ML20141M209
| ML20141M209 | |
| Person / Time | |
|---|---|
| Issue date: | 03/03/1992 |
| From: | Strong J, Taylor J NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO), WASHINGTON, STATE OF |
| To: | |
| Shared Package | |
| ML20141M203 | List: |
| References | |
| NUDOCS 9204020107 | |
| Download: ML20141M209 (8) | |
Text
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v AGREEMENT PERTAINING TO TIIE EMERGENCY RESPONSE DATA SYSTEM BEWEEN Tile STATE OF WASillNGTON AND Tile U.S. NUCIIAR REGULATORY COMMISSION
- 1. AlmlORITY The U.S. Nuclear Regulatory Commission (NRC) and the State of Washington enter into this Agreement under the author. j et Section 274i of the Atomic Energy Act ot 1954, as arnended.
washington recognizes the rederal Government, primarily to NRC, as hanng the exclusive authority and responsitWlity to regulate the radiological and national security aspects of the construction and operation of nuclear production or utilization facilities, except for certain authenty over air eniissions .eranted to States by the Clean Air Act.
- 11. BACKGROUND A.
The Ator.m Energy Act et 1954, as amended, and the Energy Reorganitation 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 atency regulating nuclear power plant safety.
B.
NRC believes that its missior to protect the public health and safety can be served by a policy of cooperation with state governments and has fonnally adopted a policy statement on ' Cooperation with States at Commercial Suelear 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 into instruments of cooperation for certain programs when these 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 licensee's facilities. monitoring the status and adequacy of the licensee's responses to emergency situations.
D.
Washington fultills its statutory nandate to provide for preparedness. response ,
mitigatien, and recoverv in the vent of an accident at a nuclear power plant through the Division rf Radiation Protection. Department of Health a: desenbed in the Washingtca State Comprehensive Emergency Management Plan.
DR
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A ,
Ill. SCOPF, A.
-This Agreetnent defines the way in which NRC and Washington will co planning and maintaining the capability to transfer reactor plant da Response Data System during emergencies at nuclear power plants, B.
It is understood by the NRC and the State of Washington that ERDS transmitted by a licensee during emergencies classified at the Alert level or a during scheduled tests, or dunng exercises when available. ,
C.
Nothing in this Agreement is intended to restrict or expand the statut NRC, the S' ate of Washington, or to atfect or othcrwise alter the tenns agreement in effect under the authority of Section 274b of the Atomic Energy A 1954, as amended; nor is anything in this Agreement intended to restrict or authotiry of the State at Washington on matters not within the scope of this D.
Nothing in this Agreement confers upon the State of Washington autho interpret or modify NRC regulations and NRC requirements imposed ee:
on th (2) take enforcement actions: (3) issue contitmatory letters: (4) amend, revoke a license issued by NRC; or (5) direct or recommend nuclear po employees exclusively to the toNRC.
take or not to take any action. Authority for all such actions is IV. NRC'S GENFRAI, RFSPONSI!ql.ITIES (ERDS) ERDS is a system designed to receive, st -
a systems at nuclear power plants during emergencies. The NRC will provide user a plants which have implemented an EROS interfac .
mile Emergency planning Zone (EpZ) lies within the State of Washington T provide ERDS any software which is not commercially available and is necessa workstation.
V.
WASillNGTON'S GENERAL. RESPONSIBil.lTIES A.
Washington data. will, in cooperation with the NRC, establish a capability to recei To this end, Washington will provide the necessary computer hardware and
. commercially licensed sof tware required for ERDS data transfer to users.
B.
Washington agrees not to use ERDS to access data from nuclear power pla a portion of the 10 mile Emergency planning Zone does not fall within its State boundary.
C.
For the purpose of minimizing the impact on plant operators, clariticadon of E wdl be pursued through the utility provided technical liaison personnel or the N .
VI. IMPl.EMENTNQON Washington and the NRC agree to work in concert to assure that the foHowing communications and information exchange protocol regarding the NRC ERDS are followed.
t A. Washington and the NRC agree in good faith to make available to each other infonnation within the intent and scope of this Agreement.
B.
