44 CFR Part 353

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Title 44 → Chapter I → Subchapter F → Part 353
Title 44: Emergency Management and Assistance
PART 353—FEE FOR SERVICES IN SUPPORT, REVIEW AND APPROVAL OF STATE
AND LOCAL GOVERNMENT OR LICENSEE RADIOLOGICAL EMERGENCY PLANS AND
PREPAREDNESS
Contents
§353.1 Purpose.
§353.2 Scope.
§353.3 Definitions.
§353.4 Payment of fees.
§353.5 Average cost per FEMA professional staff-hour.
§353.6 Schedule of services.
§353.7 Failure to pay.
Appendix A to Part 353—Memorandum of Understanding Between Federal Emergency
Management Agency and Nuclear Regulatory Commission
A
: 31 U.S.C. 9701; E.O. 12657 of Nov. 18, 1988; 3 CFR, 1988 Comp., p. 611; 50 U.S.C. app.
2251 note; E.O. 12148 of July 20, 1979; 3 CFR, 1979 Comp., p. 412, 50 U.S.C. app. 2251 note.

S

: 56 FR 9455, Mar. 6, 1991, unless otherwise noted.

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§353.1 Purpose.
This part sets out fees charged for site-specific radiological emergency planning and
preparedness services rendered by the Federal Emergency Management Agency, as
authorized by 31 U.S.C. 9701.
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§353.2 Scope.
The regulation in this part applies to all licensees who have applied for or have received
a license from the Nuclear Regulatory Commission to operate a commercial nuclear power
plant.
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§353.3 Definitions.
As used in this part, the following terms and concepts are defined:
(a) FEMA means the Federal Emergency Management Agency.
(b) NRC means the Nuclear Regulatory Commission.
(c) Certification means the written justification by a licensee of the need for Federal
compensatory assistance, as authorized in 44 CFR part 352 and E.O. 12657.
(d) Technical assistance means services provided by FEMA to facilitate offsite
radiological emergency planning and preparedness such as provision of support for the
preparation of offsite radiological emergency response plans and procedures; provision of
advice and recommendations for specific aspects of preparedness such as alert and
notification and emergency public information.
(e) Licensee means the utility which has applied for or has received a license from the
NRC to operate a commercial nuclear power plant.
(f) Governor means the Governor of a State or his/her designee.
(g) RAC means Regional Assistance Committee chaired by FEMA with representatives
from the Nuclear Regulatory Commission, Environmental Protection Agency, Department of
Health and Human Services, Department of Energy, Department of Agriculture, Department
of Transportation, Department of Commerce and other Federal Departments and agencies
as appropriate.
(h) REP means FEMA's Radiological Emergency Preparedness Program.
(i) Fiscal Year means Federal fiscal year commencing on the first day of October through
the thirtieth day of September.
(j) Federal Radiological Preparedness Coordinating Committee is the national level
committee chaired by FEMA with representatives from the Nuclear Regulatory Commission,
Environmental Protection Agency, Department of Health and Human Services, Department of
Interior, Department of Energy, Department of Transportation, United States Department of
Agriculture, Department of Commerce and other Federal Departments and agencies as
appropriate.
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§353.4 Payment of fees.
Fees for site-specific offsite radiological emergency plans and preparedness services
and related site-specific legal services are payable upon notification by FEMA. FEMA
services will be billed at 6-month intervals for all accumulated costs on a site-specific basis.
Each bill will identify the costs related to services for each nuclear power plant site.
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§353.5 Average cost per FEMA professional staff-hour.
Fees for FEMA services rendered will be calculated based upon the costs for such
services using a professional staff rate per hour equivalent to the sum of the average cost to
the agency of maintaining a professional staff member performing site-specific services
related to the Radiological Emergency Preparedness Program, including salary, benefits,
administrative support, travel and overhead. This rate will be charged when FEMA performs
such services as: Development of exercise objectives and scenarios, pre-exercise logistics,
exercise conduct and participation, evaluation, meetings and reports; review and approval of
Plan revisions that are utility-requested or exercise inadequacy related; remedial exercise,
medical drill or any other exercise or drill upon which a license is predicated, with regard to
preparation, review, conduct, participation, evaluation, meetings and reports; the issuance of
interim findings pursuant to the FEMA/NRC Memorandum of Understanding (MOU) (App. A
of this part); review of utility plan submissions through the NRC under the MOU; utility
certification submission review under 44 CFR part 352 and follow-on activities; site-specific
adjudicatory proceedings and any other site-specific legal costs and technical assistance that
is utility requested or exercise inadequacy related. The professional staff rate for FY 91 is
$39.00 per hour. The referenced FEMA/NRC MOU is provided in this rule as appendix A.
The professional staff rate for the REP Program and related legal services will be revised on
a fiscal year basis using the most current fiscal data available and the revised hourly rate will
be published as a notice in the F
R
for each fiscal year if the rate increases or
decreases.
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§353.6 Schedule of services.
Recipients shall be charged the full cost of site-specific services based upon the
appropriate professional hourly staff rate for the FEMA services described in this Section and
for related contractual services which will be charged to the licensee by FEMA, at the rate
and cost incurred.
(a) When a State seeks formal review and approval by FEMA of the State's radiological
emergency response plan pursuant to 44 CFR part 350 (Review and Approval Process of
State and Local Radiological Emergency Plans and Preparedness), FEMA shall provide the
services as described in 44 CFR part 350 in regard to that request and fees will be charged
for such services to the licensee, which is the ultimate beneficiary of FEMA services. This
provision does not apply where an operating license has been granted or the application
denied or withdrawn, except as necessary to support biennial exercises and related activities.
Fees will be charged for all FEMA, but not other Federal agency activities related to such
services, including but not limited to the following:
(1) Development of exercise objectives and scenarios, preexercise logistics, exercise
conduct and participation, evaluation, meetings and reports.
(2) Review of plan revisions that are exercise-inadequacy related;

