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Federal Register / Vol. 62, No. 28 / Tuesday, February 11, 1997 / Notices6281PLACE: Commissioners’ ConferenceRoom, 11555 Rockville Pike, Rockville,Maryland.STATUS: Public and Closed.MATTERS TO BE CONSIDERED:Week of February 10Thursday, February 132:00 p.m.Briefing on Operating Reactor OversightProgram and Status of Improvements inNRC Inspection Program (PublicMeeting)(Contact: Bill Borchardt, 301–415–1257)3:30 p.m.Affirmation Session (Public Meeting)*(Please Note: These items will be affirmedimmediately following the conclusion ofthe preceding meeting.)a: Louisiana Energy Services (ClaiborneEnrichment Center); Atomic Safety andLicensing Board Partial Initial Decision(Resolving Contentions J.4, K, and Q),LBP–96–25.Week of February 17—TentativeTuesday, February 181:00 p.m.Briefing on BPR Project on RedesignedMaterials Licensing Process (PublicMeeting)(Contact: Don Cool, 301–415–7197)2:30 p.m.Briefing on Analysis of Quantifying PlantWatch List Indicators (Public Meeting)(Contact: Rich Barrett, 301–415–7482)Wednesday, February 192:00 p.m.Briefing on Millstone and Maine YankeeLessons Learned (Public Meeting)(Contact: Steve Stein, 301–415–1296)3:30 p.m.Affirmation Session (Public Meeting) (ifneeded)Thursday, February 202:00 p.m.Briefing on EEO Program (Public Meeting)(Contact: Ed Tucker, 301–415–7382)Week of February 24—TentativeWednesday, February 2611:30 a.m.Affirmation Session (Public Meeting) (ifneeded)Week of March 3—TentativeThere are no meetings scheduled for theWeek of March 3.*The schedule for Commission meetings issubject to change on short notice. To verifythe status of meetings call (recording)—(301)415–1292.CONTACT PERSON FOR MORE INFORMATION:Bill Hill, (301) 415–1661.The NRC Commission Meeting Schedulecan be found on the Internet at:http://www.nrc.gov/SECY/smj/schedule. htmThis notice is distributed by mail toseveral hundred subscribers; if you nolonger wish to receive it, or would liketo be added to it, please contact theOffice of the Secretary, Attn: OperationsBranch, Washington, D.C. 20555 (301–415–1661).In addition, distribution of thismeeting notice over the internet systemis available. If you are interested inreceiving this Commission meetingschedule electronically, please send anelectronic message to wmh@nrc.gov ordkw@nrc.gov.Dated: February 7, 1997.William M. Hill, Jr.,SECY Tracking Officer, Office of theSecretary.[FR Doc. 97–3500 Filed 2–7–97; 1:40 p.m.]BILLING CODE 7590–01–MFinal Memorandum of UnderstandingBetween the U.S. Nuclear RegulatoryCommission and the State of VermontAGENCY: Nuclear RegulatoryCommission.ACTION: Notice.SUMMARY: This notice is to advise thepublic of the issuance of a FinalMemorandum of Understanding (MOU)between the U.S. Nuclear RegulatoryCommission (NRC) and the State ofVermont. The MOU provides the basisfor mutually agreeable procedureswhereby the State of Vermont mayutilize the NRC Emergency ResponseData System (ERDS) to receive dataduring an emergency at a commercialnuclear power plant in Vermont. Publiccomments were addressed inconjunction with the MOU with theState of Michigan published in theFederal Register, Vol. 57. No. 28,February 11, 1992.EFFECTIVE DATE: This MOU is effectiveDecember 10, 1996.ADDRESSES: Copies of all NRCdocuments are available for publicinspection and copying for a fee in theNRC Public Document Room, 2120 LStreet, N.W. (Lower Level), Washington,DC.FOR FURTHER INFORMATION CONTACT: JohnR. Jolicoeur or Eric D. Weinstein, Officefor Analysis and Evaluation ofOperational Data, U.S. NuclearRegulatory Commission, Washington,DC 20555. Telephone (301) 415–6402 or(301) 415–7559.SUPPLEMENTARY INFORMATION: Theattached MOU is intended to formalizeand define the manner in which theNRC will cooperate with the State ofVermont to provide data related to plantconditions during emergencies atcommercial nuclear power plants inVermont.Dated at Rockville, Maryland, this 28th dayof January, 1997.For the U.S. Nuclear RegulatoryCommission.Denwood F. Ross, Jr.,Acting Director, Office for Analysis andEvaluation of Operational Data.Agreement Pertaining to the EmergencyResponse Data System Between theState of Vermont and the U.S. NuclearRegulatory