ML20198D368
| ML20198D368 | |
| Person / Time | |
|---|---|
| Issue date: | 05/03/1992 |
| From: | Taylor J NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| To: | Myers J NORTH CAROLINA, STATE OF |
| References | |
| NUDOCS 9205200309 | |
| Download: ML20198D368 (8) | |
Text
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May 3, 1992 Mr. Joseph F. Myers, Lirector Division of Emergency Management North Carolina Department of Crime Control and Public Safety 116 W. Jones St.
Raleigh, NC 27603-1335
Dear Mr. Myers:
Thank you for submitting the Memorandum of Understanding (MOU) for the State of North Carolina on the Emergency Response Data System (ERDS).
After review, we have found that the proposed MOV is consistent with the standardized format for the ERDS HOU that we established with the State of Michigan.
We are now ready to finalize the MOV with the State of North Carolina.
I have enclosed i
six signed copies of the final MOU for your signature after which it will i
become effective. We appreciate receiving a signed copy initially from you, however, our procedures call for obtaining six signed originals for retention by all parties.
Please retain three copies for your files and return three copies to Eric Weinstein of the NRC staff at the following address:
fir. Eric Weinstein U.S. Nuclear Regulatory Commission Mail Stop - MNBB-3206 Washington D.C. 20555 The NRC looks forward to working with the State of North Carolina in incident response and other matters in the future and believe that this MOV and ERDS itself will allow us to protect the health and safety of the public to a greater degree.
Once again, thanks for your interest and participation in this worthwhile program.
If you have any further questions or comments, please contact Eric Weinstein at 301-492-7836.
Sincerely, Original Signed Byn hme; M. Taylor James H. Taylor Executive Director for Operations
Enclosure:
DISTRIBUTION:
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May 3, 1992 Mr. Joseph F. Myers, Director Division of Emergency Management North Carolina Department of Crime Control and Public Safety 116 W. Jones St.
Raleign, NC 27603-1335
Dear Mr. Myers:
Thank you for submitting the Memorandum of Understanding (HOU) tor the State of North Carolina on the Emergency Response Data System (ERDS).
After review, we have found that the proposed MOU is consistent with the standardized format for the ERDS MOV that we established with the State of Michigan.
We are now ready to finalize the MOV with the State of North Carolina.
I have enclosed six signed copies of the final MOV for your signature after which it will become effective. We appreciate receiving a signed copy initially from you, however, our procedures call for obtaining six signed originals for retention by all parties.- Please retain three copies for your files and return three i
copies to Eric Weinstein of the NRC staff at the following address:
Mr. Eric Weinstein U.S. Nuclear Regulatory Cc:nmission Mail Stop - MNBB-3206 Washington D.C. 20555 The NRC looks forward to working with the State of North Carolina in incident responso and other matters in the future and believe that this MOV and ERDS itself will allow us to protect the health and safety of the public to a greater degree. Once again, thanks for your interest and participation in this worthwhile program.
If you have any further questions or comments, please contact Eric Weinstein at 301-492-7836.
Sincerely, Original Signed Bo James M. Taylor James M. Taylor Executive Director for Operations
Enclosure:
DISTRIB)1LON:
Six copiet of the JTaylor, E00 EJordan, AEOD AEOD R/F
-final MOU JSniezek, OEDO Dross, AE0D NRC PDR MTaylor, OEDO 00A R/F Local PDR cc w/ encl:
MMiller, RI RSpessard, AE0D DCS J. Jolicoeur, AE00 RLickus, Rill EWeiss. AE0D 1RB R/F M. Landau, OSP CHackney RIV TMcKenna, AE00 R. Irojanowski, RII DKunihiro, RV EWeinstein, AE00 V'
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AGREEMENT PERTAINING TO THE EMERGENCY RESPONSE DATA SYSTEM j
BETWEEN THE l
STATE OF NORTH CAROLINA
-AND THE U.S. NUCLEAR REC,ULATORY COMMISSION I.
Authority The U.S.
Nuclear Regulatory Commission (NRC) and the State of North Carolina enter into this Agreement under the authority of Section 2741 of the Atomic Energy Act of 1954, as amended.
North Carolina recognizes the Federal Government, primarily the NRC, as having the e::clusive 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 grantod to States by the-Clear 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 ut111 ration 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.
S.
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 L
adopted a policy statement on
" Cooperation with l
States at Commercial Nuclear Power Plants and Other j
Nuclear Production or Utilization Facilities" (54 l -
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 wita NRC.
