Exempt Facility Notifications. Once DHS and the NRC agree on a final determination regarding a facility’s exempt status, DHS will notify the facility of the final determination and provide a copy of the notification to the NRC. If a facility’s status under NRC regulations changes in a manner that warrants reconsideration of the final determination on its CFATS exempt status, the NRC will inform DHS in a timely manner of any such changes, and DHS and the NRC will reevaluate the facility’s exempt status under the process described in Section 5(c) of this MOU. This reevaluation applies both to facilities that have been determined to be wholly or partially exempt from CFATS and to facilities that have not been declared wholly or partially exempt from CFATS.
