Memorandum of Understanding Between the U.S. Nuclear Regulatory Commission and the Mississippi State Department of Health, 10338-10340 [2019-05230]

Agencies

• NUCLEAR REGULATORY COMMISSION

[Federal Register Volume 84, Number 54 (Wednesday, March 20, 2019)]
[Notices]
[Pages 10338-10340]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-05230]


-----------------------------------------------------------------------

NUCLEAR REGULATORY COMMISSION

[NRC-2019-0069]


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

AGENCY: Nuclear Regulatory Commission.

ACTION: Memorandum of understanding; issuance.

-----------------------------------------------------------------------

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 Mississippi State Department of Health (MSDH), 
an agency of the State of Mississippi. The MOU provides the basis for 
mutually agreeable procedures whereby the Mississippi State 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 
Mississippi.

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

ADDRESSES: Please refer to Docket ID NRC-2019-0069 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-2019-0069. 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. ML17334A203.
     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.

[[Page 10339]]


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 
MSDH 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 Mississippi 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 MSDH are entering into the MOU under the authority 
of Section 274i of the Atomic Energy Act of 1954, as amended. The State 
of Mississippi 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 Mississippi.

    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 Mississippi State Health Department

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

I. Authority

    The U.S. Nuclear Regulatory Commission (NRC) and the Mississippi 
State Department of Health (MSDH), an agency of the State of 
Mississippi, 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 Mississippi 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 Mississippi.
    In the State of Mississippi, MSDH, through its Division of 
Radiological Health (DRH), 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 Mississippi Emergency Management Agency (MEMA) administers 
emergency services and disaster preparedness programs in the State of 
Mississippi.

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 Mississippi fulfills, through MEMA, 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 Mississippi Code Ann. Sec.  33-15 (1972).

III. Scope

    A. This MOU defines the way in which the NRC and MSDH 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 Mississippi.
    B. It is understood by the NRC and MSDH that ERDS data will only be 
transmitted to the State of Mississippi 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 Mississippi, MSDH, or 
MEMA, 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 Mississippi, MSDH, or MEMA, on 
matters not within the scope of this MOU.
    D. Nothing in this MOU confers upon the State of Mississippi, MSDH, 
or MEMA, 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 Mississippi up to 10 digital certificates for use 
by designated personnel within the MSDH and MEMA 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

[[Page 10340]]

State of Mississippi. The NRC reserves the right to revoke digital 
certificates at any time.

V. MSDH General Responsibilities

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

VI. Implementation

    A. MSDH and the NRC agree to work in concert to assure that the 
following communications and information exchange protocol regarding 
ERDS are followed:
    a. MSDH 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 MSDH 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. MSDH and its DRH will protect sensitive 
information to the extent permitted by the Mississippi Freedom of 
Information Act Mississippi Code Ann. Sec.  25-61, 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 MSDH through 
its DRH. The DRH 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 MSDH 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 Mississippi, and that are capable of transmitting exercise 
data to ERDS. For exercises in which the NRC is not participating, the 
MSDH, through its DRH, 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 
Director, Division of Radiological Health, for MSDH. 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 MSDH staff members, in particular 
those within the DRH, 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 MSDH will work together to resolve these differences.
    B. Differences between MSDH 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.

X. Duration

    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: November 2, 2018.

Margaret M. Doane,

Executive Director for Operations.

For the State of Mississippi, Mississippi State Department of Health

Dated: January 11, 2019.

Thomas E. Dobbs III, MD, MPH,

State Health Officer.

[FR Doc. 2019-05230 Filed 3-19-19; 8:45 am]
 BILLING CODE 7590-01-P