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bec: WJDircks. EDO AUG 121981 JRShea, IP JDLafleur, IP WSlaVine, IP
!' EJordan, IE
, EC ELD j Dr. Zoilo Bartolome .
F Comissioner l Philippine Atomic Energy Comission l P. O. Box 932
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Metro Manila. The Philippines i
Dear Dr. Bartolome:
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l I am pleased to extend this official invitation to Mr. Vincent V. Nacario to be '
I temporarily Commission NRC). (assigned Officetoof the staff ofand Inspection theEnforcement, United States for aNuclear twelve-month Regulatory "
period beginning August 1981. Mr. Nacario, an employee of the Philippine Atomic Energy Comission (PAEC), will be assigned to the Reactor Engineering Branch, where he will gain experience as a reactor engineer in the review of systems and components perfomance for the identification of potential generic safety concems and to pmvide engineering support to IE regional offices.
Please let us know as soon as possible the exact date we may expect Mr. Nacario.
- He should call Dr. Joseph D. Lafleur. Jr. , (301) 492-7131 for any infonnation j or assistance he needs prior to reporting to Bethesda, Maryland.
In addition to the extension'of this invitation. I would like this letter. 5 upon your countersignatures.. to serve as a memorandum of the following ,
understandings:
l 1. Mr. Nacario will engage in activities essentially similar to those engaged '
in by NRC 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. Nacario will be assumed by the International Atomic Energy Agency.
l The assignment will be for i a period of twelve months. However, by mutual -
! 3.
! consent of the signators to this memorandum, this assignment may be terminated prior to the expiration of such period or may be extended for ,
i an additional period. t
- 4. The Philippine Atomic Energy Comission affirms that Mr. Nacario is a j 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. Mr. Nacario is capable of speaking, reading, and writing English fluently.
- 6. Mr. Nacario shall observe all rules, regulations, and requirements of the NRC including, but not limited to, security, safety, health, hours of work. and conduct. '
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i Dr. Bartolome 2 AUG 121981 l i
- 7. In his activities during this assignment, Mr. Nacario may encounter infomation 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 docisnents 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 information. All signators will be provided signed copies of this memorandia.
- 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. Nacario.
- 10. The liability of the NRC for injury to Mr. Nacario or damage to his property, the liability of Mr. Nacario and the PAEC to the NRC for damage to its property, and the liability of Mr. Nacario 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 laws 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, (Signed) Z. Kevin Come11
_ William J. Dircks Executive Director for Operations i
Dr. Zoilo Bartolome j Commissioner
Enclosures:
- 1. Annex 1
- 2. Annex 2
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MEMORANDUM ON BUSINESS C0'FIDENTIAL N TECHNOLOGY,
. _. INFORi4ATION AND TRADE SECRETS . .
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Whereas, the Philippine Atomic Energy Cm mission, hereinafter referred to as the 'PAEC, and the United States Nuclev Regulatory Commission, hereinafter referred to as the USNRC, have agreed by letter to the assignment of the undersigned, employee of the PAEC to the USNRC; and Whereas, the USNRC 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
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To keep confidential and not disclose or use during the period of my -
' assignment or any extension thereof, or subsequent thereto, any business confidential technology, information or trade secrets of the USNRC or others, except as authorized or required by the USNRC during my assignment to the USNPC; 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 terms of the aforementioned agree-ment, the USNRC so a'uthorizes and directs; and Not to make copies of or to take any papers containing such business confidential information from their proper places of use and storage.
Vincent V. Nacario
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- - ANNEX 3 SECURITY PLAN FOR THE ASSIGNMENT OF FOREIGN REGULATORY AGENCY EMPLOYEE, VINCENT V. NACARIO, THE PHILIPPINES, TO THE NRC Purpose I The purpose of this Security Plan is to describe the procedures to be used to control and prevent access by Mr. ~Nacario to classified and other sensitive information contained in documents or discussed by others in the vicinity of Mr. Nacario. .
Background
Mr. Nacario is on a' one-year assignment from the Philippine Atomic Energy Commission to the United States Nuclear Regulatory Commission. This one-year period is from August 1981 through July 1982. He has been assigned to the Office of Inspection and Enforcement (IE), Division of Resident and Regional '
Reactor Inspection (RRRI). During this assignment Mr. Nacario will perform the functions of a reactor engineer and may work with other branches in IE for short periods including regional offices and resident inspector offices at -
nuclear power plants. Mr. Nacario's supervisor is Mr. Robert Baer, Chief, Reactor Engineering Branch (REB).