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(2) Review of plan revisions that are exercise inadequacy related;
(3) Technical assistance that is exercise-inadequacy related;

(4) Remedial exercise, medical drill, or any other exercise or drill upon which
maintenance of a license is predicated, with regard to preparation, review, conduct,
participation, evaluation, meetings and reports.
(b) Interim findings. Where the NRC seeks from FEMA under the FEMA/NRC MOU an
interim finding of the status of radiological emergency planning and preparedness at a
particular time for a nuclear power plant, FEMA shall assess a fee to the licensee for
providing this service. The provision of this service consists of making a determination
whether the plans are adequate to protect the health and safety of the public living in the
vicinity of the nuclear power facility by providing reasonable assurance that appropriate
protective measures can be taken offsite in the event of a radiological emergency and that
such plans are capable of being implemented.
(c) NRC utility plan submissions. Fees will be charged for all FEMA but not other Federal
agency activities related to such services, including but not limited to the following:
(1) Development of exercise objectives and scenarios, preexercise logistics, exercise
conduct and participation, evaluation and post-exercise meetings and reports.
(2) Notice and conduct of public meeting.
(3) Regional finding and determination of adequacy of plans and preparedness followed
by review by FEMA Headquarters resulting in final FEMA determination of adequacy of plans
and preparedness,
(4) Remedial exercise, medical drill, or any other exercise or drill upon which
maintenance of a license is predicated, with regard to preparation, review, conduct,
participation, evaluation, meetings and reports.
(d) Utility certification submission review. When a licensee seeks Federal assistance
within the framework of 44 CFR part 352 due to the decline or failure of a State or local
government to adequately prepare an emergency plan, FEMA shall process the licensee's
certification and make the determination whether a decline or fail situation exists. Fees will be
charged for services rendered in making the determination. Upon the determination that a
decline or fail situation does exist, any services provided or secured by FEMA consisting of
assistance to the licensee, as described in 44 CFR part 352, will have a fee charged for such
services.
(e) FEMA participation in site-specific NRC adjudicatory proceedings and any other sitespecific legal costs. Where FEMA participates in NRC licensing proceedings and any related
court actions to support FEMA findings as a result of its review and approval of offsite
emergency plans and preparedness, or provides legal support for any other site specific
FEMA activities comprised in this rule, fees will be charged to the licensee for such
participation.

