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MAY 2 71983
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JRShea JDLafleur WSlaVine File-Phil I.3 JGKeppler, R III Dr. Zoilo Bartolome CWilliams, R III Comissioner SDeFino, SEC Philippine Atomic Energy Comission ELD P. O. Box 932 RDeYoung, IE Metro Manila, The Philippines WJDircks EDO
Dear Dr. Bartolome:
I am pleased to extend this official invitation to Mr. Roberto Bansil to be temporarily assi Comission (NRC)gned , Region III, toforthea staff of the six-month United period States June beginning Nuclear 1983. Regulatory Mr. Bans 11, an employee of the Philippine Atomic Energy Comission (PAEC),
will be assigned to the Engineering Programs Branch, where he will gain experience as an inspector of nuclear power plant structures.
Please let us know as soon as possible the exact date we may expect Mr. Bans 11.
He should call Dr. Joseph D. Lafleur, Jr., (301) 492-7131, for Ony infomation or assistance he needs prior to reporting to Glen Ellyn, Illinois.
In addition to the extension of this invitation. I would like this letter, upon your countersignatures, to serve as a memorandum of the followint, understandings:
- 1. Mr. Bansil will engage in activities essentially similar to those engTged in by HRC employees, without any special " diverse experience" assignments except those that might be convenient to the NRC.
- 2. All salary, allowances, and travel costs for Mr. Dansil will be assumed by the Philippine Atomic Energy Comission or the International Atomic Energy Agency.
- 3. The assignment will be for a period of six months. However, by mutual consent of the signators to this memorandum, this assignment may be teminated prior to the expiration of such period or may be extended for an additional period. .r
- 4. The PAEC affirms that Mr. Bansil is a pemanent employee of its safety organization and will retain the employment relationship during his assignment to the NRC and recomends him for his outstanding capability.
- 5. The PAEC affims that Mr. Bansil is capable of speaking, reading, and-writing English fluently.
- 6. Mr. Bansil shall observe all rules, regulatiorts, and requirements of the NRC including, but not limited to, security, safety, health, hours of work, and conduct.
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NAY I I 1903 Dr. Zoilo Bartolome 2
- 7. In his activities during this assignment, Mr. Bansil may encounter information furnished to the NRC in confidence. Upon starting activities at the NRC, he will sign the enclosed statement (Annex 1) agreeing not to reproduce or remove any proprietary doctanents from their proper place of use and storage and agreeing not to disclose such information or in any other way violate the conditions under which the NRC receives and uses proprietary infonnation. All signators will be provided signed copies of this memorandum.
- 8. Annex 2 describes the assignment of patents rights for patents resulting from this assignment.
- 9. Annex 3 is the proposed Security Plan for Mr. Bansil.
- 10. The liability of the NRC for injury to Mr. Bans 11 or damage to his property, the liability of Mr. Bansil and the PAEC to the NRC for damage to its property, and the liability of Mr. Dans11 and the PAEC to third parties for personal injury or property damage will be governed by the applicable
. law of the United States and the laus of the several States. The laws of the States are not uniform, but in general, no party shall be liable to another party for personal injury or property damage unless such injury or damage is caused by the fault, negligence, or intent of the one party or its agents.
Sincerely,
@ DOS William J. Dircks ililliam J. Dircks Executive Director for Operations Dr. Zoilo Bartolome Cornissioner, PAEC
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Enclosures:
- 1. Annex 1
- 2. Annex 2
- 3. Annex 3 n l' . o QA?fl r' ~,
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ANNEX 1 MEMORANDUM ON BUSINESS CONFIDENTIAL TECHNOLOGY, INFORMATION AND TRADE SECRETS Whereas, the Philippine Atomic Energy Comission, hereinafter referred to as the PAEC, and the United States Nuclear Regulatory Conunission, hereinafter referred to as the NRC, have agreed by letter to the assignment of the undersigned employee of the PAEC to the NRC; and Whereas, the NRC from time to time receives business confidential technology, information or trade secrets which are the property of others;
, Now, therefore, in consideration of my assignment under this agreement in a capacity which could make available to me business confidential technology and trade secrets which are the property of others:
I agree:
To keep confidential and not disclose or use during the period of my assignment or any extension thereof, or subsequent thereto, any busi-ness confidential technology, information or trade secrets of the NRC or others, except as authorized or required by the NRC during my assignment to the NRC; and Not to permit any other individual to have access to any such business confidential technology, information or trade secrets in my possession unless within the tenns of the aforementioned agreement, the NRC so authorizes and directs; and Not to make copies of or to take any papers containing such business confidential information fron their proper places of use and storage.
