ML19294C521
| ML19294C521 | |
| Person / Time | |
|---|---|
| Site: | Maine Yankee |
| Issue date: | 08/29/1980 |
| From: | Maine Yankee |
| To: | |
| Shared Package | |
| ML19294C522 | List: |
| References | |
| NUDOCS 8009090477 | |
| Download: ML19294C521 (9) | |
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MR. JOHN F. AIEARNE, CHAIR 4AN, U. S. NUCLEAR REGUIKIORY CQt41ISSION, Washingw. D. C. 20555, U. S. A.
I have the honor to inform you that the Government of Mexico intends to promote the exchange of technical infornation and cooperation in the areas of nuclear and radiological safety and physical security between the Comisidn Nacional de Seguridad Nuclear y Salvaguardias ( CNSNS )
and the United States Nuclear Regulatory ODmnission ( USNBC ). To this end, I propose the establishnunt of appropriate procedures to effect said exchange and cooperation, in the light of the Program of Scientific and Technical (boperation signed by our two Governments on June 15, 1972.
The exchange of technical information and cooperation will refer to the Laguna Verde Nuclear Power Station and similar plants of Amrican origin in Mexico, as wull as to similar plants in the United States.
To this end, I would propose that the USNRC designate a coordinator in order to prepare, together with a counterpart frca CCSNS, a detailed procedure for the inplenuntation of this exchange. The two cmrdinators should initiate these tasks inmediately and the exchange shall be
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Slruld this proposal meet with your approval, this letter and your letter of reply shall constitute a fonral arrangement between our two agencies.
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c s c:-um: Ac nuctra n v 5AR.wauAFC AS 2 :c=.c mo rc:n,co SR. JOHN F. AHEARNE, CDMISIONADO PRINCIPAL, COMISION DE REGIAMACION NUCLEAR DE IOS ESTADOS UNIDOS DE AVERICA, Washington D. C. 20555, U. S. A.
Tengo la honra de ccmunicar a usted que el Gobierno de los Estados Unidos Mexicanos se propone fcmntar el intercarbio de informacidn y cooperacidn t6cnica en rateria de seguridad nuclear, readiol6gica y ffsica, entre la Canisi6n Nacional de Seguridad Nuclear y Salvaguardias de MS.dco ( CNSNS )
y la Comisi6n de Reglamentaci6n Nuclear de los Estados Unidos de Am6rica
( USNRC ) y para tales fines propongo que se establezcan los procodirie_n tos apropiados para realizar dicho intercarbio y cooperaci6n a la luz -
del Programa de Cooperaci6n Cientifica y T6 mica, firmado entre nuestros Gobiemos el 15 de junio de 1972.
El intercambio de informc16n y cooperaci6n de que se trata, estard refe_
rido a la Planta Nuclear de Iaguna Verde y plantas similares de procede_n cia estadounidense por lo que respecta a F4xico y a plantas similares en los Estados Unidos de Amdrica.
Al efecto me permito sugerir a usted que la USNBC, designe a un coordina_
dor para que conjuntarente con el que designe esta Comisi6n, elaboren en detalle los procedimientos a seguir para este intercarbio. Los coordina-D l
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dores iniciaran esta tarea de inmediato y el intercarrbio se efectuard entre la CNSNS y la USNFC dentro de sus respectivas dreas de ccnpeten_
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Si esta propuesta merece su aprobacidn, la presente carta y la res puesta de usted, constituirdn un arreolo formal entre las dos Comisio_
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Quedo de Usted muy Atentamente,
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DRAFT IMPLEMENTING PROCEDURES FOR THE EXCHANGE OF TECHNICAL IllFORMATION AND COOPERATION Irl NUCLEAR SAFETY MATTERS BETWEEN THE COMISION NACIONAL DE SEGURIDAD HUCLEAR Y SALVAGUARDIAS OF f1EXICO AtlD THE ?!UCLEAR REGUDTORY COMMISSIGH OF THE UllITED STATES OF Ai' ERICA The United States Nuclear Regulatory Commission (hereinafter called the U.S.fl.R.C.) and the Comision Nacional de Seguridad Nuclear y Salvaguardias of Mexico (hereinaf ter called the C.H.S.H.S.);
Considering the desirability of an exchange of information pertaining to regulatory matters and of standards required or recommended by their organiza-tions for the regulation of safety end environmental impact of the Mexican Laguna Verde Power Station (P.fl.L.V.) and similar U.S. and Mexican nuclear facilities; Having a mutual interest in cooperation in the field of nuclear safety research and development; In implementation of R. Bello's letter of July 30, 1980 to U.S.H.R.C.
