LIC-05-0058, Transmittal of Revised Computer Access and Confidentiality Agreement for NRC Signature

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Transmittal of Revised Computer Access and Confidentiality Agreement for NRC Signature
ML051290388
Person / Time
Site: Fort Calhoun 
Issue date: 05/09/2005
From: Bannister D
Omaha Public Power District
To: Mallett B
NRC Region 4
References
LIC-05-0058
Download: ML051290388 (5)
v • d • e


Text

Omaha Public Power District 444 South 16th Street Mall Omaha NE 68102-2247 May 9,2005 LIC-05-0058 Dr. B. S. Mallett Regional Administrator U. S. Nuclear Regulatory Commission, Region IV 61 1 Ryan Plaza Drive, Suite 400 Arlington, Texas 760 1 1-8064

Reference:

1. Docket No. 50-285
2. Letter from OPPD (Ross T. Ridenoure) to NRC (T. P. Gwynn) dated September 16,2003 (LIC-03-0129)

SUBJECT:

Transmittal of Revised Computer Access and Confidentiality Agreement for NRC Signature This letter transmits a revised Computer Access and Confidentiality Agreement (the Agreement) to the NRC Region IV Regional Administrator for signature. This Agreement will allow NRC to access certain electronic information in support of inspections of the Fort Calhoun Station (FCS).

In Reference 2, Omaha Public Power District (OPPD) transmitted the initial Agreement to the NRC Region IV Regional Administrator for signature. Subsequently, on March 23,2005, Mr. Gary R.

Cavanaugh (OPPD) received an email (correspondence) from Ms. Karla Smith Fuller, an NRC attorney. Ms. Fuller proposed several changes to the original agreement. Following legal review, OPPD finds the proposed changes to be acceptable.

Therefore, as detailed in the revised Agreement, OPPD desires to enhance the NRC's ability to perform its regulatory function with respect to FCS. To accomplish this goal, OPPD will provide the NRC with access to certain electronic information owned by OPPD and under OPPD's control.

Under the terms of this Agreement, the NRC will have more timely access to certain electronic information. Please note that the Agreement pursuant, to Paragraph 1 1, may be terminated by either party upon 30 days written notice.

If you concur with the revised Agreement, please sign page 3 of the attachment, make a copy of the attachment for your files, and return the original attachment to OPPD for signature. Following signature by OPPD, an executed copy of the Agreement will be sent to the NRC Region IV Regional Administrator.

Employment with Equal Opportunity

U. S. Nuclear Regulatory Commission Page 2 LIC-05-0058 If you require additional information, please contact Mr. Gary R. Cavanaugh at (402) 533-6913.

Sincerely, D. w v

J. Bannister Manager - Fort Calhoun Station DJB/GRC/grc Attachment c: A. B. Wang, NRC Project Manager J. D. Hanna, NRC Senior Resident Inspector Document Control Desk

Attachment Page 1 LIC-05-0058 COMPUTER ACCESS AND CONFIDENTIALITY AGREEMENT This Agreement is entered into between Omaha Public Power District ("OPPD") and the Nuclear Regulatory Commission (NRC) for the purpose of voluntarily providing the NRC onsite inspectors with access to electronic information contained in the OPPD network; including the OPPD Intranet, Resource Acquisition Management System (RAMS), and the Condition Reporting System (CRS).

RECITALS A.

B.

C.

D.

OPPD desires to enhance access to information with respect to Fort Calhoun Station (FCS) by voluntarily providing the NRC inspectors with access to certain electronic information owned by OPPD and under OPPD's control, so that the data to support NRC inspection activities may be electronically accessed in an expeditious and efficient manner.

OPPD is willing to make available to NRC inspectors certain computer hardware and software which will enable the NRC to access the electronic information from the FCS NRC's resident inspector's office.

All or portions of the electronic information made available to the NRC under this Agreement may contain confidential information andor information withholdable under 10 C.F.R. 2.390 which may not be clearly identified as confidential or withholdable under 10 C.F.R. 2.390, but that is customarily held in confidence.

