15-1020_SOUTHERN CALIFORNIA EDISON_F9_Agenda ReportTO:
FROM:
DATE:
SUBJECT:
City of San Juan Capistrano
Agenda Report
Honorable Mayor and Members of the City /2
David Ott, Interim Assistant City Manager y·u
October 20, 2015
10/20/2015
F9
Consideration of Approval of a Memorandum of Understanding for
Support of Radiological Emergency Planning, Response and Recovery
Related to the San Onofre Nuclear Generating Station (SONGS) with
Southern California Edison, the counties of Orange and San Diego, the
cities of San Juan Capistrano, San Clemente, and Dana Point
RECOMMENDATION:
By motion, approve a Memorandum of Understanding for support of radiological
emergency planning, response and recovery related to the San Onofre Nuclear
Generating Station (SONGS) with Southern California Edison, the counties of Orange
and San Diego, the cities of San Juan Capistrano, San Clemente, and Dana Point
EXECUTIVE SUMMARY:
The purpose of this Memorandum of Understanding ("MOU") is to document the mutual
agreement of all signatory parties to continue collaborative and cooperative
management of the radiological emergency preparedness, planning, response and
recovery activities related to the San Onofre Nuclear Generating Station (SONGS) and
to outline a cooperative funding agreement between the cities of San Juan Capistrano,
San Clemente, and Dana Point, the counties of Orange and San Diego, and Southern
California Edison (SCE) for such activities.
DISCUSSION/ANALYSIS:
SONGS consists of nuclear power generating facilities known as Units 1, 2 and 3 and
associated structures, owned by four entities: the cities of Riverside and Anaheim, San
Diego Gas & Electric (SDG&E), and Southern California Edison (SCE, the Owner-
Operator and agent for the other owners).
SONGS Unit 1 was shut down in 1992. SONGS Units 2 and 3 were shut down in 2013.
Spent fuel from Units 1, 2, and 3 is stored on-site in Spent Fuel Pool buildings and in
City Council Agenda Report
October 20, 2015
Pa e 2 of 3
the Independent Spent Fuel Storage Installation (ISFSI) located in the area previously
occupied by SONGS Unit 1. SCE anticipates storing spent nuclear fuel and
radiologically contaminated materials on-site until SONGS is decontaminated and
dismantled. The most recently approved decommissioning cost estimate projects that
the Department of Energy (DOE) will commence picking up spent fuel from the nuclear
industry in 2024, complete spent fuel removal from SONGS by 2049, on-site ISFSI
demolition completed by September 2051 and final site restoration and easement
termination by December 2051.
Notwithstanding the changes in the SONGS status, there is a need to continue assuring
interagency coordination for emergency planning, training, and exercises between SCE
and local government agencies during the decommissioning process and in relation to
spent fuel stored on site.
Previously, local government members were reimbursed by SCE for expenses incurred
for such activities through a trust fund administered by the State of California; however,
with the change in SONGS status from an operating facility to a decommissioning
facility, this trust fund process is no longer available.
SCE recognizes the need for continued onsite radiological emergency preparedness
planning during the decommissioning of SONGS. SCE has agreed to provide funding
directly to the local jurisdictions that are signatories to this MOU for the local
jurisdictions to continue planning for radiological emergencies.
The three cities are within the original emergency planning zone of SONGS. The cities
recognize the need to develop a common operational system that will provide a
coordinated and effective multi-jurisdictional emergency response should an emergency
occur at SONGS. The California Emergency Services Act provides the basis for the
emergency preparedness programs of counties and cities. City jurisdictions are
responsible for providing continuity of effective leadership and authority, direction of
emergency operations, and management of recovery within the jurisdictions. The
permanent solution for spent nuclear fuel storage will be to remove all spent nuclear fuel
from SONGS to an offsite repository.
This MOU will be effective as of the date signed by the City Clerk of each public
jurisdiction.