2 Roberto Bansil Date
ANNEX 2 F02M NRC-203 (1-75)
UNITED STATES NUCLEAR REGULATORY COMMISSION AGREEMENT COVERING DISCOVERIES, INVENTIONS, AND IMPROVEMENTS
- 1. This Agreement is made by me with the United States Nuclear Regulatnry Commission (hereinafter called the " Commission") in consideration of my engagement or employ-ment by the Commission.
- 2. I hereby agree:
(2) To furnish the Commission with complete information on every invention, discovery or improsement, arising from or related to work conducted or sponsored by the Commission, and made or conceived by me during the period of my engagement or employment by the Commission; (b) That the Commission shall have the sole power to determine whether or not and where a patent application shall be filed, and to determine the disposition of the title and the rights under any such invention: discovery or improvement, and under any application or patent that may result; (c) That any claim for a pecuniary award or compensation under the Atomic Energy Acts of 1946 and 1954 hereby it waived with respect 'o such invention, discosery or improsement:
(d) That the judgment of the Commission on all such matters shall be accepted as final; (e) To execute all documents and to do all things necessary or proper to carry out the judgment of the Commission. This will include aiding the Commission (at Gosernment expense, by proper arrangement) in the piosecution of applications for patents. and in defense of the Gosernment's rights. in any country.
- 3. The term "Corrmission" shall include anj duly authorized representative of the United States Nuclear Regulatory Commission.
Witness Date J
(54 nature)
CONSENT AND WAIVER The foregoing Agreement of is hereby consented to and approved this day of and all rights under any prior agreement are hereby unised to the einnt of any conflict with such Agreement.
e By its
ANNEX 3 SECURITY PLAN FOR THE ASSIGNMENT OF FOREIGN R ULATORY AGENCY EMPLOYEE, ROBERTO BANSIL, Tbt /HILIPPINES TO THE NRC REGION III, CLEN ELLYN, ILLINDIS Purpose The purpose of this Security Plan is to describe the procedure to be used to control and prevent access by Mr. Bansil to classified, sensitive, or safeguards information contained in documents or discussed by others in the vicinity of Mr. Bansil.
Background
Mr. Bansil is on a six-month assignment from the Philippine Atomic Energy Commission to the United States Nuclear Regulatory Commission. This six-month period is from June 1983 through November 1983. He has been assigned to the NRC Region III Office, Engineering Programs Branch, for the period June 1983
- to November 1983. During this assignment, Mr. Bansil will perform the functions of an engineering inspector but may work with other branches in Region III for short periods. Mr. Bansil's direct supervisor is Mr. William Little, Chief,
- Engineering Programs Branch, Region III.
Protection of Information The Region III Engineering Programs Branch does not retain or store any classified, sensitive, or safeguards 'information. Thus, in the normal course of Mr. Bansil's activities, he will not be exposed to any such information.
Classified, sensitive, or safeguards information held in other parts of the division or office to which Mr. Bansil is assigned will be protected through normal procedures requiring a need-to-know prior to access. Prior to any short periods of work with other branches by Mr. Bansil, Mr. Little will inform the other branches of the content of this plan to ensure that classified, sensitive, or safeguards information is not accessible.
It has been determined that Mr. Bansil can generally perform his assigned functions without having access to proprietary information although occasional access may be necessary. Proprietary information is maintained in the Engineering Programs Branch. Mr. Bansil and all members of the Engineering Programs Branch have been instructed by the Branch Chief, Mr. Little, that Mr. Bansil does not have a need to use proprietary
- information. An agreement signed by Mr. Bansil concerning propr.ietary information is attached to this plan.
2 Badgino and Escorting Mr. Bansil will be issued an F Series photo identification badge which will allow unescorted access to and within the Region III offices. By signature on this plan, Mr. Bansil acknowledges the requirement to wear this badge in a visible location at all times while inside NRC offices. All Region III personnel and Mr. Bansil's co-workers, those assigned to the Engineering Programs Brancl., have been informed by Mr. Little of the requiren.ent for lir. Bansil to wear his badge. This badge is to be turned in to the Security Officer upon completion of the assignment. Mr. Bansil will be escorted whenever it is necessary for him to visit other regional offices or Headquarters' buildings.
Mr. Bansil will have unescorted access to all areas within the region, except designated security areas, during nomal Government working hours (8:00 a.m.
through 5:00 p.m., Monday through Friday, excluding holidays). During any other hours, Mr. Bansil must be under escort by a 0-cleared NRC employee and such access must be approved by Mr. Little.
Work Area Mr. Bansil's normal work area is the area of the Engineering Programs Branch offices. No classified or sensitive unclassified (e.g., nuclear propulsion or fuel cycle) information is located--nor will it be introduced--in the Engineering Programs Branch offices during the period of this assignment.
Classified information stored in other locations will be protected through normal procedures requiring the supervisor's request and a need-to-know prior to access. Proprietary information maintained by Region III will be stored according to NRC Security Manual Chapter 2101, Part 16, requirements.
