ML20140C062

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Forwards Unexecuted MOU Between NRC & Doi Geological Survey & EPRI Re Data Gathering & Research in Reducing Hazards of Earthquakes
ML20140C062
Person / Time
Issue date: 03/14/1986
From: Minogue R
NRC OFFICE OF NUCLEAR REGULATORY RESEARCH (RES)
To: Kushnick A
ELECTRIC POWER RESEARCH INSTITUTE
References
NUDOCS 8603250114
Download: ML20140C062 (16)


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MAR 141986

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Mr. Alan E. Kushnick s

i Senior Contract Negotiator

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.i Contracts Department j o?

i Electric Power Research Institute ktLa J ' M tom.S,ral/ra l

3412 Hillview Avenue Post Office Box 10412 ZZ j

Palo Alto, CA 94303

Dear Mr. Kushnick:

Enclosed are two signed copies of the Memorandum of Understanding among EPRI, USGS, and the NRC.

Sincerely, Original signed by:

~W &.XDKXRE Robert B. Minogue, Director Office of Nuclear Regulatory Research

Enclosures:

2, as stated cc:

G. Marcus, RES K.R. Goller, RES R. Avery, ELD Record note: This_ closes out yellow ticket RES-86-0281.

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Distribution /R-2811:

Ci c/Chron RMinogue Econti C PDR Dross LBeratan ESB Sbj/Rd B603250114g[3y,R 3

PDR TOPRP E PD C

For other concurrences see previous record copy.

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Econti KGoller Dross RMinogue

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'Mr. ' Alan E. ' ushnick K

l Senior Contract Negotiator Contracts Department Electric Power Research Institute 3412 Hillview Avenue Post Office Box 10412 Palo Alto, CA 94303

Dear Mr. Kushnick:

Enclosed are two signed copies of the Memorandum of Understanding between i

EPRI, USGS, and the NRC.

Sincerely, i

Robert B. Minogue, Director Office of Nuclear Regulatory Research

Enclosures:

2, as stated cc:

G. Marcus, RES Record note: This closes out yellow ticket K.R. Goller, RES RES-86-0281.

R. Avery, ELD i

Distribution /R-2811:

Circ /Chron RMinogue EConti i

DCS/PDR Dross LBeratan ESB Sbj/Rd KGoller 4

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870723/860224 AKE/USGSMOU MEMORANDUM OF UNDERSTANDING BETWEEN ELECTRIC POWER RESEARCH INSTITUTE, INC.

AND UNITED STATES DEPARTMENT OF THE INTERIOR GEOLOGICAL SURVEY AND UNITED STATES NUCLEAR REGULATORY COMMISSION I.

PURPOSE AND SCOPE The Director of the United States Geological Survey, Department of the Interior, United States Government

("USGS"), the Director of the Office of Nuclear Regulatory Research of the United States Nuclear Regulatory Commission United States Government ("NRC"), and the Vice President for Nuclear Power of the Electric Power Research Institute

("EPRI") (collectively, the " Parties"), are desirous of continuing cooperation in areas of mutual interest to USGS, NRC and EPRI which have among other goals, the objective of reducing the hazards of earthquakes.

The Parties therefore agree to pursue cooperative research efforts under the general terms set forth in this document and under specific terms of projects defined in supplements to this document.

The scope of this Memorandum is limited to data gathering and research responsibilities of the USGS Office of Earthquakes, Volcanoes and Engineering and shall not be construed as granting EPRI any right, privilege, or interest in activities of any other constituent USGS official or organization, or NRC official or organization, nor shall it encompass any Departmental level policy or program decision or regulatory matters at any level.

This Memorandum is not intended to affect any other relationship existing between EPRI and these or any other organization in the Federal government.

II.

BACKGROUND Under the Earthquake Hazards Reduction Act of 1977 (Public Law 95-124) the USGS is charged with assessing the.

earthquake hazards and the development of earthquake prediction systems in those areas of the United States i

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cubjset to high-to-modarste celemic exposuro.

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-the USGS progrcm 10 to sitigste earthquake losses that can occur in many parts of the United States by providing research, evaluations, and earth science data for land-use planning, engineering design, and emergency preparedness decisions.

Specific objectives of the USGS program ares (1) to evaluate the earthquake potential of seismically active areas of the United States; 3

(2) to provide assessments of earthquake hazard and risk in developed regions exposed to the earthquake threat; (3) to predict earthquakes; (4) to provide data and information on earthquake occurrences to the public and scientific community; and (5) to provide data and estimates of the level and character of strong earthquake shaking to be used in earthquake-resistant design and construction.