NRC and Washington agree to meet as necessary to exchani;e information on matters of cornmon concern pertinent to this Agreement. Unl(ss otherwise agreed, such meetings will be held in the NRC Operations Center. The atfected utilities will be kept informed of pertinent information covered by this Agreement, t
C. _
To preclude the premature public release of sensitive information NRC and Washington will protect sensitive information to the extent permitted by the Federal Freedom of InforTaation Act, the State Fraedom of Information Act,10 CFR 2.790, and other applicable authority.
D.
NRC will conduct periodic tests of licensee ERDS data links. A copy of the test schedule will be provided to Washington by the NRC. Washington may tett its ability to access ERDS data dunng these scheduled tests, or may scheadle independent tests of the State link with the NRC, E.
ShC will provide access to ERDS for emergency exercises with reactor units capable of transmitting exercise data to ERDS. For exercises in which the NRC is not participating, Washington will coordinate with NRC in advance to ensure ERDS availability. NRC reserves the right to preempt ERDS use for any exercise in progress in the event of an actual event at any licensed nuclear power plant.
Vil, CONTAC15 A.
The principal senior management contacts fer this Agreement will be the Director, Division of Operational Assessment, Office for Analysis and Evaluation of Operational Data, and the Director. Division of Radiation Protection, Washington State Department of Health. These individuals may designate appropriate staff representatives for the purpose of administering this Agreement.
B.
Identification of these contacts is not intended to restrict the communication between NRC and Washington staff members on technical and other day to-day acnvities.
Vllt. RESOI.tmON OF DISAGREEMENTS A.
if disagreements arise about the matters within the scope of this Agreement, NRC and Washington will work together to resolve these differences.
B.
Resolution et differences between the State and NRC staff over issues arising out of this Agreement will be the initial responsibility at the NRC Division or Operational Assessment management.
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C.
Difterences which cannot be resolved in accordance with Sections VIII.A and Vill.B w be reviewed and resolved by the Director, Office (cr Analysis and Evaluation of Operational Data.
D.
The NRC's General Counsel has the fmal authority to provide legalinterpretation of the Commission's regulations.
LX. EITFCTIVE DATE This Agreement will take effect after it has been signed by both parties.
X. DURK110N f
A fonnal 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. This Agreement will be subject to periodic reviews and may be amended or modified upon written agreement by both parties, and may be terminated upon 30 days written notice by either party.
XI. SEPARABilfiY 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.
d FOR THE U.S. NUCLEAR REGULATORY COMMISSION,
- /-
h b Date: 33ML Mm'es M. Taylorf
[/xecutive Direc, tor for Operations FOR Tile STATE OF WASHINGTON,
/
-h{f T.R. Strong, Directbr Date. $
'I /
Division of Radiation protection
, /
1 AGREEMENT PERTAINING TO T11E EMERGENCY RESPONSE DATA SYSTEM BEBYEEN Tile STATE OF WASillNG1DN AND Tile U.S. NUCLEAR REGULATORY COMMISSION
- 1. AUTHORITY The U.S. Nuclear Regulatory Commission (NRC) and the State of Washington enter into this Agreement under the authonty of Section 274i of the Atomic Energy Act of 19S4, as amended.
Washington 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, 11, 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 cther activities, the manufacture, construction, and operation of utilitation 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 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 into instruments of cooperation for cercain programs when these programs have provisions to ensure close cooperation with NRC. This a -eement is intended to be consistent with, and implement the provisions of the NRCi policy statement.
C. NRC fulfills its statutory mandate to regulate nuclear power plant safety by, among other things, responding to emergencies at lict asee's facilities, monitoring the status and adequacy of the licensee's responses to emergency situations.
D Washington fulfills its statutory mandate to provide for preparedness, response, mitigation, and recoveryin the event of an accident at a nuclear power plant through the Division of Radiation Protection, Department of Health as described in the Washington State Comprehensive Emergency Management plan.
!!!. SCOPE A. This Agreement defines the way in which NRC and Washington will cooperate in planning and maintaining the capability to transfer reactor plant data via the Emergency Response Data System during emergencies at nuclear power plants, B,
It is understood by the NRC and the State of Washington that ERDS data will only be transmitted by a licensee during emergencies classified at the Alert 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 Washington, or to affect or otherwise alter the terms of any agreement in effect under the authority of 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 Statt of Washington on matters not within the scope of this Agreement.
D.
