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HomeMy WebLinkAboutESD-017-07 CJ. II L~~ REPORT EMERGENCY AND FIRE SERVICES Date: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE 12..cso\LA-1'0t0=#€PA-b 7S ,0'7 December 3, 2007 Meeting: Report #: ESD-017-07 File # 10.12.6 By-law # Subject: MEMORANDUM OF UNDERSTANDING - ONTARIO POWER GENERATION Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report ESD-017-07 is received; 2. THAT the conditions outlined in the attached Memorandum of Understanding with Ontario Power Generation, for Fire Protection and Emergency Response, be endorsed by Council; and 3. THAT the Mayor, Clerk and Chief Administrative Officer be authorized to enter into the attached Memorandum of Understanding with Ontario Power Generation for Fire Protection and Emergency Response. t/ J c !) Submitted by: // l c-f t--. . ~ -Gordon Weir, AMCT, CMM111 Director of Emergency & Fire Services Reviewed by: / // nklin Wu, Chief Administrative Officer GW:sr K CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T(905)623-3379 F (905)623-6506 REPORT NO. ESD 017-07 PAGE 2 1. BACKGROUND 1.1 Report ADMIN 9-93, in part, contains an agreement between the Municipality of Clarington and Ontario Hydro and sets the Municipality as the primary responder. 1.2 Since that time Ontario Power Generation (OPG) has introduced on site emergency personnel changing the conditions at OPG and also changing the practice to secondary tiered response by Municipal services. 1.3 In 2002 Ontario Power Generation, Darlington Nuclear Generating Station (DNGS) agreed to reimburse the Municipality for services performed by Clarington Emergency and Fire Services such as firefighter overtime incurred as a result of co-training with Emergency Responders (ERT) at DNGS, annual fire inspections, annual fire safety plan review and joint community fire safety activities such as Family Safety Day and the Junior Firefighter Program. 1.4 An informal agreement was reached and at that time the sum of approximately $40,000 was contributed to Clarington Emergency and Fire Services representing cost recovery for these services. 1.5 Ontario Power Generation approached the Municipality some years ago to enter into a formal Memorandum of Understanding regarding fire protection and emergency response and reimbursement for services performed. More recently, the Canadian Nuclear Safety Commission (CNSC) has strongly suggested that DNGS enter into a formai Memorandum of Understanding with Clarington Emergency and Fire Services. 2. REPORT 2.1 Along with the Director of Corporate Services and the Human Resource Manager, staff has met with Jim Coles, Manager of Fire Programs and Training at DNGS, to come to an equitable resolution and draft a Memorandum of Understanding agreeable to the stakeholders. 2.2 The Memorandum of Understanding sets out the responsibilities of Ontario Power Generation in responding to off-site incidents upon request by the Municipality. It also provides that the Municipality is no longer primary responder to OPG incidents on site. 2.3 The Memorandum of Understanding aiso provides for capital contributions on an as required basis. 2.4 As well, this financial plan will be reviewed annually by the Finance Director, Fire Chief and Chief Administrative Officer along with the Manager of Fire Protection for Ontario Power Generation (DNGS). 2.5 In total, Clarington Emergency and Fire Service is eligible to receive financial support up to $93,000 in 2007. 2.6 Subsequent to reviewing several draft documents, staff is satisfied with the proposed Memorandum of Understanding, which has also been reviewed by the Director of Finance during the process, for insurance related language and any liability issues. 3. CONCLUSION 3.1 It is therefore recommended that the General Purpose and Administration Committee recommend to Council that the Mayor, Clerk and Chief Administrative Officer be authorized to enter into the attached Memorandum of Understanding with Ontario Power Generation for Fire Protection and Emergency Response. Attachment: Memorandum of Understanding with Ontario Power Generation ATTACHMENT #1 TO REPORT ESD-017-07 -- -- - - Memorandum of Understanding . FIRE PROTECTION AND EMERGENCY RESPONSE BetWeen The Municipality of Clarington and Ontario Power Generation, Darlington Nyclear Effective : January 1 t 2007 Revised OCI 30107 MOU Between Municipality of Claringlon and OPG Memorandum of Understanding FIRE PROTECTION AND EMERGENCY RESPONSE Between The Municipality of Clarington and Ontario Power Generation, Darlington Nuclear 1. Application This Memorandum of Understanding (MOU) applies to the provision of fire protection services, including fire safety planning, fire inspections, coordinated emergency response between The Municipality of Clarington and Ontario Power Generation Inc. (OPG) Darlington Nuclear (herein after referred to as either OPG or ON) 2. Purpose It is understood that OPG and the Canadian Nuclear Safety Commission (CNSC) are solely accountable for all fire safety provisions at ON. Nonetheless, it is recognized that there exists a cooperative and collaborative relationship between OPG and Clarington with respect to fire protection, emergency response, and community emergency management and that relationship should be maintained and enhanced. In order to clarify and strengthen the co-operative working relationship between OPG and Clarington, it is appropriate that the two parties execute a formal MOU concerning fire protection and emergency response. . The MOU recognizes the significant benefits to be gained by both parties in developing and maintaining closer ties with respect to emergency response and to improve the safety of firefighters, Darlington Nuclear Generating Station and the general public. 