FISCAL IMPACT:
SCE is committed to providing funding for these activities, as it has in the past, as more
specifically stated herein.
Utilizing the 2015-2016 fiscal year (FY) baseline budget, SCE agrees to fund the local
jurisdictions that are signatories to this MOU as follows:
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October 20, 2015
Pa e 3 of 3
FY 2015/2016 Baseline Budget
• Orange County: $853,000
• San Diego County: $325,600
• City of San Clemente: $193,600
• City of Dana Point: $193,600
• City of San Juan Capistrano: $193,600
The amounts referenced above shall be adjusted annually based upon the Consumer
Price Index.
SCE will provide funding at these levels until the later of fiscal year end 2019-2020 or
when all spent fuel has been removed from the Spent Fuel Pools.
This agreement will remain in effect until the later of fiscal year end 2019-2020 or when
all spent fuel has been removed from the SONGS Spent Fuel Pools. However there will
be a "Glide-down" period for FY 2020-2021 (75% funding) and FY 2021-2022 (50%
funding). During the Glide-down period a successor MOU will be negotiated.
ENVIRONMENTAL IMPACT:
Not applicable.
PRIOR CITY COUNCIL REVIEW:
Not applicable.
COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS:
Not applicable.
NOTIFICATION:
Kelli A. Gallion
Emergency Planning Manager
San Onofre Nuclear Generating Station
Thomas Whaling
ATTACHMENT(S):
Attachment 1 -MOU for Support of Radiological Emergency Planning and Response
MOU Between Local Jurisdictions and Southern California Edison
MEMORANDUM OF UNDERSTANDING
FOR SUPPORT OF RADIOLOGICAL EMERGENCY
PLANNING AND RESPONSE
1
ATTACHMENT 1
MOU Between Local Jurisdictions and Southern California Edison
PURPOSE
This Memorandum of Understanding is entered into by and among Southern California
Edison (SCE), the counties of Orange and San Diego and the three cities of San
Clemente, San Juan Capistrano and Dana Point. The purpose of this "MOU" is to
document the mutual agreement of all signatory parties to continue collaborative and
cooperative management of the radiological emergency preparedness, planning,
response and recovery activities related to the San Onofre Nuclear Generating Station
(SONGS) and to outline a cooperative funding agreement between the signatory local
governments and SCE for such activities.
I. BACKGROUND
A. SONGS
SONGS consists of nuclear power generating facilities known as Units 1,
2 and 3 and associated structures, owned by four entities: the cities of
Riverside and Anaheim, San Diego Gas & Electric (SDG&E), and
Southern California Edison (SCE, the Owner-Operator and agent for the
other owners).
SONGS Unit 1 was shut down in 1992. SONGS Units 2 and 3 were shut
down in 2013. Spent fuel from Units 1, 2, and 3 is stored on-site in Spent
Fuel Pool buildings and in the Independent Spent Fuel Storage Installation
(ISFSI) located in the area previously occupied by SONGS Unit 1. SCE
anticipates storing spent nuclear fuel and radiologically contaminated
materials on-site until SONGS is decontaminated and dismantled. The
most recently approved decommissioning cost estimate projects that the
Department of Energy (DOE) will commence picking up spent fuel from
the nuclear industry in 2024, complete spent fuel removal from SONGS by
2049, on-site ISFSI demolition completed by September 2051 and final
site restoration and easement termination by December 2051.
B. Radiological Emergency Planning and Response
The Nuclear Regulatory Commission (NRC) accepted the SONGS
Permanently Defueled Emergency Plan (PDEP) in June 2015. Due to the
change in its operating status, SONGS has transitioned from its
Emergency Operations Plan to the PDEP.
Notwithstanding the changes in the SONGS status, the Parties agree that
the local jurisdictions should continue assuring interagency coordination
for emergency planning, training, and exercises between SCE and local
government agencies during the decommissioning process and in relation
to spent fuel stored on site.
