Final Memorandum of Understanding Between the U.S. Nuclear Regulatory Commission and the State of Texas, 6430-6432 [E9-2617]
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Federal Register / Vol. 74, No. 25 / Monday, February 9, 2009 / Notices
TABLE 1—CROSS–REFERENCE BETWEEN PEACH BOTTOM FIRE PROTECTION PROGRAM, REVISION 3, TABLE A–4 AND
OPERATOR MANUAL ACTIONS—Continued
Operator
manual
action
number
Table
A–4
cross
reference
24 ............
MO3–10–
25A.
25 ............
MO3–10–
25B.
Fire affected
component
information
Initiating
fire area
(FA)
Loss of power (due to
fire damage in the
initiating fire area)
to MO–3–10–25A
RHR Loop A Inboard Discharge
Valve (located in
Rm 248, FA 13S).
13N ........
Purpose
Manually operate
MO–3–10–025A if
electrical operating
capability is lost due
to fire damage.
Manually operate
MO–3–10–025B if
electrical operating
capability is lost due
to fire damage.
Loss of power (due to
fire damage in the
initiating fire area)
to MO–3–10–025B,
RHR Loop B Inboard Discharge
Valve (located in
Rm 249, FA 13N).
13S ........
Action
locations
Actions
1. Open breaker 52–
25A02 at
N310025A, LPCI
Swing Bus A.
1. U3 Reactor Bldg,
Rm 257, FA 13S.
2. Manually open
valve MO–3–10–
025A.
1. Open breaker 52–
25B02 at N310025B
LPCI Swing Bus B.
Notes
2. U3 Reactor Bldg,
Rm 248, FA 13S.
1 and 2. U3 Reactor
Bldg, Rm 250, FA
13N.
2. Open MO–3–10–
025B from MCC
Contactor.
Table Notes:
Note 1: Fire Area 57 was originally part of Fire Area 2 and was subsequently made a separate Fire Area.
Note 2: This action has been slightly modified from that described in the original submittal to make the action simpler to perform, but the action
location, timing and outcome are the same. The original action was to reach inside the logic cabinet and physically manipulate a relay. A plug–in
switch was fabricated so the operator would not have to handle an energized relay. The outcome is the same (the relay is actuated).
Note 3: Fire Area 58 was originally part of Fire Area 2 and was subsequently made a separate Fire Area.
Note 4: When the station procedures were developed, an initial step of verification of the breaker position (closed) of the alternate power
source was added. Appendix R permits the assumption that equipment that is not fire affected will be in its expected position. So verification of
this breaker position is not required for Appendix R compliance. Operations determined that they wanted to add a step to verify the position of
the breaker as a precaution. This extra step was added to this Table since the action is performed in a different fire area than the steps associated with operating the switch. It is important to show that all actions taken by the operators are not in the same fire area where the fire is postulated.
Note 5: Fire Area 2 was omitted from the table in Revision 4. Fire Area 2 is listed in the revision 0, 1 and 2 tables. Fire Area 2 (which subsequently was split into Fire Area 2, 57 and 58) fire guide has always contained the attachment to transfer 125 VDC battery charger 2DD003 from
the normal to the backup source.
Note 6: Fire Area 4 no longer credits use of this manual action.
Note 7: The action to manually open MO–2486 and MO–3486 (physically open the valve at the valve itself) is performed in the same fire area
as the initiating fire area. There is 150 minutes (2.5 hours) between the start of the event and when the valve is to be opened. A fire in the
Cardox Room will be extinguished and the smoke vented from the area long before the action needs to be performed. The operators will not
have any delay or need Self Contained Breathing Apparatus to perform this action.
General Note: Table A–4 Revision 4 was a summary of information that was in the Peach Bottom Cable/Raceway analysis. This program deleted a ‘‘zero’’ that padded many component numbers, and some hyphens. The component number provided in the above table uses the correct
nomenclature that is also used in the post–fire shutdown fire guides, safe shutdown calculations and plant labels.
power plant whose 10-mile Emergency
Planning Zone lies within the State of
Texas.
NUCLEAR REGULATORY
COMMISSION
Response, Office of Nuclear Security
and Incident Response, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555. Telephone: (301) 415–6411;
fax number: (301) 415–6382; e-mail:
Robert.Stransky@nrc.gov.