3. Mutual Aid Arrangements for On-site and Off-site Emergencies, Joint Incident Command and Specialized Training 3.1 Mutual Aid Both Clarington and ON have substantial fire fighting and emergency response resources at their disposal. It is acknowledged that the combined resource is a Revised Oct 30/07 MOU Between Municipality of Clarington and OPG 2 significant force that should be made available to help safeguard the community in the event of a major incident. In the event of a major off-site incident, OPG agrees to provide assistance to Clarington, if requested, and within the limitations of the ON Licenses and the ON Waste Facility license, OPG's Regulatory Commitments to the Canadian Nuclear Safety Commission (CNSC), and all applicable CNSC Regulatory Guidance Documents and laws in force at the time the assistance is sought. This assistance could include personnel (e.g. drivers for OPG vehicles), equipment and supplies to support Clarington in their efforts to control and/or mitigate an emergency. In the event of an on-site incident, it is understood that ON is staffed with full time qualified emergency response personnel available 24 hours a day, seven days a week. Nonetheless, Clarington Fire Services will be called to all fire events at ON to provide secondary assistance as requested. ON shall provide clearly marked access routes for responding emergency vehicles and shall provide a security escort from the Holt Road guardhouse. Clarington will be reimbursed for all costs incurred by invoice to ON. 3.2 Joint Incident Command and Specialized Training In the event of a major fire at ON it is agreed that the appropriate staff from ON and CEFS staff would benefit from in-depth incident command training and specialized training on how to deal with fires in Nuclear Generating Stations. In recognition of the unique personnel control and incident command issues around fires in a nuclear power plant, it is agreed that specialized programs should be developed by ON, and shared with the appropriate CEFS personnel. It is agreed that the appropriate staff deemed necessary by both parties will jointly participate in Advanced Incident Command exercises using plant specific Incident Command Table- top Model provided by Wesleyville Fire and Rescue Academy. Additional training for CEFS fire fighters or other staff deemed appropriate by CEFS, in dealing with fires in nuclear power plants will be facilitated by use of OPG Nuclear Weselyville Fire Training Field Site, on mutually agreeable dates. There will be no cost to the Municipality for use of this site. OPG Darlington also agrees that other specialized training other than fire may be needed for the CEFS. This training will be evaluated and mutually agreed to by both parties. Examples of non-fire training courses include, but are not limited to: HAZMAT, Station Systems Training For Fire Fighters, Orange Radiation Protection Qualification Training, Plant Layout Training, Radioactive Fire materials, Electrical fires, FDIC annual conference, and the Fire Chiefs Conference. Revised Oct 30/07 MOU Between Municipality of Clarington and opa 3 4. Fire Safety Plan The National Fire Code of Canada requires the preparation of a Fire Safety Plan in cooperation with the fire services and other applicable regulatory authorities, in order to protect people and property from fire and its effects. To this end, OPG shall prepare a Fire Safety Plan that is consistent with the requirements of the National Fire Code of Canada and/or applicable Ontario Fire Code. The Manager of Fire Protection - OPG will review the plan with the Fire Chief of the Municipality of Clarington. In order to ensure the Fire Safety Plan remains current and up-to-date, it shall be reviewed at least once a year and amendments shall be made as required. These amendments shall be approved by the Manager - Fire Protection OPG and reviewed by The Fire Chief of the Municipality of Clarington, and submitted to the appropriate authorities. 5. Work Plan, Joint Training and Equipment & Supplies 5.1 Work Plan On or before the end of every calendar year to which this MOU applies, the Manager of Fire Protection - OPG and the Fire Chief of the Municipality of Clarington shall approve an annual work plan detailing the joint activities Clarington and OPG propose to undertake for the following year. The Work Plan may be provided to and reviewed by CNSC. 5.2Joint Fire Training It is agreed that Municipality of Clarington Emergency and Fire Services (CEFS) and ON staff will participate in fire drills and/or live fire practices as determined by the OPG Manager - Fire Protection and the CEFS Senior Management team. This training is to be arranged so that each of the crews at ON and each of the crews at CEFS should have the opportunity to participate at least once. The purpose of these drills or live fire training is to improve the joint response of both organizations to a simulated major fire at ON and to identify continuous improvements to the response. Deficiencies will be documented in a report on each drill or practice and corrective actions implemented. Changes to the training schedule will be made as agreed by the Manager, Fire Protection OPG and the CEFS Senior Management team. Drills may be conducted in conjunction with other emergency response organization drills. Joint response to any unplanned events can also be counted as long as a response is documented and reviewed by the Manager, Fire Protection and the Chief of CEFS or their delegate. Revised Oct 30/07 MOV Between Municipality of Clarington and OPG 4 Performance of the CEFS will not be evaluated by OPG during these drills. The purpose of the drills is to evaluate ON response and to ensure that adequate procedures are in place at ON to enable effective response by the CEFS staff. The schedule for the jointly evaluated fire drills will be established annually and agreed to between the Manager, Fire Protection OPG and the Fire Chief of CEFS. 5.3 Equipment & Supplies It