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(f) Rendering technical assistance. Where FEMA is requested by a licensee to provide
any technical assistance, or where a State or local government requests technical assistance
in order to correct an inadequacy identified as a result of a biennial exercise or any other drill
or exercise upon which maintenance of a license is predicated, FEMA will charge such
assistance to the licensee for the provision of such service.
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§353.7 Failure to pay.
In any case where there is a dispute over the FEMA bill or where FEMA finds that a
licensee has failed to pay a prescribed fee required under this part, procedures will be
implemented in accordance with 44 CFR part 11 subpart C to effectuate collections under the
Debt Collection Act of 1982 (31 U.S.C. 3711 et seq.).
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Appendix A to Part 353—Memorandum of Understanding Between Federal Emergency
Management Agency and Nuclear Regulatory Commission
The Federal Emergency Management Agency (FEMA) and the Nuclear Regulatory
Commission (NRC) have entered into a new Memorandum of Understanding (MOU) Relating
to Radiological Emergency Planning and Preparedness. This supersedes a memorandum
entered into on November 1, 1980 (published December 16, 1980, 45 FR 82713), revised
April 9, 1985 (published April 18, 1985, 50 FR 15485), and published as Appendix A to 44
CFR part 353. The substantive changes in the new MOU are: (1) Self-initiated review by the
NRC; (2) Early Site Permit process; (3) adoption of FEMA exercise time-frames; (4)
incorporation of FEMA definition of exercise deficiency; (5) NRC commitment to work with
licensees in support of State and local governments to correct exercise deficiencies; (6)
correlation of FEMA actions on withdrawal of approvals under 44 CFR part 350 and NRC
enforcement actions; and (7) disaster-initiated reviews in situations that affect offsite
emergency infrastructures. The text of the MOU follows.
M

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NRC

FEMA R

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I. Background and Purposes
This Memorandum of Understanding (MOU) establishes a framework of cooperation
between the Federal Emergency Management Agency (FEMA) and the U.S. Nuclear
Regulatory Commission (NRC) in radiological emergency response planning matters so that
their mutual efforts will be directed toward more effective plans and related preparedness
measures at and in the vicinity of nuclear reactors and fuel cycle facilities which are subject
to 10 CFR part 50, appendix E, and certain other fuel cycle and materials licensees which
have potential for significant accidental offsite radiological releases. The memorandum is
responsive to the President's decision of December 7, 1979, that FEMA will take the lead in
offsite planning and response, his request that NRC assist FEMA in carrying out this role,
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and the NRC's continuing statutory responsibility for the radiological health and safety of the
public.
On January 14, 1980, the two agencies entered into a “Memorandum of Understanding
Between NRC and FEMA to Accomplish a Prompt Improvement in Radiological Emergency
Preparedness,” that was responsive to the President's December 7, 1979, statement. A
revised and updated Memorandum of Understanding became effective November 1, 1980.
The MOU was further revised and updated on April 9, 1985. This MOU is a further revision to
reflect the evolving relationship between NRC and FEMA and the experience gained in
carrying out the provisions of the previous MOU's. This MOU supersedes these two earlier
versions of the MOU.
The general principles agreed to in the previous MOU's and reaffirmed in this MOU, are
as follows: FEMA coordinates all Federal planning for the offsite impact of radiological
emergencies and takes the lead for assessing offsite radiological emergency response
plans1 and preparedness, makes findings and determinations as to the adequacy and
capability of implementing offsite plans, and communicates those findings and
determinations to the NRC. The NRC reviews those FEMA findings and determinations in
conjunction with the NRC onsite findings for the purpose of making determinations on the
overall state of emergency preparedness. These overall findings and determinations are
used by NRC to make radiological health and safety decisions in the issuance of licenses
and the continued operation of licensed plants to include taking enforcement actions as
notices of violations, civil penalties, orders, or shutdown of operating reactors. This
delineation of responsibilities avoids duplicative efforts by the NRC staff in offsite
preparedness matters. However, if FEMA informs the NRC that an emergency, unforeseen
contingency, or other reason would prevent FEMA from providing a requested finding in a
reasonable time, then, in consultation with FEMA, the NRC might initiate its own review of
offsite emergency preparedness.
1