[NRC–2009–0049]
SUPPLEMENTARY INFORMATION:
This MOU is effective January 23,
2009.
I. Introduction
III. Further Information
This notice is to advise the public of
the issuance of a Final Memorandum of
Understanding (MOU) between the U.S.
Nuclear Regulatory Commission (NRC)
and the State of Texas. The MOU
provides the basis for mutually
agreeable procedures whereby the State
of Texas may utilize the NRC
Emergency Response Data System
(ERDS) to receive data during an
emergency at a commercial nuclear
Documents related to this action,
including the application for
amendment and supporting
documentation, are available
electronically at the NRC’s Electronic
Reading Room at https://www.nrc.gov/
reading-rm/adams.html. From this site,
you can access the NRC’s Agencywide
Document Access and Management
System (ADAMS), which provides text
and image files of NRC’s public
[FR Doc. E9–2615 Filed 2–6–09; 8:45 am]
BILLING CODE 7590–01–P
sroberts on PROD1PC70 with NOTICES
Final Memorandum of Understanding
Between the U.S. Nuclear Regulatory
Commission and the State of Texas
AGENCY: Nuclear Regulatory
Commission.
ACTION: Notice.
FOR FURTHER INFORMATION CONTACT:
Robert Stransky, Senior Emergency
Response Coordinator, Operations
Branch, Division of Preparedness and
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II. Effective Date
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Federal Register / Vol. 74, No. 25 / Monday, February 9, 2009 / Notices
documents. The ADAMS accession
number for the document related to this
notice is: Memorandum of
Understanding Between the NRC and
the State of Texas ML 090230637. If you
do not have access to ADAMS or if there
are problems in accessing the
documents located in ADAMS, contact
the NRC Public Document Room (PDR)
Reference staff at 1–800–397–4209, 301–
415–4737 or by e-mail to pdr@nrc.gov.
These documents may also be viewed
electronically on the public computers
located at the NRC’s Public Document
Room (PDR), O 1 F21, One White Flint
North, 11555 Rockville Pike, Rockville,
MD 20852. The PDR reproduction
contractor will copy documents for a
fee.
Dated at Rockville, Maryland this 2nd day
of February 2009.
For the Nuclear Regulatory Commission.
William A. Gott,
Chief, Operations Branch, Division of
Preparedness and Response, Office of Nuclear
Security and Incident Response.
Memorandum of Understanding
Pertaining To the Emergency Response
Data System Between The U.S. Nuclear
Regulatory Commission And The State
of Texas
I. Authority
The U.S. Nuclear Regulatory
Commission (NRC) and the State of
Texas enter into this Memorandum of
Understanding (MOU) under the
authority of Section 274i of the Atomic
Energy Act of 1954, as amended.
The State of Texas 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. Nothing in
this MOU is intended to restrict or
expand the scope of regulatory authority
of either the NRC or the State of Texas.
sroberts on PROD1PC70 with NOTICES
II. Background
A. The Atomic Energy Act of 1954, as
amended, and the Energy
Reorganization Act of 1974, as
amended, authorize the 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
agency responsible for regulating
nuclear power plant safety.
VerDate Nov<24>2008
16:35 Feb 06, 2009
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B. NRC believes that its mission to
protect 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 25, 1992). 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 MOU 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 facilities and
monitoring the status and adequacy of
licensees’ responses to emergency
situations.
D. The State of Texas fulfills its
statutory mandate to provide for
preparedness, response, mitigation, and
recovery in the event of an accident at
a nuclear power plant through its
statutes located in Chapter 418, Texas
Disaster Act of 1975, Texas Government
Code.
III. Scope
A. This MOU defines the way in
which NRC and the State of Texas
intend to cooperate in planning and
maintaining the capability to transfer
reactor plant data via the Emergency
Response Data System (ERDS) during
emergencies at commercial nuclear
power plants in the State of Texas that
have implemented an ERDS interface,
and for which any portion of the plant’s
10-mile Emergency Planning Zone (EPZ)
lies within the State of Texas.
B. It is understood by the NRC and the
State of Texas that ERDS data will only
be transmitted to the State of Texas
during emergencies classified at the
Alert Level or above, during scheduled
tests, or during exercises when
available.
