ML24157A091
| ML24157A091 | |
| Person / Time | |
|---|---|
| Issue date: | 08/08/2024 |
| From: | Jeffery Lynch NRC/NMSS/DMSST |
| To: | |
| Shared Package | |
| ML24157A093 | List: |
| References | |
| MD 5.2 | |
| Download: ML24157A091 (5) | |
Text
U.S. NUCLEAR REGULATORY COMMISSION MANAGEMENT DIRECTIVE (MD)
For updates or revisions to policies contained in this MD that were issued after the MD was signed, please see the Yellow Announcement to Management Directive index (YA-to-MD index).
MD 5.2 COOPERATION WITH STATES AT COMMERCIAL NUCLEAR POWER PLANTS AND OTHER NUCLEAR PRODUCTION OR UTILIZATION FACILITIES DT-XX-XX Volume 5:
Governmental Relations and Public Affairs Approved By:
[Name and Title of Approving Official Date Approved:
Month X, 200X [Date of Final Approval]
Cert. Date:
N/A, for the latest version of any NRC directive or handbook, see the online MD Catalog.
Issuing Office:
Office of Nuclear Material Safety and Safeguards State Agreement and Liaison Programs Branch
Contact:
Jeffery Lynch EXECUTIVE
SUMMARY
Management Directive (MD) 5.2, Cooperation with States at Commercial Nuclear Power Plants and Other Nuclear Production or Utilization Facilities, is revised to Update organizational changes and authorities as well as lessons learned to reflect NRCs continued coordination and communication with States and State personnel.
Clarify roles and responsibilities and delegations of authority for affected offices.
Update the handbook to clarify and update the NRCs information exchange with States and State Liaison Officers, State Personnel observation of NRC meetings, State participation in and observation of NRC Inspections, State attendance at NRC predecisional enforcement and regulatory conferences, and NRC MOUs with States.
Eliminate outdated references.
TABLE OF CONTENTS POLICY................................................................................................................................ 2 OBJECTIVES...................................................................................................................... 2 ORGANIZATIONAL RESPONSIBILITIES AND DELEGATIONS OF AUTHORITY........... 2 A. Commission.................................................................................................................... 2 B. Office of General Counsel (OGC).................................................................................. 3 C. Executive Director for Operations (EDO)....................................................................... 3
MD 5.2 COOPERATION WITH STATES AT COMMERCIAL NUCLEAR POWER PLANTS AND OTHER NUCLEAR PRODUCTION OR UTILIZATION FACILITIES Date Approved: XX/XX/20XX For the latest version of any NRC directive or handbook, see the online MD Catalog.
2 D. Director, Office of Nuclear Material Safety and Safeguards (NMSS)............................. 3 E. Regional Administrators................................................................................................. 3 F. Director of a Lead Office, Regional Administrators, and the Director, NMSS............................................................................................................................. 3 G. Directors of Affected Offices Other Than the Lead Office.............................................. 4 DEFINITIONS...................................................................................................................... 4 APPLICABILITY.................................................................................................................. 4 DIRECTIVE HANDBOOK.................................................................................................... 4 REFERENCES..................................................................................................................... 4 POLICY It is the policy of the U.S. Nuclear Regulatory Commission (NRC) to cooperate fully with State Governments as they seek to respond to the expectations of their citizens that their health and safety be protected and that there be minimal impact on the environment because of activities licensed by the NRC. The NRC and the States have complementary responsibilities in protecting public health and safety and the environment. Furthermore, the NRC is committed to the full and timely disclosure of matters affecting the public and to the fair and uniform handling of all agency interactions with the States, the public, and NRC licensees.
OBJECTIVES Provide guidance on exchanging information with States on matters of interest to the States relating to the safe operation of nuclear production or utilization facilities.
Describe a process for allowing State representatives to attend, as observers, public meetings between the NRC and its licensees and applicants.
Describe a process for allowing host and adjacent State representatives knowledgeable in radiological health and safety matters to observe specific inspections and/or inspection or audit entrance and exit meetings.
Describe a process for developing a specific instrument of cooperation (IOC) for participation in NRC inspections and/or inspection entrance and exit meetings by qualified State representatives from States in which an NRC-licensed facility is located.
ORGANIZATIONAL RESPONSIBILITIES AND DELEGATIONS OF AUTHORITY A. Commission Approves policy matters related to cooperation with States and first-of-a-kind agreements proposed under NRCs policy statement. (See Exhibit 1 of this handbook.)
MD 5.2 COOPERATION WITH STATES AT COMMERCIAL NUCLEAR POWER PLANTS AND OTHER NUCLEAR PRODUCTION OR UTILIZATION FACILITIES Date Approved: XX/XX/20XX For the latest version of any NRC directive or handbook, see the online MD Catalog.
3 B. Office of General Counsel (OGC)
Provides Regional Administrators and NMSS Director advice and assistance when drafting a memorandum of understanding (MOU).