Assessments of offsite plans may be based on State and local government plans submitted to FEMA
under its rule (44 CFR Part 350), and as noted in 44 CFR 350.3(f), may also be based on plans currently
available to FEMA or furnished to FEMA through the NRC/FEMA Steering Committee.

A separate MOU dated October 22, 1980, deals with NRC/FEMA cooperation and
responsibilities in response to an actual or potential radiological emergency. Operations
Response Procedures have been developed that implement the provisions of the Incident
Response MOU. These documents are intended to be consistent with the Federal
Radiological Emergency Response Plan which describes the relationships, roles, and
responsibilities of Federal Agencies for responding to accidents involving peacetime nuclear
emergencies. On December 1, 1991, the NRC and FEMA also concluded a separate MOU in
support of Executive Order 12657 (FEMA Assistance in Emergency Preparedness Planning
at Commercial Nuclear Power Plants).
II. Authorities and Responsibilities
FEMA-Executive Order 12148 charges the Director, FEMA, with the responsibility to
“* * * establish Federal policies for, and coordinate, all civil defense and civil emergency
planning, management, mitigation, and assistance functions of Executive agencies” (Section
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2-101) and “* * * represent the President in working with State and local governments and
the private sector to stimulate vigorous participation in civil emergency preparedness,
mitigation, response, and recovery programs” (Section 2-104.).
On December 7, 1979, the President, in response to the recommendations of the
Kemeny Commission on the Accident at Three Mile Island, directed that FEMA assume lead
responsibility for all offsite nuclear emergency planning and response.
Specifically, the FEMA responsibilities with respect to radiological emergency
preparedness as they relate to NRC are:
1. To take the lead in offsite emergency planning and to review and assess offsite
emergency plans and preparedness for adequacy.
2. To make findings and determinations as to whether offsite emergency plans are
adequate and can be implemented (e.g., adequacy and maintenance of procedures, training,
resources, staffing levels and qualifications, and equipment). Notwithstanding the procedures
which are set forth in 44 CFR part 350 for requesting and reaching a FEMA administrative
approval of State and local plans, findings, and determinations on the current status of
emergency planning and preparedness around particular sites, referred to as interim findings,
will be provided by FEMA for use as needed in the NRC licensing process. Such findings will
be provided by FEMA on mutually agreed to schedules or on specific NRC request. The
request and findings will normally be by written communications between the co-chairs of the
NRC/FEMA Steering Committee. An interim finding provided under this arrangement will be
an extension of FEMA's procedures for review and approval of offsite radiological emergency
plans and preparedness set forth in 44 CFR part 350. It will be based on the review of
currently available plans and, if appropriate, joint exercise results related to a specific nuclear
power plant site.
If the review involves an application under 10 CFR part 52 for an early site permit, the
NRC will forward to FEMA pertinent information provided by the applicant and consult with
FEMA as to whether there is any significant impediment to the development of offsite
emergency plans. As appropriate, depending upon the nature of information provided by the
applicant, the NRC will also request that FEMA determine whether major features of offsite
emergency plans submitted by the applicant are acceptable, or whether offsite emergency
plans submitted by the applicant are adequate, as discussed below.
An interim finding based only on the review of currently available offsite plans will include
an assessment as to whether these plans are adequate when measured against the
standards and criteria of NUREG-0654/FEMA-REP-1, and, pending a demonstration through
an exercise, whether there is reasonable assurance that the plans can be implemented. The
finding will indicate one of the following conditions: (1) Plans are adequate and there is
reasonable assurance that they can be implemented with only limited or no corrections
needed; (2) plans are adequate, but before a determination can be made as to whether they
can be implemented, corrections must be made to the plans or supporting measures must be
demonstrated (e.g., adequacy and maintenance of procedures, training, resources, staffing
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levels and qualifications, and equipment) or (3) plans are inadequate and cannot be
implemented until they are revised to correct deficiencies noted in the Federal review.
If, in FEMA's view, the plans that are available are not completed or are not ready for
review, FEMA will provide NRC with a status report delineating milestones for preparation of
the plan by the offsite authorities as well as FEMA's actions to assist in timely development
and review of the plans.
An interim finding on preparedness will be based on review of currently available plans
and joint exercise results and will include an assessment as to (1) whether offsite emergency
plans are adequate as measured against the standards and criteria of NUREG-0654/FEMAREP-1 and (2) whether the exercise(s) demonstrated that there is reasonable assurance that
the plans can be implemented.
An interim finding on preparedness will indicate one of the following conditions: (1) There
is reasonable assurance that the plans are adequate and can be implemented as
demonstrated in an exercise; (2) there are deficiencies that must be corrected; or (3) FEMA
is undecided and will provide a schedule of actions leading to a decision.
3. To assume responsibility, as a supplement to State, local, and utility efforts, for
radiological emergency preparedness training of State and local officials.
4. To develop and issue an updated series of interagency assignments which delineate
respective agency capabilities and responsibilities and define procedures for coordination
and direction for emergency planning and response. [Current assignments are in 44 CFR
part 351, March 11, 1982. (47 FR 10758)]
NRC-The Atomic Energy Act of 1954, as amended, requires that the NRC grant licenses
only if the health and safety of the public is adequately protected. While the Atomic Energy
Act does not specifically require emergency plans and related preparedness measures, the
NRC requires consideration of overall emergency preparedness as a part of the licensing
process. The NRC rules (10 CFR 50.33, 50.34, 50.47, 50.54, and appendix E to 10 CFR part
50, and 10 CFR part 52) include requirements for the licensee's emergency plans.
Specifically, the NRC responsibilities for radiological emergency preparedness are:
1. To assess licensee emergency plans for adequacy. This review will include
organizations with whom licensees have written agreements to provide onsite support
services under emergency conditions.
2. To verify that licensee emergency plans are adequately implemented (e.g., adequacy
and maintenance of procedures, training, resources, staffing levels and qualifications, and
equipment).
3. To review the FEMA findings and determinations as to whether offsite plans are
adequate and can be implemented.

