ML20135D809
| ML20135D809 | |
| Person / Time | |
|---|---|
| Issue date: | 12/02/1996 |
| From: | Taylor J NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| To: | Lowe G VERMONT, STATE OF |
| References | |
| NUDOCS 9612100149 | |
| Download: ML20135D809 (6) | |
Text
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December 2, 1996 Mr. George L. Lowe, Director Vermont Emergency Management Department of Public Safety l
103 South Main St.
l Waterbury, VT 05671-2101 i
Dear Mr. Lowe:
l Thank you for submitting the Memorandum of Understanding (M0U) with the State of Vermont based en the standardized format for the Emergency Response Data System (ERDS). Af ar review, we are now ready to finalize the MOU with the State of Vermont.
I have enclosed two signed copies of the final MOV for your signature after which it will become effective.
Please retain one copy for your files and return the other copy to Eric Weinstein of the NRC staff at the following address:
Mr. Eric Weinstein U.S. Nuclear Regulatory Commission Mail Stop: T-4 A43 Washington, DC 20555 The NRC looks forward to working with the State of Vermont in incident 1
response and other matters in the future. We believe that this MOV is further evidence of the close coordination with the States that benefits the public health and safety. Once again, thanks for your interest and participation in this worthwhile program.
.y If you have any further questions or comments, please contact Eric Weinstein at 301-415-7559.
Sincerely, j
Orig!nd 6pd by J::mec M. n"--
James M. Taylor Executive Director for Operations
Enclosure:
As stated cc w/ encl:
Distribution:
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l December 2, 1996 Mr. George L. Lowe, Director l
Vermont Emergency Management Department of Public Safety 103 South Main St.
Waterbury, VT 05671-2101
Dear Mr. Lowe:
Thank you for submitting the Memorandum of Understanding (MOV) with the State l
of Vermont based on the standardized format for the Emergency Response Data System (ERDS). After review, we are now ready to finalize the MOU with the State of Vermont.
I have enclosed two signed copies of the final M00 for your signature after which t'. will become effective.
Please retain one copy for your files and return the other copy to Eric Weinstein of the NRC staff at the following address:
Mr. Eric Weinstein U.S. Nuclear Regulatory Commission Mail Stop: T-4 A43 Washington, DC 20555 The NRC looks forward to working with the State of Vermont in incident response and other matters in the future. We believe that this M00 is further evidence of the close coordination with the States that benefits the public health and safety. Once again, thanks for your intere::t and participation in l
this worthwhile program.
If you have any further questions or comments, please contact Eric Weinstein at 301-415-7559.
Sincerely,
. /
.D mes M. T lor l
xecutive Director for Operations l
Enclosure:
As stated cc w/ encl:
JJolicoeur, AE0D RVirgilio, OSP PKaufman, RI DChawaga, RI l
AGREEMENT I
L PERTAINING TO THE EMERGENCY RESPONSE DATA SYSTEM l
BETWEEN THE i
U.S. NUCLEAR REGULATORY COMMISSION I.
Authority 1
l The U.S. Nuclear Regulatory Commission (NRC) and the State of Vermont enter into this Agreement under the authority of Section 274i of the Atomic Energy Act of 1954, as amended.
The State of Vemont 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.
II.
Background
A.
The Atomic Energy Act of 1954, as amended, and the Energy Reorganization Act of 1974, as amended, authorize the Nuclear Regulatory Commission (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 responsible agency regulating nuclear power plant safety.
B.
NRC believes that its mission to protect the public health and safety can be served by a policy of cooperation with the 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 22,1989). The policy statement provides that NRC will consider State proposals to enter iato instruments of cooperation for certain progums when the'se programs have provisions to ensure close cooperation with NRC. This agreement 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 the licensee's facilities and monitoring the status and adequacy of the licensee's responses to emergency situations.
D.
The State of Vermont fulfills its statutory mandate to provide for preparedness, l
response, mitigation, and recovery in the event of an accident at a nuclear power plant through the State of Vermont Emergency Management, Radiological Emergency Response Program.
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III.
Scope A.
This Agreement defmes the way in which NRC and Vermont Emergency hianagement will cooperate in planning and maintaining the capability to transfer reactor plant data via the Emergency Response Data System (ERDS) during emergencies at nuclear power plants in the State of Vermont.
B.
It is understood by the NRC and the State of Vermont that ERDS data will only be transmitted by a licensee during emergencies classified at the Alen level or above, during scheduled tests, or during exercises when available.
C.
Nothing in this Agreement is intended to restrict or expand the statutory authority of NRC, the State of Vermont, or to affect or otherwise alter the terms of any agreement in efTect under the authority Section 274b of the Atomic Energy Act of 1954, as amended; nor is anything in this Agreement intended to restrict or expand the authority of the State of Vermont on matters not within the scope of this Agreement.
