For comment: Procedure SA-112 Emergency Suspension of a 274b Agreement

Office of Nuclear Material Safety and Safeguards
Procedure Approval
Emergency Suspension of a Section 274b. Agreement
State Agreements (SA) Procedure SA-112

Issue Date:

March X, 2020

Review Date:

March X, 2025

Michael Layton
Director, NMSS/MSST

Date: 03/xx/2020

Leira Cuadrado
Branch Chief, MSST

Date: 03/xx/2020

Joe O’Hara
Procedure Contact, MSST

Date: 03/xx/2020

MLXXXXXXXXX

NOTE

Any changes to the procedure will be the responsibility of the NMSS Procedure Contact.
Copies of NMSS procedures are available through the NRC Web site at https://scp.nrc.gov

SA-112: Emergency Suspension of
a Section 274b. Agreement

I.

Page: 1 of 6
Issue Date:
3/xx/2020

INTRODUCTION
This procedure describes the process used by the U.S. Nuclear Regulatory Commission
(NRC) to temporarily suspend a State’s 274b. Agreement (Agreement) with the NRC
when an emergency situation exists requiring immediate action to protect public health
and safety, and the State is not able or has failed to take steps to contain or eliminate
the cause of danger within a reasonable time.

II.

OBJECTIVE
To provide the guidelines that will govern the NRC decisions to exercise the authority
contained in Section 274j.(2) of the Atomic Energy Act, as amended (Act).
Note: This procedure does not address the non-emergency situation in which there is
no immediate danger to the public health and safety. Guidelines for non-emergency
suspension are found in the Office of Nuclear Material Safety and Safeguards (NMSS)
Procedure SA-114, Suspension of a Section 274b. Agreement.

III.

IV.

BACKGROUND
A.

Section 274j.(2) of the Act, gives the Commission the authority to temporarily
suspend all or part of its Agreement with a State, without a hearing, when an
emergency situation exists requiring immediate action to protect public health and
safety, and the State has failed to take steps to contain or eliminate the cause of
danger within a reasonable time.

B.

The Commission will exercise this authority only during the period of the
emergency. Unless acting pursuant to the Governor's request, the NRC will notify
the Governor of the State prior to issuing the temporary suspension (see
Appendix A). The authority may be exercised with respect to all or part of the
State's Agreement.

ROLES AND RESPONSIBILITIES
A.

The Executive Director for Operations (EDO) is responsible for informing the
Commission when, based on NRC staff recommendations, an immediately
effective Emergency Suspension of a Section 274b. Agreement Order is issued
(see Appendix B) and for submitting a memorandum to the Commission detailing
the nature of the emergency situation and the actions taken to contain or eliminate
the danger (see Appendix C).

SA-112: Emergency Suspension of a Section 274b.
Agreement

V.

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Issue Date:
3/4/11

B.

NMSS is responsible for taking the lead in the preparation and coordination of a
Commission memorandum detailing the emergency suspension of the Agreement
in question. The Division of Materials Safety, Security, State, and Tribal Programs
(MSST) coordinates all follow-up suspension notifications, (e.g., to the Governor,
and All Agreement and Non-Agreement States).

C.

The Office of Public Affairs (OPA) is responsible for issuing a press release (see
Appendix D).

D.

The Office of Congressional Affairs (OCA) is responsible for notifying
Congressional committees (see Appendix E).

E.

The appropriate NRC Region is responsible for coordinating with the State so that
all necessary information is gathered and action is taken to notify all licensees
from the Agreement State radiation control program (see Appendices F and J).

GUIDANCE
A.