C. Nothing in this MOU is intended
to restrict or expand the statutory
authority of the NRC, the State of Texas,
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 MOU intended to
restrict or expand the authority of the
State of Texas on matters not within the
scope of this MOU.
D. Nothing in this MOU confers upon
the State of Texas the authority to (1)
interpret or modify NRC regulations and
NRC requirements imposed on the
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6431
licensee; (2) take enforcement actions;
(3) issue confirmatory letters; (4) amend,
modify, or revoke a license issued by
the NRC; or (5) direct or recommend
nuclear power plant employees to take,
or not take, any action. Authority for all
such actions is reserved exclusively to
the NRC.
E. This MOU does not confer any
binding obligation or right of action on
either party. This MOU does not
obligate any funds and is subject to the
availability of appropriated funds.
IV. NRC’s General Responsibilities
Under this MOU, the NRC will
maintain 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 the
State of Texas, up to 10 digital
certificates for use by State designated
personnel in accessing ERDS data
during emergencies at nuclear power
plants which have implemented an
ERDS interface, and for which any
portion of the plant’s 10-mile EPZ lies
within the of State of Texas. The NRC
reserves the right to revoke digital
certificates at any time.
V. State of Texas’ General
Responsibilities
A. The State of Texas, through its lead
radiological agency, will, in cooperation
with the NRC, establish a capability to
receive ERDS data. To this end, the
State of Texas will provide the
necessary computer hardware and
commercially licensed software
required for ERDS data transfer to users.
B. The State of Texas will provide the
NRC with an initial, and periodically
updated, list of designated persons
serving as holders of ERDS digital
certificates.
C. The State of Texas will use ERDS
only to access data, at the Alert level or
higher, from nuclear power plants for
which all or a portion of the 10-mile
EPZ falls within its State boundary.
D. For the purpose of minimizing the
impact on plant operators, the State of
Texas will seek clarification of ERDS
data through the NRC.
VI. Implementation
A. The State of Texas and the NRC
agree to work in concert to assure that
the following communications and
information exchange protocol
regarding ERDS are followed:
a. The State of Texas and the NRC
agree in good faith to make available to
each other information within the intent
and scope of this MOU.
b. NRC and the State of Texas agree
to meet as necessary to exchange
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Federal Register / Vol. 74, No. 25 / Monday, February 9, 2009 / Notices
information on matters of common
concern pertinent to this MOU. Unless
otherwise agreed, such meetings will be
held in the NRC Headquarters
Operations Center. The affected utilities
will be kept informed of pertinent
information covered by this MOU.
c. To preclude the premature release
of sensitive information, NRC will
protect sensitive information to the
extent permitted by the Freedom of
Information Act, 5 U.S.C. 552, Title 10
of the Code of Federal Regulations, Part
2.790, and all other applicable
authority. The State of Texas will
protect sensitive information to the
extent of the Texas Government Code,
Chapter 552, Public Information.
d. NRC will conduct periodic tests of
licensee ERDS data links. A copy of the
test schedule will be provided to the
Texas Department of State Health
Services by the NRC. The Texas
Department of State Health Services
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 exercises in which the
NRC is not participating, the Texas
Department of State Health Services will
coordinate with the 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.
sroberts on PROD1PC70 with NOTICES
VII. Contacts
A. The principal senior management
contacts for this MOU will be the
Director, Division of Preparedness and
Response, Office of Nuclear Security
and Incident Response for the NRC, and
the Director, Client Services Contracting
Unit, Texas Department of State Health
Services, for the State of Texas. These
individuals may designate appropriate
staff representatives for the purpose of
administering this MOU.
B. Identification of these contacts is
not intended to restrict communication
between NRC and Texas Department of
State Health Services staff members on
technical and other day-to-day
activities.
VIII. Resolution of Disagreements
A. If disagreements arise about
matters within the scope of this MOU,
NRC and the State of Texas will work
together to resolve these differences.
B. Differences between the State of
Texas and NRC staff over issues arising
out of this MOU will, if they cannot be
resolved in accordance with Section
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16:35 Feb 06, 2009
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VIII.A, be resolved by the Director of the
NRC Division of Preparedness and
Response, Office of Nuclear Security
and Incident Response.
