ML20135G683
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] Dr. Zoilo M. Bartolone Acting. Commissioner Philippine Atomic Energy Conmission Don Pariano Marcos Avenue
> Diliman, Quezon City, t The' Philippines - :
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Dear Dr. Bartolome:
f I am pleased to extend this official invitation to Mr. Jose G. Reyes to be
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i temporarily assigned to the staff of the United States fluclear Regulatory
- Commission, Office of Inspection and Enforcement, Atlanta, Georgia, for a six-
- nonth period beginning in September 1980. fir. Reyes, an onployee of the i Philippine Atomic Energy Comission (PAEC), will be assiqned to the Reactor Construction and Engineering Support Branch, where he will gain experience in
' Ouality Assurance.
Please let us know as soon as possible the exact date we may expect Mr. P. eyes. .
He should call Dr. Joseph D.1.afleur Jr., (301) 492-7131, for any information i or assistance he needs prior to reporting to Atlanta, Georgia.
i In addition to the extension of this invitation, I would like this letter, upon your countersignatures. to serve as a menorandum of the following ;
understandings: ;
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- 1. Mr. Reyes will engage in activities essentially similar to those -
i engaged in by USNRC employees, without any special " diverse experience" j assignments except those that night be convenient to the USilRC.
- 2. All salary, allowances and travel costs for Mr. Reyes will be assumed by i the Philippine Atomic Energy Comission and the International Atomic Energy Agency.
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- 3. The assianment will be for a period of six months. However, by mutual consent of the signators to this memorandum, this assignment may be.
4 teminated prior to the expiration of such period or may be extended for j an additional period. .
- 4. The Philippine Atomic Energy Commission (PAEC) affirms that Mr. Reyes
- is a permanent employee of its safety organization and will retain the l employnent relationship during his assignnent to US'
- RC, and recommends i him for his outstanding capability, i .
- 5. i'r. Reyes is capable of speaking, reading, and writing English fluently. ,.
l 6. fir. Reyes shal.1 observe all rules, regulations and requirements of the >
t USflRC including but not limited to security, safety, health, hours of l
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- 7. In his activitics during..this assignment, Mr. Reyes may encounter infomation furnished to the USNRC in confidence. Upon starting activities at USHRC, he will sign the enclosed statement ( Annex 1) agreeing not to reproduce or renove any proprietary documents from their proper place of-use and storage, and agreeing not to disclose such infomation or in any other way violate the conditions under which USNRC receives and uses proprietary infomation. Mr. Reyes will not be assigned to any activities involving access to classified infomation;.to infomation on sensitive parts of the fuel cycle, such as reprocessing and enrichment technology; or to unclassified naval _ nuclear propulsion infomatiorc. All signators will be provided signed copies of this memorandum. -
81 Annex 2 describes the assignment of patents rights for patents ,
^ resulting from this ase,igliment.
- 9. Annex 3istheproposedSeb)ityPlanforMr.Reyes.
- 10. The lhbility of the USNRC for injury to Mr. Reyes or damage to his '
property,1the liability of Mr. Reyes and the PAEC to the USNRC for damage to its property, and the liability of Mr. Reyes and the PAEC to third parties for personal injury or property damage will be governed by the appijcable law of the United States and the laws of the several ,
States. The laws of the States are not unifom, 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)I Xevia comell
' ~ hec: JDLafleur WStaVine TAtwell, SEC
[ William J. Dircks Acting Executive Director for Operations KByrd, SEC C. rphy, IE (Region II) ,
- - The Philippine I.3 Dr. Zoilo Bartolome, Acting Commissioner Philippine Atomic Energy Commission f
Jose G. Reyes Philippine Atomic Energy Commission
Enclosures:
- 1. Annex 1
'2. Annex 2
- 3. Annex 3 j l n W th? D N s
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ANNEX 1 -
MEMORANDUM ON BUSINESS CONFIDENTIAL TECHNOLOGY, INFORMATION AND TRADE SECRETS Whereas, the Philippine Atomic Energy Commission hereinafter referred to as the PAEC, and the United States Nuclear Regulatory Commission, hereinafter referred to as the USNRC, have agreed by letter to the assigmnent of the undersigned employee of the PAEC to the USNRC, and Whereas, the USNRC from time to time receives business confidential'
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technology, information or trade secrets which are the property of others; Now,'therefore, in consideration of my assignment under this agreement
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in a capacity which could make available to me business confidential
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technolo'g y 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 -
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 USNRC; and t
Not to permit any other individual to have access to any- such business confidentialLtechnology, information or trade secrets in my possession unless within the terms of the aforementioned agreement, the USNRC so authorizes and directs; and i
Not to make copies of or to take any papers containing such business confidential information from' their proper places of use and storage. ,
l Date .
