ML20136D871
| ML20136D871 | |
| Person / Time | |
|---|---|
| Issue date: | 06/05/1980 |
| From: | Lafleur J NRC OFFICE OF INTERNATIONAL PROGRAMS (OIP) |
| To: | Rovine A STATE, DEPT. OF |
| Shared Package | |
| ML20136D877 | List:
|
| References | |
| FOIA-85-475 NUDOCS 8010300045 | |
| Download: ML20136D871 (22) | |
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UNITED STATES h~ JUNe
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JUN 5 1980 cc 7Q Mr. Arthur W. Rovine Assistant Legal Advisor for Treaty Affairs Department of State Washington,- DC 20520 -
Dear Mr. Rovine:
The Background Statement on the NRC-Philippine Atomic i.
Energy Commission regulatory information exchange and '
cooperation Arrangement signed in Bethesda, Maryland, ,f on March 28, 1980, and in Manila, the Philippines, on '
April 28,1980, is enclosed, as is a copy of the Arrangement.
Sincerely,
' , k, Y dp,h b. Lafleur,d Jr.I puty Director 0 fice of International Programs
Enclosures:
- 1. Background Statement *
- 2. Arrangement (Certified Copy) c ,c w/ enclosures: i f r.Department Gerard Helfrich i
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- D STATEMENT REGARDING THE ARRANGEMENT BETWEEN THE UNITED STATES NUCLEAR REGULATORY COMMISSION (U.S.N.R.C.) AND THE PHILIPPINE ATOMIC ENERGY COMMISSION (P.A.E.C.)
FOR THE EXCHANGE OF TECHNICAL INFORMATION AND COOPERATION IN NUCLEAR SAFETY MATTERS, BETHESDA^, MARYLAND, MARCH 28, 1980, AND MANILA, THE PHILIPPINES, APRIL 28, 1980 Explanation of the Arrangement
- The Arrangement provides a vehicle for the timely exchange of nuclear regulatory information, including current light water reactor (LWR) safety research results
- and possible cooperation in future LWR safety research projects. Exchange of information will take the forms of technical and operating experience reports, news releases, correspondence, visits, and such other means as the parties agree.
Training and temporary assignments of personnel are permitted within the limita-tion of available resources. Nonproprietary information exchanged will be subject to unrestricted dissemination; proprietary information, except as agreed, will be protected from disclosure and will be exchanged under existing national policies, laws, regulations, and agreements. Patents rights of the parties are covered in (,
the provisions of the Patent Addendum. !
i The Arrangement remains effective for five years from the date of inception 3 (April 28,1980% unless terminated by either party upon written 30-day notice.
It may be extended by mutual consent.
Background Information on Negotiations NRC first broached the subject of a bilateral regulatory information exchange Arrangement with the PAEC in July 1978, when attempting to formalize such coop-eration with all countries planning, constructing, or operating U.S.-supplied power reactors. The specific non-proliferation provisions included in that draft led to some discussions, which were not resolved until February 1980, with the PAEC's acceptance of the modified language newly-adopted by the NRC.
The text of the Arrangement was settled on February 22, 1980, after which final NRC and Executive Branch notifications were made. Commission approval of the staff's recommendation that the Executive Director for Operations (Acting) sign .
the Arrangement for NRC and forward it for PAEC counter-signature cleared the way for conclusion at this time.
Effect of the Arrangement The Arrangement establishes formal communication and cooperation channesl through which NRC and the PAEC can exchange regulatory and safety research and development in forma tion. It is another link (number 17) in the NRC effort to establish recip-
, rocal bilateral exchanges with developed and developing nuclear countries, with the aim of A,ssuring the continued safe operation of power reactors throughout the world.
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2 Lega3 Authorities ,
This background statement summarizes certain arrangements and understandings that
.were entered into under the Atomic Energy Act of 1954, as amended, and the Energy Reorganization Act of 1974, as amended.