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4. To make radiological health and safety decisions with regard to the overall state of
emergency preparedness (i.e., integration of emergency preparedness onsite as determined
by the NRC and offsite as determined by FEMA and reviewed by NRC) such as assurance
for continued operation, for issuance of operating licenses, or for taking enforcement actions,
such as notices of violations, civil penalties, orders, or shutdown of operating reactors.
III. Areas of Cooperation
A. NRC Licensing Reviews
FEMA will provide support to the NRC for licensing reviews related to reactors, fuel
facilities, and materials licensees with regard to the assessment of the adequacy of offsite
radiological emergency response plans and preparedness. This will include timely submittal
of an evaluation suitable for inclusion in NRC safety evaluation reports.
Substantially prior to the time that a FEMA evaluation is required with regard to fuel
facility or materials license review, NRC will identify those fuel and materials licensees with
potential for significant accidental offsite radiological releases and transmit a request for
review to FEMA as the emergency plans are completed.
FEMA routine support will include providing assessments, findings and determinations
(interim and final) on offsite plans and preparedness related to reactor license reviews. To
support its findings and determinations, FEMA will make expert witnesses available before
the Commission, the NRC Advisory Committee on Reactor Safeguards, NRC hearing boards
and administrative law judges, for any court actions, and during any related discovery
proceedings.
FEMA will appear in NRC licensing proceedings as part of the presentation of the NRC
staff. FEMA counsel will normally present FEMA witnesses and be permitted, at the
discretion of the NRC licensing board, to cross-examine the witnesses of parties, other than
the NRC witnesses, on matters involving FEMA findings and determinations, policies, or
operations; however, FEMA will not be asked to testify on status reports. FEMA is not a party
to NRC proceedings and, therefore, is not subject to formal discovery requirements placed
upon parties to NRC proceedings. Consistent with available resources, however, FEMA will
respond informally to discovery requests by parties. Specific assignment of professional
responsibilities between NRC and FEMA counsel will be primarily the responsibility of the
attorneys assigned to a particular case. In situations where questions of professional
responsibility cannot be resolved by the attorneys assigned, resolution of any differences will
be made by the General Counsel of FEMA and the General Counsel of the NRC or their
designees. NRC will request the presiding Board to place FEMA on the service list for all
litigation in which it is expected to participate.
Nothing in this MOU shall be construed in any way to diminish NRC's responsibility for
protecting the radiological health and safety of the public.
B. FEMA Review of Offsite Plans and Preparedness

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NRC will assist in the development and review of offsite plans and preparedness through
its membership on the Regional Assistance Committees (RAC). FEMA will chair the Regional
Assistance Committees. Consistent with NRC's statutory responsibility, NRC will recognize
FEMA as the interface with State and local governments for interpreting offsite radiological
emergency planning and preparedness criteria as they affect those governments and for
reporting to those governments the results of any evaluation of their radiological emergency
plans and preparedness.
Where questions arise concerning the interpretation of the criteria, such questions will
continue to be referred to FEMA Headquarters, and when appropriate, to the NRC/FEMA
Steering Committee to assure uniform interpretation.
C. Preparation for and Evaluation of Joint Exercises