This agreement j.
is intended to be consistent with, and implement
.he provisions of the NRC's policy statement.
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A 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.
North Carolina fulfills its statutory mandate to provide for preparedness, response, mitigation, and recovery in the event of an accident at a nuclear power plant through the North Carolina Emergency Response Plan for the Brunswick Steam Electric Plant, the North Carolina Emergency Response Plan for the Shearon Harr'is Nuclear Power Plant, the North Carolina Emergency Reisponse Plan for the McGuire Nuclear Station,
- a. ed the North Carolina Emergency Response Plan for the Catawba Nucle 2r Station.
III. Scope A.
This Agreement defines the way in which NRC and North Carolina 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, in the State of North Carolina.
B.
It is understood by the NRC and the State of North Carolina 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 North Carolina, 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 State of North Carolina on matters not within the scope of this Agreement.
D.
Nothing in this Agreement confers upon the State of North Carolina 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 issue:1 by NRC; or ( 5 ) direct or recommend l
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i nr lear power plant employees to take or not to ta'19 any action.
Authority for all such actions is reserved exclusively to the NRC.
1
!V.
NRC's General Responsib111 ties i
Under this agreement, NRC is responsible for maintaining the Emergency Response Data System (ERDS).
ERDS is a
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system designed to receive, store, and retransmit data l
from in-plant data systems at nuclear power plants l
during emergencies.
The NRC will provide user access to i
ERDS data to one user terminal for the State of North Carolina during emergenc4es at nuclear power plants which have implemented an ERDS interface and for which
. any portton of the plant's 10-mile Emergency Planning Zone (EPZ) lies within the State of North Carolina.
The NRC will provide any software which is not commercially available and is necessary for configuring an ERDS workstation.
V,
" orth Carolina General Responsibilities A.
North Carolina will, in cooperation with the NRC, establish a capability to receive ERDS data.
To this end, North Carolina will provide the necessary computer.
hardware and commercially licensed software required for ERDS data transfer to users.
B.
North Carolina agrees not to use ERDS to access data from nuclear power plants for which a portion of the 10-m11e Emergency Planning Zone does not fall within its State boundary.
C.
For the purpose of minimizing the impact on plant operatorc, clarification of ERDS data will be pursued through the NRC.
VI.
Implementation North Carolins and the NRC agree to work in concert to assure that the following communications and information exchange protocol regarding the NRC ERDS are followed.
A.
North Carolina and the NRC agree in good faith to make available to each other information within the intent and scope of this Agreement.
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B.
N2C ?.nd North Carolina 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 informed of pertinent information covered by this Agreement.
C.
To preclude the premature.public release of sensitive information, NRC and North Caro 11na will protect sensitive information to the extent permitted by the Federal Freedom of Information Act, the State Freedom 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 schedu)e will be provided to North Carolina by the.NRC.
North Carolina 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 transmitting exercise data to ERDS.
For exercisos in which the NRC is not participating, North Curo11na 1111 coordinate with NRC in advance to ensure EF1S 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.
VII. Contacts A.
The principal senior management contacts for this Agreement will be
-the
- Director, Division of Operational Assessment, Office for Analysis and Evaluation of Operational Data, and the Director of the North Carolina Division of Emergency
'4anagement.
These individuals may designato appropriate staff representatives for the purpose of administering this Agreement.
3.
Identification of these contacts is not intended to restrict communication between NRC and North Carolina staff members on technical and other day-to-day activities.
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'/III. Resolution of Disagreements A.
- f disagreements arise about matters within the scope of this Agreement, NRC and North Carolina will work together to resolve these differences.
3.
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.
C.
Differences which cannot be resolved in accordance with Sections VIII. A *and VIII.B will be reviewed and resolved by the Director. Office for 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.
Effective Date This Agreement will take effect after it has been signed by bo h parties.
x.
Duration A
formal
- review, not less than 1
year after the effective date, will be performed by the NRC to evaluate i
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.
- 1.
Separability 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 anc the application of such provisions to other persors or circumstances will not be affected.
FOR Ti!E U.S.
!JUCLEAR REGULATORY COMMISSIOrl,
/
Date:
~
Jabas M. Tayp
[xdcutiveDirectorforOperations FOR THE STATE OF 110RTH CAROLIllA, l
Date:
' Joseph F. Myers, Director 11 orth Carolina Division of Emergency Management
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