To carry out this work, the USGS supports in-house research in geology, geophysics, and engineering as well as significant supporting activities.

This program is augmented and strengthened through support of complementary scientific investigations at universities, State agencies, and private companies.

USGS earthquake hazards activities are coordinated with related efforts in the Federal Emergency Management Agency, the National Science Foundation, and the National Bureau of Standards through the National Earthquake Hazards Reduction Program.

EPRI is a nonprofit corporation voluntarily funded by investor-owned, cooperative, federal, and municipal utilities representing approximately 70 percent of the electric energy produced and distributed in the United States.

Much of EPRI's research funding is related, j

directly or indirectly, to environmental considerations such as health, safety, and aesthetics.

EPRI has recently established a seismic Hazards Research Program to carry out investigations and research for application in the assessment and mitigation of seismic hazards at existing, t

proposed, or future utility facilities.

EPRI seeks to i

advance the safety, reliability, efficiency and environmental compatibility and commercial acceptability of systems for the production, transmission, distribution, conservation and utilization of electric energy.

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Tha NRC maintaina a continuing int 3 rect in ecrthqugko hazard research to carry out its responsibilities to provide current information for safe, cost-effective, design standards for nuclear facilities.

III.

OBJECTIVE The ultimate objective of the cooperative research between the Parties is to promote the public welfare by providing the information and analyses needed to mitigate seismic hazards in the United States.

It is the objective of the Parties to encourage, direct, and carry out the activities specified herein'in a spirit of friendly cnon cation in i

order to further their mutual interest.

The immediate objective of this effort is to bring to bear the resources of the Parties on research problems of mutual interest in the fields of seismology, geology, and earthquake engineering.

The Parties intend to accomplish this through the mechanisms of:

(1) management and administration; j

(2) information exchange and program coordination; and (3) joint funding or joint participation in research i

projects as hereinafter described.

IV.

GENERAL The Parties hereto shal>l designate in writing a Representative to serve each organization in carrying out the terms of this Memorandum.

These Representatives shall meet periodically, but not less than once a year, to review cooperative work under this Memorandum and the program of projects set forth in supplements to this. Memorandum.

This Memorandum shall be effective when fully executed by all Parties and will remain in force and full effect for a period of five (5) years, unless extended by mutual written agreement or terminated earlier by written notice of any party at least ninety (90) days prior to the date of termination.

Specific projects undertaken by supplements to this Memorandum will include terms and conditions which are appropriate to the project requirements.

Consideration will be given to such items as:

(1)

All~ provisions required by applicable law, regulations, and contracts; e

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~

(2)

Provisions for previding each Party with copiGO Cf contracts (including modifications thereto), reports, proposals (where joint funding or participation with third party contractors is involved), and similar documents in quantities to be agreed upon; (3)

Applicable patent and data provisions in accordance with federal procurement law and the Internal Revenue Code requirements which must be complied with by EPRI.

It is not the objective of any projects contemplated at this time to perform research which may result in patentable discoveries.

However, should such discoveries result, the Parties will attempt to equitably establish patent rights.

In the event agreement cannot_be reached in a reasonable time, the l

Parties herewith agree to dedicate such rights to the public by publication or other such disclosure.

Each of the Parties shall have full rights to use the data a

acquired during the project; (4)

The Parties shall avoid conflicts, or appearance of conflicts, of interest in their joint activities and j

contractual and subcontractual relationships.

(5)

Copies of data resulting from work undertaken as

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supplements to this Memorandum will be made available to the Parties simultaneously, promptly following its l

acquisition.

. V.

COOPERATIVE PROJECTS I

Each of the cooperative projects contemplated by this Memorandum shall be described more completely in i

supplements to this Memorandum.

These projects shall be restricted to basic research, data collection, and I

technique development.

To facilitate any of these objectives, certain supplements may include, or be limited to the acquisition of equipment or materials or the services of a third-party contractor.

In light of'the USGS l

responsibility for serving the NRC as a technical reviewer of specific studies of sites for civilian nuclear facilities, it is agreed that the USGS is precluded from entering into such site specific studies with EPRI. ~This condition does not restrict the Parties from entering into cooperative projects the objective of which is to collect original data, develop methodology, or advance basic understanding of earthquake hazards.

