ML20237G840

Intervenor Exhibit I-NYS-4,consisting of Excerpt of 850418 Fr Notice Re MOU Between FEMA & NRC

ML20237G840
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	06/16/1987
From:	Federal Emergency Management Agency
To:
References
OL-5-I-NYS-004, OL-5-I-NYS-4, NUDOCS 8709020430
Download: ML20237G840 (5)

Text

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6/afr7 L.L - /V ys - y Federal Register / Vol. 50. No. 75 / Thursday. April 18, 1985 / Notices 1S485 I'

its maximum lawful selling prices with comments on the proposed rate FEDERAL EMERGENCY,

respect to its sales of propane to Dow schedule.Following review of written MANAGEMENT AGENCY Chemical Company and Enterprise Pioducts comments.the Administrator will Company. According to the FRO. one of three submit the proposed rate schedule to the NUCt. EAR REGULATORY Q '",t[ nary math dologies should be Deputy Secretary of Energy for COMMISSION 87 E 25 A9 32 confirmation, approval, and placement (FR Doc. 85-94t4 Filed 4-17-85,8:45 ami in effect on an interim basis and also Memorandum of Understa' ding n

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-a submit it to the Federal Energy Between Federal Ernergency Regulatory Commission (FERC) for Management Agency and Nuclear confirmation ar'd approval on a final Regulatory Commission -

Southwestern Power Administration basis.

The Federal Emergency Management repose te S ile re due on Agency (FEMA) and,the Nuciear Proposed New Rate Schedule P-48 eg a mmismn W have and Opportunity for Public Review and or before May 3,1985.

entered into a new Memorandum of Cornment FOR FuRWER INFORMATION Understanding (MOU) Relating To AoEcy: Southwestern Power coMTAcT: Francis R. Cajan. director-Radiological Emergency Planning and Administration. DOE.

Power Marketing. Southwestern Power Preparedness. This supersedes a ACTION: Notice of proposed new Rate Administration. Department of Enew, memorandum entered Int' 'No'vember 4

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o Schedule P-4B forpower and energy P.O. Box 1619. Tulsa. Oklahoma 74101.

1980 (Published December 16, 'l980, 45 sold to certain SWPA customers which (918)581-752a FR Bri3t!The substantive changes in desire to change their service suppuMEMTARY WFORMADON:SWPA's the new MOU deal pi:Iricipilly~ ~ ith the w

arrangements and opportunity for public proposed new Rate Schedule P-4B is

• FEMA handling of NRC requestolfo[* ~

review and comment.

Dierely a modified versfortof the

' findings arid deteni0 nations cBncerning

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existing Rate Schedule F-4B to

'"offsite planning'and p3p~aicdn'e'ssWhe SuMMARYrThe Administrator.

recognize the change in servtce

" basis and conditions for hterim firIdings Southwestern Power Administration arrangements desired by a certain group in support oflicensing are defined, as (SWPA),has determined that a new of SWPA customers now served through well as provisions for status reports Rate Scheinle P-4B is required for PSO and OC&E under Rate Schedule F-when plans are not complete.The text -

certain SWPA customers which desire a 4B.The implementation of the proposed of the MOUis set out below except that change from their present firm service Rate Schedule P-4B will not affect the an attachment is not included. This arrangements with load center delivery rate levels under other SWPA rate attachment concerns membership on a from SWPA under Rate Schedule F-4B schedules and will produce a rate level steering committee.

and pursuant to contractual which will be identical to that for arrangements between SWPA and the service under either Rate Schedule F-4B Memorandum of Understanding Public Service Company of Oklahoma with elimination of the purchase cost Between NRC and FEiWi Relating to (PSO) and Oklahoma Cas and Electric pass-through element. or Rate Schedule Radiological Emergency Plannmg and Company (OC&E).These SWPA P-4 with load center delivery.

Preparedness '

customers now desire peaking service Furthermore, participation in the new I. BackgroundandParpose arrangements with load center delivery senice arrangements and, hence, the from SWPA pursuant to other proposed Rate Schedule P-4B la purely This memorandum of Understanding contractual a*rangements between voluntary.The Administrator has, (MOU) establishes a framework of ~

SWPA, PSO, OG&E, and/or the therefore, determined that written cooperation between the Federal Oklahoma Municipal Power Authority comments will provide adequate Emergency Management Agency (OMPA). The proposed Rate Schedule opportunity for public participation ii2 (FEMA) and the U.S. Nuc' ear Regulatory P-4B will have the same i stes and terms the developrnent of the proposed rate Commission (NRC)in radiological for load center deliveries as the existing schedule and that a shortened comment emergency response planning matters.

