ML20213G576

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MOU Between NRC & State of or Expressing Desire to Cooperate in Regulation of Nuclear Activities
ML20213G576
Person / Time
Issue date: 01/04/1980
From: Atiyeh V, Frank L, Gossick L
NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO), OREGON, STATE OF
To:
Shared Package
ML20213G127 List:
References
FOIA-87-229 NUDOCS 8705180352
Download: ML20213G576 (10)
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Text

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M r t MEMORAN9UM 0F UNDERSTANDING BETWEEN THE. { STATE OF OREGON l1., AND THE .r i U. S. NUCLEAR REGULATORY COMMISSION U.C ? .ru e - a,~ z, s awn,ers \\ = f-F P 1 t L ]. f- ,'l f l'

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FI'OI MainoDOTePERMITS C3/IE/96 08:56 ,,P,,,91ANDING h. BETWEEN THE STATE OF OREGON AND THE

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U. S. NUCLEAR REGULATORY COMMIS$10N N W J This Memorandum of Understanding between the State of Oregon (hereafter " State") and the U. S. Nuclear Regulatory Commission (hereafter "NRC") expresses the desire of the parties to cooperate in the regulation of , t i ;. nuclear activities; it sets forth mutually agreeable princi ples of }[.' cooperation between the State and NPC in areas subject to the jurisdiction of the State or the NRC or both. This agreement is intended to provide the basis of subsequent detailed sub-agreements between the parties. Close cooperation between the signatories will help assure that the goals and policies of State and Federal law will be carried out efficiently and expeditiously without diminishing the responsibilities or authorities of either party. E With the execution of this Memorandum, the State and NRC agree regularly F to consult and cooperate in exploring and devising appropriate procedures to'minipiire' duplication of effort 1:6 ITie elitenTper'mit'ted by State and Federal law, to avoid delays in decision making and to ensure the exchange = F, of information that is needed to make the most effective use of the 4 resources of the State and NRC in order to accomplish the purpose of both parties, f. f Principles of Cooperation I 'l 1. The State and NRC agree to explore together the development of detailed sub-agreements in areas of mutual concern, including siting of nuclear facilities;* water quality; nuclear facility r

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operation; confirmatory radiological and environmental monitoring around nuclear facilities; decommissioning of nuclear facilities; J' emergency preparedness planning; response to radiological incidents; security planning; personnel training and exchange; and radioactive ~ material transportation monitoring. For the purpose of this Memorandum of Understanding, the term nuclear facilities is defined to include the following plants or E*1 facilities within Oregon to the extent that these facilities are not covered by the NRC-State agreement referenced in paragraph 4: a a. Nuclear power, research, and test facilities, and associated ( i facilities;

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Nuclear fuel reprocessing facilities; c. Uranium isotope enrichment facilities; P d. Nuclear fuel fabrication plants; e. Nuclear waste treatment, storage, and disposal plants; I f. Uranium milling plants and mill tailings; and g. . Uranium hexafluoride conversion plants. =. 4338A =- n j i. .----_-v..,.-,

l '1; . 'FI'01 MainoDOTEPERMITS 03/12/96 00:57 P.10 -2. C' ) e 2. Sub-agreements under this Memorandum may provide for activities to i g be performed by either party under mutually acceptable guidelines 1 and criteria which assure that the needs of both are met. For activities performed by one party at the request of the other party under specific sub-agreements to this Memorandum, either party may j-explore means by which compensation can be made available to the 4 other party or by which the cos,ts may be shared by the parties. f. 3. Each party agrees to concurrently supply the other party copies of written correspondence between it and the, operator of a nuclear facility in Oregon. This agreement applies to proprietary information

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U l.1 except as/specifically provided in the attached Sub-agreement 1. .h Each party. stands ready at the request of the other to provide reasonably,available technical information. k 4. ?!othing in tEO Hemorandum istintended to restrict or extend the constitutional or statutory authority of either NRC or the State or r to affect or vary the terms of the present agreement (signed by Oregon Governor Mark D. Hatfield and AEC Chairmgn Glenn T. Seaborg in June 1965) between the State and NRC under Section 274b of the i Atomic Energy Act of J954, as amended. 5. The principal NRC contact under this Memorandum shall be the Director 1 of the Office of. State Programs. The principal State contact shall be the. Director of the Oregon Department of Energy or his or her designee. Sub-agreements will name appropriate individuals, agencies or offices as contacts. { + t-6. This Memorandum shall take effect immediately upon signing by the Governor of the State of Oregon and the Executive Director for Operations of the Nuclear Regulatory Commission, and may be terminated upon'30 days written notice by either party. p.I 3 r ?: , j'

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FI 01 MainoDOTEPERMITS 03/12/B6 08:59 P.11 pi I. J* .mL .'j W h1 f-k t, [ FOR THE ST TE OF OREGON t t E-l ..., s Victor Atiyeh i< Governor Dated at M[8 Thi y b 6 d FOR THE UNITED STATES NUCLEAR REGULATORY CottilSSION -l _ 2 dj - _ - - / .(: - " # Lee V. Gossick Executive Director for Operations ' Dated at M / ' 4 't This f

