ML20236J125

Requests That Info Re Safeguards Matters Be Openly Discussed Between Members of Util Staff & Chabloz & Laug,Per Encl Agreement Between NRC & Swiss Federal Ofc of Energy for Exchange of Technical Info & Cooperation in Safety Matters

ML20236J125
Person / Time
Site:	Summer
Issue date:	10/27/1987
From:	Partlow J Office of Nuclear Reactor Regulation
To:	Nauman D SOUTHERN CALIFORNIA EDISON CO.
References
NUDOCS 8711050147
Download: ML20236J125 (15)

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Docket.No.'50-395

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Mr. D.A.'Nauman<

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L Vice Presidenti Nuclear Operations South Carolina Electric & Gas / Company L

.P.O. Box 764 (Mail Code 167).

Columbia, South Carolina: 29218 1

Dear Mr.:

Nauman:

LThis refers to the November 4,1987,. visit to your Virgi.1 C. Summer Station by'

. Messrs. Eric'Chabloz and Paul-Laug of the Swiss Federal Office.of Energy.

In accordance.with 'Secti.on III. l'. and 2. of the :" Arrangement Between the

' United States Nuclear RegulatoryiCommission (U.S.N.R.C.) and the Swiss Federal

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i Office of-Energy"(F.0.E.) for; the' Exchange of Technical Information and,

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i Cooperation in Nuclear Safety Matters,".we request that information relating to safeguards matters be openly discussed between members of your' staff-and Messri.Chabloz and Laug. A copy /of the " Arrangement" is enclosed for your'

.information'

.Please note.the:" Arrangement was extended in September.1987 for a c

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-period of five years'.

With regard'to'the. requirements of 10:CFR 73.57, we hereby vaive the provisions

'of the regulation-(except.for. unescorted access) on.the basis.that it is in i

accord with-the " Arrangement" in that there is a mutual interest in a continuing exchange of information pertaining to regulatory matters and of standards relating'to the safety and environmental impact of nuclear facilities.

Sincerely, ORIGINAL SIGNED BY:

JAMES G. PARIUTt!

' James G. Partlow,' Director 9711050147 B71027 Division of Reactor Inspection PDR ADOCK 0S000395 and Safeguards

-F PDR Office of Nuclear Reactor Regulation i

Enclosure:

As stated DISTRIBUTION W/ ENCLOSURE DISTRIBUTION W/0 ENC'LOSURE

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ARRANGEMENT y

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BETWEEN' s

.THELUNITED: STATES NUCLEAR REGULATORY COMMISSION p.

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.THE SWISS FEDERAL OFFICE OF ENERGY

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FOR..THE EXCHANGE OF TECHNICAL INFORMATION 4

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i AND COOPERATION IN NUCLEAR' SAFETY MATTERS l

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ARRANGEMENT, o

BETWEEN,.

THE UNITED STATES NUCLEAR'REGULATORI. COMMISSION

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THE SWISS FEDERAL'UFFICEt0F ENERGY.

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AND COOPERATION IN NUCLEAR SAFETY MATTERS s,f l

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J The United States Nuclear Regulatory Commission (hereinafter called the

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U.S.N.R.C.) and the Swiss Federal Office of Energy (hereinafter called the-

'F.O.E.);

1 Having a mutual interest.in a continuing exchange of'information pertaining.

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to1 regulatory matters and of standards required or recomended by their organ-i

-izations for the regulation of-safety-and environmental impact of nuclear facilities; g

Having similarly cooperated under the terms of a five-year Arrangement fok the exchange of' technical information in regulatory patters and co'uperationiin I

r development of. safety standards, originally signed on December 9,1974, between 3

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the United States Atomic Energy Comission and the Swiss Federal Office of Energy, but continued after January 19, 1975, as between the U.S.N.R.C. and the F.0.E., such Arrangement including provision for its extension as. mutually agreed upon by the parties; I

Having indicated their mutual desire to continue the 6ooperation established under the aforementioned Arrangement; Have agreed as follows:

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SC0pE OF THE ARRANGEMENT-j fp j

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Technical Information' Exchange

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To the extent that the U.S.N.R.C. and'the F.0.E. are permitted to do S

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so under the' laws. and regulations of theiri, respective countries, the q

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parties agree te exchange;the following types of technical information W

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' relating to the ' regulation ' f safety and en{ironmental impact of o

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e designated nuclear energy facilities:

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'. a.. Top'ical< reports concerning technical safety and environmental lj j

up effects written.by dr for.one of the parties as a basis for, or

.b, in support of, r,egulatory'decisiccis and policies, i

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Documents relating to, significant licensing actions and safety' y

and environmental decisions affecting nuclear facilities, y.g g

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Detailed dopmenht describing the U.S.N.R.C. process for. licensing 1

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and regulpting tcertain U.S. facilities designated by the F.0.E. as'

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similar to certain facilities being built or planned in Switzerland and equivalent documents on such Swiss facilities.

d.. Information in' the field of nuclear safety research that requires

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barly att.ention'in the interest of public safety, along with an A

indication df significant implications, fl.