is recognized that if equipment and supplies are to be shared then such equipment and supplies should be fully compatible. It is agreed that, to the extent practicable, shared equipment and supplies purchased and used at ON shall be fully compatible with equipment and supplies used by CEFS. Where necessary, equipment purchases made by DGNS will be reviewed by CEFS to ensure full compatibility with equipment used by CEFS. Self-contained breathing apparatus shall be the same and air cylinders shall be interchangeable. All fire hose threads and fittings shall be compatible or adapters purchased to ensure that all CEFS hoses, nozzles and related equipment are interchangeable. Where the purchase of a new item of equipment may be mutually beneficial consideration shall be given to the joint purchase of such equipment to defray the cost to both parties. Significant capital purchases may be considered on a case by case basis and require the appropriate level of approval. 6. Community Emergency Managment Pursuant to the Emergency Management and Civil Protection Act and applicable regulations under this act, the Municipality of Clarington maintains a Community Emergency Management Program. The Program is designed to ensure that Clarington is prepared for any type of community emergency. As host Municipality to ON, the Municipality of Clarington has additional pressure associated with hosting a nuclear facility. As such additional demands are placed upon the community as it needs to be prepared for all community emergencies Additionally, the Municipality of Clarington is routinely faced with non-emergency management issues related to ON such as CNSC Power Reactor Operating License renewals and amendment applications. On an annual basis, OPG agrees to provide a financial contribution to support the Municipality of Clarington Community Emergency Management Program. The Municipality of Clarington as a Host Community, agrees to provide regular updates on the progress of the EP Program to OPG Management. Revised Oct 30107 MOU Belween Municipality of Claringlon and OPG 5 7. Financial Plan On or before the end of every calendar year in consultation with the Municipal Director of Finance and Fire Chief, the OPG Manager Fire Protection and the Chief Administrative Officer of the Municipality of Clarington shall approve a Financial Plan detailing the financial arrangements and commitments to be made between OPG and Clarington for the following year. The Municipality of Clarington will provide OPG with invoices documenting expenditures or services provided in accordance with the financial plan. OPG will reimburse the Municipality of Clarington for expenditures services Financial year is a calendar year. The Financial Plan for 2007 is as follows: Maximum Pa able 1 Annual Fire Ins ection Service 5,000 3,000 40,000 2 Annual Fire Safet Plan Review 3 Joint Fire Trainin 4 S ecialized Trainin for CEFS Senior Fire staff 10,000 5 10,000 Annual Contribution - Community Emergency 6 Mana ement Pro ram Total maximum payment to the Munici alit of Clarin ton for 2007 25,000 $ 93,000 Note: Mutual Aid: CEFS reasonable costs incurred will be invoiced after incident to ON. Eauioment and Suoolies Costs: will share where possible and invoiced to ON in accordance with inclusion in the CEFS annual budget process. 8. Employees / WSIB 8.1 Employees Notwithstanding any provIsions or arrangements contained within this MOU, all employees of the Municipality of Clarington and all employees of the Ontario Power Generation shall remain employees of their respective organizations. Furthermore, all collective agreements and/or terms of employment of the respective organizations shall remain in full force and effect. Revised Oct 30/07 MOU Between Municipality of Clarington and OPG 6 8.2 WSIB Where possible, the Municipality may seek compensation from OPG for any exposures resulting in a Municipal Firefighter's illness and death under WSIB. 9. Liabilities OPG shall indemnify and save harmless Clarington from and against all claims, losses, damages, actions, suits or proceedings arising out of this MOU and resulting from acts or omissions of OPG, its employees, agents and contractors involving negligence or misconduct in responding to a request for assistance by OPG and acts or omissions of Clarington or its employees, agents or contractors related to any involvement at ON, other than acts or omissions involving negligence or willful misconduct of Clarington , or its employees, agents or contractors. Subject to the application of the Nuclear Liability Act R.S.C. 1985, N-28, Clarington shall indemnify and save harmless OPG from and against all claims, losses, damages, actions, suits or proceedings arising out of this MOU and resulting from acts or omissions of Clarington, its employees, agents and contractors involving gross negligence or misconduct related to any involvement at ON and acts or omissions of OPG, or its employees, agents, or contractors in responding to a request for assistance by Clarington , other than acts or omissions involving gross negligence or willful misconduct of OPG, or its employees, agents, or contractors. In the event that damages, loss or injury caused by the hazardous properties of nuclear material, as defined under the Nuclear Liability Act, occur wholly or partially as a result of an unlawful act or omission of an employee, agent, contractor, sub-contractor of Clarington done with the intent to cause injury or damage, OPG will not pursue any right of recourse it may have against Clarington in such an event and any subrogation rights its insurers may have, will be exercised in accordance with the letter from OPG's insurer dated May 10, 2001, which forms Appendix 1 to this MOU. In no event whatsoever will either OPG or Clarington be liable for: a) indirect, special, incidental, contingent or consequential damages including loss of