Executive Order 12657 --
Federal Emergency Management Agency Assistance in Emergency Preparedness
Planning at Commercial Nuclear Power Plants
By
the authority vested in me as President by the Constitution and laws of the
United States of America, including the Federal Civil Defense Act of 1950, as
amended (50 U.S.C. App. 2251 et seq.), the Disaster Relief Act of 1974, as
amended (42 U.S.C. 5121 et seq.), the Atomic Energy Act of 1954, as amended (42
U.S.C. 2011 et seq.), Reorganization Plan No. 1 of 1958, Reorganization Plan
No. 1 of 1973, and Section 301 of Title 3 of the United States Code, and in
order to ensure that plans and procedures are in place to respond to
radiological emergencies at commercial nuclear power plants in operation or
under construction, it is hereby ordered as follows:
Section 1. Scope. (a) This
Order applies whenever State or local governments, either individually or
together, decline or fail to prepare commercial nuclear power plant
radiological emergency preparedness plans that are sufficient to satisfy
Nuclear Regulatory Commission (``NRC'') licensing requirements or to participate
adequately in the preparation, demonstration, testing, exercise, or use of such
plans.
(b)
In order to request the assistance of the Federal Emergency Management Agency
(``FEMA'') provided for in this Order, an affected nuclear power plant applicant
or licensee (``licensee'') shall certify in writing to FEMA that the situation
described in Subsection (a) exists.
Sec. 2. Generally Applicable
Principles and Directives. (a) Subject to the principles articulated in
this Section, the Director of FEMA is hereby authorized and directed to take
the actions specified in Sections 3 through 6 of this Order.
(b)
In carrying out any of its responsibilities under this Order, FEMA:
(1)
shall work actively with the licensee, and, before
relying upon its resources or those of any other Department or agency within
the Executive branch, shall make maximum feasible use of the licensee's
resources;
(2)
shall take care not to supplant State and local
resources. FEMA shall substitute its own resources for those of the State and
local governments only to the extent necessary to compensate for the
nonparticipation or inadequate participation of those governments, and only as
a last resort after appropriate consultation with the Governors and responsible
local officials in the affected area regarding State and local participation;
(3)
is authorized, to the extent permitted by law, to enter into interagency
Memoranda of Understanding providing for utilization of the resources of other
Executive branch Departments and agencies and for delegation to other Executive
branch Departments and agencies of any of the functions and duties assigned to
FEMA under this Order; however, any such Memorandum of Understanding shall be
subject to approval by the Director of the Office of Management and Budget
(``OMB'') and published in final form in the Federal Register; and
(4)
shall assume for purposes of Sections 3 and 4 of this Order that, in the event
of an actual radiological emergency or disaster, State and local authorities
would contribute their full resources and exercise their authorities in
accordance with their duties to protect the public from harm and would act
generally in conformity with the licensee's radiological emergency preparedness
plan.
(c)
The Director of OMB shall resolve any issue concerning the obligation of
Federal funds arising from the implementation of this Order. In resolving
issues under this Subsection, the Director of OMB shall ensure:
(1)
that FEMA has utilized to the maximum extent possible the resources of the
licensee and State and local governments before it relies upon its appropriated
and lawfully available resources or those of any Department or agency in the
Executive branch;
(2)
that FEMA shall use its existing resources to
coordinate and manage, rather than duplicate, other available resources;
(3)
that implementation of this Order is accomplished with
an economy of resources; and
(4)
that full reimbursement to the Federal Government is
provided, to the extent permitted by law.
Sec. 3. FEMA Participation in
Emergency Preparedness Planning. (a) FEMA assistance in emergency
preparedness planning shall include advice, technical assistance, and
arrangements for facilities and resources as needed to satisfy the emergency
planning requirements under the Atomic Energy Act of 1954, as amended, and any
other Federal legislation or regulations pertaining to issuance or retention of
a construction permit or an operating license for a nuclear power plant.