Rate Schedule F-4D. but will recognize period is reasonable. Consequently.

so that their mutual efforts will be the peaking service arrangements wr ten comments are due on or before directed toward more effective plans o

between SWPA and the affected SWPA fifteen (15) days following publication of and related preparedness measures at customers, which provide for direct the notice in the Federal Register.

and in the vicinity of nuclear reactors purchase by the affected LWPA Ten copics of wntten mmrr.ents and fuel cycle facilities which are customers of non federally generated should be submitted to the subject to to CFR Part 50. Appendix E, energy from PSO. OC&E, and/or OMPA.

Administrator. Southwestern Power and certain other fuel cycle and

- Since the same rates that apply under Administrate'on. U.S. Department of materials licensees which have potential

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Rate Schedule F-40 (except for revenues Enemy. P.O. Box 1819 Tulsa. Oklahoma for significant accidental offsite and expenses associated with non.

74101. FoIIowing review of the written radiological releases..The memorandam federally generated energy) will t.lso c mmentslthe Administrator wi[I is responsive to the President's decision apply under the proposed rate schedule, develop the proposed rate scheduIe of December 7.1979 that FEMA will the net repayment results of the 1983 -

which will be submitted to the Deputy take the lead in offsite planning and Power Repayment Study (the basis for Secretty of Energy for approval on an response.his request that NRC assist present rate levels) will not be altered, interim basis and to FERC for approval FEMA in carrying out this role,"and be However, the amount that SWPA must on a finalbasis.

NRC's continuing statutory budget and receive Congressional f esuelin TulsaAkfahma. Apri! 9.1985.

responsibility for the radiological health appropriations for purchased powee Ronald IL WHLarson and safety of the public.

s each year will be reduced. thereby Admininustar.SaarbaestenePtwer On January 14.1980, the two agencies reducing the overall annual Federat Admmisuvuor:.

entered into a " Memorandum of Budget. An opportunity is presented for (FR Doc. 85-0419 Filed 4-17-65; 8,44 ami Understanding Between NRC and FWA interested parties to submit written en.una coot usem to Accomplish a PromptImprovementin 8709020430 870616 PDR ADOCK 05000322 O

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Federal Register / Vol. 50. No. 75 / Thursday, April 18. 1985 / Notices 15486 Radiological Emergency Preparedness" policies for, and coordinate, all civil '

implemented.The finding wil! indicate.

that was responsive to the President's defense and civil emergency planning, one of the following conditions:(1) Plans

)

December 7,1979, statement. A revisid management, mitigation, and assistance are adeq~uite and there is re'asonable.

and updated memorandum of functions of Executive agencies" asitira'nce'thit they can be' implemented understanding became effective (Section 2-101) and "... represent the with oh!y limited or no corrections November 1.1980.This MOU is a further President in working with State and needed; (2) plans are adequate. but revision to reflect the evolving local governments and the private sector before a determination can be made as relationship between NRC and FEMA to stimulate vigorous participation in to whether they can be implemented.

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and the experience gained in carrying civil emergency preparedness, corrections must be made to the plans or out the provisions of the January and mitigation. response, and recovery supporting measures must be November 1980 MOU's. This MOU programs." (Section 2-101.)

demonstrated (e.g., adequacy and supersedes these two earlier versions of On December 7,1979, the President. in maintenance of procedures, training.

the MOU.

response to the recommendations of the resources, staffing levels and The general principles. agreed to in Kemeny Commission on the Accident at qualifications, and equipment the previous MOU's and rcaffirmed in Three Mile Island, directed that FEMA adequacy); or (3) plans are adequate this MOU, are as follows: FEMA assume lead responsibility for a!! offsite and cannot be implemented until fhey coordinates all Federal pladning for the nuclear emergency planning and are revised to correct deficiencies noted In the Federal review, offsite impact of radiohgical response.