Chairman Ahearne and the U.S.H.R.C. response of September
, 1980 to the C.H.S.N.S. Technical Secretary, and taking into account the Program for Scientific and Technical Cooperation signed by our two countries June 15, 1972; Have decided to establish the following procedures in order to achieve the indicated technical exchange and cooperation.
2 I.
SCOPE I.1 Technical Information Exchange To the extent that the U.S.H.R.C. and the C.H.S.N.S. are permitted to do so under the laws and regulations of their respective countries, the parties agree to exchange the following types of technical infor-mation relating to the regulation of safety and environmental impact of designated nuclear energy facilities:
a.
Topical reports concerning technical safety and environmental effects written by or for one of the parties as a basis for, or in support of, regulatory decisions and policies.
b.
Documents relating to significant licensing actions and safety and environmental decisions affecting the indicated nuclear facilities.
c.
Information relating to facilities being planned or built near the U.S.- Mexican frontier, such as site and plant design safety reports, environmental impact evaluations, preliminary proposals, operating licenses, and other important licensing documents.
d.
Detailed documents describing the U.S.H.R.C. process for licensing and regulating certain U.S. facilities designated by the C.H.S.N.S. as similar to P.N.L.V. and facilities of this type oeing built or planned in Mexico and equivalent documents on such Mexican facilities.
e.
Information in the field of reactor safety research that requires early attention in the interest of public safety, along with an indication of significant implications.
. Also, although neither party commits to full disclosure of all information pertaining to reactors of non-U.S. origin, each party undertakes to advise the other of any known nroblems which might affect the safety of U.S. or Mexican reactors, regardless of the source of this information.
f.
Reports on operating experience, such as reports on nuclear incidents, accidents and shutdowns, compilations of historical reliability data on components and systems, and notices of effluent releases that could have transboundary effects.
9 Regulatory procedures for the safety, safeguards, and environmental impact evaluation of nuclear facilities.
h.
Early advice of important events, such as serious operating incidents and government-directed reactor shutdowns, that are of immediate interest to the parties, i.
Information on non-sensitive activities concerning waste management and storage, specifically excluding reproccessing technol ogy.
1.2 Plans for Dealing with Emergencies Which May in Some Way Affect a Heighboring Country Outsida the Facility Although no facilities currently licensed would apoear to require the prepara: lon of a coordinated Mexico-U.S. energency plan, it is recognized that such coordinated emergency plans may be a future requirement. Agreement between the U.S.N.R.C.
and the C.H.S.N.S. on cooperation in joint preparation of emer-gency plans will be made as required, taking into account other
. governmental agreements related to this matter. Assistance to be rendered during emergencies will be decided on a case-by-case basis.
I.3 Plans for Locating Power Reactors Hear the Frontier Each party agrees to advise the other promptly of plans under consideration to locate a nuclear power plant within 30 miles of the U.S.-Mexico frontier or within 30 miles of a body of water along this frontier.
I.4 Exchange of Regulatory Standards Copies of regulatory standards required to be used, or proposed for use, by the regulatory organizations of a party will be made available to the other party on a timely basis.
I.5 Training and Assignments On request, the U.S.H.R.C. will assist the C.H.S.H.S. in providing certain training and experience for C.H.S.H.S. safety personnel.