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MOU Between Locai.Jurisdictions and Southern California Edison
There are seven primary lnterjurisdictional Planning Committee (IPC)
members: Counties of Orange and San Diego; the Cities of Dana Point,
San Juan Capistrano and San Clemente; Camp Pendleton; California
State Parks; and SCE. IPC members recognize that the decommissioning
and dismantling process triggers changes to the emergency planning and
response required for SONGS. As discussed in Section Ill, Cooperative
Actions, IPC members intend to remain actively engaged in radiological
emergency planning as long as there is spent nuclear fuel or materials on-
site at SONGS.
Previously, IPC local government members were reimbursed by SCE for
expenses incurred for such activities through a trust fund administered by
the State of California; however, with the change in SONGS status from
an operating facility to a decommissioning facility, this trust fund process is
no longer available.
II. AUTHORITIES AND REFERENCES
The structure of the IPC and its duties are codified in the California Health
and Safety Code 114650 to establish a mechanism for coordinating
integrated preparedness and response in the event of an emergency at
SONGS. The duties of each Local Agency for radiological emergency
planning described in Health and Safety Code 114650 are implemented
through each local agency's emergency plans and/or annexes. Those
plans are incorporated by this reference into this MOU.
Government code 8610 sets forth the amount of funds local jurisdictions
have received for costs associated with radiological emergency planning,
specifically related to SONGS.
Local government jurisdictions adhere to the Federal Emergency
Management Agency (FEMA) Comprehensive Preparedness Guidance
(CPG) 101 in the development of their emergency planning, training, and
exercises.
All Parties have been guided by the FEMA "Criteria for Preparation and
Evaluation of Radiological Emergency Response Plans and Preparedness
in Support of Nuclear Power Plants" (NUREG-0654).
Ill. PARTIES
This MOU has been developed in collaboration with SCE, the Counties of Orange and
San Diego and the Cities of Dana Point, San Clemente and San Juan Capistrano
(hereinafter, the "Parties"). The counties of Orange and San Diego and the three cities
of San Clemente, San Juan Capistrano and Dana Point are referred to in this MOU as
the "Local Jurisdictions".
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MOU Between Local ,Jurisdictions and Southern California Edison
A. County of Orange and County of San Diego
Each County is authorized to provide for the planning, organization,
coordination and direction of disaster response services before, during,
and after a disaster. Such authority is granted by the California
Emergency Services Act, State of California Emergency Plan, State of
California Master Mutual Aid Plan, county emergency ordinances, county
emergency plans, and other cooperative agreements. The purpose of
effective emergency planning is to provide for the immediate protection of
community members, property, and the environment within Orange
County and San Diego County and provide for the repair and restoration
of essential services and systems.
Officials from Orange and San Diego Counties agree that the long term
solution for spent nuclear fuel storage will be to remove all spent nuclear
fuel from SONGS to an offsite repository. The Board of Supervisors of the
County of San Diego and the Board of Supervisors of the County of
Orange reserve any rights that they may have to take action to support
and facilitate the expedited removal of the spent nuclear fuel from
SONGS.
B. City of Dana Point, City of San Clemente, and City of San Juan
Capistrano
These cities are within the original emergency planning zone of SONGS.
The cities recognize the need to develop a common operational system
that will provide a coordinated and effective multi-jurisdictional emergency
response should an emergency occur at SONGS. The California
Emergency Services Act provides the basis for the emergency
preparedness programs of counties and cities. City jurisdictions are
responsible for providing continuity of effective leadership and authority,
direction of emergency operations, and management of recovery within
the jurisdictions.
Officials from the Cities of San Clemente, Dana Point and San Juan
Capistrano agree that the long term solution for spent nuclear fuel storage
will be to remove all spent nuclear fuel from SONGS to an offsite
repository.