Protection of Information RRRI does not retain or store any classified or sensitive information. Thus, in the normal course of Mr. Nac.srio's activities, he will not be exposed to any such information. Classified or sensitive information held in other parts of the division or office to which Mr. Nacario is assigned will be protected through nornal procedures requiring a need-to-know prior to access. Prior to any short periods of work with other IE organizations by Mr. Nacario, Mr. Baer will inform the other organizations of the content of this plan to insure that classified and sensitive information is not accessible.
It has been determined that Mr. Nacario can generally perform his assigned functions without having access to proprietary information although occasional access may be necessary. Any access to proprietary information will be approved by Mr. Nacario's supervisor. Proprietary information is maintained in RRRI.
Mr. Nacario and all members of RRRI have been instructed by Mr. Baer that Mr. Nacario does not have a need to use proprietary information. An agreement signed by Mr. Nacario concerning proprietary information is attached to this plan.
Badging and Escorting l
l Mr. Nacario will be issued an F Series photo identification badge which will i
allow unescorted access to and within the East West Towers, his principal duty l
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l station, the Air Rights III Building and the Phillips Building, except designated security areas as defined in NRC Security Manual Chapter 2101, or areas in which classified information or sensitive unclassified matter is processed.
By signature on this plan, Mr. Nacario acknowledges the requirement to wear this badge in a visible location at all times while inside NRC buildings. All Division of Resident and Regional Reactor Inspection personnel, have been informed by Mr. Baer of the requirement for Mr. Nacario to wear his badge.
This badge is to be turned in to the Phillips Building receptionist upon completion of the assignment.
Mr. Nacario will have unescorted access to areas as described above during normal Government working hours (6:30 a.m. through 7:00 p.m., Monday through Friday, excluding holidays). Access during any other hours by Mr. Nacario .
must be under escort by a Q-cleared NRC employee and approved by Mr. Baer.
Mr. Nacario will be signed in, badged and escorted by a cleared NRC employee whenever it is necessary for him to visit other offices outside the above-mentioned areas, or when he has a need to visit other NRC Buildings not mentioned above. -
Work Area Mr. Nacario's normal work area is that of RRRI, East West Towers, 5th Floor.
No classified or sensitive unclassified (e.g., nuclear propulsion or fuel
- cycle) information is located--nor will it be introduced--in-the Division of ;
Resident and Regional Reactor Inspection 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 :
j to access. Proprietary information maintained by RRRI is normally stored inside desks or file cabinets.
Visits to U.S. Government and Privately Owned Facilities By signature on this plan, Mr. Nacario acknowledges the requirement that he may not authorize visits by other individuals to NRC facilities.
Visits to Government and privately owned facilities by Mr. Nacario required by -
this assignment will be arranged by Mr.' Baer who will also inform the parties to be visited' by Mr. Nacario of the information access limitations of this plan.
Mr. Nacario agrees not to use his assignment with NRC or his NRC photo identi-fication badge for any visit not arranged by Mr. Baer.
Implementation This plan has been agreed to by Mr. Baer and representatives of IP and SEC.
.Mr. Baer 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.
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, . 3 Any nodification or change to this Security Plan, such as temporary reassignment or training within another building, will be documented and approved by Mr. Robert Baer, and will be approved by the Division of Security prior to implementation.
Approved:
Robert Baer, Chief James R. Shea Raymond J. Brady
-REB Director, IP Director, SEC ;
I have read and been briefed concerning the above Security Plan and agree to abide by its contents.
Vincent V. Nacario 4 I
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PRIORITY UNCLASSIFIED .,Pf'le-Phil I.3 KDBurke RWhipp, SEC AMERICAN EM ASSY SCIENTIFIC ATTACHE MANILA. THE PHILIPPINES 1
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Department of State N/A TNUC, RP NRC ASSIGNMENT OF A PHILIPPINE NATIONAL The attached Nuclear Regulatory Comission letter of invitation to the Philippine Atomic Energy Comission (PAEC) is self-explanatory. NRC would appreciate its delivery to Dr. Zoilo Bartolome (who awaits its arrival), on an urgent basis.
For your information, the NRC Comissioners have approved this assignment.
Attach' ment i
1 UNCLASSIFIED I I L
ElN.-G SIGNED BYr JOSEPH U. GFLEUEl
'D' N.afleur.Jr. .DepDirector,IP:NRC 8/13/81 49-27788 G.F.Helfrich. Director, OES/NEC
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