goodwill, loss or damage to data, or any information, loss of actual or anticipated revenue or profits, failure to realize expected savings, loss of use or any other economic loss whatsoever, even if OPG, or Clarington as the case may be, has been advised of the potential for such damages. However, Clarington shall be reimbursed for replacement and rental costs incurred pending delivery of new vehicle(s) andlor associated equipment, in the event that any vehicle and/or associated equipment related to any involvement at ON become(s) unusable as a result of contamination; and b) punitive, exemplary or aggravated damages. Additionally, in no event whatsoever will Clarington be liable for: a) direct physical damage to the radioactive or non-conventional (nuclear) parts of the ON; Revised Oct 30107 MOU Between Municipality of Clarington and OPG 7 b) direct physical damage to the conventional (non-nuclear) parts of the ON, where such damage results from radioactive contamination; and c) any physical damage to ON and/or ON property damaged or lost while on the ON, providing that the damage or loss is not covered by conventional Commercial General Liability and/or Motor Vehicle Liability insurance policies. OPG and Clarington shall each maintain in effect Commercial General Liability insurance in the amount of at least 25 million dollars and Motor Vehicle Liability insurance in the amount of at least 2 million dollars. Clarington and OPG shall be named as additional insured's on the respective Commercial General Liability insurance policies and supply a certificate of insurance evidencing the said coverage and shall further provide certified copies of insurance policies upon request. Such request only to be made in the event of a potential claim situation where OPG's or Clarington's interests may be insured by the insurance coverage noted herein. The said insurance coverage shall not be cancelled or materially changed by either party without providing the other party with 60 days written notice. The party's insurers shall provide a waiver of subrogation to the other party, its employees, agents and contractors for such liability as the parties have assumed under this provision of the MOU. 10. Confidentiality of Security Related Information All information obtained by Clarington in the course of carrying out the terms of this MOU and which is expressly identified as confidential by OPG because of its security implications, shall not be disclosed by Clarington to third parties except with the prior written consent of OPG and except in accordance with applicable law. Without limiting the generality of the foregoing, such information might include the type, location and operation of the emergency systems of all buildings, the nature and location of any hazardous materials and the operation, features and location of security equipment. Clarington shall make its employees, agents and contractors who are likely to become involved in the activities contemplated in this MOU aware of Clarington's non-disclosure obligations as stated herein. 11. Security Clearances Clarington undertakes to exercise reasonable efforts to facilitate OPG obtaining security clearances for those employees, agents, or contractors of Clarington who will require access to the ON site in the course of carrying out the terms of this MOU. The aforementioned security clearances are those, which OPG must obtain in order to comply with any CNSC requirements for access to the protected areas of the ON and Waste Facility sites. Notwithstanding the provisions of this MOU, either party to this memorandum may provide written notice of intent to terminate this memorandum to the other party at any Revised Oct 30/07 MOU Between Municipality of Clarington and OPG 8 time. A copy of the written notice bv reaistered mail. courier or hand deliverv, of intent shall be forwarded to the CNSC and the other party to the MOU. Immediately following the expiry of 180 days after such notice the MOU shall no longer be in effect. 12. Amendments Except as otherwise expressly provided in this Agreement, no supplement, restatement or termination of this Agreement in whole or in part is binding, unless it is in writing and signed by each party. 13. Authorization/Enforcement Clarington and OPG has duly and validly authorized the execution, delivery and performance of this MOU and no other approvals are necessary to authorize this MOU. If any provision of the MOU is unenforceable or void by reason of law the remainder of the MOU will remain intact. 14. Notices Any communication concerning this MOU shall be issued in writing and delivered or mailed to the following addresses of the parties respectively: Municipality of Clarington Ontario Power Generation Municipality of Clarington 40 Temperance Street Bowmanville, Ontario L 1C 3A6 889 Brock Rd. South Pickering Ontario L 1W 3J2 Attention: Patti Barrie, Municipal Clerk Jim Abernethy, Mayor Franklin Wu, CAO Attention: John Shaw, Director Nuclear Protection Programs & Training Revised Oct 30/07 MOU Between Municipality of Clarington and OPG 9 IN WITNESS WHEREOF the parties have executed this MOU through their officers duly authorized on that behalf. CORPORATION OF THE MUNICIPALITY OF CLARINGTON Jim Abernethy, Mayor Patti Barrie, Municipal Clerk Date Date ONTARIO POWER GENERATION INC. j.JLI:L/~AA~ Bill Robinson, SVP Nuclear Protection Programs Mv Date /4-. . ZOo 7 , Attached: Appendix 1, NIAC Letter to OPG Dated May10, 2001 Revised Oct 30/07 MOU Between Municipality of Claringlon and OPG 10 Memorandum of Understanding FIRE PROTECTION AND EMERGENCY RESPONSE Between the Municipality of Clarington and Ontario Power Generation, Darlington Nuclear APPENDIX 1 Nuclear Insurance Association of Canada Letter to OPG, Dated May 10, 2001 Revised Oct 30/07 MOU Between Municipality of Clarington and OPG II Nuclear Insurance Association of Canada- 18 ICIng sa-.. liut, Bulat 800 T_. Onmrio MSC 1C4 . r.l: (4111) 1101.1801 . '"- (411] 368-0333 NIAC May 10. 