Minimum Criteria for Emergency Suspension
1. NRC may suspend an Agreement, pursuant to Section 274j.(2), in the case of
an emergency involving byproduct, source, or special nuclear material, when
the situation presents a danger to the public health and safety and the
Agreement State program is not able, or has not taken effective steps, to
eliminate the cause of the danger.
2. In evaluating emergency situations, the NRC will consider whether the
Agreement State has failed to take, or is prevented from taking, necessary
steps to protect the public health and safety. Factors that are appropriate for
consideration include:
a. The timeliness and adequacy of actions being taken by the State in
response to the emergency;
b. Whether the State can satisfactorily resolve the emergency situation; and
c. Whether the State is implementing, or is committed to implement, program
improvements to address the cause of the emergency situation.
3. The following types of conditions, if not appropriately addressed by the State
to prevent the danger, are examples that could result in a consideration of
emergency suspension:

SA-112: Emergency Suspension of a Section 274b.
Agreement

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Issue Date:
3/4/11

a. A condition or conditions that caused or could cause an individual or
individuals to receive a dose significantly in excess of those basic dose
limits set forth in Subpart C of 10 CFR Part 20;
b. Conditions that caused or could cause an individual to receive a dose
significantly in excess of those basic dose limits set forth in Subpart D of
10 CFR Part 20;
c. Conditions that caused, or could cause, individuals to receive a dose
significantly in excess of those dose limits applicable to a certain class of
licenses set forth in other parts of 10 CFR that Agreement States must
adopt under the Commission Policy Statement for Adequacy and
Compatibility, such as Part 35 limits for patient release;
d. Conditions that caused or could cause an individual to receive a dose
significantly in excess of the limits set forth in Table 2 to Appendix B of 10
CFR Part 20 resulting from radioactive contamination to the environment
(air, water, effluents); or
e. A pandemic or any other event (natural or man-made) that would prevent
or disrupt an Agreement State from being able to respond to a significant
event or to execute its Continuity of Operations (COOP) or Pandemic
Response Plan.

B.

i

In the event an Agreement State would need to execute its COOP
and/or Pandemic Response Plan, it is anticipated that the NRC will
need to be able to answer certain questions regarding any regulatory,
safety or security issues as the result of the COOP/Pandemic
situation. (See Appendix K for a listing of these questions).

ii

Establishing and maintaining an Agreement State COOP and/or
Pandemic Response plan is not a requirement under 274b.
Agreements; however, NRC would still need to be informed of this
occurrence and the State’s actions in order to respond to other
Federal/State agencies or Congressional inquiries.

Initiation of Emergency Suspension Action
1. If the Governor of a State requests that the NRC temporarily suspend part of
its Agreement, MSST should advise the State to make the request by a
telephone call to the EDO, in coordination with the Director, NMSS, or in off
hours, to the NRC Emergency Operations Center (EOC). Such a request
should include the specific nature of the emergency and its possible impacts.

SA-112: Emergency Suspension of a Section 274b.
Agreement

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Issue Date:
3/4/11

2. For events which may warrant consideration of emergency suspension, but for
which there is a reasonable basis for presumption that a State will
satisfactorily resolve the emergency situation, the Region will inform the State
of necessary actions that the State should take and that an emergency
suspension under Section 274j.(2) will not be issued.
3. To implement an emergency suspension in an efficient and effective manner,
NRC would need to collect the following information, at a minimum:
a. A list of licensees and locations of use;
b. A telephone or e-mail list of licensees in order to notify them of emergency
suspension; and,
c. The status of any amendments or new applications with immediate health
and safety consequences.

C.

4.

If this information cannot be obtained prior to or shortly after an emergency
suspension, NRC will use the National Source Tracking System (NSTS) to
identify and locate the licensees with risk-significant quantities of radioactive
and the Integrated Source Management Portfolio (ISMP).

5.

Emergency suspension should only be used for a short term. If the
emergency suspension will continue for an indefinite period, NRC will initiate
steps for a full suspension or termination of the 274b. Agreement (see NMSS
Procedure SA-114, Suspension of a Section 274b. Agreement, and NMSS
Procedure SA-115, Termination of a Section 274b. Agreement).

Withdrawal of Emergency Suspension
1. When the emergency situation is contained or eliminated, the EDO will lift the
suspension by notifying the Governor of the State, in writing, that the
emergency suspension is no longer in effect (see Appendix G).
2. OPA is responsible for issuing a press release (see Appendix H).
3. OCA is responsible for notifying Congressional committees (see Appendix I).
4. The appropriate NRC Region will notify the affected licensees or groups of
licensees in the State that the emergency suspension is no longer in effect
(see Appendix J).
5. NMSS will inform the State of continuing actions which the State must carry
out in order to prevent another emergency.