Cooperative projects i

may include, but are not limited to, the following:

(1)

Theoretical studies of fault mechanics and strong ground shaking from earthquakes; i

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Fiold Cxperiegnto to gDth2r dnto rcquirgd fer th]

understanding of strong ground shaking from earthquakes; (3)

Field experiments to gather data required to advance the understanding of ground failure under strong shaking; (4)

Research in seismic hazard assessment techniques; and (5)

Regional geological and geophysical studies to define the tectonic framework of a region.

VI.

PROJECT DEVELOPMENT Cooperative projects may be initiated by any party to this Memorandum through an exchange of letters between all Representatives indicating agreement to begin project

planning, Each Representative shall identify a project manager to develop the project plan and serve as the sole point of contact between the parties on matters relating to that project.

Each project plan shall include a detailed statement of work indicating responsibilities of the parties,'a project schedule, and a budget showing all costs of the project,

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including costs of equipment, salaries, overhead and travel.

Once a project is developed and defined by the project managers, it shall be submitted to the Representatives for review and approval.

If the Representatives agree that the project plan meets the terms of this Memorandum and the goals of their respective organizations, they shall so indicate in a written exchange.

As soon as the written agreement is reached by the Representatives, each shall submit the project plan to their respective organizations for approval.

It is understood that each Party is required to obtain approval for the funding of any project following the policies and procedures of the respective organization.

In no event will any Party be required to proceed with a project if the necessary funding approval cannot be obtained.

It is also recognized that no Party can assure that funding will be available for more than one calendar or fiscal year.

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VII.

PROJECT EXECUTION When all Parties have approved a specific project and acknowledged the funding commitment therefor, the projects will be carried out in accordance with the approved project plan.

Project managers are encouraged to make direct contact to review the plans on a regular and continuing basis.

Semi-annually a joint report to the Representatives shall be prepared and submitted delineating the progress of the project and containing any suggestions for changes or follow-on projects.

ELECTRIC POWER RESEARCH INSTITUTE, INC.

BY:

Name:

Title:

Date:

UNITED STATES DEPARTMENT OF THE INTERIOR GEOLOGICAL SURVEY BY:

Name:

Title:

Date:

NUCLEAR REGULATORY COMMISSION, OFFICE OF NUCLEAR REGULATORY RESEARCH BY: / '4[b dp Name~: ~ Robert B. Minogue ()

Title:

Director, Office of Nuclear Regulatory Research Date:

03/ /f/86 4.

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MAR 141986 Mr. Alan E. Kushnick Senior Contract Negotiator Contracts Department Electric Power Research Institute 3412 Hillview Avenue Post Office Box 10412 Palo Alto, CA 94303

Dear Mr. Kushnick:

Enclosed are two signed copies of the Memorandum of Understanding among EPRI, USGS, and the NRC.

Sincerely, higinal signed by:

~ W A.XImoaug Robert B. Minogue, Director Office of Nuclear Regulatory Research

Enclosures:

2, as stated cc:

G. Marcus, RES K.R. Goller, RES R. Avery, ELD Record note: This closes out yellow ticket RES-86-0281.

Distribution /R-2811:

Circ /4hron RMinogue Econti DCS/9IlR7 Dross LBeratan ESB Sbj/Rd For other concurrences see previous record copy.

ESB:RES:pf ESB:RES ESB:RES DRPES:DD DRI LB;ratan Econti KGoller Dross RM<nogue

/ /86

/ /86

/ /86

/ /86

/{L/86

Mr. Alan E. Kushnick Senior Contract Negotiator Contracts Department Electric Power Research Institute 3412 Hillview Avenue Post Office Box 10412 Palo Alto, CA 94303

Dear Mr. Kushnick:

Enclosed are two signed copies of the Memorandum of Understanding between EPRI, U5GS, and the NRC.

Sincerely, Robert B. Minogue, Director Office of Nuclear Regulatory Research

Enclosures:

2, as stated cc:

G. Marcus, RES Record note: This closes out yellow ticket i

K.R. Goller, RES RES-86-0281.

R. Avery, ELD i

Distribution /R-2811:

Circ /Chron RMinogue Econti DCS/PDR Dross LBeratan ESB Sbj/Rd KGoller I

i jp//o /86 nti KGoller DRe RMinogue LBeratan t y//0/86 3

3 /// /86

/86

/ /86

l i-l 870723/860224 AKE/USGSMOU MEMORANDUM OF UNDERSTANDING BETWEEN ELECTRIC POWER RESEARCH INSTITUTE, INC.

AND UNITED STATES DEPARTMENT OF THE INTERIOR GEOLOGICAL SURVEY AND UNITED STATES NUCLEAR REGULATORY COMMISSION I.