C. Executive Director for Operations (EDO)
Approves similar agreements, documented in formal MOUs, following Commission policy direction for specific types of agreements.
D. Director, Office of Nuclear Material Safety and Safeguards (NMSS)
- 1. Provides programmatic guidance for implementing the Commissions policy on cooperation with States.
- 2. Coordinates the communication of generic, agencywide activities with Governor-appointed State Liaison Officers (SLOs).
- 3. Coordinates the development of all MOUs for State involvement in NRC activities to ensure consistency with Commission policy.
- 4. Ensures that appropriate headquarters and regional offices have input into the development of all MOUs that may affect their respective responsibilities and/or resources.
E. Regional Administrators
- 1. Coordinate the communication of region-specific, site-specific, and other State matters of interest to Governor-appointed SLOs, their designees, or both.
- 2. Coordinate the response to State requests for information.
- 3. Coordinate the notification of SLOs, their designees, or both of public meetings between the NRC and its licensees so the State representatives may attend as observers.
- 4. Coordinate the notification of SLOs, their designees, or both of the NRC reactor or fuel facility inspections, as applicable, so that State representatives may observe specific inspections and/or inspection entrance and exit meetings.
- 5. Advise the Director of NMSS and other affected offices of initial inquiries from States regarding MOUs, or of an internally perceived need for MOUs.
- 6. Independently initiate discussion with States on the development of MOUs or when requested to do so by NMSS or another office.
F. Director of a Lead Office, Regional Administrators, and the Director, NMSS
- 1. Take the lead in drafting MOUs with the advice and assistance of the Office of the General Counsel (OGC) and other appropriate or affected offices and regions.
- 2. Ensure that MOUs are prepared in accordance with the instructions provided in Directive Handbook 5.2.
MD 5.2 COOPERATION WITH STATES AT COMMERCIAL NUCLEAR POWER PLANTS AND OTHER NUCLEAR PRODUCTION OR UTILIZATION FACILITIES Date Approved: XX/XX/20XX For the latest version of any NRC directive or handbook, see the online MD Catalog.
4 G. Directors of Affected Offices Other Than the Lead Office
- 1. Consult with the Director of NMSS, regional administrator(s), or a director of a lead office, as appropriate, on the development of MOUs affecting responsibilities and authorities of their office.
- 2. Appoint primary working-level contacts for MOUs affecting their program area.
DEFINITIONS Adjacent State(s)
The State (or States) within the plume-exposure pathway emergency planning zone (EPZ) (within approximately a 10-mile radius) of an NRC-licensed facility located in another State.
Host State The State in which a specified NRC-licensed facility is located.
Instrument of Cooperation (IOC)
With respect to this policy, an IOC is documentation of agreed-upon, ongoing actions and expectations between NRC and a State regarding cooperation at commercial nuclear power plants and other nuclear production or utilization facilities. An IOC may be in the form of an informal Letter of Agreement or a formalized Memorandum of Understanding (MOU).
APPLICABILITY The policy and guidance in this management directive applies to all NRC employees.
DIRECTIVE HANDBOOK Directive Handbook 5.2 provides guidelines for implementing the Statement of Policy on Cooperation With States at Commercial Nuclear Power Plants and Other Nuclear Production or Utilization Facilities, lists IOCs between NRC and States that are currently in effect, provides a model MOU for use as the basis of a formal IOC, and provides the current MOUs for the States who use the Emergency Response Data System.
REFERENCES Code of Federal Regulations 10 CFR 50.72, Immediate Notification Requirements for Operating Nuclear Power Reactors.
10 CFR 50.91, Notice for Public Comment; State Consultation.
MD 5.2 COOPERATION WITH STATES AT COMMERCIAL NUCLEAR POWER PLANTS AND OTHER NUCLEAR PRODUCTION OR UTILIZATION FACILITIES Date Approved: XX/XX/20XX For the latest version of any NRC directive or handbook, see the online MD Catalog.
5 Office of the Federal Register Statement of Policy on Cooperation with States at Commercial Nuclear Power Plants and Other Nuclear Production or Utilization Facilities (57 FR 6462, February 25, 1992).
Nuclear Regulatory Commission Documents NRC Enforcement Policy:
http://www.nrc.gov/about-nrc/regulatory/enforcement/enforce-pol.html.
NRC Enforcement Manual:
http://www.nrc.gov/about-nrc/regulatory/enforcement/guidance.html.
Management Directive 9.26, Organization and Functions, Office of Nuclear Material Safety and Safeguards.
12.6, NRC Controlled Unclassified Information (CUI) Program.
12.7, NRC Safeguards Information Security Program.
COMSECY-10-0004, Delegation of Signature Authority for Section 274i Agreements, April 16, 2010 (ML100670279).
United States Code Atomic Energy Act of 1954, as amended (42 U.S.C. 2011 et seq.).