C. Southern California Edison
SCE has the primary responsibility for the management of all onsite
activities, emergency response, and coordination with offsite jurisdictions
as defined by the SONGS Emergency Plan. SCE will continue to support
offsite radiological emergency preparedness by funding radiological
emergency planning for the jurisdictions outlined in this MOU, and
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MOU Between Local Jurisdictions and Southern California Edison
maintaining the Community Siren System in the near term.
IV. ASSOCIATE MEMBERS
Capistrano Unified School District (CUSD) will continue to act as a
supporting agency to the signatory local governments and will serve as an
associate member of the I PC. The CUSD is responsible for the protection
and safety of all school children in their district.
Orange County Fire Authority (OCFA) and Oceanside Fire Department will
continue to act as supporting agencies to the signatory local governments
and will serve as associate members of the IPC. These agencies are
responsible for supporting the Off-site Dose Assessment Team with
radiological monitoring teams.
The Orange County Health Care Agency will continue to provide support
to the Offsite Dose Assessment Center and to the Orange County
Emergency Operations Center. Additionally, the Orange County Health
Care Agency will play an integral role with any decontamination centers
required as the result of an incident at SONGS.
San Diego County Department of Environmental Health will continue to
act as supporting agency to the signatory local governments. The
Department of Environmental Health is responsible for supporting the Off-
Site Dose Assessment Team. In addition, it provides a cadre of trained
radiation monitors and detection equipment to support the response to a
radiation incident at SONGS. A third responsibility of the Department of
Environmental Health would be to staff any decontamination centers that
might be required as a result of an incident at SONGS.
Hazardous Incident Response Team (HIRT) is the San Diego region's
hazardous materials team. All team members are trained radiological
monitors and they would supplement the radiological monitoring teams
provided by Oceanside Fire Department and the Department of
Environmental Health.
V. COOPERATIVE ACTIONS
The Local Jurisdictions recognize the efforts of SCE to manage the safe
decommissioning of SONGS and that the Local Jurisdictions agree that the
funding provided for in Section VI of this MOU will be used for the following
ongoing cooperative emergency planning and response actions described in the
local jurisdictions emergency plans and/or annexes:
A. Near Term IPC Local Government Members Operational Commitment
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MOU Between Local Jurisdictions and Southern California Edison
The Local Jurisdictions will communicate and coordinate any joint
emergency planning activities through the IPC based on current spent
nuclear fuel in the pools and dry cask storage.
The SONGS PDEP no longer requires certain emergency response
requirements of SCE. The County of Orange will use the funding provided
for in this MOU to assume some of these responsibilities, including
maintaining the capabilities of its Emergency Operations Center, Joint
Information System, and accepting the responsibility for offsite emergency
communications.
Local jurisdictions will continue to support radiological emergency planning
and response in a variety of ways. Local jurisdictions and SCE recognize
their obligation to the community to maintain radiological emergency
preparedness and response capability throughout the decommissioning
process. Public education and public information sharing will be ongoing
for years. Local jurisdictions will continue to attend public meetings and
speak on behalf of their agencies and the IPC. Additional radiological
emergency preparedness activities during decommissioning may include:
Planning
• Updating the radiological emergency plan every two years and
managing radiological related activities throughout the year
• Activating IPC jurisdictions' Emergency Operations Centers in a
manner consistent with each government jurisdiction's emergency
plans
• Reviewing and adopting integrated emergency plan and policy
revisions through the IPC
o Transportation planning for permanent relocation of dry cask
storage
• Continued planning for other hazards which pose a potential impact
to SONGS
• Supporting the IPC
Training
o Continued development and maintenance of joint policies
and procedures
• Including the development of an lnterjurisdictional
Policy to address NPP funding guidance similar to the
"NPP Funding Policy and Procedures Guidance"
dated March 2008 issued by Cal OES.