C. Differences which cannot be
resolved in accordance with Sections
VIII.A and VIII.B will be reviewed and
resolved by the NRC’s Director, Office of
Nuclear Security and Incident
Response.
D. The NRC’s General Counsel has the
final authority to provide legal
interpretation of the Commission’s
regulations.
IX. Effective Date
This MOU will take effect after it has
been signed by both parties.
X. Duration
A formal review, not less than 1 year
after the effective date, will be
performed by the NRC to evaluate
implementation of the MOU and resolve
any problems identified. This MOU 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. Separability
If any provision(s) of this MOU, or the
application of any provision(s) to any
person or circumstances is held invalid,
the remainder of this MOU and the
application of such provisions to other
persons or circumstances will not be
affected.
For the U.S. Nuclear Regulatory
Commission.
Dated: January 23, 2009.
R. William Borchardt,
Executive Director for Operations, U.S.
Nuclear Regulatory Commission.
For the State of Texas.
Dated: January 6, 2009.
Bob Burnette,
Director, Client Services Contracting Unit,
Department of State Health Services.
[FR Doc. E9–2617 Filed 2–6–09; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
Advisory Committee on Reactor
Safeguards (ACRS) Meeting of the
Subcommittee on Digital
Instrumentation and Control Systems;
Notice of Meeting
The ACRS Subcommittee on Digital
Instrumentation and Control Systems
will hold a meeting on February 26–27,
2009, in Room T–2B3, Two White Flint
North, 11545 Rockville Pike, Rockville,
Maryland.
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A portion of this meeting may be
closed to discuss and protect
information classified as National
Security Information as well as
Safeguards Information pursuant to 5
U.S.C. 552b(c)(1) and (3).
The agenda for the subject meeting
shall be as follows:
Thursday, February 26, 2009—8:30
a.m., Until the Conclusion of Business;
Friday, February 27, 2009—8:30 a.m.,
Until the Conclusion of Business
The Subcommittee will review Draft
ISG–5 ‘‘Highly-Integrated Control
Rooms—Human Factors Issues’’ on
manual operator actions, Draft ISG–6
‘‘Licensing Process’’ and Draft RG 5.71
‘‘Cyber Security Programs for Nuclear
Facilities.’’ In addition, the
Subcommittee will discuss Draft
NUREG/CR–xxxx, ‘‘Diversity Strategies
for Nuclear Power Plant Instrumentation
and Control Systems,’’ and operating
experience insights on Common-Cause
Failures and Benefits and Risks
Associated with expanding Automated
Diverse Actuation System Functions,
and other related matters. The
Subcommittee will hear presentations
by and hold discussions with
representatives of the NRC staff, Nuclear
Energy Institute, and other interested
persons regarding this matter. The
Subcommittee will gather information,
analyze relevant issues and facts, and
formulate proposed positions and
actions, as appropriate, for deliberation
by the full Committee.
Members of the public desiring to
provide oral statements and/or written
comments should notify the Designated
Federal Official, Ms. Christina
Antonescu (telephone 301/415–6792)
five days prior to the meeting, if
possible, so that appropriate
arrangements can be made. Electronic
recordings will be permitted. Detail
procedures for the conduct of and
participation in ACRS meetings were
published in the Federal Register on
October 6, 2008, (73 FR 58268–58269)
Further information regarding this
meeting can be obtained by contacting
the Designated Federal Official between
7:15 a.m. and 5 p.m. (ET). Persons
planning to attend this meeting are
urged to contact the above named
individual at least two working days
prior to the meeting to be advised of any
potential changes to the agenda.
Dated: February 3, 2009.
Antonio Dias,
Chief, Reactor Safety Branch B, Advisory
Committee on Reactor Safeguards.
[FR Doc. E9–2622 Filed 2–6–09; 8:45 am]
BILLING CODE 7590–01–P
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]]>Agencies
[Federal Register Volume 74, Number 25 (Monday, February 9, 2009)]
[Notices]
[Pages 6430-6432]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-2617]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[NRC-2009-0049]
Final Memorandum of Understanding Between the U.S. Nuclear
Regulatory Commission and the State of Texas
AGENCY: Nuclear Regulatory Commission.
ACTION: Notice.
-----------------------------------------------------------------------
FOR FURTHER INFORMATION CONTACT: Robert Stransky, Senior Emergency
Response Coordinator, Operations Branch, Division of Preparedness and
Response, Office of Nuclear Security and Incident Response, U.S.