SA-112: Emergency Suspension of a Section 274b.
Agreement
D.

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Issue Date:
3/4/11

Impact of the Emergency Suspension
Depending on a State’s ability to address the condition that precipitated the
emergency suspension, the Management Review Board (MRB) will evaluate the
Agreement State's continued ability to protect public health and safety. The MRB
will consider whether it may be necessary to place the State on heightened
oversight (see NMSS Procedure SA-122, Heightened Oversight and Monitoring).

VI.

APPENDICES
Appendix A - Sample Notification to the Governor of [State] of Emergency Suspension
Appendix B - Sample Order Temporarily Suspending 274b. Agreement
Appendix C - Sample Memorandum to the Commission Regarding the Emergency
Suspension of All or Part of an Agreement
Appendix D - Sample Press Release
Appendix E - Sample Congressional Letter on Emergency Suspension
Appendix F - Sample Letter to Affected Agreement State Licensees regarding the
Emergency Suspension
Appendix G - Sample Notification of Lifting Suspension
Appendix H - Sample Press Release on Lifting Temporary Suspension
Appendix I - Sample Congressional Letter on Lifting Temporary Suspension
Appendix J - Sample Letter to Affected Agreement State Licensees on Lifting
Temporary Suspension
Appendix K- Questions to be asked in the event of Continuity of Operations or
Pandemic Plan Execution

VII.

REFERENCES
1.
2.
3.
4.

NMSS Procedure SA-106, The Management Review Board (MRB)
NMSS Procedure SA-114, Suspension of a Section 274b. Agreement
NMSS Procedure SA-115, Termination of a Section 274b. Agreement
NMSS Procedure SA-122, Heightened Oversight and Monitoring

SA-112: Emergency Suspension of a Section 274b.
Agreement
VIII.

Page: 6 of 6
Issue Date:
3/4/11

ADAMS REFERENCE DOCUMENTS
For knowledge management purposes, all previous revisions of this procedure, as well
as associated correspondence with stakeholders, that have been entered into ADAMS
are listed below.

No.

Date

Document Title/Description

Accession Number

1
2

7/18/02
2/22/07

STP Procedure SA-112
FSME-07-020, Opportunity to Comment on Draft
Revisions to FSME Procedure SA-112

ML023020536
ML070570341

3

2/22/07

FSME Procedure SA-112, Draft Revision

ML070570359

4

9/25/07

FSME-07-089, Final FSME Procedure SA-112

ML072700496

5

9/25/07

FSME Procedure SA-112

ML072510003

6

9/25/07

Redline/Strikeout Copy

ML072510004

7

9/25/07

Resolution of Comments

ML072610485

8

11/08/10

FSME-10-093, Opportunity to Comment on Draft
Revisions to FSME Procedures SA-112 and SA-114

ML103070271

Appendix A
Sample Notification to the Governor of [State] of Emergency
Suspension
Dear Governor [Name]:
As you are aware, Section 274j.(2) of the Atomic Energy Act gives the U.S. Nuclear
Regulatory Commission (NRC) the authority to temporarily suspend all or part of its Agreement
with a State without notice or hearing if an emergency situation exists requiring immediate
action to protect public health and safety and the State fails to take steps to contain or eliminate
the cause of danger within reasonable time. NRC is invoking this authority since it has found a
situation in your State that presents an [choose the pertinent reason or reasons] immediate,
significant, or unacceptable threat to the public health and safety which necessitates immediate
suspension of [all or part] of the Agreement.
[This section should provide a brief description of the situation. Provide pertinent
information as to how the situation came to the NRC's attention, the State's action in response,
etc. Describe briefly the steps taken by the NRC which led it to suspend all or part of the State's
Agreement.]
When the emergency situation is contained or eliminated, NRC will consider whether to
lift the suspension. Such a decision will be based on the NRC's determination that the
conditions which initiated the emergency suspension no longer exists. The NRC will notify
[name the appropriate State office] of continuing actions which the State must implement to
prevent another emergency.
The Order will be issued immediately. [Inform the State of the timing for any press
releases or correspondence with Congressional Committees, if appropriate.]
Sincerely,