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.l ARRANGEMENT l
BETWNEN
., THE UNITED. STATES NUCLEAR BEGULATORY COMMISSION (U.S.N.R.C.)
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{ THE PHILIPPINE ATOMIC ENERGY COMMISSION i
(P.A.E.C.)
FOR THE EXCHANGE OF TECHNICAL INFORMATION
- ND COOPERATION IN NUCLEAR SAFETY MATTERS I,
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ARRANGEMENT BETWEEN THE UNITED STATES NUCLEAR REGULATORY COMMISSION (U.S.N.R.C.)
AND THE PHILIPPINE ATOMIC ENERGY COMMISSION (P.A.E.C.)
FOR THE EXCHANGE OF TECHNICAL INFORMATION AND COOPERATION IN NUCLEAR SAFETY MATTERS The United States Nuclear Regulatory Commission (hereinafter called the U.S.N.R.C.) and the Philippine Atomic Energy Commission (hereinafter called the P.A.E.C.), considering the desirability of a continuing exchange of information pertaining to regulatory matters and of standards required or recommended by these organizations for the regulation of safety 7 and environmental impact of nuclear facilities, conclude the following l
Arrangement for cooperation.
I. SCOPE OF THE ARRANGEMENT I.1 Technical Information Exchance The U.S.N'.R.C. and the P.A.E.C. agree to exchange the following types of technical information related to the regulation of safety and environmental impact of designated nuclear energy facilities:
- a. Topical reports concerned with technical safety and environmental effects written by or for one of these parties as a basis for, or in support of, regulatory decisions and polici es.
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- b. Significant licensing actions and safety and environmental decisions affecting nuclear facilities,
- c. Sit'e licensing principles and problems.
- d. Detailed descriptive documents on the U.S,N.R.C. regulatory process of certain U.S.. facilities designated by the P.A.E.C.
as being similar to certain facilities being built or planned in The Philippines and reciprocal documents on these Philippine
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facilities.
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- e. Information in the field of reactor safety research which the j parties have the right to disclose, either in the possession of l
4 one of the parties or available to it, including light water i
- reactor safety information from the technical areas described in Addenda "A" and "B", attached hereto and made a part hereof Each party will transmit to the other urgent information con-cerning research results that require early attention in the interest of public safety, along with an indication of signifi-j cant implications.
- f. Reports on operating experience, such as reports on incidents,
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accidents and shutdowns, and compilations of operating statistics of power plants and historical reliability'and performance data on components and systems.
- g. Regulatory procedures for the safety, safeguards, and environmental impact evaluation of these nuclear facilities.
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i h. Each party will make special efforts to give early advice of important events, such as serious operating incidents and government-directed reactor shutdowns, that are of immediate interest to;the other. ,
,I . 2 Exchange of Regulatory Standards Copies of regulatory standards required to be used, or proposed for use, by the regulatory organizations of the respective countries will be made available by each party on a timely basis.
I.3 Coooeration in Safety Research and Development
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The execution of joint programs and projects of safety research and f development, or those programs and projects under which activities are divided between the two parties, including the use of test facilities and/or computer programs owned by either party, will be considered on a case-by-case basis. Temporary assignments of personnel by one party in the other party's agency will also be considered on a case-by-case basis.
I.4 Training and Assignments The U.S.N.R.C. will assist the P. A.E.C. in providing certain training and experience for P.A.E.C. technical personnel. Costs of salary, allowances and travel of.P.A.E.C. participants will be the responsibility of P.A.E.C. Participation will be pemitted within the limitation of available resources. The following are
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g typical of the cat 5gories of such training and experience that may be provided:
- a. P.A.~E.C. inspector accompaniment of U.S.N.R.C. inspectors on operating reactor and reactor construction inspection visits in the U.S. , including extended briefings' at U.S.N.R.C. regional inspection offices (anticipated 1-2 persons per year, each visit 1-3 weeks in length).
_ b. Participa. tion by P.A.E.C employees in U.S.N.R.C. staff training courses. .
