ML20135G698
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& eM acg'o UNITED STATES fI fg t NUCLEAR REGULATORY COMM!sslON WASHINGTON. O, C. 20555
% ***** / NOV g 1978 l
Dr. Librado D. Ibe, Comissioner l Philippine Atomic Energy Commission ..
Don Mariano Marcos Avenue Diliman, Quezon City, The Philippines
Dear Commissioner Ibe':
I am pleased to extend this official invitation to Mr. Antonio E. Refre to be temporarily assigned to the staff of the United States Nuclear Regulatory Comission~, Bethesda, Maryland, for a twelve. month period beginning around November 1978. Mr. Ref re, an employee of, PAEC, will be assigned to the Effluent Treatment Systems Branch, Office of Nuclear '
Reactor Regulation, where he will gain experience as a nuclear engineer in the review of license applications.
Please let us know as soon as possible the exact date we may expect Mr. Refre. He should call Dr. Joseph D. Lafleur, Jr., {301) 492-7131 for any infonnation or assistance he needs prior to reporting to Bethesda.
I In addition to the extension of this invitation, I would like this letter, upon your countersignatures, to serve as a memorandum of the following understandings:
- 1. Mr. Refre will engage in activities essentially similar to those engaged in by USNRC employees, without any special " diverse experience" assignments ,except those that might be convenient to the USNRC.
- 2. All salary, allowances and travel costs for Mr. Refre will be assumed by the International Atomic Energy Agency.
- 3. The assignment will b'e for a period of twelve months. However, by mutual consent of the signators to this memorandum this assignment may be tbrminated prior to the expiration of such period or may be extended for an additional period.
- 4. The Philippine Atomic Energy Commission (PAEC) affirms that Mr. Refre is a permanent employee of its safety organization and will retain the employment relationship during his assignment to USNRC, and reconnends him for his outstanding capability.
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- 5. Mr. Refre is capable of speaking, reading, and writing English fluently.
, 6. Mr. Refre shall observe all rules, regulations and requirements of the USNRC including but not limited to security, safety, health, hours of work and conduct.
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-7. In his activities during this asstgnment Mr. Refre may encounter .s.
information furnished to the USNRC in confidence. Upon startinn activities at USMC, he will sign the enclosed statement (Annex 1)
, agreeing not to reproduce or remove any proprietary documents fron their proper place of use and storage, and agreeing not to disclose such information or in any other way violate the conditions under which'USNRC receives and uses proprietary information. Mr. Refre will not be assigned to any activities involving access to classified information; to information on sensitive parts of the fuel cycle, such as reprocessing and enrichment technology; or to unclassified naval nuclear propulsion information. All signators will be provided
~s igned 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. Refre.
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- 10. The liability of the USNRC for injury to Mr. Refre or damage to his
' property, the liability of Mr. Refre and the PAEC to the USNRC for damage to its property, and the liability of Mr. Refre 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 4
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, ,. ,
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$ 5 "(51geod) Lee V. Gessleb . . '1
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Executive Director for Operations
- bcc: T. Atwell, SEC i -.
M J. Collins, ETSB -
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WLaVine, IP Dr. Librado Ibe, Comissioner
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4 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 Comission, here-
. inafter 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 ny 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
- , 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
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Not to permit any other individual to have access to any such business
[ confidential technology, information or trade"s'ecrets in my possession unless within the terms of the aforementioned agreement, the USNRC so authorizes 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.
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ANNEX 2 POAM NEC43J
. it-7s UNITED STATES NUCLEAR REGULATORY COMMISSION 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, 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 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
. 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 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 Nuc} car Regulatory Commission.
Witness Date ._
(Signature) l CONSENT AND WAIVER 4
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 1 ~n
- m,.a A a SECURITY PLAN FOR THE ASSIGNMENT OF FOREIGN REGULATORY AGENCY EMPLOYEE, ANTONIO E. REFRE, TO THE NRC Purpose The purpose of this security plan is to specify and describe the procedure to be used to control and prevent access by Mr. Refre to classified and other sensitive information.