2001 Bruce POWer LP. c:Io el'UC8 Power Inc. ClXlntv FtOId 20, Conceuicn #4 'MveIton, 0ntIai0 NOG 2TO .;me!- . OrlWrfo '"-~ lnc. 700 lInlverslty AVW'AJe rofllnlO, Ol'llario M5G 1XO c...rSi~es: OntaI1o Power. Chneratlon Inc:. ("OPG") IIld Bruce Pawer LP. ("9r\lCe ~ have lI8kK lhe Nuclear Ineunonce AMoalalIan 0( c:..de ("NIAC") III dmll'y ib infInlIomI IlVllI1 --.t to ~ NlAC's II$IhtJ l:I.~ wilh I'eIpec:t III the right 0( teCOUIW avallSle to tile operatOr under SlIdion .12(b) at the NudMIr Li8A111(y Act (R.S.o. 1_ N-28) (lM "Act"). Seollan 12(b) of the Act .,-ides thet wner. . l1IICIear Incldent Neulllng In 8Ilf lr1/Ul'Y or ~ at the kind cIlNCritled in MC:IIOII S of the At:I.IlCCUlS Wholly or poutlaIy.. . 18su11 of ., unIewlI.d act or ornlA!On of q person dofMt or omlllild 10 De cbMI wtIIIlnlllnllll call1li WIllY or c1amaQ8, tile op.,,,luf has . right rII __ .nt lhat persGft. UndlIr!he _ndarcI NIAC IIUeIIIr ~ ....Ilftlty k'Isura1~ polley, lhe Insulw II subrogated III 1I1is II$Iht at I'8ClUM 0( the opera1lor. . ThhIIeIIlIr will COl1IIrm _ in the event of. cl"" being II1lIde under lIIe nucIeIr energy IIabilll,y potIoIa rII etIher.OPo or erve.~, NlAC WiI only ~ IlIIluiIragetlon /IgIllII WIder JlWlIlIrIph . dlhe Nuc:leer Energy LIebIIJIy PoIIat' ~ lhelndMdual wno ha c:ommlll8clllle llI'llawful act or am/s$IOn. NIAC wit not P\lIlIUe eny IigIllII -oaInIl en)' COlpOt .. bOdy~ olIIer ~ who miQht ~ that tndIYlduallllleCCOllnl 0( that irldIvIclU.r. -.II or omlnlons. . Tl1Ia lellIIr may be relied upon by OPG II'Id 8ruce PClWW. as well ai en)' tIlItd pi!rty co.,b-r...r or SIIJlPWer proIoi,A '11 ~ or !lelVicM III OPG endIor .Bn.a PowIr. end !heir ~Y11 Pilll8nt companle8, ~, SI~ lIIlcIIor Nleted lXItllplinIes, lDgelh... wtlh !he direclor8, otIIcera. employMs 8I1d agenlll of HCII SUCh lII1lIl)o. Yours wry truly ~71~ ~ P. 0eMerd'lent. FCIP. CRM Aa/Ilanl MlIMgel' Revised Oct 30/07 MOU Between Municipality of Clarington and opa 12 Memorandum of Understanding FIRE PROTECTION AND EMERGENCY RESPONSE Between. The Municipality of Clarington and Ontario Power Generation, Darlington Nu~lear Effective : January 1, 2007 Revised Oct 30/07 MOU Between Municipality of Clarington and OPG ATTACHMENT #1 TO REPORT ESD-Ol]'-07 . . Memorandum of Understanding FIRE PROTECTION AND EMERGENCY RESPONSE Between The Municipality of Clarington and Ontario Power Generation, Darlington Nuclear 1. Application This Memorandum of Understanding (MOU) applies to the provision of fire protection services, including fire safety planning, fire inspections, coordinated emergency response between The Municipality of Clarington and Ontario Power Generation Inc. (OPG) Darlington Nuclear (herein after referred to as either OPG or DN) 2. Purpose It is understood that OPG and the Canadian Nuclear Safety Commission (CNSC) are solely accountable for all fire safety provisions at DN. Nonetheless, it is recognized that there exists a cooperative and collaborative relationship between OPG and Clarington with respect to fire protection, emergency response, and community emergency management and that relationship should be maintained and enhanced. In order to clarify and strengthen the co-operative working relationship between OPG and Clarington, it is appropriate that the two parties execute a formal MOU concerning fire protection and emergency response. . The MOU recognizes the significant benefits to be gained by both parties in developing and maintaining closer ties with respect to emergency response and to improve the safety of firefighters, Darlington Nuclear Generating Station and the general public. 3. Mutual Aid Arrangements for On-site and Off-site Emergencies, Joint Incident Command and Specialized Training 3.1 Mutual Aid Both Clarington and DN have substantial fire fighting and emergency response resources at their disposal. It is acknowledged that the combined resource is a Revised Oct 30/07 MOU Between Municipality of Clarington and OPG 2 significant force that should be made available to help safeguard the community in the event of a major incident. In the event of a major off-site incident, OPG agrees to provide assistance to Clarington, if requested, and within the limitations of the DN Licenses and the DN Waste Facility license, OPG's Regulatory Commitments to the Canadian Nuclear Safety Commission (CNSC), and all applicable CNSC Regulatory Guidance Documents and laws in force at the time the assistance is sought. This assistance could include personnel (e.g. drivers for OPG vehicles), equipment and supplies to support Clarington in their efforts to control and/or mitigate an emergency. In the event of an on-site incident, it is understood that DN is staffed with full time qualified emergency response personnel available 24 hours a day, seven days a week. Nonetheless, Clarington Fire Services will be called to all fire events at DN to provide secondary assistance as requested. DN shall provide clearly marked access routes for responding emergency vehicles and shall provide a security escort from the Holt Road guardhouse. Clarington will be reimbursed for all costs incurred by invoice to DN. 3.2 Joint Incident Command and Specialized Training In the event of a major fire at DN it is agreed that the appropriate staff from DN and CEFS staff would benefit from in-depth incident command training and specialized training on how to deal with fires in Nuclear Generating Stations. In recognition of the unique personnel control and incident command issues around fires in a nuclear power plant, it is agreed that specialized programs should be developed by DN, and shared with the appropriate CEFS personnel. It is agreed that the appropriate staff deemed necessary by both parties will jointly participate in Advanced Incident Command exercises using plant specific