Reports-on'opeAtting experience, such as reports on nuclear incidents, l

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(if accidents anh shutdowns, and compilations of historical reliability w

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data on compo,tjents and systems.

n 'f'. p egulatory pbcedures for the safety, safeguards, and environmental R

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impact evaluation of' nuclear facilities.

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Early advice of important' events, such as serious operating.

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. incidents ~and government-directed reactor shutdowns, that are 1

of intnediate interest to the parties.

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Copies of regulatory standards required to be used, or proposed i

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for use,.by the regulatory organizations of the parties.

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II. ADMINISTRATION-1 5

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The excijnge of information under this Arrangement will be accomplished

,through 1 tters, reports, and other docub

,'and by visits and g(\\ meeting d rranged in advance.A meeting will be held annually, or at w

I szb other times as mutually aonQed, to-review the exchange of.iiiforma-

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tion, to honw;:dd revisior.4 t?.qhd previ$1ons of the Arrangeme

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x to discus] t6 pics within the scope of thelexchange. The time, place, t.

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Visits mhP agenda}for such Jneetings s[1all bfagreed upon in ' advance.

Mhich tege plade,under the Ar'ranget!.ent, including their schedules, p

1 shallhavethepriorapp'rovaYoftheadministrators.

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An administrator will be designated by each party' to coordinate its e

The administrators shall be participation in the ov,lerall exchange.

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thd/S'pients of all documents transmitted, under' the exchange, idiuding copies of all letters unless othbrwise agreed. Within the f

terms of'the exchange, the administrators shall be responsible for i

i developingthescopeoftheexchanQ,indudingapespentonthe t'

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% designation o'f the nuclear energy facilities sutjoct to the exchange, 4

I and on specific documents and standards to ce exchanged.

One or more l

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'4 technica1L coordinators.may. be appointed as direct contacts'for speci ic

' disciplinary areas. -These' technical coordinators will assure that both administrators receive copies of all transmittals. These detailed arrangements are intended to assure, among other things, that a reasonably balanced exchange providing access to equivalent available information from both sides is achieved and maintained.

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3.- The administrators shall determine the number of copies to be provided I

of the' documents' exchanged.

Each document will'be accompanied by an abstract in'English, 250 words or less, describing its. scope and content.

4.

The' application or use of any information exchanged or transferred between the perties under this Arrangement shall be the responsibility of the receiving party, and the transmitting party does not warrant the suitabilityof such information for any particular use or application.

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5.

Recognizing that some information of the type covered in this Arrangement i

is not available within the agencies which are parties to this Arrange-ment, 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 visits and directing inquiries concerning such information to appropriate agencies of the government concerned. The foregoing shall not constitute a comitment of other agencies to furnish such information or to receive such visitors.

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Nothing contained in this-Arrangement shall require either party to I

take any a'ction which would be inconsistent with its laws, regulations, j

and policy directives.

No nuclear information relating to proliferation-sensitive technologies will be exchanged under this Arrangement. Should l

any conflict arise between the terms of this Arrangement and those laws, I

regulations, and policy directives, the parties agree to consult before any action,is taken.

7.

Infonnation exchanged under this Arrangement'shall be subject to the patent provisions in the Addendum of this document.

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EXCHANGE AND USE OF INFORMATION t

i l '. General The parties support dissemination of information provided or exchanged under this Arrangement, as far as the safety of nuclear installations may be increased by such dissemination, 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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Definitions (asusedinArticleIII.)

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The term "information" means nuclear energy-related regulatory, safety, safeguards, scientific, or technical data, including information on results or methods of research and development,

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6 and any other knowledge intended to be provided or exchanged under this Arrangement.

b.

The term " proprietary information" means information which contains trade secrets or commercial or financial information which is privileged or confidential.

c.

The tenn "other confidential or privileged information" means information, other than " proprietary information," which is pro-tected from public disclosure under the laws and regulations of the country providing the information and which has been trans-mitted and received in confidence.

3.

Marking procedures for Documentary Proprietary Information A party receiving documentary proprietary information pursuant to this Arrangement shall respect the privileged nature thereof, provided such proprietary information is clearly marked with the following (or substantially similar) restrictive legend:

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"This document contains proprietary information furnished in confidence under an Arrangement dated between the United States Nuclear Regulatory Commission and the Swiss Federal Office of Energy and shall not be disseminated outside these organizations, their consul-tants, contractors, and licensees, and concerned departments and agencies of the Government of the United States and the Government of Switzerland without the prior approval of

( name of submitting party

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This notice shall be marked on any reproduction hereof, in whole or in part.

