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7 March 2007
[Federal Register: March 6, 2007 (Volume 72, Number 43)]
[Notices]
[Page 9959-9960]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06mr07-67]
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NUCLEAR REGULATORY COMMISSION
DEPARTMENT OF HOMELAND SECURITY
Memorandum of Understanding Between the Nuclear Regulatory
Commission and the Department of Homeland Security Regarding
Consultation Concerning Potential Vulnerabilities of the Location of
Proposed New Utilization Facilities
I. Purpose
This Memorandum of Understanding (MOU) establishes a process to
implement the provisions of Section 657 of the Energy Policy Act of
2005 (EPA), Public Law 109-58, 119 Stat. 594, 814 (2005). Section 657
states:
Sec. 657. Department of Homeland Security Consultation
Before issuing a license for a utilization facility, the Nuclear
Regulatory Commission shall consult with the Department of Homeland
Security concerning the potential vulnerabilities of the location of
the proposed facility to terrorist attack.
II. Background
Nuclear Regulatory Commission
Pursuant to Section 103 of the Atomic Energy Act of 1954, as
amended, 42 U.S.C. 2133, the NRC is responsible for licensing and
regulating the construction and operation of commercial nuclear power
plants (known as ``utilization facilities'') in the United States to
protect the health and safety of the public and to promote the common
defense and security. In conducting its review of applications for such
facilities pursuant to the Commission's implementing regulations in 10
CFR Parts 50 and 52, the NRC must, among other matters, determine the
suitability of the site for the proposed facility.
Among the provisions pertaining to the determination of site
suitability, issues associated with the common defense and security
are, as a general matter, addressed through the requirements of 10 CFR
100.21(f). This provision requires applicants to demonstrate that the
site characteristics of the proposed location are such ``that adequate
security plans and measures can be developed.'' In conducting its
technical review of this portion of the application, the NRC addresses
potential vulnerabilities of the location of the proposed facility to
terrorist attack; this evaluation focuses on assessing the impact of
the following factors:
(1) Pedestrian and vehicular land approaches, (2) railroad
approaches, (3) waterborne approaches, (4) potential ``high-ground''
adversary advantage areas, (5) nearby road and/or transportation
routes, and (6) nearby hazardous materials facilities, airports, dams,
military and chemical facilities, and pipelines.
Commencing in FY07, a substantial number of applications for new
nuclear power plants is expected.
Department of Homeland Security
The Department of Homeland Security (DHS), pursuant to the Homeland
Security Act (HSA) of 2002, Public Law 107-296, 116 Stat. 2135;
Homeland Security Presidential Directive 7 (HSPD-7); and the National
Infrastructure Protection Plan (NIPP) of 2006, has the authority and
responsibility to lead the unified national effort to secure America by
preventing, deterring, and responding to terrorist attacks and other
threats and hazards to the Nation, including protecting the Nation's
critical infrastructure (CI) and key resources (KR), such as the
subject ``utilization facilities.''
III. Consultation Roles and Responsibilities
The NRC will ``consult'' with the DHS under Section 657 of the EPA
as follows:
Before issuing a license for a utilization facility, the NRC
will request, and the DHS will review and provide to the NRC comment
on the potential vulnerabilities of the location of the proposed
facility to terrorist attack. This review and comment will be based
on information, including the application, provided by the NRC, and
any other factors, consistent with DHS authorities, the DHS
considers vital to
[[Page 9960]]
assessing the potential vulnerabilities of the location of the
proposed facility to terrorist attack.
Within ten (10) days after acceptance and docketing of an
application, the NRC will provide the DHS with the application and
any other information it deems relevant. The NRC will communicate
promptly any schedule delay.
Within 90 days of receipt of the application materials, the DHS
will respond to the NRC in writing. This response will include any
and all DHS comments concerning the potential vulnerabilities of the
location of the proposed facility to terrorist attack. If within 60
days of receipt of the application materials the DHS anticipates
that it cannot complete its review within the 90-day time frame, the
DHS will contact the NRC to discuss a mutually agreeable date by
which it will respond to the NRC's request for consultation.
The NRC and the DHS recognize that certain portions of the
information exchanged pursuant to this Memorandum of Understanding may
be Safeguards Information in accordance with section 147 of the Atomic
Energy Act of 1954, as amended; classified information; or other
sensitive information that must be properly identified and protected
from public disclosure in accordance with applicable requirements.
IV. Working Arrangements
The NRC Point of Contact for this agreement is: Team Leader, New
Reactor Security Team, Reactor Security Branch, NSIR.
The DHS Point of Contact for this agreement is: Lead, Nuclear
Sector Branch, CNPPD.
V. Funding
All activities pursuant to this MOU are subject to the availability
of appropriated funds and each agency's budget priorities.
VI. Memorandum of Understanding
This MOU shall not be construed to provide a private right of
action for or by any person or entity.
This MOU is effective upon signature by both parties. It will
remain in effect until terminated by one of the parties following 30
days advance written notice to the other party.
Modifications to this MOU may be made by written agreement of both
parties.
Approved for the U.S. Nuclear Regulatory Commission.
Dated: December 8, 2006.
Luis A. Reyes,
Executive Director for Operations.
Approved for the Department of Homeland Security.
Dated: February 20, 2007.
Robert B. Stephan,
Assistant Secretary for Infrastructure Protection.
[FR Doc. 07-1006 Filed 3-5-07; 8:45 am]
BILLING CODE 7590-01-P