Nothing in this Agreement confers upon the State of Washington 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 RESpONSIBil.TTIES Under this agreement, NRC is responsible for maintaining the Emergency Response Data System (ERDS). 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 Washington during emergencies at nuclear power plants which have implemented an ERDS interface and for which any portion of the plant's 10 mile Eraergency Planning Zone (EPZ) lies within the State of Washington. The NRC will provide any software which is not commercially available and is necessary for configuring an ERDS workstation.
V. WASil1NGTON'S GENERAL RESPONSIBILITIFS A. . Washington will,in cooperation with the NRC, establish a capability to receive ERDS data. To this end, Washington will protide the necessary computer hardware and commercially licensed software required for ERI' uta transfer to users.
B.'
Washington agrees not to use ERDS to iccess data frorn nuclear power plants f" which a portion of the 10 mile Emergency Planning Zone does not fall within i._ State boundary.
C. For the purpo'se of minirnizing the impact on plant operatc .i, clarification of ERDS data will be purr.ued through the utility provided technical liaison personnel or the NRC.
i
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VI. IMPLEMENTATION Washington and the NRC agree to work in concen to assure that the following communications and infonnation exchange protocol regarding the NRC ERDS are followed.
A. Washington and the NRC agree in good faith to make available to each other information within the intent and scope of this Agreement.
B. NRC and Washington agree to meet as necessary to exchange information on matters of common concern pertinent to this Agreement. Unless otherwise agreed, such meetings will be held in the NRC Operations Center. The affected utilities will be kept infonned of pertinent information covered by this Agreement.
C. To preclude the premature public release of sensitive infonnation, NRC and Washington w91 protect sensitive information to the extent pennitted by the Federal Freedom of Infortration Act, the State Freedom of Information Act,10 CFR 2.790, and other applicable authority.
D. NRC will conduct periodic tests oflicensee ERDS data links. A copy of the test schedule will be provided to Washington by the NRC. Washington may test its ability to access ERDS data during these scheduled tests, or may schedule independent tests of the State link with the NRC.
E. NRC will provide access to ERDS for emergency exercises with reactor units capable of transmittir.g exercise data to ERDS. For exercises in which the NRC is not participating, Washington will coordinate with NRC in advance to ensure ERDS availability. NRC reserves the right to preempt ERDS use for any exercise in progress in the event of an actual event at any licensed nuclear power plant.
Vll. CONTACTS A. The principal renfor management contacts for this Agreement will be the Director, Division of Operational Assessment, Office for Analysis and Evaluation of Operational Data, and the Director, Division of Radiation Protection, Washington State Department of Health. These individuals may designate appropriate staff representatives for the purpose of administering this Agreement.
B. Identification of these contacts is not intended to restrict the communication between NRC and Washington staff members on technical and other day to-day activities.
Vill. RESOllmON OF DISAGREEMENTS A. If disagreements arise about the matters within the scope of this Agreement, NRC and Washington will work together to resolve these differences.
B. Resolution of differences between the State and NRC staff over issues arising out of this Agreement will be the initial responsibility of the NRC Division of Operational Assessment management.
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C.
Differences w}de:s cannot be resolved in accordance with Sections Vllt.A and Vill.D will be reviewed and resolved by the Dirtetor, Office for Analysis and Evaluation of Operational Data.
D. The NRC's General Counsel has the final authority to provide legalinterptctation of the Commission's regulations.
I (L ITFECTVE D.S@
This Agreenwnt will take effect after it has been signed by both parties.
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DlHMIl9.!f A fortnal review, not less dan 1 year after the effective date, will be performed by the NRC to evaluate implementation of the Agteement and resolve any problems identified. This Agreement will be subject to periodic resiews and may be amended or modified upon wvitten agiecment by both panies, and may be terminated upon 30 days written notice by either pany.
XI. EPARANIJTY If any provision (s) of this Agreement, or the application of any provision (s) to any person or circunstances is held invalid, the remainder of this Agreement and the application of such provirions to other persons or circumstances will not be affected.
T A Ti!E U.i'. NUCLEAR REGUL/. TORY COMMISSION, g
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- s.,
Ja es M. Taylor 9 h Date: 2 b-- , _ _ ,
i ecutive Dirennt for Operations Ton THE ST/,fE OF WASHINGTON.
.__s . _ .- : Date:
't.R. Stmng. Director Division of Radiation Protection l
m.