Incident Command Table- top Model provided by Wesleyville Fire and Rescue Academy. Additional training for CEFS fire fighters or other staff deemed appropriate by CEFS, in dealing with fires in nuclear power plants will be facilitated by use of OPG Nuclear Weselyville Fire Training Field Site, on mutually agreeable dates. There will be no cost to the Municipality for use of this site. OPG Darlington also agrees that other specialized training other than fire may be needed for the CEFS. This training will be evaluated and mutually agreed to by both parties. Examples of non-fire training courses include, but are not limited to: HAZMAT, Station Systems Training For Fire Fighters, Orange Radiation Protection Qualification Training, Plant Layout Training, Radioactive Fire materials, Electrical fires, FDIC annual conference, and the Fire Chiefs Conference. Revised Oct 30/07 MOU Between Municipality of elarington and OPG 3 4. Fire Safety Plan The National Fire Code of Canada requires the preparation of a Fire Safety Plan in cooperation with the fire services and other applicable regulatory authorities, in order to protect people and property from fire and its effects. To this end, OPG shall prepare a Fire Safety Plan that is consistent with the requirements of the National Fire Code of Canada and/or applicable Ontario Fire Code. The Manager of Fire Protection - OPG will review the plan with the Fire Chief of the Municipality of Clarington. In order to ensure the Fire Safety Plan remains current and up-to-date, it shall be reviewed at least once a year and amendments shall be made as required. These amendments shall be approved by the Manager - Fire Protection OPG and reviewed by The Fire Chief of the Municipality of Clarington, and submitted to the appropriate authorities. 5. Work Plan, Joint Training and Equipment & Supplies 5.1 Work Plan On or before the end of every calendar year to which this MOU applies, the Manager of Fire Protection - OPG and the Fire Chief of the Municipality of Clarington shall approve an annual work plan detailing the joint activities Clarington and OPG propose to undertake for the following year. The Work Plan may be provided to and reviewed by CNSC. 5.2Joint Fire Training It is agreed that Municipality of Clarington Emergency and Fire Services (CEFS) and ON staff will participate in fire drills and/or live fire practices as determined by the OPG Manager - Fire Protection and the CEFS Senior Management team. This training is to be arranged so that each of the crews at ON and each of the crews at CEFS should have the opportunity to participate at least once. The purpose of these drills or live fire training is to improve the joint response of both organizations to a simulated major fire at ON and to identify continuous improvements to the response. Deficiencies will be documented in a report on each drill or practice and corrective actions implemented. Changes to the training schedule will be made as agreed by the Manager, Fire Protection OPG and the CEFS Senior Management team. Drills may be conducted in conjunction with other emergency response organization drills. Joint response to any unplanned events can also be counted as long as a response is documented and reviewed by the Manager, Fire Protection and the Chief of CEFS or their delegate. Revised Oct 30107 MOD Between Municipality of Clarington and OPG 4 Performance of the CEFS will not be evaluated by OPG during these drills. The purpose of the drills is to evaluate ON response and to ensure that adequate procedures are in place at ON to enable effective response by the CEFS staff. The schedule for the jointly evaluated fire drills will be established annually and agreed to between the Manager, Fire Protection OPG and the Fire Chief of CEFS. 5.3 Equipment & Supplies It is recognized that if equipment and supplies are to be shared then such equipment and supplies should be fully compatible. It is agreed that, to the extent practicable, shared equipment and supplies purchased and used at ON shall be fully compatible with equipment and supplies used by CEFS. Where necessary, equipment purchases made by OGNS will be reviewed by CEFS to ensure full compatibility with equipment used by CEFS. Self-contained breathing apparatus shall be the same and air cylinders shall be interchangeable. All fire hose threads and fittings shall be compatible or adapters purchased to ensure that all CEFS hoses, nozzles and related equipment are interchangeable. Where the purchase of a new item of equipment may be mutually beneficial consideration shall be given to the joint purchase of such equipment to defray the cost to both parties. Significant capital purchases may be considered on a case by case basis and require the appropriate level of approval. 6. Community Emergency Managment Pursuant to the Emergency Management and Civil Protection Act and applicable regulations under this act, the Municipality of Clarington maintains a Community Emergency Management Program. The Program is designed to ensure that Clarington is prepared for any type of community emergency. As host Municipality to ON, the Municipality of Clarington has additional pressure associated with hosting a nuclear facility. As such additional demands are placed upon the community as it needs to be prepared for all community emergencies Additionally, the Municipality of Clarington is routinely faced with non-emergency management issues related to ON such as CNSC Power Reactor Operating License renewals and amendment applications. On an annual basis, OPG agrees to provide a financial contribution to support the Municipality of Clarington Community Emergency Management Program. The Municipality of Clarington as a Host Community, agrees to provide regular updates on the progress of the EP Program to OPG Management. Revised Oct 30/07 MOO Between Municipality of Clarington and OPG 5 