Costs of salary, allowances and travel of C.N.S.N.S. participants will be paid by the C.N.S.N.S.
Participation will be permitted within the limits of available resources. The following are typical of the kinds of training and experience that may be provided:
a.
C.N.S.H.S. inspector accompaniment of U.S.H.R.C. inspectors on operating reactor and reactor construction inspections in the U.S., including extended briefings at U.S.N.R.C. regional inspection offices.
. b.
Participation by C.N.S.N.S. employees in U.S.N.R.C. staff training courses.
c.
Assignment of C.H.S.N.S. employees for 1-2 year periods to the U.S.fl.R.C. staff, to work on U.S.H.R.C. staff duties and gain experience.
I.6 Additional Safety Advice To the extent that the documents and other information provided by U.S.N.P..C. as described in I.1 through I.5, above, are not adequate to meet C.H.S.H.S. needs for technical advice, the pm t'.is will consult on the best means for fulfilling such needs.
II.
EXCHAhSE AND USE OF INFORMATION II.1 General The parties support the widest possible dissemination of information provided or exchanqed under these procedures, subject to the need to protect proprietary or other confidential or privileged information as may be exchanged hereunder.
11.2 Definitions ( As used in Article II) a.
The term "information" means nuclear energy-related regulatory, safety, safeguards, scientific, or technical data, including information on results or methods of research and development, and any other knowledge intended
. to be provided or exchanged under this agreement.
b.
The term " proprietary information" means information which contains trade secrets or commercial or financial information which is privileged or confidential.
c.
The term "other confidential or privileged information" means information, other than " proprietary information,"
which is protected from public disclosure under the laws and regulations of the country providing the information and which has been transmitted and received in confidence.
II.3 Marking Procedures for Documentary Proprietary Information A party receiving documcntary proprietary information pursuant to this agreement shall respect the privileged nature thereof, provided such proprietary information is clearly marked with the following (cr substantially similar) restrictive legend:
"This document contains proprietary information furnished in confidence under an implementing agreement signed between the United States Nuclear Regulatory Commission and the Mexican National Nuclear Safety and Safeguards Commission and shall not be disseminated outside these organizations, their consultants, contractors, and licensees, and concerned departments and agencies of the Government of the United States and the Government of Mexico without the prior approval of (
name of submitting party
).
This notice shall be marked on any reproduction hereof, in whole or in part.
These limitations shall automatically terminate when this information is disclosed by the owner without restriction."
. II.4 Dissemination of Documentary Proprietary Information a.
Proprietary information received under these procedures nay be freely disseninated by the receiving party without prior consent t' nersons within or enployed by the receiv-ing party, and to concerned Government departments and Government agencies in the country of the receiving party.
b.
In addition, proprietary information may be disseminated without prior consent (1) to prime or subcontractors or consultants of the receiving party located within the geographical limits of that party's nation, for use only within the scope of work of their contracts with the receiving party in work relating to the subject matter of the proprietary information; and (2) to organizations permitted or licensed by the receiving party to construct or operate nuclear production or utilization facilities, or to use nuclear materials and radiation sources, provided that such proprietary information is used only within the terns of the permit or license; and (3) to contractors of organizations identified in II.4b. (2), above, for use only in work within the scope of the permit or license granted to such organizations,
8-Provided that any dissenination of proprietary information under (1), (2), and (3), above, shall be on an as-needed, case-by-case basis, and shall be pursuant to an acreement of confidentiality.
c.
With the prior written consent of the party furnishing proprietary information under these procedures, the receiving party may disseminate such proprietary information more widely than otherwise permitted in subsections a. and b.
The parties shall cooperate in developing procedures for reauesting and obtaining approval for such wider dissemination, and each party will grant such approval to the extent pennitted by its national policies, regulations, and laws.
