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B K 00026 PG <br />MEMORANDUM OF UNDERSTANDING <br />THIS MEMORANDUM OF UNDERSTANDING (the "MOU ") is entered into as of <br />January I' ' 2014 (the "Effective Date "), by and between Duke Energy Progress ( "Duke <br />Energy "), as licensee of the Harris Nuclear Plant (the "Nuclear Plant "), and Lee County (the <br />"County "). Duke Energy and the County are herein referred to collectively as the "Parties" and <br />individually as a "Party ". <br />RECITALS <br />WHEREAS, Duke Energy desires to have the County provide, and the County desires to <br />provide, assistance to support the Nuclear Plant's Emergency Plan, as more specifically <br />described herein. <br />NOW THEREFORE, in consideration of the mutual promises contained herein and other <br />good and valuable consideration, the receipt and sufficiency of which the Parties acknowledge, <br />the Parties, intending to be legally bound, agree as follows: <br />1. Assistance to be Provided Pursuant to this MOU, the County hereby agrees to <br />provide assistance to support the Nuclear Plant's Emergency Plan, including the assistance <br />expected to be provided in the event of an emergency. For purposes of this MOU, an emergency <br />includes, but is not limited to, a radioactive release, hostile action, large scale fire or natural <br />disaster (e.g., hurricane, tornado, earthquake or flooding), as may be more specifically described <br />in the State and local emergency plans. <br />a. The County agrees that non - emergency assistance to be provided by the <br />County includes, but is not limited to: <br />i. updating, modify and developing the County's radiological <br />emergency response plans as required to provide sufficient resources (including <br />personnel) and equipment to the Nuclear Plant in the event of an emergency; <br />ii. complying with all applicable laws and regulations, including <br />those the Nuclear Regulatory Commission (NRC) or FEMA; <br />iii. providing assistance to all organizations and agencies within the <br />County (e.g., fire departments, local law enforcement agencies and emergency <br />medical service providers) in the planning, training, development and maintenance of <br />the County's radiological emergency response plans and procedures for the Nuclear <br />Plant; <br />iv. participating, as required, in radiological emergency response <br />exercises and drills, including, without limitation, the demonstration of mitigation <br />strategies and response capabilities to beyond design basis and hostile action <br />exercises sufficient to maintain Federal Emergency Management Agency (FEMA) <br />approval; and <br />