7. Financial Plan On or before the end of every calendar year in consultation with the Municipal Director of Finance and Fire Chief, the OPG Manager Fire Protection and the Chief Administrative Officer of the Municipality of Clarington shall approve a Financial Plan detailing the financial arrangements and commitments to be made between OPG and Clarington for the following year. The Municipality of Clarington will provide OPG with invoices documenting expenditures or services provided in accordance with the financial plan. OPG will reimburse the Municipality of Clarington for expenditures services Financial year is a calendar year. The Financial Plan for 2007 is as follows: Maximum Pa able 1 Annual Fire Ins ection Service 5,000 2 Annual Fire Safet Plan Review 3,000 3 Joint Fire Trainin 40,000 4 S ecialized Trainin for CEFS Senior Fire staff 10,000 5 10,000 Annual Contribution - Community Emergency 6 Mana ement Pro ram Total maximum payment to the Munici alit of Clarin ton for 2007 25,000 $ 93,000 Note: Mutual Aid: CEFS reasonable costs incurred will be invoiced after incident to ON. Equipment and Supplies Costs: will share where possible and invoiced to ON in accordance with inclusion in the CEFS annual budget process. 8. Employees / WSIB 8.1 Employees Notwithstanding any proVIsions or arrangements contained within this MOU, all employees of the Municipality of Clarington and all employees of the Ontario Power Generation shall remain employees of their respective organizations. Furthermore, all collective agreements and/or terms of employment of the respective organizations shall remain in full force and effect. Revised Oct 30107 MOU Between Municipality of Clarington and OPG 6 8.2 WSIB Where possible, the Municipality may seek compensation from OPG for any exposures resulting in a Municipal Firefighter's illness and death under WSIB. 9. Liabilities OPG shall indemnify and save harmless Glarington from and against all claims, losses, damages, actions, suits or proceedings arising out of this MOU and resulting from acts or omissions of OPG, its employees, agents and contractors involving negligence or misconduct in responding to a request for assistance by OPG and acts or omissions of Glarington or its employees, agents or contractors related to any involvement at ON, other than acts or omissions involving negligence or willful misconduct of Glarington , or its employees, agents or contractors. Subject to the application of the Nuclear Liability Act R.S.G. 1985, N-28, Glarington shall indemnify and save harmless OPG from and against all claims, losses, damages, actions, suits or proceedings arising out of this MOU and resulting from acts or omissions of Glarington, its employees, agents and contractors involving gross negligence or misconduct related to any involvement at ON and acts or omissions of OPG, or its employees, agents, or contractors in responding to a request for assistance by Glarington , other than acts or omissions involving gross negligence or willful misconduct of OPG, or its employees, agents, or contractors. In the event that damages, loss or injury caused by the hazardous properties of nuclear material, as defined under the Nuclear Liability Act, occur wholly or partially as a result of an unlawful act or omission of an employee, agent, contractor, sub-contractor of Glarington done with the intent to cause injury or damage, OPG will not pursue any right of recourse it may have against Glarington in such an event and any subrogation rights its insurers may have, will be exercised in accordance with the letter from OPG's insurer dated May 10, 2001, which forms Appendix 1 to this MOU. In no event whatsoever will either OPG or Glarington be liable for: a) indirect, special, incidental, contingent or consequential damages including loss of goodwill, loss or damage to data, or any information, loss of actual or anticipated revenue or profits, failure to realize expected savings, loss of use or any other economic loss whatsoever, even if OPG, or Glarington as the case may be, has been advised of the potential for such damages. However, Glarington shall be reimbursed for replacement and rental costs incurred pending delivery of new vehicle(s) andlor associated equipment, in the event that any vehicle andlor associated equipment related to any involvement at ON become(s) unusable as a result of contamination; and b) punitive, exemplary or aggravated damages. Additionally, in no event whatsoever will Glarington be liable for: a) direct physical damage to the radioactive or non-conventional (nuclear) parts of the ON; Revised Oct 30/07 MOU Between Municipality of Clarington and OPG 7 b) direct physical damage to the conventional (non-nuclear) parts of the ON, where such damage results from radioactive contamination; and c) any physical damage to ON and/or ON property damaged or lost while on the ON, providing that the damage or loss is not covered by conventional Commercial General Liability and/or Motor Vehicle Liability insurance policies. OPG and Clarington shall each maintain in effect Commercial General Liability insurance in the amount of at least 25 million dollars and Motor Vehicle Liability insurance in the amount of at least 2 million dollars. Clarington and OPG shall be named as additional insured's on the respective Commercial General Liability insurance policies and supply a certificate of insurance evidencing the said coverage and shall further provide certified copies of insurance policies upon request. Such request only to be made in the event of a potential claim situation where OPG's or Clarington's interests may be insured by the insurance coverage noted herein. The said insurance coverage shall not be cancelled or materially changed by either party without providing the other party with 60 days written notice. The party's insurers shall provide a waiver of subrogation to the