Nuclear Regulatory Commission, Washington, DC 20555. Telephone: (301)
415-6411; fax number: (301) 415-6382; e-mail: Robert.Stransky@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
This notice is to advise the public of the issuance of a Final
Memorandum of Understanding (MOU) between the U.S. Nuclear Regulatory
Commission (NRC) and the State of Texas. The MOU provides the basis for
mutually agreeable procedures whereby the State of Texas may utilize
the NRC Emergency Response Data System (ERDS) to receive data during an
emergency at a commercial nuclear power plant whose 10-mile Emergency
Planning Zone lies within the State of Texas.
II. Effective Date
This MOU is effective January 23, 2009.
III. Further Information
Documents related to this action, including the application for
amendment and supporting documentation, are available electronically at
the NRC's Electronic Reading Room at https://www.nrc.gov/reading-rm/
adams.html. From this site, you can access the NRC's Agencywide
Document Access and Management System (ADAMS), which provides text and
image files of NRC's public
[[Page 6431]]
documents. The ADAMS accession number for the document related to this
notice is: Memorandum of Understanding Between the NRC and the State of
Texas ML 090230637. If you do not have access to ADAMS or if there are
problems in accessing the documents located in ADAMS, contact the NRC
Public Document Room (PDR) Reference staff at 1-800-397-4209, 301-415-
4737 or by e-mail to pdr@nrc.gov.
These documents may also be viewed electronically on the public
computers located at the NRC's Public Document Room (PDR), O 1 F21, One
White Flint North, 11555 Rockville Pike, Rockville, MD 20852. The PDR
reproduction contractor will copy documents for a fee.
Dated at Rockville, Maryland this 2nd day of February 2009.
For the Nuclear Regulatory Commission.
William A. Gott,
Chief, Operations Branch, Division of Preparedness and Response,
Office of Nuclear Security and Incident Response.
Memorandum of Understanding Pertaining To the Emergency Response Data
System Between The U.S. Nuclear Regulatory Commission And The State of
Texas
I. Authority
The U.S. Nuclear Regulatory Commission (NRC) and the State of Texas
enter into this Memorandum of Understanding (MOU) under the authority
of Section 274i of the Atomic Energy Act of 1954, as amended.
The State of Texas 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. Nothing in this MOU is intended to restrict or expand the scope of
regulatory authority of either the NRC or the State of Texas.
II. Background
A. The Atomic Energy Act of 1954, as amended, and the Energy
Reorganization Act of 1974, as amended, authorize the 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 agency responsible for
regulating nuclear power plant safety.
B. NRC believes that its mission to protect 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 25, 1992). 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 MOU 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 facilities and monitoring the status and adequacy of
licensees' responses to emergency situations.
D. The State of Texas fulfills its statutory mandate to provide for
preparedness, response, mitigation, and recovery in the event of an
accident at a nuclear power plant through its statutes located in
Chapter 418, Texas Disaster Act of 1975, Texas Government Code.
III. Scope
A. This MOU defines the way in which NRC and the State of Texas
intend to cooperate in planning and maintaining the capability to
transfer reactor plant data via the Emergency Response Data System
(ERDS) during emergencies at commercial nuclear power plants in the
State of Texas that have implemented an ERDS interface, and for which
any portion of the plant's 10-mile Emergency Planning Zone (EPZ) lies
within the State of Texas.
B. It is understood by the NRC and the State of Texas that ERDS
data will only be transmitted to the State of Texas during emergencies
classified at the Alert Level or above, during scheduled tests, or
during exercises when available.
C. Nothing in this MOU is intended to restrict or expand the
statutory authority of the NRC, the State of Texas, 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 MOU intended to restrict or expand the
authority of the State of Texas on matters not within the scope of this
MOU.
D. Nothing in this MOU confers upon the State of Texas the
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 the NRC; or (5) direct or recommend nuclear power plant
employees to take, or not take, any action. Authority for all such
actions is reserved exclusively to the NRC.
E. This MOU does not confer any binding obligation or right of
action on either party. This MOU does not obligate any funds and is
subject to the availability of appropriated funds.