Signature of assignee [
Date .
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. four.1 tut-tes it-7s) s UNITED STATES NUCLEAR REGULATORY CO31311SSION AGREEMENT COVERING DISCOVERIES, INVENTIONS, AND IMPROVEMENTS -
- 1. This Agreement is made by me with the United States Nuclear Regulatory Commission (hereinafter called the " Commission") in consideration of my engagement or employ-ment by the Commission.
- 2. I hereby agree:
(a) To furnish the Commission with complete information on every invention. discosery or improvement, 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 titi: 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 is waived with respect to such invention, discovery or improvement; (d) That the judgment of the Commission on all such matters shall be accepted as i fmal; (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 Government expense, by proper arrangement) in the prosecution of applications .
for patents and in defense of the Government's rights, in any country.
- 3. The term " Commission" shall include any duly authorized representative of the United States Nuclear Regulatory Commission.
Witness Date (Signature)
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 waived to the extent of any conflict with such Agreement.
By Its i
.,'s :
ANNEX 3 -
i- SECdRITYPLAN 1
FOR .111E ASSIGNMENT OF FOREIGN REGULATORY AGENCY EMPLOYEE, JOSE G.-REYES, TO THE NRC, REGION II, ATLANTA, GEORGIA Purpose The purpose of this security plan is to specify and describe the procedure to be used to control and prevent access by Mr. Jose G. Reyes to classified and .
other sensitive information. .
Backgro~und I
Mr. Reyes 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 September 1980. through February 1981. He has been assigned to the NRC Office of Inspection and Enforcement (IE), Reactor Construction and Engineering Support i- Branch (RCESB), Region II, Atlanta, Georgia. During this assignment Mr. Reyes i
will follow the functions in the RCESB but may work with other branches in
- Region II .for short periods. Mr. Reyes' direct supervisor is Jack Bryant.
-Protection of Information t
The . Region II RCESB does not retain, or store. .any classified or sensitive i
information.~ Thus,- in the normal course of Mr. Reyes' activities, he will not
, be exposed to any'such information. Sensitive information held in other parts of the division or office.to which Mr. Reyes 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. Reyes, Mr. Bryant will -
inform the other branches of the content of this plan to insure that classified and ' sensitive information' is not accessible.
- Badging and Escorting Mr. Reyes will be issued a special photo identification badge which will allow unescorted access to and within the Region II offices. By signature of this -
plan, Mr. Reyes acknowledges the requirement to wear this badge in a~ visible location-at all times while .inside NRC offices. All Region II employees and
.Mr. Reyes' co-workers,.-those assigned to the Reactor Construction and Engineering L Support Branch, have been. informed by Mr. Bryant of the requirement for Mr. Reyes to wear his. badge. Mr. Reyes.will be escorted whenever it is necessary -
for him to visit.other regional- or. Headquarters' buildings.
' Work' Area-L Mr. Reyes' normal . work area is the area _of..the Reactor Construction and .
Engineering Support Branch offices. _ There is no classified information uncon-. ,
Ltrolled in this area. Proprietary information maintained by Region .II is i
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2 normally kept inside desks or file cabinets. There is no classified information ,
(e.g., nuclear propulsion or fuel cycle information) located in the Reactor Construction and Engineering Support Branch work area.
4 Visits by Others to NRC Facilities By signature on this plan, Mr. Reyes acknowledges the requirement that he may not authorize visits by other individuals to NRC facilities. ,
Imolementation [
This plan has been agreed to by Mr. Bryant and representatives of IP and SEC. ;.
Mr. Bryant is responsible for the direct implementation and conduct of this 'i plan. IP and IE are-responsible for informing _ other NRC personnel about the i program for assignment of foreign regulatory agency employees to the NRC and f the -related responsibilities about protection of certain information.
Building Access Region II employees are issued keys so that they may gain access to the Office during non-work hours. Mr. Reyes will not be provided, or have access to, these i keys.
E Any modification or change to this Security Plan, such as temporary reassignment or training within another building, will be documented and approved by Jack Bryant, and approved by the Division of Security prior to implementation. ,
Approved:
James R. Shea, Director R. J. Brady, Director James P. O'Reilly, Director Office of International Division of Security Region II Programs i
I have read and been briefed concerning the above security plan and agree to abide by its contents.
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- Jose G. Reyes I
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