PURPOSE AND SCOPE

~

The Director of the United States Geological Survey, Department of the Interior, United States Government

("USGS"), the Director of the Office of Nuclear Regulatory Research of the United States Nuclear Regulatory Commission United States Government ("NRC"), and the Vice President for Nuclear Power of the Electric Power Research Institute

("EPRI") (collectively, the " Parties"), are desirous of continuing cooperation in areas of mutual interest.to USGS, NRC and EPRI which have among other goals, the objective of reducing the hazards of earthquakes.

The Parties therefore agree to pursue cooperative research efforts under the general terms set forth in this document and under specific terms of projects defined in supplements to this document.

The scope of this Memorandum is limited to data gathering and research responsibilities of the USGS Office of Earthquakes, Volcanoes and Engineering and shall not be construed as granting EPRI any right, privilege, or interest in activities of any other constituent USGS official or organization, or NRC official or organization, nor shall it encompass any Departmental level policy or program decision.or regulatory matters at any level.

This Memorandum is not intended to affect any other relationship existing between EPRI and these or any other organization in the Federal government.

II.

BACKGROUND Under the Earthquake Hazards Reduction Act of 1977 (Public Law 95-124) the USGS is charged with assessing the earthquake hazards and the development of earthquake prediction systems in those areas of the United States l

t e

),-

cubjset to high-to-codarato seismic oxposure.

Th2 9001 cf the USGS program 10 to mitigate earthqunko leases that can cccur in m:ny parts of the United Staten.by providing research, evaluations, and earth science data for land-use planning, engineering design, and emergency preparedness decisions.. Specific objectives of the USGS program ares (1) to evaluate the earthquake potential of seismically active areas of the United States; (2) to provide assessments of earthquake hazard and risk i

in developed regions exposed to the earthquake threat; i

(3) to predict earthquakes; l

t (4) to provide data and information on earthquake 4

occurrences to the public and scientific community; and I

e j

(5) to provide data and estimates of the level and character of strong earthquake shaking to be used in j

earthquake-resistant design and construction.

4-To carry out this work, the USGS supports in-house research i

in geology, geophysics, and engineering as well as I

significant supporting activities.

This program is augmented and strengthened through support of complementary 1

scientific investigations at universities, State agencies, and private companies.

USGS earthquake hazards activities are coordinated with related efforts in the Federal Emergency Management Agency, the National Science

]

Foundation, and the National Bureau of Standards through the National Earthquake Hazards Reduction Program.

EPRI is a nonprofit corporation voluntarily funded'by investor-owned, cooperative, federal, and municipal i

utilities representing approximately 70 percent of the l

electric energy produced and distributed in the United States.

Much of EPRI's research funding is related, directly or indirectly, to environmental considerations i

such as health, safety, and aesthetics.

EPRI has recently i

established a seismic Hazards Research Program to carry out

'l investigations and research for application in the assessment and mitigation of seismic hazards at existing, proposed, or future utility facilities.

EPRI seeks to j

advance the safety, reliability, efficiency and j

environmental compatibility and commercial acceptability of 4

i systems for the production, transmission, distribution, conservation and utilization of electric energy.

l 1

i e

j i

?

  1. ' ~

Th2 NRC maintcin3 0 continuing intGr@Ot in carthqucko hazard research to carry cut ito responsibilitico to provida current information for cofo, cost-effective, design standards for nuclear facilities.

III.

OBJECTIVE The ultimate objective of the cooperative research between the Parties is to promote the public welfare by providing the information and analyses needed to mitigate seismic hazards in the United States.

It is the objective of the Parties to encourage, direct, and carry out the activities specified herein in a spirit of friendly cooperation in order to further their mutual interest.

The immediate objective of this effort is to bring to bear the resources of the Parties on research problems of mutual interest in the fields of seismology, geology, and earthquake engineering.

The Parties intend to accomplish this through the mechanisms of:

(1) management and administration; (2) information exchange and program coordination; and (3) joint funding or joint participation in research projects as hereinafter described.

IV.

GENERAL The Parties hereto shal>l designate in writing a Representative to serve each organization in carrying out the terms of this Memorandum.

These Representatives shall meet periodically, but not less than once a year, to review cooperative work under this Memorandum and the program of projects set forth in supplements to this Memorandum.

This Memorandum shall be effective when fully executed'by all Parties and will remain in force and full effect for a period of five (5) years, unless extended by mutual written agreement or terminated earlier by written notice of any

]

party at least ninety (90) days prior to the date of termination.