D.
Nothing in this Agreement confers upon the State of Vermont 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 NRC; or (5) direct or recommend nuclear power plant employees to take or not to take any action. Authority for all such actions is reserved exclusively to the NRC.
IV.
NRC's General Resnonsibilities Under this agreement, NRC is responsible for maintaining the Emergency Response Data System. 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 user access to ERDS data to one user terminal for the State of Vermont during emergencies at nuclear power plants which have implemented an ERDS interface and for which any ponion of the plant's 10 mile Emergency Planning Zone (EPZ) lies within the State of Verment. The NRC agrees to provide unique software already available to NRC ( not commercially available) that veas developed under NRC contract for configuring an ERDS workstation.
i V.
Vermont Emereenev hianacement's General Resnonsibilities A.
Vermont Emergency hianagement will, in cooperation with the NRC establish a capability to receive ERDS data. To this end, Vermont Emergency hianagement will provide the necessary computer hardware and commercially licensed software required for ERDS data transfer to users.
B.
Vermont Emergency hianagement agrees not to use ERDS to access data from nuclear power plants for which a portion of the 10 mile Emergency Planning Zone does not fall within its State boundary.
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C.
For the purpose of minimizing the impact on plant operators, clarification of ERDS data will be pursued through the NRC.
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VI.
Imniementation l
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Vermont Emergency hianagement and the NRC agree to work in concert to assure that the following communications and information exchange protocol regarding the NRC ERDS are followed.
l A.
Vermont Emergency hianagement and the NRC agree in good faith to make available to each other information within the intent and scope of this Agreement.
l B.
NRC and Vermont Emergency hianagement agree to meet as necessary to exchange information on matters of common concern peninent to this Agreement.
Unless otherwise agreed, such meetings will be held in the NRC Operations Center. The affected utilities will be kept informed of pertinent information covered by this Agreement.
C.
To preclude the premature public release of sensitive information, NRC and Vermont Emergency hianagement will protect sensitive information to the I
extent permitted by the Federal Freedom ofInformation Act, the State Freedom ofInformation Act,10 CFR 2.790, and other applicable authority.
i D.
NRC will conduct periodic tests oflicensee ERDS data links. A copy of the test schedule will be provided to Vermont Emergency hianagement by the NRC. Vermont Emergency hianagement may test its ability to access ERDS data during these scheduled tests, or may schedule independent tests of the State link with the NRC.
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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 i
is not panicipating, Vermont Emergency hianagement will coordinate with NRC in advance to ensure ERDS availability. NRC reserves the right to preempt i
ERDS use for any exercise in progress in the event of an actual event at any licensed nuclear power plant.
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VII.
Contacts l
A.
The principal senior management contacts for this Agreement will be the l
Director, Incident Response Division, Office for Analysis and Evaluation of Opere.tional Data, and the Director, Vermont Emergency hianagement.
These individuals may designate appropriate staff representatives for purpose of administering this Agreement.
B.
Identification of these contacts is not intended to restrict communication between NRC and Vermont Emergency Management staff members on technical and other day-to-day activities.
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i e
l Vill. Resolution of Disaereements A.
If disagreements arise about matters within the scope of this Agreement, NRC and Vermont Emergency Management will work together to resolve these difTerences.
B.
F ' solution of differences between the State and NRC staff over issues e.mg aut of this Agreement will be the initial responsibility of the NRC L" Jent Response Division management.
C.
Differences which cannot be resolved in accordance with Sections VIII.A and VIII.B will be reviewed and resolved by the Director, Office of Analysis and Evaluation of Operational Data.
D.
The NRC's General Counsel has the final authority to provide legal interpretation of the Commission's regulations.
i IX.
Effective Date This Agreement will take effect afler it has been signed by both parties.
l X.
Durition A formal review, not less than 1 year after the effective date, will be performed by the NRC to evaluate implementation of the Agreement and resolve any problems identified.
t This Agreement will be subject to periodic reviews and may be amended or modified l
i upon written agreement by both parties, and may be terminated upon 30 days written notice by either party.
XI.
Senarability If any provision (s) of this Agreement, or the application of any provision (s) to any person or circumstances is held invalid, the remainder of this Agreement and the application of such provisions to other persons or circumstances will not be affected.
FOR THE U.S. NUCLEAR REGULATORY COMMISSION,
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b' M[
DATE:
M/
James ylor i
Exe ti -
irector for Operations FOR THE STATE OF VERMONT, t
a DATE:
George L. Lowe Director, Vermont Emergency Management 4
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