• Providing on-going training for Emergency Operations Center
personnel related to a radiological response
• Training and maintaining the response capabilities of the Offsite
Dose Assessment Teams and first responders with responsibilities
to respond near or into the SONGS site
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MOU Between Local Jurisdictions and Southern California Edison
• Training and maintaining the response capabilities of the IPC
SONGS Command Center Liaison
• Maintaining dedicated and trained city and county emergency
response personnel (emergency management, fire, law, public
health)
• Attend training and maintain equipment related to security and local
law enforcement response to a hostile action at SONGS
Exercises
• Participation by Orange County, San Diego County, Camp
Pendleton and the California Office of Emergency Services (Cal
OES) 24/7 warning point in SONGS drills and exercises if
requested by SONGS.
• Emergency preparedness exercises and communications drills
o Testing of Notification Procedures
o Exercising the joint information management system which
would be related to a large scale emergency involving
SONGS, even without a release
o Scenario-based exercises for both design-basis and beyond-
design basis accidents
Communication
• Maintaining Emergency Operations Center communication
capability
• Maintaining and using local government agencies' alert and
notification methods to ensure ongoing capabilities of notifying
community members and emergency responders of an active
emergency situation at SONGS
• Alert and Warning
o Emergency Notification process will require the provision of
a 24/7 warning point with trained operators
o Emergency preparedness exercises and communications
drills
o Capability to provide emergency information and public
information to community members, including the use of the
Emergency Alert System and the AlertOC program
• Assuming maintenance and management of the integrated siren
system
o Continued community effort regarding siren use and
community response actions
Equipment
• Calibrating and maintaining radiological monitoring equipment
owned and maintained by local government agencies
o Maintaining all additional radiological response equipment
stored at a secure facility
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MOU Between Local Jurisdictions and Southern California Edison
• Purchasing supplies to support emergency operations and public
information
• Maintaining SONGS specific incident management systems such
as WebEOC
Public Education
• Ongoing public education and community liaison
o Town hall meetings, community interaction, public
information management, Decision Makers Symposium
o Ongoing support of Capistrano Unified School District
o Re-education for people with Disabilities, Access and
Functional Needs since the Special Needs Registration will
be decommissioned
• Support to the SONGS Community Engagement Panel
B. Long Term Local Government Members Operational Commitment
The Local Jurisdictions will communicate and coordinate any joint
emergency planning activities based on all spent nuclear fuel pools being
emptied and moved to dry cask storage, until such time as all spent
nuclear fuel is removed from the site. Communication and coordination
activities funded pursuant to this MOU will include:
• Planning, training, and exercises for beyond design based accidents
• Calibrating and maintaining radiological monitoring equipment owned
and maintained by local government agencies
o Maintaining all additional radiological response equipment
stored at a secure facility
• Public Education
• Law Enforcement Coordination
o Attend training and equipment related to Security and Local Law
Enforcement response to a hostile action at SONGS
• Communication
o Maintaining Emergency Operations Center communication
capability
o Maintaining and using local government agencies' alert and
notification methods to ensure ongoing capabilities of notifying
community members and emergency responders of an active
emergency situation at SONGS
o Alert and Warning
• Emergency Notification process will require the provision
of a 24/7 warning point with trained operators
• Emergency preparedness exercises and communications
drills
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MOU Between Local Jurisdictions and Southern California Edison
• Capability to provide emergency information and public
information to community members, including the use of
the Emergency Alert System and the AlertOC program
C. SCE Operational Commitment
• Maintaining the Community Siren System through June 30, 2019
• Continuing to work with the Scripps Institute of Oceanography to
complete a new study of the seismic faults in the vicinity of SONGS.
SONGS. Field work ranging from off-shore marine acoustic surveys to
re-processing of historical marine geophysical data using modern
computer analysis techniques was completed in 2015. Sediment
sampling will be conducted in early 2016 and a summary technical
report is expected in late 2016. The final summary report will help
provide enhanced data for analysis of faults and fault systems near
SONGS. A final report will be shared with the IPC when complete.