IV. NRC's General Responsibilities
Under this MOU, the NRC will maintain 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 the State of Texas, up to 10 digital certificates for use by
State designated personnel in accessing ERDS data during emergencies at
nuclear power plants which have implemented an ERDS interface, and for
which any portion of the plant's 10-mile EPZ lies within the of State
of Texas. The NRC reserves the right to revoke digital certificates at
any time.
V. State of Texas' General Responsibilities
A. The State of Texas, through its lead radiological agency, will,
in cooperation with the NRC, establish a capability to receive ERDS
data. To this end, the State of Texas will provide the necessary
computer hardware and commercially licensed software required for ERDS
data transfer to users.
B. The State of Texas will provide the NRC with an initial, and
periodically updated, list of designated persons serving as holders of
ERDS digital certificates.
C. The State of Texas will use ERDS only to access data, at the
Alert level or higher, from nuclear power plants for which all or a
portion of the 10-mile EPZ falls within its State boundary.
D. For the purpose of minimizing the impact on plant operators, the
State of Texas will seek clarification of ERDS data through the NRC.
VI. Implementation
A. The State of Texas and the NRC agree to work in concert to
assure that the following communications and information exchange
protocol regarding ERDS are followed:
a. The State of Texas and the NRC agree in good faith to make
available to each other information within the intent and scope of this
MOU.
b. NRC and the State of Texas agree to meet as necessary to
exchange
[[Page 6432]]
information on matters of common concern pertinent to this MOU. Unless
otherwise agreed, such meetings will be held in the NRC Headquarters
Operations Center. The affected utilities will be kept informed of
pertinent information covered by this MOU.
c. To preclude the premature release of sensitive information, NRC
will protect sensitive information to the extent permitted by the
Freedom of Information Act, 5 U.S.C. 552, Title 10 of the Code of
Federal Regulations, Part 2.790, and all other applicable authority.
The State of Texas will protect sensitive information to the extent of
the Texas Government Code, Chapter 552, Public Information.
d. NRC will conduct periodic tests of licensee ERDS data links. A
copy of the test schedule will be provided to the Texas Department of
State Health Services by the NRC. The Texas Department of State Health
Services 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
exercises in which the NRC is not participating, the Texas Department
of State Health Services will coordinate with the 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.
VII. Contacts
A. The principal senior management contacts for this MOU will be
the Director, Division of Preparedness and Response, Office of Nuclear
Security and Incident Response for the NRC, and the Director, Client
Services Contracting Unit, Texas Department of State Health Services,
for the State of Texas. These individuals may designate appropriate
staff representatives for the purpose of administering this MOU.
B. Identification of these contacts is not intended to restrict
communication between NRC and Texas Department of State Health Services
staff members on technical and other day-to-day activities.
VIII. Resolution of Disagreements
A. If disagreements arise about matters within the scope of this
MOU, NRC and the State of Texas will work together to resolve these
differences.
B. Differences between the State of Texas and NRC staff over issues
arising out of this MOU will, if they cannot be resolved in accordance
with Section VIII.A, be resolved by the Director of the NRC Division of
Preparedness and Response, Office of Nuclear Security and Incident
Response.
C. Differences which cannot be resolved in accordance with Sections
VIII.A and VIII.B will be reviewed and resolved by the NRC's Director,
Office of Nuclear Security and Incident Response.
D. The NRC's General Counsel has the final authority to provide
legal interpretation of the Commission's regulations.
IX. Effective Date
This MOU will take effect after it has been signed by both parties.
X. Duration
A formal review, not less than 1 year after the effective date,
will be performed by the NRC to evaluate implementation of the MOU and
resolve any problems identified. This MOU 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. Separability
If any provision(s) of this MOU, or the application of any
provision(s) to any person or circumstances is held invalid, the
remainder of this MOU and the application of such provisions to other
persons or circumstances will not be affected.
For the U.S. Nuclear Regulatory Commission.
Dated: January 23, 2009.
R. William Borchardt,
Executive Director for Operations, U.S. Nuclear Regulatory
Commission.
For the State of Texas.
Dated: January 6, 2009.
Bob Burnette,
Director, Client Services Contracting Unit, Department of State
Health Services.
[FR Doc. E9-2617 Filed 2-6-09; 8:45 am]
BILLING CODE 7590-01-P