- c. Assignment of P.A.E.C. employees for 1-2 year periods within -
- the U.S.N.R.C. staff, to work on U.S.N.R.C. staff duties ,
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and gain experience (1-2 assignees at a time).
I.5 Additional Safety Advice To the extent that the documents and other information provided by U.S.N.R.C. as described in SCOPE OF THE ARRANGEMENT, above, are not adequate to meet P.A.E.C. needs for technical advice, the parties will consult on the best means for fulfilling such needs. U.S.N.R.C. will attempt, within the limitations of appropriated resources and legislative authority, to assist .
P.A.E.C. in meeting these needs. For example, within these limitations, U.S.N.R.C. will attempt to meet requests that come through the IAEA for technical assistance missions to the Philippines by U.S.N.R.C. safety experts.
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II. ADMINISTRATION II.1 The exchange of infornation under this Arrangement will be
- accomplished through letters, reports, and gther documents, and by visits and meetings arranged in advance on a case-by-case basis. A meeting will be held annually, or at such other times as mutually agreed, to review the exchange activity, to recommend
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revisions, and to discuss topics within the scope of the exchange.
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The time, place, and &genda for such meetings shall be agreed upon in advance. Visits which take place under the Arrangement, 7
f including their schedules, shall have the prior approval of the '
administrator..
II.2 An administrator will be designated by each party to coordinate its participation in the overall exchange. The administrators 4
shall be the recipients of all documents transmitted under the exchange, including copies of all letters unless otherwise agreed.
Within the terms of the exchange, the administrators 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. One or more technical coordinators may be appointed as direct contacts for specific disciplinary areas.
These technical coordinators will assure that both administrators I
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. receive copies of all transmittals. These detailed arrangements are intended to assure, among other things, that a reasonably balanced exchange providing access to eqaivalent available information from both sides is achieved and maintaingd.
It.3 The administrators shall determine the number of copies to be provided of the documents exchanged. Each document will be accompanied by an abstract, Jess than 250 words, describing its scope and content. -
i II.4 This Arrangement shall have a term of five years; it may be !
extended further by mutual written agreement, .and terminated by either party upon ninety-day notice.
II.5 The application or use of any information exchanged or trans-ferred between the parties under this Arrangement shall be the responsibility of the receiving party, and the transmitting party does not warrant the suitability of such information for l any particular use or application.
II.6 Recognizing that some information of the type covered in this Arrangement is not available within the agencies which 1
i are parties to this Arrangement, but is available from other agencies of the governments of the parties, each party will assist the other to the maximum extent possible by organizing i .
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O visits and directing inquiries concerning such information to appropriate agencies of the government concerned. The fordgoing shall not constitute a commitment of other agencies to furnish such' information or to receive such visitort,.
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.II.7 Nothing contained in this Arrangement shall require either party to take any action which would be inconsistent with its I
1 laws, regulations, and policy directives. No nuclear informa-
, tion related to proliferation-sensitive technologies will be exchanged under this Arrangement. Should any conflict arise
- l' between the terms of this Arrangement and those laws, regula- -
tions, and policy directives, the parties agree to consult before any action is taken.
II.8 Information exchanged under this Arrangement shall be subject to the patent provisions in Addendum C of this document.
III. EXCHANGE AND USE OF INFORMATION III.1 General The parties support the widest practicable dissemination of information provided or exchanged under this Arrangement, subject both to the need to protect proprietary or other confidential or privileged information as may be exchanged hereunder, and to the provisions of the Patent Addendum.
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! III.2 Cefinitions (As dsed in Article III)
- a. The term "information" means, nuclear energy-related '
regulatory, safety, safeguards, scientific, or technical 5
data, results or methods of research and development, and
, any other knowledge intended to be provided or exchanged ,
under this Arrangement.
1 j b. The tem " proprietary information" means information
.. which contains trade secrets or commercial or financial i information which .is privileged or confidential.
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- c. The term "other confidential or privileged infomation" g 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.
