Memorandum of Understanding Between the U.S. Nuclear Regulatory Commission and the Florida Department of Health, 10336-10338 [2019-05229]

Agencies

• NUCLEAR REGULATORY COMMISSION

[Federal Register Volume 84, Number 54 (Wednesday, March 20, 2019)]
[Notices]
[Pages 10336-10338]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-05229]


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NUCLEAR REGULATORY COMMISSION

[NRC-2019-0068]


Memorandum of Understanding Between the U.S. Nuclear Regulatory 
Commission and the Florida Department of Health

AGENCY: Nuclear Regulatory Commission.

ACTION: Memorandum of understanding; issuance.

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SUMMARY: This notice is to advise the public of the issuance of a 
Memorandum of Understanding (MOU) between the U.S. Nuclear Regulatory 
Commission (NRC) and the Florida Department of Health (FDOH), an agency 
of the State of Florida. The MOU provides the basis for mutually 
agreeable procedures whereby the Florida Department of Health may 
utilize the NRC Emergency Response Data System (ERDS) to receive data 
from a commercial nuclear power plant, for which any part of the 
plant's 10-mile Emergency Planning Zone lies within the State of 
Florida.

DATES: The final MOU is available on March 20, 2019.

ADDRESSES: Please refer to Docket ID NRC-2019-0068 when contacting the 
NRC about the availability of information regarding this document. You 
may obtain publicly-available information related to this document 
using any of the following methods:
     Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2019-0068. Address 
questions about NRC dockets IDs in Regulations.gov to Jennifer Borges; 
telephone: 301-287-9127; email: Jennifer.Borges@nrc.gov. For technical 
questions, contact the individual listed in the FOR FURTHER INFORMATION 
CONTACT section of this document.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly available documents online in the 
ADAMS Public Document collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``Begin Web-based ADAMS 
Search.'' For problems with ADAMS, contact the NRC's Public Document 
Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or by email 
to pdr.resource@nrc.gov. The Memorandum of Understanding is available 
under ADAMS Accession No. ML18073A354.
     NRC's PDR: You may examine and purchase copies of public 
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 
Rockville Pike, Rockville, Maryland 20852.

FOR FURTHER INFORMATION CONTACT: Bezakulu Alemu, U.S. Nuclear 
Regulatory Commission, Washington DC 20555-0001; telephone: 301-287-
3731, email: Bezakulu.Alemu@nrc.gov.

SUPPLEMENTARY INFORMATION: The MOU defines the way in which the NRC and 
FDOH intend to cooperate in planning and maintaining the capability to 
transfer reactor plant data via ERDS. The ERDS data will be transmitted 
to the State of Florida only during emergencies classified at the Alert 
level or above, during scheduled tests, or during plant exercises when 
the data is available.
    The NRC and the FDOH are entering into the MOU under the authority 
of Section 274i of the Atomic Energy Act of 1954, as amended. The State 
of

[[Page 10337]]

Florida 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 under the Atomic Energy 
Act of 1954, as amended, except for certain authority over air 
emissions granted to States by the Clean Air Act. Nothing in the MOU is 
intended to restrict or expand the scope of regulatory authority of 
either the NRC or the State of Florida.

    Dated at Rockville, Maryland this 15th day of March 2019.

    For the U.S. Nuclear Regulatory Commission.
Silas R. Kennedy,
Chief, Operations Branch, Division of Preparedness and Response, Office 
of Nuclear Security and Incident Response.

Attachment--Memorandum of Understanding Pertaining to the Emergency 
Response Data System Between the U.S. Nuclear Regulatory Commission and 
the Florida Department of Health

Memorandum of Understanding Pertaining to the Emergency Response Data 
System Between the U.S. Nuclear Regulatory Commission and the Florida 
Department of Health

I. Authority

    The U.S. Nuclear Regulatory Commission (NRC) and the Florida 
Department of Health (FDOH), an agency of the State of Florida, 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 
Florida 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 under the Atomic Energy 
Act of 1954, as amended, 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 Florida.
    In the State of Florida, FDOH, through its Bureau of Radiation 
Control (BRC), is the State radiation control agency and implements the 
program regulating sources of radiation, not otherwise regulated by the 
NRC, for the protection of public health and safety. The Florida 
Division of Emergency Management (FDEM) administers emergency services 
and disaster preparedness programs in the State of Florida.