CommissionI. AuthorityThe U.S. Nuclear RegulatoryCommission (NRC) and the State ofVermont enter into this Agreementunder the authority of Section 274i ofthe Atomic Energy Act of 1954, asamended.The State of Vermont recognizes theFederal Government, primarily the NRC,as having the exclusive authority andresponsibility to regulate theradiological and national securityaspects of the construction andoperation of nuclear production orutilization facilities, except for certainauthority over air emissions granted toStates by the Clean Air Act.II. BackgroundA. The Atomic Energy Act of 1954, asamended, and the EnergyReorganization Act of 1974, asamended, authorize the NuclearRegulatory Commission (NRC) to licenseand regulate, among other activities, themanufacture, construction, andoperation of utilization facilities(nuclear power plants) in order to assurecommon defense and security and toprotect the public health and safety.Under these statutes, the NRC is theresponsible agency regulating nuclearpower plant safety.B. NRC believes that its mission toprotect the public health and safety canbe served by a policy of cooperationwith the State governments and hasformally adopted a policy statement on‘‘Cooperation with States at CommercialNuclear Power Plants and Other NuclearProduction or Utilization Facilities’’ (54FR 7530, February 22, 1989). The policystatement provides that NRC willconsider State proposals to enter intoinstruments of cooperation for certainprograms when these programs haveprovisions to ensure close cooperationwith NRC. This agreement is intendedto be consistent with, and implementthe provisions of the NRC’s policystatement.C. NRC fulfills its statutory mandateto regulate nuclear power plant safetyby, among other things, responding toemergencies at the licensee’s facilitiesand monitoring the status and adequacy
6282 Federal Register / Vol. 62, No. 28 / Tuesday, February 11, 1997 / Noticesof the licensee’s responses to emergencysituations.D. The State of Vermont fulfills itsstatutory mandate to provide forpreparedness, response, mitigation, andrecovery in the event of an accident ata nuclear power plant through the Stateof Vermont Emergency Management,Radiological Emergency ResponseProgram.III. ScopeA. This Agreement defines the way inwhich NRC and Vermont EmergencyManagement will cooperate in planningand maintaining the capability totransfer reactor plant data via theEmergency Response Data System(ERDS) during emergencies at nuclearpower plants in the State of Vermont.B. It is understood by the NRC and theState of Vermont that ERDS data willonly be transmitted by a licensee duringemergencies classified at the Alert levelor above, during scheduled tests, orduring exercises when available.C. Nothing in this Agreement isintended to restrict or expand thestatutory authority of NRC, the State ofVermont, or to affect or otherwise alterthe terms of any agreement in effectunder the authority Section 274b of theAtomic Energy Act of 1954, as amended;nor is anything in this Agreementintended to restrict or expand theauthority of the State of Vermont onmatters not within the scope of thisAgreement.D. Nothing in this Agreement confersupon the State of Vermont authority to(1) interpret or modify NRC regulationsand NRC requirements imposed on thelicensee; (2) take enforcement actions;(3) issue confirmatory letters; (4) amend,modify, or revoke a license issued byNRC; or (5) direct or recommendnuclear power plant employees to takeor not to take any action. Authority forall such actions is reserved exclusivelyto the NRC.IV. NRC’s General ResponsibilitiesUnder this agreement, NRC isresponsible for maintaining theEmergency Response Data System.ERDS is a system designed to receive,store and retransmit data from in-plantdata systems at nuclear power plantsduring emergencies. The NRC willprovide user access to ERDS data to oneuser terminal for the State of Vermontduring emergencies at nuclear powerplants which have implemented anERDS interface and for which anyportion of the plant’s 10 mileEmergency Planning Zone (EPZ) lieswithin the State of Vermont. The NRCagrees to provide unique softwarealready available to NRC (notcommercially available) that wasdeveloped under