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l ppog MagneDoTePERMITS 03/1g/BS 08:58 P.12 [., e - SUB-AGREEMENT 1 BETWEEN THE k @ OREGON DEPARTMENT OF ENERGY 'AND THE ~- ( U. S. NUCLEAR REGULATORY COMMISSION PROTECTIVE AGREEMENT FOR EXCHANGE OF INFORMATION F A. Scope This sub-agreement governs the conveyance between the United Sta [,, - Nuclear Regulatory Comission (NRC) and the Oregon Department of Energy trade se(crets or privileged or confidential comercial security information" ("pr'oprietary information") or inspection p manuals regarding nuclear facilities (whether planned, under constru or completed) within the State of Oregon. r shall be transmitted and received in confidence by the parties to All such information this sub-agreement. 3 Provisions for the Conveyance of Information between the NRC an l i 1. Pursuant to 10 CFR 2.790 and 10 CFR 9.5(a) of the NRC's public disclosure. regulations, the conveyed information is to be withheld fro 2. allow proprietary information to be subject to insp F_- under a protective agreement. in confidence of NRC inspection manuals by this agreement is expressly not to be construed as n'public disclosure of those documents. 3. ODOE agrees to accept and protect from public disclosure the materials provided by the NRC in confidence pursuant to one or more of the following) sections of the Oregon re (ORS): 469.090, 469.560, and 469.990. .{- 4. The only persons permitted a'ccess to information provided to ODOE by NRC as a result of a conveyance under this agreement shall be the Director of the 000E (" Director"), members of the Energy Facility Siting Council (EFSC), the Administrator of the Siting and Regulation Program of the ODOE Regulation Administrator"); and the nuclear en(" Siting and s' members of.the Siting and Regulation Program ("gineer staff nuclear engineers"). ~ e .\\ i gesume a -

FIOI MainoDOTePERMITS 03/12/86 08:59 P.13 7 g? 5. Materials conveyed to the 000E under this agreement shall be g stored in a bank safe deposit box or a locked security cabinet 5 v or safe to which access shall be provided no persons other 7. l than the Director, the Siting and Regulation Administrator. and the nuclear engineers. t 6 The Director EFSC members. Siting and Regulation Administrator. i and nuclear engineers shall make no copies of materials conveyed C to the ODOE under this agreement and shall discuss the information conveyed to the 000E under this agreement with no persons other than themselves, the appropriate representatives of the companies which supplied the information to the NRC, and the 1 appropriate representatives of the NRC. j; ODOE will maintairi an inventory of all documents received 7. under this agreement. The inventory and documents will be available for NRC review upon request. 8. 000E agrees to review annually its inventory of conveyed [ information and return those items no longer needed. C. _ Classified Information In the event ODOE requires access to classified information (e.g., restricted data or national security information). ODDE will work with NRC to obtain the necessary authorization and to provide the with all Federal rules and regulations.necessary facilities to review an f D. Authority Nothing in this sub-agreement is intended to restrict or extend the constitutional or statutory authority of either NRC or the State. E. Contacts The principal NRC contact under this sub-agreement shall be the Chief. Safeguards Branch, Region V. The principal State contact shall be the Administrator. 5,iting and Regulation of the Oregon Department of Energy. F., Effective Date o This sub-agreement shall take effect immediately upon i Director for Operations of the Nuclear Regulatory Commission, and may be terminated upon 30 days written notice by either party. ) ik = I h A

FIbIMainoDOTEPERMITS 03/12/06 08:59 P.14 / m i W s k< i l e ? ' '.. i F B f' FOR THE OREGON DEPARTHENT OF ENERGY U' i i.; r- 'inx Dated at This /f day Y e b[' FOR THE UNITED STATES NUCLEAR REGULATORY COMMISSION r _a I Mee V. Gossick' ' ~ ~ ~ L Executive Director for Operations Dated at dedha A ' This ynday of o>9 h n>>./ fyfg n f -[* J 7 r p-E y " I k a n. e. = Il l