FEMA and NRC will cooperate in determining exercise requirements for licensees, and
State and local governments. They will also jointly observe and evaluate exercises. NRC and
FEMA will institute procedures to enhance the review of objectives and scenarios for joint
exercises. This review is to assure that both the onsite considerations of NRC and the offsite
considerations of FEMA are adequately addressed and integrated in a manner that will
provide for a technically sound exercise upon which an assessment of preparedness
capabilities can be based. The NRC/FEMA procedures will provide for the availability of
exercise objectives and scenarios sufficiently in advance of scheduled exercises to allow
enough time for adequate review by NRC and FEMA and correction of any deficiencies by
the licensee. The failure of a licensee to develop a scenario that adequately addresses both
onsite and offsite considerations may result in NRC taking enforcement actions.
The FEMA reports will be a part of an interim finding on emergency preparedness; or will
be the result of an exercise conducted pursuant to FEMA's review and approval procedures
under 44 CFR part 350 and NRC's requirement under 10 CFR part 50, appendix E, Section
IV.F. Exercise evaluations will identify one of the following conditions: (1) There is reasonable
assurance that the plans are adequate and can be implemented as demonstrated in the
exercise; (2) there are deficiencies that must be corrected; or (3) FEMA is undecided and will
provide a schedule of actions leading to a decision. The schedule for issuance of the draft
and final exercise reports will be as shown in FEMA-REP-14 (Radiological Emergency
Preparedness Exercise Manual).
The deficiency referred to in (2) above is defined as an observed or identified
inadequacy of organizational performance in an exercise that could cause a finding that
offsite emergency preparedness is not adequate to provide reasonable assurance that
appropriate protective measures can be taken in the event of a radiological emergency to
protect the health and safety of the public living in the vicinity of a nuclear power plant.
Because of the potential impact of deficiencies on emergency preparedness, they should be
corrected within 120 days through appropriate remedial actions, including remedial
exercises, drills, or other actions.
Where there are deficiencies of the types noted above, and when there is a potential for
remedial actions, FEMA Headquarters will promptly (1-2 days) discuss these with NRC
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Headquarters. Within 10 days of the exercise, official notification of identified deficiencies will
be made by FEMA to the State, NRC Headquarters, and the RAC with an information copy to
the licensee. NRC will formally notify the licensee of the deficiencies and monitor the
licensee's efforts to work with State and local authorities to correct the deficiencies.
Approximately 60 days after official notification of the deficiency, the NRC, in consultation
with FEMA, will assess the progress being made toward resolution of the deficiencies.
D. Withdrawal of Reasonable Assurance Finding
If FEMA determines under 44 CFR 350.13 of its regulations that offsite emergency plans
or preparedness are not adequate to provide reasonable assurance that appropriate
protective measures can be taken in the event of radiological emergency to protect the health
and safety of the public, FEMA shall, as described in its rule, withdraw approval.
Upon receiving notification of such action from FEMA, the NRC will promptly review
FEMA's findings and determinations and formally document the NRC's position. When, as
described in 10 CFR 50.54(s)(2)(ii) and 50.54(s)(3) of its regulations, the NRC finds the state
of emergency preparedness does not provide reasonable assurance that adequate protective
measures can and will be taken in the event of a radiological emergency, the NRC will notify
the affected licensee accordingly and start the “120-day clock.”2
2