emergencies and takes the lead for Specifically, the FEMA If 'n FEMA's view the plans that are assessing offsite radiologicaTTmergenc) responsi'oilities with respect to available are not completed or are not response plans.and preparedness,,

radiological emergency preparedness as ready for review. FEMA will provide 8

makes findings and determinations as to they relate to NRC are:

NRC with a status report delineating

~ he adequacy and capabilit 1.To take the trad in offsite milestones for preparation of the plan by

, implementing offsiti plani,'y 'of ~

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andi

/ emergency planning and to review inn...

the offsite authorities as well as FEMA's 2

d

, communica'tes those findingsin'~.l ds~siss offsite emergency plans'ah'd ~

actions to assist in timely development d

ideterininidioss'to the NRC. The NRC lieparedness for adequacy; and teview of the plans.

-/

revie'ws thdse FEMA findings and 2.To make finding's and An interim finding on preparedness #

determinations in conjunction with the determinations as to whether offsite will be based on review of currently NRC onsite findings for the purpose of emergency plans are adequate and can available plans and joi6t exercise ^

l making determinations on the overall be implemented (e.g., a:lequacy and results add Will I6clude an assessment

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I state of emergency preparedness.These maintenance of procedures, training, a's'ti(1) ivhether offsite efteQency l

overall findings and determinations are resources, staffing levels and plans are adequate as measured againt used by NRC to make radiological qualifications, and eq uipment the standards and criteria of NUREG-health and safety decisions in the adequacy). Notwithstanding the 0654/ FEMA-REP-1, and12) whether the Issuance of licenses and the continued

' procedures which are eet forth in 44 CFR exercise (s) demonstrated that there is p

operation of licensed plants to include 350 for requesting and reaching a FEMA reasonable assuranEe that the ' lans' can'

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'be im' femente'd. wy,m%

taking enforcement actions as notices of administrative approval of State and

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• • 'Ait'pinte"rdifliding on'prepareildess

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violations, civil penalties, orders, or.

local plans, findings, itid determinations willIndicAte'775ere~fs reasonable

^ 6M of the~following shutdown of operating reactors.This \\

on the current status'of ernitienuyi conditionsi(1 delineation of responsibilities avoids planning and preparedness around.

.duplicativ_e efforts by the NRC staff in

. particular sites, referred to as interimQ assurance that the plans are adequate --

offs!te preparedness matters.

findings, will be provided by FEMA fors and can be implemented as A separate MOU dated October 22, use as needed in the NRC licensing / demonstrated in an exercise: (2) there 1

19m, deals with NRC/ FEMA process. Such findings will be provided are deficiencies that may adversely

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cooperation and responsibilities in by FEMA on mutually agreed to affect public health and safety that must response to an actual or potential schedules or on specific NRC request.

be corrected in order to provide h

radiological emergency. Operations The request and findings will normally reasonable assurance that the plans can Respons6 Procedures have been be by written communications between be implemented: or (3) FEMA is deve!cped that implement the provisions the co-chairs of the NRC/ FEMA Steering gndecided and will provide a schedule of the incident Response MOU.These Committee. An interim finding provided 1o, f actions leading to a decision.

documents are intended to be consistent under this arrangement vcill be an

3. To assume responsibility, as a with the Federel Radiological extension of FEMA's procedures for supplement to State, local, and utility Emergency Response Plan which review and approval of offsite efforts, for radiological emergency desenbes the relationships, role and radiological emergency plans and preparedness training of State and local i

re* possibilities of Federal agencies for preparedness set forth in 44 CFR 350. It officials.

I responding to accidents involving will be based on the review of current!

g4. To develop and issue an upda:ed

, peacetime nucelar emergencies, available plans and,if afpi5biate' Join M series of interagency assignments svhich exeiciss results. relate'd to.a sp6cific delineate reepective agency capabilities f

II. Authorities andResponsibilities nuclear power plant site.

• and responsibilities and define

'An interim findisglaTe'd only on the procedures for coordination and

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FEAfA-Executive Order 12148 A

charges the Director, FEMA, with the

{/ review of currently available offsite direction for emergency planning and responsibility to "... establish Federal & plans willinclude an assessment se to response. (Current assignm'ents are in 44 i

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whether the.se plans are adequate when CFR 351, March 11.1982.'(47 FR 10758)).