11.5 Markina Procedures for Other Confidential or Privileaed Information of a Documentary Nature A party receiving under these proced fres other confidential or privileged information shall respect its confidential nature, provided such information is clearly marked so as to indicate its confidential or privileged nature and is accompanied by a statement indicating a.
that the information is protected fron public disclo-sure by the Government of the transmitting party; and b.
that the information is subnitted under the condition that it be maintained in confidence.
9-II.6 Dissemination of Other Confidential or Privileged Information of a Documentary Hature Other confidential or privileged information may be disseminated in the same manner as that set forth in paragraph II.4, Dissemination of Documentary Proprietary Information.
II.7 Non-Documentary Proprietary or Other Confidential or Privileged Information Non-documentary proprietary or other confidential or privileged information provided in seminars and other meetings arranged under these procedures, or information arising from the attachments of staff, use of facil'ities, or joint projects, shall be treated by the parties according to the principles specified for documentary information in these procedures; provided, however, that the party communicating such proprietary or other confidential or privileged information has placed the recipient on notice as to the character of the information communicated.
II.8 Consultation If, for any reason, one of the parties becones aware that it will be, or may reasonably be expected to become, unable to meet the nondissemination provisions of these procedures, it shall immedi-ately inform the other party. The carties shall thereafter consult to define an appropriate course of action.
. II.9 Other Mothing contained in this agreement shall preclude a party from using or disseminating information received without restriction by a party from sources outside of this agreement.
III. COOPERATION III.1 The exchange of information under these procedures will be accomplished through letters, reports, and other documents, and by visits and meetings arranged in advance.
A meeting will be held annually, or at such other times as mutually agreed, to review the exchange of information, to recommend revisions to the provisions of these procedures, and to discuss topics within the scope of the exchange.
The time, place, and agenda for such meetings shall be agreed upon in advance.
Visitt, including their schedules, shall have the prior approval of the coordinators.
III.2 A coordinator will be designated by each party for the overall exchange covered by these procedures. The coordinators shall be the recipients of all documents transmitted under the exchange, including copies of all letters unless otherwise agreed.
With1r the terms of the exchange, the coordinators shall be responsible for developing the scope of the exchange, including
_ agreement on the designation of the nuclear energy facilities subject to the exchange, and on specific documents and standards to be exchanged.
III.3 The coordinators shall determine the num r of copies to be provided of the documents exchanged.
Each document will be accompanied by an abstract in English, 250 words or less, describing its scope and content.
III.4 The application or use of any information exchanged or transferred between the parties under these procedures
'shall be the responsibility of the receiving party, and the transmitting party does not warrant the suitability of such information for any particular use or application.
III.5 Re. cognizing that some information of the type covered in these procedures is not available within the agencies which participate, but is available from other agencies of the governments of the parties, each party will assist the other to the maximv.:. extent possible by organizing visits and directing inquiries concerning such information to approoriate agencies of the government concerned.
The foregoing shall not constitute a commitment of other agencies to furnish such informa*'en ir to receive such visitors.
. III.6 Nothing contained in these procedures shall require either party to take any action which would be inconsistent with its laws, regulations, and policy directives. No nuclear information related to proliferation-sensitive technologies will be exchanged under these procedures.
Should any conflict arise between the terms of these procedures and those laws, regulations, and policy directives, the parties agree to consult before any action is taken.
IV.
FINAL PROVISIONS IV.1 These procedures shall enter into effect upon signature and, subject to paragraph IV.2 of this Article, shall remain in force for five years unless extended for a further period of time by agreement of the parties.
IV.2 Either party may withdraw from the present procedures after providing the other party written notice 90 days prior to its intended date of withdrawal.
Signed in Washington, D. C. on the day of 1980 and in Mexico City on the day of 1980.
FOR THE COMISION NACIONAL DE FOR THE HUCLEAR REGULATORY SEGURIDAD NUCLEAR Y COMMISSION OF THE SALVAGUARDIAS OF MEXIC0 UNITED STATES OF N1 ERICA (Name)
(Name)