Chairman

Appendix B
Sample Order Temporarily Suspending 274b. Agreement
UNITED STATES NUCLEAR REGULATORY COMMISSION
In the Matter of
[Name of State]
[Agreement State Program]
ORDER TEMPORARILY SUSPENDING 274b. AGREEMENT
(EFFECTIVE IMMEDIATELY)
I
[Set forth the name of the Agreement State program and background information as to when the
program was initiated, what type of agreement materials are covered, and the authority of the
Commission and the Governor of the particular State to enter into this type of agreement. In
addition, the authority of the Commission to temporarily suspend the Agreement State program,
effective immediately, should be stated. The following is provided as a sample discussion for
this section].
On [Date], the State of [Name] entered into an agreement (Agreement) with the U.S. Nuclear
Regulatory Commission (NRC or Commission) pursuant to Section 274 of the Act of 1954, as
amended (Act), 42 U.S.C. Section 2021. The Agreement discontinued the NRC's regulatory
authority within the State of [Name] with respect to [byproduct material as defined in Section
11e.(1) of the Act (radioisotopes) and/or byproduct material as defined in Section 11e.(2) of the
Act (mill tailings or wastes) and/or byproduct material as defined in Section 11e.(3) of the Act
and/or byproduct material as defined in Section 11e.(4) of the Act and/or source material
(uranium and thorium) and/or special nuclear material (uranium 233, uranium 235 and
plutonium) in quantities not sufficient to form a critical mass and/or permanent disposal of
low-level waste containing one or more of the materials stated above but not including mill
tailings]. The Agreement authorized the State of [Name] to regulate these materials for the
protection of public health and safety.
II
[This section should provide a description of relevant events, facts, violations, technical or legal
reasons that provide the substantive basis for issuing the Order. The following example is
provided as a sample text for this section.]
The Commission has determined that an emergency situation exists in the State of [Name].
[NRC discovered this situation as a result of (phone call, allegation letter, etc.)] or [Provide
reasons for NRC's finding.] [Provide any appropriate additional information regarding the
emergency situation.]

The Commission has determined that due to [facts requiring implementation of Section 274j.(2)],
an emergency situation exists which requires immediate action by the Commission to protect
the health and safety of [description of the public impacted]. The Commission has also
determined that the State of [Name] has failed to take steps necessary to contain or eliminate
the cause of danger within a reasonable time. This latter finding is based on [facts pertaining to
State's failure to contain or eliminate the cause of the emergency situation]. The Commission
has notified the Governor of [State] of its intention to issue this emergency suspension order.
III
[This section should provide the justification for issuing the Order, in light of the facts described
in Section II. The following example is provided as a sample text for this section].
Section 274j.(2) of the Act authorizes the Commission, upon its own initiative or upon the
request of the Governor of any State, to temporarily suspend all or part of its Agreement with
the State without notice or hearing if, in the judgment of the Commission, an emergency
situation exists with respect to any material covered by such an Agreement creating danger
which requires immediate action to protect the health and safety of persons either within or
outside of the State, and the State has failed to take steps necessary to contain or eliminate the
cause of the danger within a reasonable time after the situation arose. A temporary suspension
of the Agreement under Section 274j.(2) of the Act shall remain in effect for such time as the
emergency situation exists. During the period of temporary suspension, the Commission is
authorized to exercise its authority only to the extent necessary to contain or eliminate the
danger.
The NRC must be able to rely on [State's] Agreement State program to adequately protect
public health and safety. The facts and the circumstances enumerated in Section II of this
Order, in the judgment of the Commission, lead to an emergency situation with respect to
materials regulated pursuant to the Act. Immediate action is necessary to protect public health
and safety. The State of [State] has failed to take the steps necessary to contain or eliminate
the cause of the danger to public health and safety. Therefore, the public health and safety
require that the Agreement [or portions identified] [or facility] between the Commission and
[State] be temporarily suspended. Furthermore, pursuant to Section 274j.(2) of the Act, I find
that the public health, safety, and interest requires that this Order be immediately effective.
IV
Accordingly, pursuant to Sections 161b, 161c, 161i, 161o, and 274 of the Act, IT IS HEREBY
ORDERED THAT THE AGREEMENT [or portion of the Agreement] BETWEEN THE
COMMISSION AND [State], DATED [date], IS TEMPORARILY SUSPENDED, EFFECTIVE
IMMEDIATELY, AS FOLLOWS:
A.