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' Annessments of offsoe plans may be based on measured against the standards and NRC-The Atomic Energy Act oi1954, State and local sovernment plans submitted to criteria of NUREG-0654/ FEMA-REP-1, as amended, requires that the NRC grant and, pe~nding a demonstration through, licenses only if the health and safety of 8" ' ' " '

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Ci f1 a o bas p ns an exercise, whether there is reasonable the public is adequctely protected.

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/ currently evadable to stA or furmshed to PUfA assurance that the plans can be ~

While the Atomic Energy Act does not th.ough the NRC/IT.MA Steering Committee.

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Federal Register / Vol. 50. No. 75 / Thursday. April 18, 1985 / Notices 15487 specifically require emergency plans make ex' ert witnesses available before C. Preparation for and Evaluation of p

and related preparedness measures the the Commission. the NRC Advisory

/oint Exercises. FEMA and NRC will

• NRC requires consideration of overall Committee on Reactor Safeguards. NRC co' operate in determining exercise emergency preparedr.ess as a part of the hearing boards and administrative !..

requirements for licensees. State and licensing process. The NRC rules (10 judges, for any court actions, and during local governments. They will also jointly CFR 50.33. 50.34. 50.47. 50.54, and any related discovery proc 2edings.

observe and evaluate exercises. NRC

[ proceedings as part of th'e presentation pnd FEMA will institute procedure Appendix E to 10 CFR Part 50) include FEMA will appear in NRC licensing requirements for the licensee's enhance the review of the objectives emergency plans. -.--

6yof the NRC staff. FEMA counsel will kg~and scenarios for joint exercises. This Specifically, the NRC responsibilities normally present FEMA witnesses and review is to assure that both the onsite for radiological. emergency preparedness be permitted. at the discretion of the considerations of NRC and the offsite cre:

NRC licensing board, to cross-examine considerations of FEMA are adequately

1. To assess licensee emergency plans the witnesses of parties. other than the addressed and integrated in a manner for adequacy. This review willinclude' NRC witnesses, on matters involving that will provide for a technically sound -

organizations with whom licensees have FEMA findings and determinations.

. exer'cise up'on which an'adessment of :

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wntten agreements to provide onsite

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policies. or operations: however. FEMA

.pr'eya're'dness~ capabilities'Er be based.

support services under emergency

/ will not be asked to testify on status The NRC/ FEMA prbce'dures will " ~ '

conditions-reports. FEMA is not a party to NRC provide for the availability r4 exercise j

To verify that h.censee emergency p,oceedings and, therefore,is not objectives and scenarios sufficiently in plans are adequately implemented (e g, subject to formal discovery advance of sheduled exercises to allow adequacy and maintenance of requirements placed upon parties to enough time for adequete review by i

procedures, training, resources, staffing NRC proceedings. Consistent with NRC and FEMA and correction of any j

l levels and qualifications, and available resources, however. FEMA deficiencies by the licensee.The failure j

equipment)..

will respond informally to discovery of a licensee to develop a scenario that detenn,teview the FEMA findings and requests by parties. Specific assignment adequately addresses both onsite and 3.To

. mations as _to.whether offsite of professional responsibilities between offsite considerations may result in NRC plans are adequate,and utn be NRC and FEMA counsel will be taking enforcement actions.

4 $N ke r logical health and

, The FEMA reports will be a part of an primarily the responsibility of the safety decisions with regard to the

"".rneys assigned to a particular case.

interim finding on emergency in situations where questions of preparedness; or will be the result of an overall state of emergency preparedness pr fessional responsibility cannot be exercise conducted pursuant to FEMA's (i.e., integration of emergency d by the attorneys assigned, review and approval procedures under y preparedness onsite as determined by resolut:.on of any differences will be 44 CFR Part 350. Exercise evaluaftons F the NRC and offsite as determined by FEMA and reviewed by NRC) such as m de by the General Counsel of FEMA willidentify one of the following assurance for continued operation, for and the Executive Legal Director of the conditions:(1) There is reasonable r

issuance of operating licenses, or for NRC or their designees. NRC will assurance that the plans are adequate taking enforcement actions, such as h request the presiding Board to place and can be Implemented as _. s...

notices of violations. civil penalties.

g y n the service list for alllitigation demonstr, ate,d in the(exercise; (2) there orders, or shutdown cf operating fm which it is expected to participate.

are deficiencies th'a't may adversely

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reactors.