III.3 Markino Procedures for~ Documentary Proprietary Information A party receiving documentary proprietary information 1
- "rsuant to this Arrangement shall respect the privileged nature thereof, provided such proprietary information is clearly marked with the following (or substantially similar) -
restrictive legend:
"This document contains proprietary information furnished in confidence under an Arrangement ,
dated between the United States Nuclear Regulatory Commission and the Philippine '
Atomic Energy Commission and shall not be 1
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o disseminated outside these organizations,'their consultants, contractors, and licensees, and concerned departments and agencies of the Government of the United States and uhe Government of The Philippines without the prior approval of.( name of submittino carty ).
This notice shall be marked on any reproduction hereof, in whole or in part. These lim'itations shall automatically terminate when this information
,- is disclosed by the owner without restriction."
III.4 Dissemination of Document'ary Proprietary Information
- a. Proprietary information Teceived under this Arrangement may be freely disseminated by the receiving party without prior consent to persons within or employed by the receiv- !
ing party, and to concerned Government departments and Government agencies in the country of the receiving party.
, b. In addition, prop'rietary 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 l
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and radiation sources, provided that such proprietary information is used only within the terms of the permit or license; and (3) to contra'ctors of organizations identified in III.4b. (2), above, for use only in woHc within the scope of the permit or license granted to such organizations, Provided that any dissemination 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 agreement l of confidentiality. '
- c. With the prior written consent of the party furnishing proprietary information under this Arrangement, the receiving party may disseminate such proprietary 4
information more widely than otherwise permitted in 4
subsections a. and b. The parties shall cooperate in
, developing procedures for requesting and obtaining approval for such wider dissemination, and each party will grant such approval to the extent permitted by its national policies, regulations, and laws. -
III.5 Marking Procedures for Other Confidential or Privileged Information of a Documentary Nature A party receiving under this Arrangement other confidential or privileged information shall respect its confidential nature, e
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provided such info'rmation is clearly marked so as to indicate it: confidential or privileged nature and is accompanied by a statsment indicating
- a. that the info 6 nation is protected from public disclosure bytheGovernmentofthetransmittingpaky;and
- b. that the information is submitted under the condition that it be maintained in confidence.
III.6 Dissemination of Other Confidential or Privileged Information of a Documentary Nature Other confidential or privileged information may be disseminated -
.in the same manner as that set forth in paragraph III.4, Dissemination of Documentary Proprietary Infohnation.
III.7 Non-Documentiary Proprietary or Other Confidential or Privileged Information Non-documentary proprietary or other confidential or privileged information provided in seminars and other meetings arranged under this Arrangement, or information arising from the attachments of staff, use of facilities, or joint projects, shall be treated by the parties according to the principles specified for documentary information in this Arrangement; provided, however, that the party communicating such proprietary or other confidential or privileged information i
has placed the recipient on notice as to the character of the ;
information communicated. !
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III.8 " Consultation If, for any reason,' one of the parties becomes aware that it will be, or may reasonably be expected to become, unable to meet the nondissemination provisions of this Arrangement, it
.- shall immediately infonn the other party. The parties shall
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thereafter consult to define an appropriate course of action.
III.9 Other
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, Nothing contained in t'his Arrangement shall preclude a party from using or disseminating information received without restriction by a party from sources outside of this Arrangement.
Signed' in the bnited States on the,18 day of March 1980.
Signed in The Philippines on the 2H9' day of April 1980.
