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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: City Council Agenda Report 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. 2 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". 3 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 4 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 5 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 6 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 7 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 8 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 9 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. 10 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 11 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 12 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. 13 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 14 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