Visits to U.S. Government and Privately Owned Facilities By signature on this plan, Mr. Bansil acknowledges the requirement that he may not authorize visits by other individuals to NRC facilities.
Visits to Government and privately owned facilities by Mr. Bansil required by ,
this assignment will be arranged by Mr. Little who will also inform the parties to be visited by Mr. Bansil of the information access limitations of this plan.
Mr. Bansil agrees not to use his assignment with NRC or his NRC photo identification badge for any visit not arranged by Mr. Little.
Building Access Region III employees are issued keys so that they n'ay gain access to the Office during non-work hours. Mr. Bansil will not be provided, or have access to, these keys.
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3 Implementation This plan has been agreed to by Mr. Little and representatives of IP and -SEC.
Mr. Little is responsible for the direct implementation and conduct of this plan. IP and SEC are responsible for informing other NRC personnel about the program for assignment of foreign regulatory agency employees to the NRC and '
the related responsibilities about protection of certain information.
,my modification or change 'to this Security Plan, such as temporary reassignment or training within another building, will be documented and approved by the Region III Regional Administrator, and will be approved by the Division of Security prior to implementation.
Approved:
James Keppler James R. Shea Raymond J. Brady Regional Administrator Director Director Region III International Programs Division of Security I have read and been briefed concerning the above Security Plan and agree to abide by its. contents. .
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PRIORITY UNCLASSIFIED JRShea JDLafleur WSL Vine AmEmbassy MANILA
-Phil I 3 JGKeppleri R III CWilliams, R III SDeFino, SEC ELD RDeYoung IE Department of State ^ ' '"" " "
N/A TNUC, RP NRC Assignment of a Philippine National The attached U.S. Nuclear Regulatory Comission letter of invitation to the Philippine Atomic Energy Comission is self-explanatory. NRC would appreciate its delivery to Dr. Zoilo Bartolome (who awaits its arrival) on an urgent basis.
Attachment:
May 27,1983 Letter WJDircks USNRC, to ZBartolome, PAEC (1)
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UNCLASSIFIED MINAL SIGNED DY: JOSE.ril D. LAFLEU2 USNRC/IP:JDLafleur, Jr. 5/31/83 492-7131 OES/NTC:MProchnik
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3 N0hWSYON NG LAKAS AIOREKA NG equPW8AS y1 -
(Philipine Atcanic meergy M=dasd i
gest aanmaan asances Asena, amanner aussoir cary -
s P.O. Box 932 Manila Cablegram PHIIXICHIC 'hlephone No. 97-60-11 to 15 Telen No. 66884 NCN Ref.: DNRSIS No. 2.2.8307 ..
18 May 1983 f
Office of International Programs U.S. Nuclear Regulatory Commission Washington, D.C. 20555 U. S. A.
ATTENTION: Dr. J.D. Lafleur Deputy Director &
_ Asst. Director for International Cooperation
Dear Dr. Lafleur:
This amplifies my telex requesting USNRC Technical Assistance during our review of the Final Safety Analysis Report (FSAR) for the Philippine Nuclear Power Plant (PNPP-1.
review team and the expense)of transporting them from the US to theB Philippines, it is suggested that parallel reviews be conducted by the PAEC and NRC Reviewers with PAEC retaining responsibility for corresponding with our licensee and his contractor.
1 It is suggested that the NRC appoint a Project Manager (PM) to coordi-nate the NRC review effort and to interface with the PAEC Review Team which is under the direction of Dr. A.E. Refre, Head of the Department of Nuclear Regulations and Safeguards.
The NRC PM could schedule periodic trips to the RP to discuss NRC and PAEC reviewer questions and to fonnulate the rounds of questions to the licensee. Technical interchange between specific NRC and PAEC reviewers could be arranged when necessary, either in the US or RP; however, normal review interchange could be handled between the NRC PM and Dr. Refre. PAEC would be responsible for forwarding rounds of questions to ;
the license'e, and for finalization of the Safety Evaluation Report. i t
- This method of review is proposed on the premises that the level of NRC '
effort could be greater if review could be done without the large travel and i living costs associated with moving a review team to the Philippines. If the i
majority of the staff costs are expended in actual review, a broader cross i
! section of NRC staff expertise could be utilized and review aids and experience would be mom directly available to the NRC reviewers. Additonally, reviewer l
time utilization while awaiting further information or responses to questions !
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! would be enhanced if alternative USNRC review assignments were performed by i the reviewers during the foreseen dead times. {
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Dr. J.D. Lafleur 18 May 1983
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- If you are amenable to this proposal, we shall request IAEA to shoulder the expenses which we estimate to be of the order of $100,000.00.
Your assistance in obtaining USNRC support during this crucial phase of our licensing effort shall be profoundly appreciated.
Very truly yours,
,h. de4 b
)ILO M. RTOLOME Comissioner i
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