4 Signed: ,
/ ~ r, On benalf of On behalf of The Philippine Atomic The United States Nuclear Energy Commission Regulatory Commission
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Addendum ".A" U.S.N.R.C. - P.A.E.C. Reactor Safety Research Exchange Areas in Which the U.S.N.R.C. Is Performing LWR Safety Research
- 1. Primary Coolant System Rupture Studies ,
- 2. Heavy Section Steel Technology Program -
- 3. LOFT Program
- 4. , Power Burst Facility - Subassembly Testing Program
- 5. Separate Effects Testing - Loss of Coolant Accident Studies
- 6. Loss of Coolant Accident Analyses - Analytical Model Development
- 7. Design Criteria for Piping, Pumps, and Valves
- 8. Alternate ECC5 Studies
- 9. -Core Meltdown Stadies -
, 10. Fission Product Release and Transport Studies
- 11. Probabilistic Studies '
- 12. Zirconium Damage
- 13. Radiobiology and Environmental Impact Studies
- 14. All computer codes applicable to the above at whatever stage of development they may be*
- 15. Data from all experiments applicable to the above*-
Data and computer codes will be "as is" at the time of the request.
U.S.N.R.C. or ~ contractor manpower will generally not be available for interpretation of uncompleted work.
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l P.A.E.C.- U.S.N.R.C. Reactor Safety Research Exchange Areas in Which the P A E C. . . . Is Performing Research
- 1. Thermal Effects on Marine Life -
- 2. Ridioactive Releases and Dispersal Patterns in the Atmosphere
- 3. Waste Management Storage and Disposal
- 4. Radiosensitivity of Marine Life to R'adioactive Releases
- 5. Epidemiological Studies: Genetic Doses D
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Addendum "C" Patent Addendum for U.S.N.R.C. - P. A.E.C. Arrangement
- 1. Definitions
- When used in this Addendum, unless the context otherwise indicates 1._ The tenn "perso,nnel" means: (a),the' employees of a party to this Arrangement and (b) the employees of a contractor of a party to this Arrangement.
ii. The term " inventing party" means the party of this Arrangement whose personnel have made or conceived an invention or discovery during the course of or 'under the activities covered by the terms of this Arrangement.
- 2. Reoorting and'A11ocation of Rights J. Except as otherwise provided in paragraph if hereinafter, if an invention or discovery is made or conceived by the personnel of the inventing party during the course of or under the activities covered by the terms of this Arrangement, or if such invention w s n made or conceived as a direct result of information acquired by such personnel from the other party, then the inventing party:
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C-2 (a) agrees to promptly disclose such invention or discovery to the other party; (b) agrees to transfer and assign to the other party, all right, title, and interest in and to such invention or discovery in the country of the other oarty subject to the reservation of a nonexclusive, irrevocable, royalty-free license to make, use and sell such invention or discovery in such other
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country; ind ~
(c) may retain the entire' right, title, and interest in and to such invention or discovery in the country of the inventing party and in third countries but shall grant to the other party, upon request of the other party, a non-exclusive, irrevocable, royalty-free license to make, use and sell such invention or discovery in such country of the inventing party and in such third countries.
ii.
In the event an invention or discovery is made or conceived by the personnel of the inventing party during the course of or under the activities covered by the terms of this Arrangement and such invention was made or conceived while such . personnel were assigned to the other party, the inventing party:
(a) agrees to promptly disclose such invention or discovery to the other party; t
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. C-3 (b) may retain the entire right, title, and interest in and.to suc.h invention or discovery in the country of the inventing party; (c) shall grant to the other party, upop request of the other party, a nonexclusive, irrevocable, royalty-free license to make, use, and sell such invention or discovery in the country of the inventing party; and
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(d) agrees to transfer and assign to the other party all right, title,' and interest in and to such invention or discovery in the country of the other party and in third countries subject to the reservation of a nonexclusive, irrevocable, royalty-free license to make, use, 'and sell such invention or discovery in such other country and in such third countries.
iii. As employed in this Arrangement, a license to a party to make, use, and sell an invention or discovery shall include the right to have others make, use, and sell such invention or discovery on behalf of such licensed party.
- 3. Claims for Compensation Each party agrees to waive, and does hereby waive, any and all claims against the other party for compensation, royalty or award as regards any invention, discovery, patent application or patent made or conceived
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in the course of or under this Arrangement, and agrees to release, and does 'hereby release, the other part'y with respect to any and all such claims, including any claims under the provisions of the United States Atomic Energy Act of 1954,'as amended. -
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