other party, its employees, agents and contractors for such liability as the parties have assumed under this provision of the MOU. 10. Confidentiality of Security Related Information All information obtained by Clarington in the course of carrying out the terms of this MOU and which is expressly identified as confidential by OPG because of its security implications, shall not be disclosed by Clarington to third parties except with the prior written consent of OPG and except in accordance with applicable law. Without limiting the generality of the foregoing, such information might include the type, location and operation of the emergency systems of all buildings, the nature and location of any hazardous materials and the operation, features and location of security equipment. Clarington shall make its employees, agents and contractors who are likely to become involved in the activities contemplated in this MOU aware of Clarington's non-disclosure obligations as stated herein. 11. Security Clearances Clarington undertakes to exercise reasonable efforts to facilitate OPG obtaining security clearances for those employees, agents, or contractors of Clarington who will require access to the ON site in the course of carrying out the terms of this MOU. The aforementioned security clearances are those, which OPG must obtain in order to comply with any CNSC requirements for access to the protected areas of the ON and Waste Facility sites. Notwithstanding the provIsions of this MOU, either party to this memorandum may provide written notice of intent to terminate this memorandum to the other party at any Revised Oct 30107 MOU Between Municipality of Clarington and OPG 8 time. A copy of the written notice bv reqistered mail. courier or hand deliverv, of intent shall be forwarded to the CNSC and the other party to the MOU. Immediately following the expiry of 180 days after such notice the MOU shall no longer be in effect. 12. Amendments Except as otherwise expressly provided in this Agreement, no supplement, restatement or termination of this Agreement in whole or in part is binding, unless it is in writing and signed by each party. 13. Authorization/Enforcement Clarington and OPG has duly and validly authorized the execution, delivery and performance of this MOU and no other approvals are necessary to authorize this MOU. If any provision of the MOU is unenforceable or void by reason of law the remainder of the MOU will remain intact. 14. Notices Any communication concerning this MOU shall be issued in writing and delivered or mailed to the following addresses of the parties respectively: Municipality of Clarington Ontario Power Generation Municipality of Clarington 40 Temperance Street Bowmanville, Ontario L1C3A6 889 Brock Rd. South Pickering Ontario L 1W 3J2 Attention: Patti Barrie, Municipal Clerk Jim Abernethy, Mayor Franklin Wu, CAO Attention: John Shaw, Director Nuclear Protection Programs & Training Revised Oct 30/07 MOU Between Municipality of Clarington and OPG 9 IN WITNESS WHEREOF the parties have executed this MOU through their officers duly authorized on that behalf. CORPORATION OF THE MUNICIPALITY OF CLARINGTON Jim Abernethy, Mayor Patti Barrie, Municipal Clerk Date Date ONTARIO POWER GENERATION INC. ~~~ Bill Robinson, SVP Nuclear Protection Programs Mv Date 14-, Wo7 . , Attached: Appendix 1, NIAC Letter to OPG Dated May10, 2001 Revised Oct 30/07 MOU Between Municipality ofClarington and OPG 10 Memorandum of Understanding FIRE PROTECTION AND EMERGENCY RESPONSE Between the Municipality of Clarington and Ontario Power Generation, Darlington Nuclear APPENDIX 1 Nuclear Insurance Association of Canada Letter to OPG, Dated May 10, 2001 Revised Oct 30107 MOU Between Municipality of Clarington and OPG 11 Nuclear Insurance Association of Canada- 18 ICIng S\:re&l: liut, Sua 800 TGI'lIntD. Onmio M'SC 1C4 . T.I, (41S) S01.1801 . I'D: (411113SB-OS33 NIAC May 10, 2001 Bruce Power LP. c/o BI\IC8 Power lno. County Road 20, ConceAicn #4 Tlvel'lOn. 0ntIri0 NoG2TO olII1<I- Ontario Pow9r Genendion 1m::. 700 UnlYersity Avenue Tl:lronto. Ont1lllo M5G 1XO Dea/' Sil'5iMGsdame$: Ontario Power. Generation Inc. ("OPG") _ Bruce Power LP. t9~ FwMr") have aked lhe Nuc:lear Insu_ce Auoaiatlan or Canada ("NIAC") to darlfy its iniiIntIona wIll1 _m to ~ng NIAC's rlghts of a\lbrllgalkln with retpecl to 1M right or l8Cll..... available to the operator under sectiOn .12(b) or \he Nude8r /JabllJty Act (R.S.e. .1_ N-2B) (\he 'Act").. S801fan 12(b) ohhe Act ptOYldllS lhet Whera a nudear incident ~1IIng In any tnlUIY or damage of 1M JcnI cle$Cri.bed in aec:liOn S of II1e Act cx:curs Whl:lly or partlaly .. a rad or en uMlwl\ll act or orntssion of arl)'peISOn dOl* or omiltlld to be cknt wtIIllntent to ca_ tnlUlY or damage, tile CJ)lntor has a right of _I'M 8gUJsl lhat person. Under lhe stl!Inclerd NIAC nucII8r eneIVY llallftlty InSUlanc:e polley, lhe 1neUrW Is lubtogaUld to !his rllIht of I'IlOOIllW of the opei'Ulr. . ThIs IeIl8r IolIIII conftnn thIlt, in 1he event of 8 claim bting made under tIw nuclear energy IIabiI1\y polloles of ettI1erOPG or ~ "-, NIAC wiI only p~ b sulmlgellon /Ighl& under . ~ruph 8 of the Nuclear EnaIw Uabll1tY Poliqy llQ8kIst the Individual wno hu oommlllad tne unlawful act or omJsslcn, NIAC 'Nil not pursue 8f1Y rigIU IQ8inat arry corpoma llOcIy other ent!l)' wtlo might "!l'IPloy that Il'ldlY1dual on account of that indlvl$lar. ad$ or omissions. ~ Thia 'aUer may be relied upon by OPG and Bruca Power. as weD all arry third party oontraetI:lr Of suppRer prcMd"lftll goods or semcll tD OPG ancfIor BNc:e Power, ancl their ftI!lPCClI.. parent campan.... atIiIlates, subsidiarift 8ndIor All-.I oomplinles. togdler wtIh lhe o:fnc:tm8, oIlIc:el'S, employees and IgIInts of IICII SUCh lIl'IlII;y. Yours vvry trufy ~~~ ColI.., P. OeMen:Ilent. FClP, CRM Anillanl Msneger Revised Oct 30107 MOU Between Municipality of Clarington and OPG 12