Per 10 CFR 50.54(s)(2)(ii), the Commission will determine whether the reactor shall be shut down or
other appropriate enforcement actions if such conditions are not corrected within four months. The NRC is not
limited by this provision of the rule, for, as stated in 10 CFR 50.54(s)(3), “Nothing in this paragraph shall be
construed as limiting the authority of the Commission to take action under any other regulation or authority of
the Commission or at any time other than that specified in this paragraph” (emphasis added).

E. Emergency Planning and Preparedness Guidance
NRC has lead responsibility for the development of emergency planning and
preparedness guidance for licensees. FEMA has lead responsibility for the development of
radiological emergency planning and preparedness guidance for State and local agencies.
NRC and FEMA recognize the need for an integrated, coordinated approach to radiological
emergency planning and preparedness by NRC licensees and State and local governments.
NRC and FEMA will each, therefore, provide opportunity for the other agency to review and
comment on such guidance (including interpretations of agreed joint guidance) prior to
adoption as formal agency guidance.
F. Support for Document Management System
FEMA and NRC will each provide the other with continued access to those automatic
data processing support systems which contain relevant emergency preparedness data.
G. Ongoing NRC Research and Development Programs
Ongoing NRC and FEMA research and development programs that are related to State
and local radiological emergency planning and preparedness will be coordinated. NRC and
FEMA will each provide opportunity for the other agency to review and comment on relevant
research and development programs prior to implementing them.
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H. Public Information and Education Programs
FEMA will take the lead in developing public information and educational programs.
NRC will assist FEMA by reviewing for accuracy educational materials concerning radiation,
and its hazards and information regarding appropriate actions to be taken by the general
public in the event of an accident involving radioactive materials.
I. Recovery from Disasters Affecting Offsite Emergency Preparedness
Disasters that destroy roads, buildings, communications, transportation resources or
other offsite infrastructure in the vicinity of a nuclear power plant can degrade the capabilities
of offsite response organizations in the 10-mile plume emergency planning zone. Examples
of events that could cause such devastation are hurricanes, tornadoes, earthquakes,
tsunamis, volcanic eruptions, major fires, large explosions, and riots.
If a disaster damages the area around a licensed operating nuclear power plant to an
extent that FEMA seriously questions the continued adequacy of offsite emergency
preparedness, FEMA will inform the NRC promptly. Likewise, the NRC will inform FEMA
promptly of any information it receives from licensees, its inspectors, or others, that raises
serious questions about the continued adequacy of offsite emergency preparedness. If
FEMA concludes that a disaster-initiated review of offsite radiological emergency
preparedness is necessary to determine if offsite emergency preparedness is still adequate,
it will inform the NRC in writing, as soon as practicable, including a schedule for conduct of
the review. FEMA will also give the NRC (1) interim written reports of its findings, as
appropriate, and (2) a final written report on the results of its review.
The disaster-initiated review is performed to reaffirm the radiological emergency
preparedness capabilities of affected offsite jurisdictions located in the 10-mile emergency
planning zone and is not intended to be a comprehensive review of offsite plans and
preparedness.
The NRC will consider information provided by FEMA Headquarters and pertinent
findings from FEMA's disaster-initiated review in making decisions regarding the restart or
continued operation of an affected operating nuclear power reactor. The NRC will notify
FEMA Headquarters, in writing, of the schedule for restart of an affected reactor and keep
FEMA Headquarters informed of changes in that schedule.
IV. NRC/FEMA Steering Committee
The NRC/FEMA Steering Committee on Emergency Preparedness will continue to be
the focal point for coordination of emergency planning and preparedness. As discussed in
Section I of this agreement, response activities between these two agencies are addressed
in a separate MOU. The Steering Committee will consist of an equal number of members to
represent each agency with one vote per agency. When the Steering Committee cannot
agree on the resolution of an issue, the issue will be referred to NRC and FEMA
management. The NRC members will have lead responsibility for licensee planning and
preparedness and the FEMA members will have lead responsibility for offsite planning and
preparedness The Steering Committee will assure coordination of plans and preparedness