^ Nothing in this document shall be impact p'ublic hehlth ind safety that I

construed in any way to diminish NRC's must be corrected by the affected State

//l. Areas of Cooperation responsibility for protecting the and local governments in order to A. NRC Licensing Reviews. FEMA radiological health and safety of the provide reasonable assurance that the' will povide support to the NRC for public.

plan can be implemented; nr (3) FEMA licensing reviews related to reactors.

D. FEMA Review of Offsite Plans and is undecided and will provide a fuel facilities, and materials licensees Preparedness. NRC will assist in the schedule of actions leading to a with regard to the assessment of the development and review of offsite plans decision. Within 50 days of the exercise.

adequacy of offsite radiological and preparedness through its a draft exercise report will be sent to the emergency response plans and membership on the Regional Assistance State. with a copy to the Regional preparedness. Thit will include timely Committees (RAC). FEMA will chair the Assistance Committee. requesting submittal of an evaluation suitable for Regional Assistance Committees, comments and a schedule of corrective inclusion in NRC safety evaluation Consistent with NRC's statutory,

actions. as appropriate, from the State in reports,

responsibility. NRC will recognize,

30 days. Where there are deficiencies of Substantially prior to the time that a FEMA as the Interface with State and the types noted in 2 above. and den FEMA evaluation is required with local governments for interpreting offsite there is a potential for a remedia!

regard to fuei facility or materials radiological emergency planning and exercise. FEMA Headquarters will license review. NRC willidentify those preparedness:^iteria as the~y" affect -

promptly discuss these with NRC

' i i

fuel and materials licensees with those governments and for reporting to Headquarters. Within 90 days of the potential for significant accidental those governments the results of any exercise. the FEMA report will be offsite radiological releases and evaluation of their radiological i forwarded to the NRC Headquarters.

transmit a r9 quest for review to FEMA emergency planiand preparedness.

Within 15 days of receipt of the FEMA t

as the emergency plans are completed.

Where questions arise concerning the report NRC will notify FEMA in writing FEMA routine support will include interpretation of the criteria, such

/of action taken with the licensee relative l

providing assessments findi: gs and questions will continue to be referred to [to FEMA initiatives with State and local determinations (interim and final) on FEMA Headquarters. and when I

offsite plans and preparedness related appropriate. to the NRC/ FEMA Steering [ governments to correct deficiencies i

identified in the exercise. '

to reactor license reviews. To support its Committee to assure uniform D. Emegency Planning and findings and determinations. FEMA will interpretation.

Preparedness Guidance. NRC has lead

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/

[ gggg Federal Register / Vol 50, No. 75 / Thursday. April 18. 1985 / Notices

^-

responsibility for the development of be referred to NRC and FEMA Datxi: April 15.1985.

i hmergency planning and preparedness management The NRC members will Jeff Sconyers, guidance for firensees. FEMA has lead-have lead responsibdity forlicensee Secretory.

responsibility for the development of planning and preparedness and the

[FR Doc. SM36:Eed 4-17-85; 8:45 am]

radio [ogical emergency pbning and FEMA members will have lead senocoog no.aw preparedness guidance for State and responsibility for offsite planning and local agencies. NEC and FEMA preparedness.The Steering Committee recognize the need for an integrated, will assure coordination of plans and

^

FEDERAL RESERVE SYSTEM coordinated approach to radiological preparedness evaluation activities and ernergeney planning and preparedness revise, as necessary, acceptance enteria Citicorp, et at; Applications To Engage by NRC b,censees and State and local for licensee. Stata, and local radiological de Novo in Permissible Nonbanking governments. NRC and FEMA will each, emergency planning and preparedness.

Activities; Correction therefore. provide opportunity for the NRC and FEMA will then cmsider and other agency to review and comment on adopt criteria. As appropriate. In their This notice corrects' a previous such guidance (including mterpretatiana respective jurisdictions. (See Federal Register document (FR Doc. No.

of agreed Joint guidance} prior to J 85-6785), published at page 11581 of the adoption as formal agency F dance.