Background
Mr. Refre is on a one-year assignment from the Philipine Atomic Energy Commission to the United States Nuclear Regulatory Commission. This one-year period is from about October, 1978 through September 1979. He has been assigned to the Effluent Treatment Systems Branch, Division of Site Safety
& Environmental Analysis. During this assignment Mr. Refre will perform the functions of a nuclear engineer engaged in the review of radioactive waste i management and effluent control systems but may work with other branches in NRR for short periods. Mr. Refre's direct supervisor is John T. Collins, Chief, Ef fluent Treatment Systems Branch.
4 Protection of Information ETSB does not retain or store any classified or sensitive information.
Thus, in the normal course of Mr. Refre'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. Refre is assigned will be protected through normal procedures requiring a need-to-know prior to access. Prior to any short ,eriods of work with other branches by Mr. Refre, John T. Collins wil' inform the other branches of the content of this plan to insure that classified and sensitive information is not accessible.
It has been determined that Mr. Refre can adequately perform his assigned functions without having access to proprietary information. Propriecary i
information is maintained in ETSB.. Mr. Refre and all members of ETSB have t been instructed by the Branch Chief, John T. Collins, that Mr. Refre does
{ not have a need to use proprietary information. An agreement ' signed by
, Mr. Refre concerning the use of proprietary information is attached to this plan.
I Badging and Escorting Mr. Refre will be issued a special photo identification badge which will allow unescorted access to and within the Phillips Building, except designated security areas as defined in NRC Security Manual Chapter 2101, L
or areas in which classified information or sensitive unclassified matter is processed. By signature on this plan, Mr. Refre acknowledges the require-ment to wear this badge in a visible location at all times while inside NRC buildings. All Division of Site Safety and Environmental Analysis personnel and particularly thnse assigned to ETSB, have been informed hy John T. Collins of the requirement for Mr. Refre to wear his badge.
Mr. Refre will be escorted whenever it is necessary for him to visit other NRC buildings.
.- Work Area
- Mr. Refre's normal work area is that of ETSB, Phillips Building, Rooms 700A, 7008, 730 through 7308 and 728A through 728E. Mr. Refre will periodically require access to other offices and locations within the Phillips Building.
There is no classified or sensitive unclassified (e.g., nuclear propulsion or fuel cycle) information located in Rooms identified earlier in this paragraph. Proprietary information maintained by ETSB is normally stored inside desks or file cabinets.
Visits by Others to NRC Facilities
. By signature on this plan, Mr. Refre acknowledges the requirement that he may not authorize visits by other individuals to NRC facilities.
Implementation This plan has been agreed to by Mr. John T. Collins, and representatives of IP and SEC. Mr. John T. Collins is responsible for the direct imple-mentation 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.
Any modification or change to this Security Plan, such as temporary reassignment or training within another building, will be approved by the Division of Security prior to implementation.
. Approved:
John T. Collins IP SEC I have read and been briefed concerning the above security plan and agree to abide by its contents.
Antonio E. Refre 1
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NOV 8 1978 m .. .
UNCLASSIFIED Science Attache APERICAN DBAS$Y Han11a. The Philippires Department of State N/A Teat as NRC ASSIGNMENT OF PHILIPPINE IMTIONAL i
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The attached Nuclear Regulatory Commission letter of invitation
- to the Philippine Atomic Energy Commission is self-explanatory.
HRC would appreciate its delivery to Dr. Librado D. Ibe, Corssissioner, Philippine Atomic Energy Commission (who awaits
- its arrival), on an urgent basis. Please inform Dr. Ibe to return the signed letter to NRC, Lafleur.
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For~your information, the' NRC Connissioners approved this assignment with the stipulation that it not include access to either classified information or information on sensitive parts of the nuclear fuel cycle (specifically reprocessing j and enrichment AEC technology). This may be passed on to Philippine at your discretion.
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- ' Enclosure bec
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, T. Atwell, SEC
. J. Collins. ETSB \ J'O WLavine, IP UNCLASSIFIED QLE - Philippines 2.3 U (
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