(b)
FEMA shall make all necessary plans and arrangements to ensure that the Federal
Government is prepared to assume any and all functions and undertakings
necessary to provide adequate protection to the public in cases within the
scope of this Order. In making such plans and arrangements,
(1)
FEMA shall focus planning of Federal response activities to ensure that:
(A)
adequate resources and arrangements will exist, as of
the time when an initial response is needed, given the absence or inadequacy of
advance State and local commitments; and
(B)
attention has been given to coordinating (including
turning over) response functions when State and local governments do exercise
their authority, with specific attention to the areas where prior State and
local participation has been insufficient or absent;
(2)
FEMA's planning for Federal participation in
responding to a radiological emergency within the scope of this Order shall
include, but not be limited to, arrangements for using existing Federal
resources to provide prompt notification of the emergency to the general
public; to assist in any necessary evacuation; to provide reception centers or
shelters and related facilities and services for evacuees; to provide emergency
medical services at Federal hospitals, including those operated by the military
services and by the Veterans' Administration; and to ensure the creation and
maintenance of channels of communication from commercial nuclear power plant
licensees or applicants to State and local governments and to surrounding
members of the public.
Sec. 4. Evaluation of Plans.
(a) FEMA shall consider and evaluate all plans developed under the authority of
this Order as though drafted and submitted by a State or local government.
(b)
FEMA shall take all actions necessary to carry out the evaluation referred to
in the preceding Subsection and to permit the NRC to conduct its evaluation of
radiological emergency preparedness plans including, but not limited to,
planning, participating in, and evaluating exercises, drills, and tests, on a
timely basis, as necessary to satisfy NRC requirements for demonstrations of
off-site radiological emergency preparedness.
Sec. 5. Response to a
Radiological Emergency. (a) In the event of an actual radiological
emergency or disaster, FEMA shall take all steps necessary to ensure the
implementation of the plans developed under this Order and shall coordinate the
actions of other Federal agencies to achieve the maximum effectiveness of
Federal efforts in responding to the emergency.
(b)
FEMA shall coordinate Federal response activities to ensure that adequate
resources are directed, when an initial response is needed, to activities
hindered by the absence or inadequacy of advance State and local commitments.
FEMA shall also coordinate with State and local governmental authorities and
turn over response functions as appropriate when State and local governments do
exercise their authority.
(c)
FEMA shall assume any necessary command-and-control function, or delegate such
function to another Federal agency, in the event that no competent State and
local authority is available to perform such function.
(d)
In any instance in which Federal personnel may be called upon to fill a
command-and-control function during a radiological emergency, in addition to
any other powers it may have, FEMA or its designee is authorized to accept
volunteer assistance from utility employees and other nongovernmental personnel
for any purpose necessary to implement the emergency response plan and facilitate
off-site emergency response.
Sec. 6. Implementation of
Order. (a) FEMA shall issue interim and final directives and procedures
implementing this Order as expeditiously as is feasible and in any event shall
issue interim directives and procedures not more than 90 days following the
effective date of this Order and shall issue final directives and procedures
not more than 180 days following the effective date of this Order.
(b)
Immediately upon the effective date of this Order, FEMA shall review, and
initiate necessary revisions of, all FEMA regulations, directives, and guidance
to conform them to the terms and policies of this Order.
(c)
Immediately upon the effective date of this Order, FEMA shall review, and
initiate necessary renegotiations of, all interagency agreements to which FEMA
is a party, so as to conform them to the terms and policies of this Order. This
directive shall include, but not be limited to, the Federal Radiological
Emergency Response Plan (50 Fed. Reg. 46542 (
(d)
To the extent permitted by law, FEMA is directed to obtain full reimbursement,
either jointly or severally, for services performed by FEMA or other Federal
agencies pursuant to this Order from any affected licensee and from any
affected nonparticipating or inadequately participating State or local
government.
Sec. 7. Amendments.
This Executive Order amends Executive Order Nos. 11490 (34 Fed. Reg. 17567 (
Sec. 8. Judicial Review.
This Order is intended only to improve the internal management of the Executive
branch, and is not intended to create any right or benefit, substantive or
procedural, enforceable at law by a party against the
Sec. 9. Effective Date.
This Order shall be effective
Ronald
Reagan
The
White House,
[Filed with the Office
of the Federal Register,