OPPD desires to protect the confidentiality of such information and the ability to withhold it under 10 C.F.R. 2.390.

ARTICLES OF AGREEMENT Therefore, in consideration of the covenants and conditions set below, OPPD and NRC agree as follows:

1.

At no charge, OPPD will make available and maintain for the NRC resident inspectors' office at FCS a personal computer and associated software which are needed to access the electronic information.

2.

Consistent with the requirements of Title 10, Section 50.70(a), ofthe Code ofFederal Regulations, OPPD grants the NRC access to the data contained on the OPPD network as stated above. This electronic

Attachment Page 2 LIC-05 -005 8

3.
4.

5.

6.
7.
8.
9.

information will be available to the NRC as "view only access" with no data modification capabilities and no control over the associated programs. However, the NRC will have the capability to printout data retrieved from the OPPD network.

OPPD maintains the right to modify the electronic information presented on the OPPD network at any time to add, delete, change, or rename the applications listed therein.

The NRC acknowledges that the electronic information made available under this Agreement, whether in printed or electronic form, is owned by OPPD and may be considered confidential information and withholdable under 10 C.F.R. 2.390. The NRC agrees that the purpose for granting this use of electronic information by OPPD is to assist the NRC in more efficiently and expeditiously performing its regulatory hnction. OPPD acknowledges that all communications that are part of the regulatory process will continue to be accomplished in a manner consistent with the relevant NRC regulations contained in Title 10 of the Code of Federal Regulations, i.e., in an appropriate format and processed according to the NRC's normal docketing procedures.

The NRC will maintain in confidence and will not disclose to any third party, other than NRC employees and contractors who have a need to know such information for the purpose described above, either during or after the term of this Agreement, whether or not such information is in printout or electronic form, unless subject to a judicial order to do otherwise, or NRC makes a contrary determination that it is not withholdable under 10 C.F.R. 2.390 or 10 C.F.R. 9.17.

The NRC shall not print, copy or in any manner reproduce, in whole or in part, any electronic information, except as required to perform its regulatory function or official duties, without the consent of OPPD. No one representing the NRC will have the authority to modifl, revise, alter or amend any portion of any of the information or the associated software programs to which the NRC staff has on-site access pursuant to this agreement.

OPPD acknowledges that any electronic information which the NRC relies on and reduces to a hard copy printout or incorporates in agency files may become an agency record, and if so, may be subject to the Freedom of Information Act. In the event that the NRC receives a Freedom of Information Act Request to obtain any such printouts, the NRC will provide OPPD, prior to any public release, the opportunity to request that the electronic information be withheld from public disclosure by meeting the requirements of 10 CFR 2.390.

This Agreement shall benefit and be binding upon the parties and their respective successors and assigns.

This Agreement expresses the entire agreement and understanding of the parties with respect to the subject matter hereof and supersedes all prior oral and written agreements, commitments and understandings pertaining to the subject matter hereof. Except as described in Article 3, this Agreement

Attachment Page 3 LIC-05-0058 shall not be modified or changed in any manner except in writing and signed by both parties.

10.

The waiver by either party of a breach of any provisions of this Agreement by the other party shall not operate or be construed as a waiver of any other or subsequent breach by one of the parties. If any provision of this Agreement is held to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way.

11.

The term of this Agreement shall extend from the date of its execution by both parties until it is terminated by one of the parties. Either party may terminate this Agreement by giving the other party thirty (30) days' prior written notice. Upon termination, any confidentiality restrictions contained herein shall continue and survive the termination of this Agreement and remain binding on the parties, as limited within this agreement (e.g., see paragraph 5).

IN WITNESS WHEREOF, the undersigned have executed this Agreement.

OMAHA PUBLIC POWER DISTRICT BY:

TITLE:

DATE:

NUCLEAR REGULATORY COMMISSION BY:

TITLE:

DATE:

Last Revised: 05/06/05

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