[IDENTIFY PART OF AGREEMENT AFFECTED AND MATERIAL AFFECTED];

B.

[IDENTIFY WHAT ACTIONS THE STATE MUST DO TO COME INTO COMPLIANCE
WITH COMMISSION REQUIREMENTS AND WHEN];

C.

[IDENTIFY WHAT MUST HAPPEN TO REINSTATE THE AGREEMENT].
FOR THE NUCLEAR REGULATORY COMMISSION

Executive Director for Operations

Dated at Rockville, Maryland this day of

, [YEAR]

Appendix C
Sample Memorandum to the Commission Regarding the
Emergency Suspension of All or Part of an Agreement
MEMORANDUM TO:

Chairman [Name]
Commissioner [Name]
Commissioner [Name]
Commissioner [Name]
Commissioner [Name]

FROM:

Executive Director for Operations

SUBJECT:

ISSUANCE OF AN ORDER TO TEMPORARILY SUSPEND THE
[STATE'S NAME] AGREEMENT

The enclosed Order was issued to [State] on [Date], temporarily suspending [State's Name]
Agreement with the U.S. Nuclear Regulatory Commission pursuant to Section 274b. of the
Atomic Energy Act. The Order is effective immediately over [identify part of agreement affected
and material affected].
The staff has determined that an emergency situation exists in the State of [Name]. [The staff
became aware of this situation as a result of (phone call, allegation letter, etc.)] or [Provide
reasons for the staff's finding.] [Provide any appropriate additional information regarding the
emergency situation.]
The staff has determined that due to [provide the facts requiring implementation of Section
274j.(2)], an emergency situation exists which requires immediate action by the Commission to
protect the health and safety of [description of the public impacted]. The staff has also
determined that [State's Name] has failed to take steps necessary to contain or eliminate the
cause of the emergency situation within a reasonable time. This latter finding is based on [facts
pertaining to State's failure to contain or eliminate the cause of the emergency situation].
The Governor of [State] has been notified of this action. In addition, the staff's efforts have been
coordinated with Governor [Name] and his/her staff. A press release will be issued. Letters to
the appropriate Congressional committees will be sent. A letter notifying the affected State
licensees will be sent by the Regional Office.
Enclosure:
Order to [State]

Appendix D
Sample Press Release
NRC ISSUES ORDER TO TEMPORARILY SUSPEND
THE [STATE'S NAME] REGULATORY AUTHORITY
The U.S. Nuclear Regulatory Commission (NRC) is temporarily suspending [State's
Name] regulatory authority over [identify part of Agreement affected and material affected].
The action, which is effective on [Date], is being taken in order to ensure that public
health and safety will be protected. An emergency situation exists in [State's Name] due to
[facts requiring implementation of Section 274j.(2)].
Under Section 274 of the Atomic Energy Act of 1954, as amended (Act), individual
States can assume part of the NRC's regulatory authority over the possession and use of
byproduct, source, and special nuclear materials. In order to effect and maintain such a transfer
of authority, the State must demonstrate that its program is adequate to protect the public health
and safety and is also compatible with the Commission's program for regulating those materials.
The Act also authorizes NRC to temporarily suspend all or part of its Agreement with the
State without notice or hearing if an emergency situation exists with respect to any material
covered by such an Agreement creating danger which requires immediate action to protect the
health and safety of persons. In order to take such action, the Commission must also determine
that the State has failed to take steps necessary to contain or eliminate the cause of the danger
within a reasonable time after the situation arose. A temporary suspension of the Agreement
shall remain in effect for such time as the emergency situation exists. During the period of
temporary suspension, the Commission is authorized to exercise its authority only to the extent
necessary to contain or eliminate the danger.
Licensees in [State's Name] are being advised of NRC's action in an Order dated [Date]. In the
meantime, the affected [State's Name] licenses, as currently issued, will remain in effect under
NRC's authority.