Issue for FIrday. March 22.1985 i

E. Support for Document alunogement V. Working Arrangements apecifying a period for public comment System. FEMA and NRC will each provide the other with contmued accesu A. ne numal point of contact for concerning an application by Citicorp.

pf New York New York to engaga in data to those automatic data processing lem nt tio e ing

. processing and data transmission support systems which contam relevant emergency preparedness data.

Committee' activities. Citicorp proposes to engage in these activities world. wide. Comments At NFC. this includes Document B. ne SteeringCommittee will on this application mustbe received at Management System support to the establish the day.to-day procedures for the FederalReserve Bank of New York, extent that it does not affect duplication assuring that the arrangements of this not later than May 2,1985.

or records retention. At FEMA. this MOU are carried out.

Includes technical support to the Board of Govemors of the Federa1 Reserve Radiological Emergency Prepared 5ess VI. Memoranc'um of Understanding System. April 15.1905.

. Management information System. This A.This MOU ehall be effective as of I'*" M8

agreement is not intended to include the date of signature and shallcontinuein A"#"u seen tary @ soani.

automated information retrieval suppet effect unless termir.ated by eitherparty (8 Doc.8m7 Filed W-ems aml f.

for the nationallevel emergency upon 30 days notice in writing.

s m ocooeer m

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F Ongo n Research and O A* *"O*'"t* * ""O'"'i""* '*

T Development Progmms. Ongoing NRC this MOU may be made upon written Appilcations To Engage de Novoin

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and FEMA research and development agreement by both partres.

Perm!seltdo Nonbanking ActMtles; the pregrams that are related to State and Appmved for the U.S. Nuclear Regulatory Marine Corp., et al local radiological emergency planning Commission.

nts am?

and preparedness veill be coordinated.

Dated: Apri13. t'985.

c g an sie e

i have filed an application under NRC and FEMA will each provide 885 - i"k8-l 225.23(a)(1) of the Board's Regulation opportunity for the other agency to l

review and comment on relevant Lecuuve Ne&Mpemdons.

Y (12 CFR 225.23(a)(1)) for the Board's. _

research and developenent programs Approved for the Federal Emeq;ency approval under section 4(c)(B} of the prior to implementing them.

Management Agency.

Bank Holding Company Act (12 U.S.C.

G. PublicInformation and Education Deted: April a 1985.

'1843(c)(8)) and 5 225.Z1(a)of Regulation Programs. DEMA will take the lead in Samuel W. Speck.

Y (12 CFR 225.24a)) to camnence w to developing public information and engage knava,eitherelirectly or edocation programs. NRC will assist Associate Director. State andlocalPmgrams through a subsidiary, m a nonbanking ands et FEMA by reviewing for accuracy educational mateds conceming (rR D c. 85-8308 Fifed 4-17-45,8A5 am)-

Regulatian Y as closely related to radiation and its haz ds and _

suma coos sim banking and permissible fer bank information regarding appropriate holding companies. Unlese otiierwise actions to be takert by the gmeral public noted, such activities will be conducted in the event of an accident involving FEDERAL HOME t.OAN BANK BOARD throughout the United States.

radioactive materials.

Each applications available for g

IV. NRc/faf.4 Steering Committee Stat.e Savmgs and Loan Association; immediate inspection at the Federal Salt Lake C2ty, tRf AppolrWrnent of Reserve Bank indicated. Once the 4

The NRC/FD.tA Steering Committee Recadver application has been accepted for P

on Emergency Preparedness will processing, it will also be avaitable for 1

continue to be the focal point for Notice is hereby given that pursuant.

inspection at the offices of the Board of coordinatam of emergency plannmg, to the authority contaimd in section Governors Interestedpersonsmay preparedness, and response activities 400(c)(1)(B)(i}{1} ci the National Housing express their views in writing on the between the two agencies.The Steering Act,12 U.S C.1729(c}{1)(B)(i)(I)(1982).

question whether consummation of the_

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Committee will consist of an equal the Federal Home Loan Bank Board duly proposal can ' reasonably be expected number of members to represent each appointed the Fedecal Savings and loan to produce benefits to the pobiic, such j

agency with one vote per agency.When lasurance Corporation as sole recerver as giester convenienw. Increased l

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the Steering Conumna cannot agree on for State Savings and Loan Association, competition, or gains in efficicney, that I

the resolution of an issus. the issue will Salt Lake City. Utah, on April 12.1985.

outweigh possible adverse effects, anch

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.