsite emergency plans and actions to assist in timely development determinations as so whether offsite preparedness for adequacy. and review of the plana. plans are adequate and can be 2.To make findings and An interim finding on preparedness implemented.

determinations as to whether offsite will be based on review of currently 4. To make radiological health and emergency plans are adequate and can available plans and joint exercise safety decisions enth regard to the be implemented (e.g., adequacy and results and willinclude an assessment overall state of emergency preparedness rr.aintenance of procedures training, as to (1) whether offsite emergency (i.e., integration of emergency resources, staffing levels and . plans are adequate as measured against preparedness onsite as determined by qualifications, and eq uipment the standards and criteria of NUREG- the NRC and offsite as determined by ediquacy). Notwithstanding the 0654/ FEMA-REP-1. and (2) whether the FEMA and reviewed by NRC) such as procedures which are set forth in 44 CFR exercise (s) demonstrated that there is assurance for contmued operation. for

.350 for requesting and reaching a FEMA reasonable assurance that the plans can issuance of operating licenses, or for

O administrative approva! of State and loc

1 plans. findings, and determinations be implemented.

An interim finding on preparedness taking enforcement actions, such as notices of violatieme, civil penalties, L./

cn the current status of emergency willindicate one of the following orders. or shutdowa of operating i pl:nning and preparedness around conditions:(1)There is reasonable reactors.

! particular sites, referred to as interim assurance that the plans are adequate findmss, will be provided by FEMA for and can be implemented as "# N#'F""*"

use as needed in the NRC licensing demonstrated in an exercise:(2) there A.NRC LicensiqReviews. FEMA process. Such findings will be provided are deficiencies that may adversely will provide support to the NRC for by FIMA on mutually agreed to effect public health and safety that must licensing reviews related to reactors.

schedules or on specific NRC request. be corrected in order to provide fuel facilities, and saaterials licensees The request and fmdings will normally reasonable assurance that the plans can w!th regard to the assessment of the be by written communications between be implemented: or (3) FIMA is adequacy of offaite radiological the co-chairs of the NRC/FIMA Steering undecided and will provide a schedule emergency response plans and CommWee. An interim finding provided of actions leading to a decision. preperedness. This will include timely under this arrangement will be an 3.To assume responsibility as a submittal of an evaluation auttable for extension of FIMA's procedures for supplement to State. local, and utility inclusion in NRC safety evaluatWn review and approval of offsite efforts, for radiological emergency reports. ~

radiological emergency plans and preparedness training of State and local Substantially prior to the time that a preparedness set forth in 44 CFR 350. It officials. FEMA evaluationia required with will be baseo on the review of currently 4.To develop and issue an updated regard to fuel facihty or materials available plans and.if appropriate.ioint series ofinteragency assignments which I cense review. NRC will identify those exercise results related to a specific delineate respective agency capabilities fuel and materials bcensees with nuclear power plant site. and rearinsibilities and define potential for significant accidental An interim finding based only on the proceduus for coordination and offsite radiologica! releases and rsview of currently available offsite direction for emergency planning and transmit a request for review to FEMA plans willinclude an assessment as to response. [ Current assignments are in 44 as the emergencyplans are completed..

whether these plans are adequate when FEMA routiae support willinclude CFR 351. March 11.1982. (47 FR 10758)).

missured against the standards and NRC-The Atomic Energy Act of1954. providing assessments, findings and criteria of NUREG-0654/ FEMA-REP-1. as amended, requires that the NRC grant determinations (interim and final) on end.pending a demonstration through licenses only if the health and safety of offsite plans and preparedness related an exercise, whether there is reasonable the public is adequately protected. to reactor heense reviews.To support its casurance that the plans can be While the Atomic Energy Act does not fmdings and determinations. FEMA will t-MU.47 April 30,1985

- ~ .

MEMORANDA OF UNDERSTANDING t make expert witnesses available before C. Preporation for and Eroluotion of responsibility for the development of -

the Commission, the NRC Advisory foint Exercises. FEM A and NRC will ' emergency planning and preparedness Cemmittee on Reactor Safeguards. NRC cooperate in determining exercise guidance for licensees. FEMA has lead ..

hear:ng boards and admmistrative law requirements forlicensees. State and responsibihty for the development of judFes for any court actions.and during local governments.Thev will also icint!> radiological emergency planning and any related discovery proceedings. observe and evaluate e'xercises. NRC preparedness guidance for State and ,

FEMA will appear in NRC bcensing and FEMA willinstitute procedures to local agencies. NRC and FEMA l proceedings as part of the presentation enhance the review of the objectives 'ecngnize the need for an integrated. ,

of the NRC staff. FEMA counsel will and scenarios for joint exercises.This cuordinated approach to radiological norma!!y present FEMA witnesses and review is to assure that both the onsite emergency planning and preparedness ,

be permitted. at the discretion of the considerations of NRC and the offsite by NRC licensees and State and local NRC bcensing board. to cross-examine considerations of FEMA are adequatel,$ Forernments. NRC and FEMA will each, the witnesses of parties, other than the addressed and integrated in a manner therefore. provide opportunity for the NFC witnesses. on matters involving that will provide for a technically sound other agency to review and comment on FEMA findmgs and determinations. exercise upon which an assessment of such guid;mce (including interpretationa pohcies. or operations; however. FEMA preparedness capabilities can be based. of agreed g;nt guidance) prior to wi!! not be asked to testify on status The NRC/ FEMA procedures will adoption as formal agency guidance.

reports. FEMA is not a party to NRC proceedinFs and therefore.is not provide for the availability of exercise objectives and scenarios sufficiently in P g or ubf*