Specific projects undertaken by supplements to this Memorandum will include terms and conditions which are appropriate to the project requirements.

Consideration will be given to such items as:

(1)

All provisions required by applicable law, regulations, and contracts; b

l

  • l

7 (2)

Provision 3 for prcviding occh Party with esp 1Ga cf contracto (including modifications tharoto), rsporto, proposals (where joint funding or participation with third party contractors is involved), and similar documents in quantities to be agreed upon; i

(3)

Applicable patent and data provisions in accordance with federal procurement law and the Internal Revenue Code requiremants which must be complied with by EPRI.

It ir not the objective of any projects contemplated at this time to perform research which may result in patentable discoveries.

However, should such discoveries result, the Parties will attempt to equitably establish patent rights.

In the event agreement cannot be reached in a reasonable time, the Parties herewith agree to dedicate such rights to the public by publication or other such disclosure.

Each of the Parties shall have full rights to'use the data acquired during the project; (4)

The Parties shall avoid conflicts, or appearance of conflicts, of interest in their joint activities and contractual and subcontractual relationships.

(5)

Copies of data resulting from work ~ undertaken as supplements to this Memorandum will be made available to the Parties simultaneously, promptly following its

~

acquisition.

. V.

COOPERATIVE PROJECTS Each of the cooperative projects contemplated by this Memorandum shall be described more completely in supplements to this Memorandum.

These projects. thall be restricted to basic research, data collection, ar.d technique development.

To facilitate any of these objectives, certain supplements may include, or be limited to the acquisition of equipment or materials or the services of a third-party contractor.

In light of the USGS responsibility for serving the NRC as a technical reviewer of specific studies of sites for civilian nuclear facilities, it is agreed that the USGS is precluded from l

entering into such site specific studies with EPRI.

This i

condition does not restrict the Parties from' entering into cooperative projects the objective of which is to collect original data, develop methodology, or advance basic understanding of earthquake hazards.

Cooperative projects may include, but are not limited to, the following:

(1)

Theoretical studies of fault mechanics and strong ground shaking from earthquakes;,

I i :

(2)

Field expericGnto to gnth2r d2tc rsquirGd for th3 understanding of otrong ground ohnking from earthquckoo; (3)

Field experiments to gather data required to advance the_ understanding of ground failure under strong shaking; (4)

Research in seismic hazard assessment techniques; and (5)

Regional geological and geophysical studies to define j

the tectonic framework of a region.

1 VI.

PROJECT DEVELOPMENT 4

Cooperative projects may be initiated by any party to this Memorandum through an exchange of letters.between all Representatives indicating agreement to begin project

planning, Each Representative shall identify a project manager to develop the project plan and serve as the sole point of contact between the parties on matters relating to that project.

Each project plan shall include a detailed statement of work indicating responsibilities of the parties, a project schedule, and a budget showing all costs of the project, including costs of equipment, salaries, overhead and travel.

Once a project is developed and defined by the project managers, it shall be submitted to the Representatives for review and approval.

If the Representatives agree that the project plan meets the terms of this Memorandum and the goals of their respective organizations, they shall so indicate in a written exchange.

As soon as the wr.itten agreement is reached by the Representatives, each shall submit the project plan to their respective organizations for approval.

It is understood that each Party is required to obtain approval for the funding of any project following the policies and procedures of the respective organization.

In no event will any Party be required to proceed with a project if the necessary funding approval cannot be obtained.

It is also recognized that no Party can assure that funding will be available for more than one calendar or fiscal year.

i 1.

I i :

J

VII.

PROJECT EXECUTION

s -

When all Partics hnva cpprovad a sprcific proj ct cud acknowledged the funding commitment therefor, the projects will be carried out in accordance with the approved project plan.

Project managers are encouraged to make direct contact to review the plans on a regular and continuing basis.

Semi-annually a joint report to the Representatives shall be. prepared and submitted delineating the progress of the project and containing any suggestions for changes or follow-on projects.

ELECTRIC POWER RESEARCH INSTITUTE, INC.

~

BY:

Name:

Title:

Date:

UNITED STATES DEPARTMENT OF THE INTERIOR GEOLOGICAL SURVEY BY:

Name:

Title:

Date:

~

NUCLEAR REGULATORY COMMISSION, OFFICE OF NUCLEAR REGULATORY RESEARCH I

BY: _/

"/ b d

1 Name~: Robert B. Minogue d

Title:

Director, Office of Nuclear Regulatory Research Date:

03/ /f/86 b

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