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 and security.
    B. The NRC's 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 Federal Register 7530, February 25, 1992). 
The policy statement provides that the NRC will consider State 
proposals to enter into instruments of cooperation for certain programs 
when these programs have provisions to ensure close cooperation with 
the NRC. This MOU is intended to be consistent with, and implement the 
provisions of, the NRC's policy statement.
    C. The NRC fulfills its statutory mandate to regulate nuclear power 
plant safety by, among other things, monitoring the status of power 
reactor facilities and assessing the adequacy of licensees' responses 
to emergency situations.
    D. The State of Florida fulfills, through FDOH, 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 sections 252.60 and 404.051, Florida Statutes.

III. Scope

    A. This MOU defines the way in which the NRC and FDOH 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 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 Florida.
    B. It is understood by the NRC and FDOH that ERDS data will only be 
transmitted to the State of Florida 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 Florida, FDOH, or FDEM, 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 Florida, FDOH, or FDEM, on matters not within 
the scope of this MOU.
    D. Nothing in this MOU confers upon the State of Florida, FDOH, or 
FDEM, 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 Florida up to 10 digital certificates for use by 
designated personnel within the BRC in accessing ERDS data during 
emergencies at nuclear power plants that have implemented an ERDS 
interface, and for which any portion of a plant's 10-mile EPZ lies 
within the State of Florida. The NRC reserves the right to revoke 
digital certificates at any time.

V. FDOH General Responsibilities

    A. FDOH, through its BRC, will, in cooperation with the NRC, 
establish a capability to receive ERDS data. To this end, FDOH will 
provide the necessary computer hardware and commercially licensed 
software required for ERDS data transfer to users.
    B. FDOH will provide the NRC with an initial, and periodically 
updated, list of designated persons serving as holders of ERDS digital 
certificates.
    C. FDOH 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 the boundaries of the State of Florida.
    D. For the purpose of minimizing the impact on plant operators, the 
State of

[[Page 10338]]

Florida will seek clarification of ERDS data through the NRC.

VI. Implementation

    A. FDOH and the NRC agree to work in concert to assure that the 
following communications and information exchange protocol regarding 
ERDS are followed:
    a. FDOH and the NRC agree in good faith to make available to each 
other information within the intent and scope of this MOU.
    b. The NRC and FDOH agree to meet as necessary to exchange 
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. The 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, Section 2.390, and all other 
applicable authority. FDOH and its BRC will protect sensitive 
information to the extent permitted by Chapter 119, Florida Statutes, 
and all other applicable authority.
    d. The NRC will conduct periodic tests of licensee ERDS data links. 
The NRC will provide a copy of the test schedule to the FDOH through 
its BRC. The BRC 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. The NRC will provide FDOH with access to ERDS for emergency 
exercises at nuclear power plants that have implemented an ERDS 
interface, for which any portion of a plant's 10-mile EPZ lies within 
the State of Florida, and that are capable of transmitting exercise 
data to ERDS. For exercises in which the NRC is not participating, the 
FDOH, through its BRC, will coordinate with the NRC in advance to 
ensure ERDS availability. The 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 (DPR), Office of 
Nuclear Security and Incident Response (NSIR) for the NRC, and the 
Chief, Bureau of Radiation Control, for FDOH. 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 the NRC and FDOH staff members, in particular 
those within the BRC, on technical and other day-to-day activities.

VIII. Resolution of Disagreements

    A. If disagreements arise about matters within the scope of this 
MOU, the NRC and FDOH will work together in good faith to resolve these 
differences.
    B. Differences between FDOH and the 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's DPR, NSIR.
    C. Differences which cannot be resolved in accordance with Sections 
VIII.A and VIII.B will be reviewed and resolved by the Director of 
NRC's NSIR.
    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, 
and will remain in effect until terminated by either party.

X. Duration

    A formal review, not less than 1 year after the effective date, 
will be performed by FDOH to evaluate implementation of the MOU. This 
MOU will be subject to periodic reviews every 3 years 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: November 2, 2018.

Margaret M. Doane,

Executive Director for Operations.

    For the State of Florida, Florida Department of Health.

    Dated: November 14, 2018.

Douglas Woodlief,

Interim Division Director, Division of Emergency Preparedness & 
Community Support.

[FR Doc. 2019-05229 Filed 3-19-19; 8:45 am]
 BILLING CODE 7590-01-P