VI. FINANCIAL SUPPORT FOR RADIOLOGICAL EMERGENCY PREPAREDNESS
AND RESPONSE ACTIVITIES
A. Annual Planning Budget
The local jurisdictions to this agreement will prepare annual budgets
identifying specific baseline activities related to radiological emergency
planning. Fiscal caps will be established for each jurisdiction as
negotiated with SCE and the IPC jurisdictions based upon the initial
2015-16 fiscal year baseline budgets provided in Section IV.B. The fiscal
caps will be adjusted by the prior calendar year California Consumer Price
Index (CPI). This MOU allows for the billing of additional costs associated
with activations of IPC jurisdictions' Emergency Operations Centers during
emergency events declared by SONGS. Annual budgets will be reviewed
at the IPC level before submission to SCE.
B. Invoicing & Payments
Each local jurisdiction operates on a July-June fiscal year. Annual fiscal
close, including reconciliation of all accounts, is typically completed by
each jurisdiction by mid-August.
At the beginning of each fiscal year, and after the previous year's
expenditures have been reconciled, each local jurisdiction will submit an
invoice to SCE for the amount due that fiscal year. Any unexpended
balances from the previous year shall be documented as a credit to SCE
on the invoice and supported in the local jurisdictions annual report to
SCE (section V. E, infra.).
SCE will issue funds directly to local jurisdictions in the form of one
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MOU Between Local Jurisdictions and Southern California Edison
payment within 30 days of receiving the invoice, including the credit for
unexpended balances, from the local jurisdiction.
Any credits due as a result of an SCE audit (authorized by section V. E,
infra.) of a local government's books and records shall be credited to SCE
and deducted from the next payment due.
C. Funding Until Spent Fuel Pools are Emptied
SCE recognizes the need for continued onsite radiological emergency
preparedness planning during the decommissioning of SONGS. SCE
agrees to provide funding directly to the local jurisdictions that are
signatories to this MOU for the local jurisdictions to continue planning for
radiological emergencies. SCE is committed to providing funding for
these activities, as it has in the past, as more specifically stated herein.
Utilizing the 2015-16 fiscal year baseline budget, SCE agrees to fund the
local jurisdictions that are signatories to this MOU as follows:
2015/2016 Baseline Budget
• Orange County: $853,000
• San Diego County: $325,600
• City of San Clemente: $193,600
• City of Dana Point: $193,600
• City of San Juan Capistrano: $193,600
The amounts referenced above shall be adjusted annually based upon the
Consumer Price Index.
SCE will provide funding at these levels until the later of fiscal year end
2019-20 or when all spent fuel has been removed from the Spent Fuel
Pools. Provided, however, that if emergency planning payments are
established by other requirements, the amounts to be paid under this
MOU shall be reduced by any amounts required to be paid and shall not
duplicate any such required payments.
D. Funding After Spent Fuel Pools are Emptied
Once all Parties are in agreement that all fuel at SONGS has been
removed from the Spent Fuel Pools and placed in long term dry storage in
the Independent Spent Fuel Storage Installation (ISFSI), SCE agrees to
continue an appropriate level of funding for local radiological emergency
preparedness and planning. Funding levels will glide down as set forth in
Table A. The glide-down will not commence until the actual fuel offload
campaign is complete.
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MOU Between Local Jurisdictions and Southern California Edison
Phase
FY
At 100%' while fuel remains in Spent Fuel Pools
years 1-5 (currently projected through 2019)
2015-
2016
2016-
2017
2017-
2018
2018-2019-
2019 2020
' Adjusted annually
2020-
2021
2021-
2022 2022-2023 and beyond
E. Record keeping, Audit and Reporting
The signatory local governments agree to maintain books and records
documenting costs in an auditable form, and to make such books and
records available for audit or review by SCE, upon request but not more
than once each fiscal year.
Within sixty (60) days after the end of each fiscal year, the signatory local
governments agree that they will provide an annual report to SCE
documenting the actual costs incurred during the prior fiscal year. Such
annual reports shall be similar in form and substance to the reports
previously provided to the Governor's Office of Emergency Services (Cal
OES) in accordance with the "NPP Funding Policy and Procedures
Guidance" dated March 2008 issued by Cal OES.