Appendix E
Sample Congressional Letter on Emergency Suspension
[Appropriate Congressional Oversight Committee]
Dear Mr. Chairman:
The U.S. Nuclear Regulatory Commission (NRC) has issued the enclosed Order, effective
immediately, dated [Date], to temporarily suspend [State]’s regulatory authority over [identify
part of Agreement affected and material affected]. The action is being taken in order to ensure
that public health and safety will be protected. The Commission is taking this action pursuant to
its authority under Section 274j. of the Atomic Energy Act. An emergency situation exists in
[State] due to [facts requiring implementation of Section 274j.(2)].
Licensees in [State] are being advised of NRC's action in an Order dated [date]. The affected
[State] licenses, as currently issued, will remain in effect under NRC's authority. We are also
issuing a press release.
The temporary suspension of [State's] Agreement will be lifted when [identify what will be
necessary to contain or eliminate the danger].
Sincerely,

Director
Office of Congressional Affairs
Enclosure:
Order to Temporarily Suspend

Appendix F
Sample Letter to Affected Agreement State Licensees
Regarding the Emergency Suspension
To [STATE] Licensees:
The U.S. Nuclear Regulatory Commission (NRC) has issued an Order, effective immediately,
dated [Date], to temporarily suspend [State's] regulatory authority over [identify part of
agreement affected and material affected]. The action is being taken in order to ensure that
public health and safety will be protected. An emergency situation exists in [State] due to [facts
requiring implementation of Section 274j.(2)].
Your [affected State] licenses, as currently issued, will remain in effect under NRC's authority
[except for modifications necessary to contain or eliminate the danger]. The temporary
suspension of [State's] Agreement will be lifted when [identify what will be necessary to contain
or eliminate the danger].
Any questions or concerns regarding NRC’s emergency suspension should be addressed to
[Appropriate Regional Contact].
Sincerely,

Regional Administrator

Appendix G
Sample Notification of Lifting Suspension
Dear Governor [Name]:
As you are aware, under Section 274 of the Atomic Energy Act of 1954, as amended, the U.S.
Nuclear Regulatory Commission (NRC) is authorized to temporarily suspend all or part of its
Agreement with the State without notice or hearing if an emergency situation exists with respect
to any material covered by such an Agreement creating danger which requires immediate action
to protect the health and safety of persons, and the State has failed to take steps necessary to
contain or eliminate the cause of the danger within a reasonable time after the situation arose.
A temporary suspension of the Agreement shall remain in effect for such time as the emergency
situation exists. During the period of temporary suspension, the Commission is authorized to
exercise its authority only to the extent necessary to contain or eliminate the danger.
The NRC issued an immediately effective Order dated [Date], to temporarily suspend [State]
regulatory authority over [identify part of Agreement affected and material affected]. The action
was taken in order to ensure that public health and safety would be protected. An emergency
situation existed in [State] due to [facts requiring implementation of Section 274j.(2)].
The Commission has determined that the emergency situation which necessitated NRC's action
no longer exists. Therefore, the Agreement between the Commission and [State] has been
reinstated. The State must continue to [describe the continuing actions which the State must
carry out in order to prevent another emergency].
If you have any questions, please contact me, or your staff may contact [Name], Director, Office
of Nuclear Material Safety and Safeguards, at [telephone number].
Sincerely,

Executive Director for Operations

Appendix H
Sample Press Release on Lifting Temporary Suspension
U.S. NUCLEAR REGULATORY COMMISSION IS LIFTING THE TEMPORARY EMERGENCY
SUSPENSION OF THE [STATE'S NAME] REGULATORY AUTHORITY
The U.S. Nuclear Regulatory Commission (NRC) is terminating the temporary suspension of
[State's Name] regulatory authority over [identify part of Agreement affected and material
affected]. This action is effective on [Date].
On [Date] the NRC issued an immediately effective Order dated [Date], to temporarily suspend
[State] regulatory authority over [identify part of Agreement affected and material affected]. The
action was taken in order to ensure that public health and safety would be protected. An
emergency situation existed in [State] due to [facts requiring implementation of Section 274j.(2)].
Under Section 274 of the Atomic Energy Act of 1954, as amended, the NRC is authorized to
temporarily suspend all or part of its Agreement with the State without notice or hearing if an
emergency situation exists with respect to any material covered by such an Agreement creating
danger which requires immediate action to protect the health and safety of persons, and the
State has failed to take steps necessary to contain or eliminate the cause of the danger within a
reasonable time after the situation arose.
A temporary suspension of the Agreement shall remain in effect for such time as the emergency
situation exists. During the period of temporary suspension, the Commission is authorized to
exercise its authority only to the extent necessary to contain or eliminate the danger.
The Commission has determined that the emergency situation which necessitated NRC's action
no longer exists. Therefore, the Agreement between the Commission and [State] has been
reinstated. The State must continue to [describe the continuing actions which the State must
carry out in order to prevent another emergency].