  • ' ' FI'01 MainoDOTePERMITS 03/12/96 09:00 P.15 SUB-AGREEMENT I

' r[ BETWEEN THE .y OREGON DEPARTMENT OF ENERGY r AND THE a \\ gig U. 5. NUCLEAR REGULATORY COMMISSION { RESIDENT INSPECTORS 'I A. Scope b 5: *; This sub-agreement covers the relationship between the United - States Nuclear Regulatory Commission (NRC) and the Oregon Department of Energy concerning their respective resident inspector programs at the Trojan Nuclear Facility (Trojan) located 30 miles northwest i of Portland, Oregon, and operated by Portland General Electric f. Company (PGE). 'F During its 1979 Session, the Oregon Legislative Assembly enacted and the Governor signed Senate Bill 641 which requires the Oregon Department of Energy (000E) to maintain an inspector at the site of a nuclear-fueled thermal power plant. Under the residen't inspector .l 89 program established by the Nuclear Regulatory Consnission, the NRC's Office of Inspection and Enforcement has stationed its own resident inspector at Trojan. This agreement will specify the relationship j,. between the two programs. [ B. Trainino i NRC will use its best efforts to make bailable space in its inspector + =- training courses to accomodate any inspector or alternates hired by ODOE to be stationed at Trojan. 0 C. Inspection Manuals f NRC will make inspection manuals available to 000E. f D. Authority ? The parties agree that the 000E inspector will not have authority to direct PGE employees to take any action. Under Oregon law, this ? is within the exclusive State jurisdiction of the Director of the Oregon Department of Energy or in his absence, the Governor..The inspector will make his recomendations to the Director through the i Administrator, Siting and Regulation. pc l B The Director of the Oregon Department of Energy or in his absence, ! N,. the Governor shall not require the operators of Trojan to take action contrary to NRC requirements. If 000E finds it necessary to direct the operators of Trojan to take action. 000E shall obtain I -l.. NRC's prior agreement that such action does not have an adverse effect on plant or public safety. ( Nothing in this sub-agreement is intended to restrict or extend the constitutional or statutory authority of either NRC or the State. i ! 9 L L l .\\ {

o3/12/06 09:00 P.16 ".'*,FIO1 MainoDOTePERMITS -2 i s. [;: E. 000E Inspector's Duties, _R1 ,[ The ODOE inspector's duties include the following: 5 1. Observing reactor plar.t maintenance, engineering, quality assurance, security, e ergency planning and operation to evaluate compliance wi'5 Federal and State safety standards. Specific aspects to bc.abserved include the control of reactivity. radiological protectit i and control, water chemistry control, system repair and pres.ntive maintenance, in-service inspections l i, and periodic testing, t nd compliance with plant security e programs. 2. Advising the State of Oregon about the significance of any incident at the plant, ar.d whether the corrective action taken f is prompt and complete. by reviewing engineering system design. M sequence of events and trouble-shooting. This will include U discussion of the incident with the plant management and off-

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site engineering managers. 'b 3. Reviewing changes in plant operating and maintenance procedures and system modifications for ccaformance with State and Federal h requirements, compatibility with system design, and effect on I -h safe plant operations. i r l-4. Researching plant conditions or practices to support ODOE .m engineering evaluation of the safe operation of the plant, t 7 including identification of as-built conditions, determination of historical performan:e of equipment, and review of operating i practices. ,J. F. Working Relationships >1 i 1. The ODOE inspector will not attempt to duplicate the regulatory t-{ activities of the NRC. but ~will rather attempt to supplement el the N M regulatory activities. To the extent possible. the 'I ODOE and NRC insoectors will arrange their schedules and inspection activities sa that their on-site activities complement 1 each other, in order to provide the widest possible coverage ,4 of the plant and its operations. '.i 2. The 000E inspector will cooperate with the assigned NRC resident i.j, inspectors. The NRC inspector will reciprocate. l 3. To the extent possible, the ODOE inspector may observe NRC s S audits, reviews, inspections, investigations, drills and A meetings at Trojan. In the same way. the' NRC resident inspector may observe ODOE audits, reviews, inspections. investigations, drills and meetings at Trojan. The parties recognize that there will be occasions when, because of the sensitive nature of certain meetings, it may be necessary for the parties to conduct interviews privately and separately. a G W l[ I t (L . S. h

I ~ FI'O f MainoDOTEPERMITS 03/12/86 09:01 P.17 -3.. [ q I 4. The 000E is invited to all NRC exit interviews. In the same F h way, to the extent'possible the NRC inspector may attend 000E i exit interviews. PGE will advise the 000E and NRC ins of the time, date and location of all exit interviews.pectors G. Contacts , I. The principal NRC contact c' der this sub-agreement shall' be the i Director of NRC's Region V office. The principal State contact shall be the Administrator of Siting and Regulation. Cregon Depart-3 ment of Energy. i. L H. Effective Date r This sub-agreement ^shall ta a effect irmudiately upon signing by ./; the Director of the Oregon Eeoartment of Energy and the Director of / the Office of Inspection 'an-Enforcement of the Nuclear Regulatory Comission, and may be terer nated upon 30 days written notice by (- either party. 'b [ FOR THE 01FGON DEPARTMENT OF ENERGY s-k' ) 7 I' WMibd =- \\ v,, f Lynn Frank Director p i Dated at MN This - day o C i i FOR THE UNITED STh.TES NUCLEAR REGULATORY C0tfil5SION u j f. Fletor Stello Director, Office of Inspection and Enforcement s of ^ m / 7 t i .C L jr db o. l l TOTAL P.17 -}}

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