'R provide the other with continued access subject to formal discovery advance of sheduled exercises to allow requirements placed upon parties to enough time for adequate review by to those autorratic data processing NRC proceed:ngs. Consistent with NRC and FEMA and correction of any n systems which contain relevant asallable resources. however. FEMA wi'.! respond informally to discosery deficiencies by the licensee. The failure of a licensee to deselop a scenario that

""'At 8h{phis' int Docu ent requests by parties. Specific assignment Management System support to the adequately addresses both onsite and cf professional respons:bilities between extent that it does not affect t'uplication offsite considerations may result in NRC NRC and FEMA counsel will be taking enforcement actions. or records retention. At EMA this neludes technical support to the primarily the responsibility of the The FEMA reports will be a part of an Radiological Emergency Preparedness attomeys assigned to a particular case. interim finding on emergency In situations where questions of Management Infornietion System.This preparedness; or will be the result of an agreement is not intended to include th'e professional responsibility cannot be ~ exercise conducted pursuant to FEMA's

• automated information retrieval support resolved by the attorneys assigned. review and approval procedures under for the national level emergency resolution of any differences will be 44 CFR part 350. Exercise evaluations response facilities.

made by the General Counsel of FEMA willidentify one of the following F. Ongomg NRCResearch and and the Executive Legal Director of the conditions: (1) There is rsasonable Development Pmgmms. Ongoing NRC NRC or their designees. NRC will assurance that the plans are adequate and FEMA research and development

~

request the presiding Board to place and can be implemented as programs that are related to State and FEMA on the service list for alllitigation demonstrated in the exercise;(2) there local ra diological emergency planning in which it is expected to participate. are deficiencies that may adversely and preparedness will be coordinated.

Nothing in this cocument shall be impact public health and safety that NRC and FEMA will each provide construed in any way to diminish NRC's must be corrected by the affected State opportunity for the other aFency to responsibihty for protecting the and local gos ernments in order to review and comment on relevant radiological health and safety of the provide reasonable assurance that the research and development programs pubhc. plan can be implemented. or (3) FEMA prior to implernenting them.

B. FEMA Review of Offsne Plans and is undecided and will provide a G.Public information and Edecation Pre;credness. NRC will assist in the schedule of actions leading to a Programs. DEMA will take the lead in development and review of offsite plans decision. Withir 30 days of the exercise. developing public information and and preparedness through its a drafi exercise report will be sent to the education progranis. NRC will assist membership on the Regional Assistance State. with a copy to the Regional FEMA by reviewing for accuracy Committees (RAC). FEMA will chair the Assistance Committee requestink educational materials concerning Regional Assistance Committees. comments and a schedule of corrective radiation and its hazards and Consistent with NRC's statutory actions. as appropriate from the State in information regarding appropriate responsibility. NRC will recognize 30 days. Where there are deficiencies of actions to be taken by the general public FEMA as the interface with State and the types noted in 2 above and when in the event of an accident involving 1.> cal governments for interpreting offsite there is a potential for a remedial radioactive materials.

radiological emergency planning and exercise. EMA Headqarters will preparedness criteria as they affect promptly discuss these with FRC IP. NRC/PEMA Steering Committee those governments and for reporting to Headquarters. Within 90 days of the The NRC/ FEMA Steering Committee those governments the results of any exercise. the FEMA report will be on Emergency Preparedness will evalua%n of their radiological forwarded to the NRC Headquarters. continue to be the focal point for emergene) plans and preparedness. Within 15 days of receipt of the FEMA coordination of emergency planning.

Where questions arise concerning the report. NRC will notify EMA in writing preparedness, and response activities interpretation of the criteria such of action taken with the licensee relative between the two agencies. The Steenn6 cuestions will continue to be refctred to to FEMA initiatives with State and local Committee will consist of an equal FEMA Headquarters, and when governraents to correct deficiencies number of members to represent each appropriate. to the NRC/ FEMA Steering identified in the exercise. agency with one vote per agency. When Cc=mittee to assure uniform D. Emergency Planning and the Steering Committee cannot agree on interpretation. Preparedness Guidance. NRC has lead the resolution of an issue, the issue will Apr.130,1985 MU-48

MEMORANDA OF UNDERSTANDING be referred to N11C and FEMA f- s management. The NRC members will i i have lead responsihibty for licensee V planning and preparedness and the FEMA members wiU have lead -

responsibility for offsite planning and preparedness. The Steering Committee will assure coordination of plans and preparedness evaluation acth-ities and revise, as necessary, acceptance criteria f;r licensee. State, and local radiological emergency planning and preparedness.

NRC and FEMA will then consider and tdipt criteria. as appropriate,in their respective jurisdictions. (See Attachment 1.)

V. Working Amngements A.The normal point of contact for

• implementation of the points in this MOU will be the NRC/ FEMA Steering Committee.

B. The Steering Committee will -

cstablish the day to day procedures for coeuring that the arrangements of this MOU are carned out.

VI. Metnorandum of Undentand:ag A.This MOU shall be effective as of ~ '

date of signature and shall continue in effect unless terminated by either party upon 30 days notice in writing.

B. Amendments or modi 6 cations to this MOU may be made upon written agreement by both parties.

Approved for the U.S. Nuclear Regulatory v/ Comrr.ission.

Dated. April 3.1935.

WilLam l. Dircka.

Etecutis e Dorectorfor Operations.

Appmved for the Federal Emergency Msnagement Agency.

Deted April 9,1985.

Samust W. Spock.

Associate D;tector. State andlocalPicg ctns cndSupport.

MU49 April 30,1F

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