F. Restrictions on the Use of the Funds from SCE
The funds that the local jurisdiction signatories to this MOU receive from
SCE shall be used for the purpose of radiological emergency
preparedness (REP) planning relating to SONGS. Expenses may include:
a) Direct Costs, such as staffing, operating expenses, or equipment
maintenance; b) Indirect Costs, or costs that cannot be uniquely
associated with REP activities but which are nonetheless incurred by the
jurisdiction due to these activities; and c) Allocable REP Equipment costs.
G. Stand-by or Declared Emergency Budget
An issue may arise at SONGS which requires Parties to mobilize services
or resources for stand-by or emergency activation. Such costs will be
reimbursed separately by SCE to the Party incurring the cost.
Any amounts required to be paid to a Party(ies) under this provision shall
be separate and apart from the Baseline Budget amounts defined herein
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MOU Between Local Jurisdictions and Southern California Edison
and shall not be drawn against or reduced in any way the Baseline Budget
amounts, adjusted by CPI, that SCE will pay such Party(ies).
VII. TERM AND TERMINATION
This MOU is effective as of the date signed by the Clerk of each public
jurisdiction. This agreement shall remain in effect until the later of fiscal year
end 2019-20 or when all spent fuel has been removed from the SONGS Spent
Fuel Pools.
The Parties of this agreement will reconvene to assess then current activities and
to discuss the development of a successor MOU. This successor MOU will cover
the activities associated with the Independent Spent Fuel Storage Installation
(ISFSI) only Emergency Plan (IOEP). Upon SCE's filing of the IOEP with the
NRC (projected July of 2016), the Parties will reconvene in order to address
appropriate ongoing emergency planning activities. A successor MOU shall be
finalized within 12 months of the IOEP submittal.
Upon the request of any Party, but not more than once in any twelve (12) months
period, the parties agree to review the terms of this MOU and consider requests
for amendments. The once in 12 months restriction on considering requests for
amendments shall not apply if there is a statutory or regulatory change, or new
published case authority that impacts the duties of any party under this
agreement.
VIII. RELATIONSHIP OF THE PARTIES
The Parties acknowledge and agree that the activities performed by any entity,
its employees, agents or sub-contractors shall be under the purview of their
respective entity and that nothing in this Agreement shall be deemed to
constitute a partnership, joint venture, agency relationship or otherwise between
the parties.
The reimbursement from SCE to Parties for related expenditures should not be
construed as allowing any Party to influence or direct the independent
decision-making and direction of individual Parties. Each Party maintains
responsibility for its own actions or inaction.
IX. CONFIDENTIALITY
No Party will use, copy, adapt, alter, part with possession of or otherwise
disclose any information or record of the other which is disclosed or otherwise
comes into its possession under or in relation to this MOU and which is of a
confidential nature or has been identified as confidential by a Party. The Parties
specifically agree to keep records confidential in accordance with applicable
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MOU Between Local Jurisdictions and Southern California Edison
Federal and California State laws (California Government Code Section 6250 et
seq.) upon request as contemplated by California Government Code section
6254.4 of the California Public Records Act. This obligation will not apply to
information which the recipient can prove was in its possession at the date it was
received or obtained or which the recipient obtains from some other person with
good legal title to it or which is in or comes into the public domain otherwise than
through the default or negligence of the recipient or which is independently
developed by or for the recipient.
X. MISCELLANEOUS
A. The failure of any Party to enforce its rights under this MOU at any time for
any period shall not be construed as a waiver of such rights.
B. If any part, term or provision of this MOU is held to be illegal or
unenforceable neither the validity nor enforceability of the remainder of
this MOU shall be affected.
C. No Party shall assign or transfer all or any part of its rights under this MOU
without the express written consent of the other Party(ies).