NRC contract forconfiguring an ERDS workstation.V. Vermont Emergency Management’sGeneral ResponsibilitiesA. Vermont Emergency managementwill, in cooperation with the NRCestablish a capability to receive ERDSdata. To this end, Vermont EmergencyManagement will provide the necessarycomputer hardware and commerciallylicensed software required for ERDSdata transfer to users.B. Vermont Emergency managementagrees not to use ERDS to access datafrom nuclear power plants for which aportion of the 10 mile EmergencyPlanning Zone does not fall within itsState boundary.C. For the purpose of minimizing theimpact on plant operators, clarificationof ERDS data will be pursued throughthe NRC.VI. ImplementationVermont Emergency Management andthe NRC agree to work in concert toassure that the followingcommunications and informationexchange protocol regarding the NRCERDS are followed.A. Vermont Emergency Managementand the NRC agree in good faith to makeavailable to each other informationwithin the intent and scope of thisAgreement.B. NRC and Vermont EmergencyManagement agree to meet as necessaryto exchange information on matters ofcommon concern pertinent to thisAgreement. Unless otherwise agreed,such meetings will be held in the NRCOperations Center. The affected utilitieswill be kept informed of pertinentinformation covered by this Agreement.C. To preclude the premature publicrelease of sensitive information, NRCand Vermont Emergency Managementwill protect sensitive information to theextent permitted by the FederalFreedom of Information Act, the StateFreedom of Information Act, 10 CFR2.790, and other applicable authority.D. NRC will conduct periodic tests oflicensee ERDS data links. A copy of thetest schedule will be provided toVermont Emergency Management by theNRC. Vermont Emergency Managementmay test its ability to access ERDS dataduring these scheduled tests, or mayschedule independent tests of the Statelink with the NRC.E. NRC will provide access to ERDSfor emergency exercises with reactorunits capable of transmitting exercisedata to ERDS. For exercises in which theNRC is not participating, VermontEmergency Management will coordinatewith NRC in advance to ensure ERDSavailability. NRC reserves the right topreempt ERDS use for any exercise inprogress in the event of an actual eventat any licensed nuclear power plant.VII. ContactsA. The principal senior managementcontacts for this Agreement will be theDirector, Incident Response Division,Office for Analysis and Evaluation ofOperational Data, and the Director,Vermont Emergency Management.These individuals may designateappropriate staff representatives forpurpose of administering thisAgreement.B. Identification of these contacts isnot intended to restrict communicationbetween NRC and Vermont EmergencyManagement staff members on technicaland other day-to-day activities.VIII. Resolution of DisagreementsA. If disagreements arise aboutmatters within the scope of thisAgreement, NRC and VermontEmergency Management will worktogether to resolve these differences.B. Resolution of differences betweenthe State and NRC staff over issuesarising out of this Agreement will be theinitial responsibility of the NRCIncident Response Divisionmanagement.C. Differences which cannot beresolved in accordance with SectionsVIII.A and VIII.B will be reviewed andresolved by the Director, Office ofAnalysis and Evaluation of OperationalData.D. The NRC’s General Counsel has thefinal authority to provide legalinterpretation of the Commission’sregulations.IX. Effective DateThe Agreement will take effect after ithas been signed by both parties.X. DurationA formal review, not less than 1 yearafter the effective date, will beperformed by the NRC to evaluateimplementation of the Agreement andresolve any problems identified. ThisAgreement will be subject to periodicreviews and may be amended ormodified upon written agreement byboth parties, and may be terminatedupon 30 days written notice by eitherparty.XI. SeparabilityIf any provision(s) of this Agreement,or the application of any provision(s) toany person or circumstances is heldinvalid, the remainder of thisAgreement and the application of such
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