Appendix I
Sample Congressional Letter on Lifting Temporary
Suspension
[Appropriate Congressional Oversight Committees]
Dear Mr. Chairman:
The U.S. Nuclear Regulatory Commission (NRC) is terminating the temporary suspension of
[State's Name] regulatory authority over [identify part of Agreement affected and material
affected]. This action is effective on [Date].
The Commission has determined that the emergency situation which necessitated NRC's action
no longer exists. Therefore, the Agreement between the Commission and [State] has been
reinstated. The State must continue to [describe the continuing actions which the State must
carry out in order to prevent another emergency].
Sincerely,

Director
Office of Congressional Affairs

Appendix J
Sample Letter to Affected Agreement State Licensees on
Lifting Temporary Suspension
To [STATE] Licensee:
The U.S. Nuclear Regulatory Commission (NRC) is terminating the temporary suspension of
[State's Name] regulatory authority over [identify part of Agreement affected and material
affected]. This action is effective on [Date].
The Commission has determined that the emergency situation which necessitated NRC's action
no longer exists. Therefore, the Agreement between the Commission and [State] has been
reinstated and your [affected State] license will remain in effect as it was issued prior to the
temporary suspension.
If you have any questions or concerns regarding this action please contact [Appropriate
Regional Contact].
Sincerely,

Regional Administrator

Appendix K
Questions to be asked in the event of Continuity of
Operations or Pandemic Plan Execution
The questions listed below are those that NRC anticipates asking of the Agreement States
upon: (1) NRC notification to the Agreement States upon activation of NRC’s Continuity of
Operations (COOP)/Pandemic Response Plan, and (2) notification to NRC by an Agreement
State upon activation of their State’s COOP and/or Pandemic response plan:
1. Has the State Government or the Radiation Control Program activated its COOP or
Pandemic Response Plan? If so, when? If not, will the State notify the NRC upon
activation of its plan?
2. Who is the State COOP or Pandemic Response Plan point of contact for radiation
protection issues? Please provide contact information and 24/7 number, if available.
3. Is the State currently able to conduct critical regulatory and radiation protection
functions* with respect to radioactive material? (Has the State defined their critical
functions?)
4. Does the State need or request NRC assistance at this time?
5. Is the State monitoring or has the State reached out Category 1 and 2 licensees to
inquire and obtain assurances regarding the safety and security of licensed materials?
6. Are you currently aware of (or do you anticipate) any problems with continued local law
enforcement agency (LLEA) response to support increased control of radioactive
materials?
7. Are you currently aware of (or do you anticipate) any impacts to medical licensees’
ability to perform procedures involving radioactive materials?
8. Are you currently aware of (or do you anticipate) any impact to the transportation and
shipment of medical use radioactive materials?
9. Are you currently aware of (or do you anticipate) any other potential issues affecting
health and safety or security of radioactive materials?
*NRC considers critical or essential functions as those functions that must be continued
throughout, or resumed rapidly after, a disruption of normal activities, in order to maintain public
health and safety. These are things such as incident assessment and response, reactive
inspections for events, and emergency orders or licensing actions that cannot be reduced or
postponed. The NRC engaged in a process with the Federal government to define those
functions according to federal standards [Ref: Federal Continuity Directive (FCD) 2, “Federal
Executive Branch Mission Essential Functions and Candidate Primary Mission Essential
Functions Identification and Submission Process”, dated June 13, 2017, issued by U.S.
Department of Homeland Security (DHS)].