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preparedness. The Steering Committee will assure coordination of plans and preparedness
evaluation activities and revise, as necessary, acceptance criteria for licensee, State and
local radiological emergency planning and preparedness. NRC and FEMA will then consider
and adopt criteria, as appropriate, in their respective jurisdictions. (See Attachment 1).
V. Working Arrangements
A. The normal point of contact for implementation of the points in this MOU will be the
NRC/FEMA Steering Committee.
B. The Steering Committee will establish the day-to-day procedures for assuring that the
arrangements of this MOU are carried out.
VI. Memorandum of Understanding
A. This MOU shall be effective as of date of signature and shall continue in effect unless
terminated by either party upon 30 days notice in writing.
B. Amendments or modifications to this MOU may be made upon written agreement by
both parties.
Approved for the U.S. Nuclear Regulatory Commission.
Dated: June 17, 1993.
James M. Taylor,
Executive Director for Operations.
Dated: June 17, 1993.
Approved for the Federal Emergency Management Agency.
Richard W. Krimm,
Acting Associate Director, State and Local Programs and Support.
A

1—FEMA/NRC S

C

Purpose
Assure coordination of efforts to maintain and improve emergency planning and
preparedness for nuclear power reactors as described in the NRC and FEMA rules and the
NRC/FEMA MOU on Radiological Emergency Planning and Preparedness. Coordinate
consistent criteria for licensee, State and local emergency plans and preparedness.
Membership
The NRC and FEMA consignees of this MOU will designate respective co-chairs for the
Steering Committee. The designated co-chairs will, in turn, appoint their respective members
to the Committee.
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Membership Changes
Changes to the membership of the NRC/FEMA Steering Committee may be made by
the co-chairs representing the agency whose member is being changed.
Operating Procedures
The Steering Committee will maintain a record of each meeting to include identification
of issues discussed and conclusions reached. No meeting will be held without the attendance
and participation of at least the co-chairs or two assigned members of each agency.
Coordination
When items involving responsibilities of other NRC or FEMA offices are discussed, the
affected offices will be contacted as appropriate.
[58 FR 47997, Sept. 14, 1993]

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