Notwithstanding the prior sentence, SCE may assign this Agreement,
without prior consent, to any entity that may be created or designated by
SCE to act as Decommissioning Agent to oversee the Decommissioning
of SONGS, provided such entity agrees to perform the obligations
assumed by SCE herein.
D. This MOU constitutes the entire understanding between the Parties
relating to the subject matter hereof and supersedes all prior
representations, writings, negotiations or understandings regarding this
matter.
E. This MOU may only be modified by the written agreement of the Parties,
duly signed by their authorized representatives.
F. This MOU has been negotiated and executed in the State of California
and shall be governed by and construed under the laws of the State of
California. In the event of any legal action to enforce or interpret this
MOU, the sole and exclusive venue shall be a court of competent
jurisdiction located in Orange County, California, (or the County of San
Diego if the dispute arises with San Diego), and the Parties hereto agree
to and do hereby submit to the jurisdiction of such court, notwithstanding
Code of Civil Procedure Section 394.
G. This MOU may be executed in counterparts, and upon execution by all
Parties, each executed counterpart has the same force and effect as an
original instrument and as if all Parties had signed the same instrument.
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MOU Between Local Jurisdictions and Southern California Edison
Any signature page may be detached from any counterpart without
impairing the legal effect of any signatures thereon and may be attached
to another counterpart identical in form hereto but having attached to it
one or more signature pages.
XI. CONTACTS
Each party has designated a primary contact for purposes of administering/monitoring
this MOU as follows:
For SCE:
Kelli A. Gallion
Emergency Planning Manager
Southern California Edison Company
5000 Pacific Coast Highway
Mail Stop: D3D
San Clemente, CA 92672
(949) 368-7756
For Orange County:
Donna Boston
Director of Emergency Management
2644 Santiago Canyon Road
Silverado, CA 92676
(714) 628-7054
For San Diego County:
Tom Amabile
SONGS Coordinator
1600 Pacific Highway
San Diego, CA 92101
(858) 715-2203
For the City of San Juan Capistrano:
David Ott
Assistant City Manager
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
(949) 443-6321
For the City of San Clemente:
Katie Carpenter
Emergency Planning Coordinator
910 Calle Negocio Suite 100
San Clemente, CA 92673
(949) 361-6109
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MOU Between Local Jurisdictions and Southern California Edison
For the City of Dana Point:
Mike Rose
Emergency and Support Services Manager
33282 Golden Lantern
Dana Point, CA 92629
(949) 248-3535
Each party shall advise all other parties in writing when there is a change to their
primary contact under this MOU. The MOU need not be amended to reflect changes in
contact information. However, if during the pendency of the MOU it is amended for
other reasons, the contacts information shall be updated at that time.
Signature pages follow.
15
Chairman of the Board of Stli~Arvt!':l:'lr!':
County of Orange, California
Attest:
Robin Stieler
Interim Clerk of the Board
THAT A COPY
DELIVERED
G. C. Sec 25103,
County of California
Southern California Edison
/-'~21,_-::;:;z __ ----.:.:_:: ~'----
(Signature)
Name: Thomas J. Palmisano
"~--------.. ·-·-·-·-·--.. --~
Title:
Date: 15
16
County of San Diego Southern California Edison
By:
Date Seotember 24, 5
Contact information
Telephone: .]19-368-65& __ ·---
17
MOU Between Local
City California Edison
By: By:
(Signature)
Name: Name: Thomas J. Palmisano
Title: Title Vice Presiden!_Dec_c:>_rrl_fY1i§sioning
and Chief Nuclear
Date: 2015
Contact information Contact information
Telephone: JM}l;:;;:(;ili::Q2/_Q_ ______ _
tom.palmisang@sce.com . .!!.-. __
18
By:
(Signature)
Name:
Title:
Date 2015
Contact information
19
MOU Between
City of Dana Point Southern California Edison
Title:
Date 2015
Contact information
20