These limitations shall automatically terminate when this infor-mation is disclosed by the owner without restriction."

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4. ' Dissemination of' Documentary Proprietary Infomation

.a.

Proprietary information received under this Arrangement may be freely disseminated by the receiving party without prior consent to persons within or employed by the receiving party, and to concerned Government departments and Government agencies in the-country of the receiving party.

b.

In addition, proprietary infomation may be disseminated without prior consent (1) to prime or subcontractors or consultants of the receiving l

party. located within the geographical limits of that party's nation, for use.only within the scope of work of their con-tracts 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 and radiation sources, provided that such proprietary infomation is used only within the terms of the permit or license; and (3)tocontractorsoforganizationsidentifiedinIII.4.b.(2),

above, for use only in work 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 of confidentiality.

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With the prior written consent of the party furnishing proprietary-

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'infctmation under this Arrangement, the receiving party may disseminate such proprietary information more widely than otherwise v

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' permitted in subsections.a. and b -.The parties shall cooperate in p

developing procedures for requesting and obtaining approval for -

i such wider dissemination, and each party will grant such approval to the extent permitted by its national policies, regulations, and laws.

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5.' Marking Procedures for Other Confidential or Privileged Information of l

a Documentary Nature

. A party receiving under this Arrangement other confidential or privileged information shall respect its confidential nature, provided such informa-tion is clearly marked so as.to indicate its confidential or privileged nature-and is accompanied by a statement indicating 1

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that the information is protected from public disclosure by the Government of the transmitting party; and b.

that the information is submitted under the condition that it be maintained in confidence.

. 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 Infonnation.

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Non-Documentary 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 l

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 l

this Arrangement; provided, however, that the party communicating such

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i proprietary or other confidential or privileged information has placed the recip'ient on notice as to the character of the information communicated.

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 nondissemi-nation provisions of this Arrangement, it shall imediately inform the 4

other party. The parties shall thereafter consult to define an appropriate course of action.

9.

Other Nothing contained in this Arrangement shall preclude a party from using or disseminating information received without restriction by a party from sources outside of this Arrangement.

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IV.

FINAlc PROVISIONS

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This Arrangement shall enter into force upon signature and, subject

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.to paragraph IV.2. of this Article, shall remain in force for five years unless extended for a further period of time by agreement-of the' parties.-

2. 'Either party may withdraw from.the present Arrangement after providing -

the other party written notice 90 days prior to its intended date of

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withdrawal.

. Signed in Bethesda', Maryland on the- . 4 day of ' July 1982 and in, Switzerland on the /68, day of _ August 1982.

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.Yy On Behalf of The Swiss Federal On Behalf of the/ United States Office of Energy Nuclear Regulatory Commission

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--ADDENDUM-

' Patent' Addendum-for U.S.N.R.C.

F.O.E. Arrangement I:

- 1.' Definitions-

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-Whenlused in'.this' Addendum,.unless the context otherwise indicates 1.

The term " personnel" means:' (a) the employees of 'a party to' this-j l

. Arrangement.and (b) the employees of a contractor of a. party to this t

Arrangement..

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ii.. The term " inventing party" means the party of this Arrangement whose personnel have made or conceived an invention or discovery during the

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-courseLof or.under the activities covered by the terms of this

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' Arrangement.-

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Reporting and Allocation of Rights lj

i. Except 'a's otherwise' provided.in paragraph'ii,. 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, and if such invention was made or i

. conceived as a direct result of information acquired by such personnel l

from the'other party, then the inventing party:

L (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, 1

and. interest in and to such invention or discovery in the country l

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other party subject to the reservation of a nonexclusive,

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, irrevocable, royalty-free license to make, use, and sell. such-l invention or discovery in4such other country; and

(c) may retain.the entire right, title, and interest in and to such invention or. discovery in the'= country of the inventing party and'

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in third countries but shall grant to the other party,.upon request of,the' other party, a nonexclusive, irrevocable, royalty-free license to make, use, and sell such invention or discovery in sucn

-country of the inventing party anc! in such thire: countries.

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In'the event an invention.or discovery is made or conceived by the d

personnel of the inventing party during the course of or under the f

1 activities covered by the terms' of this Arrangement and such invention was made or. conceived while such personnel were assigned to the other i

party, the inventing party:

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i (a) agrees to promptly disclose such invention or. discovery to the other party; (b) may retain the entire right, title, and interest in and to such invention or discovery in the country of the inventing party; (c)shallgranttotheotherparty,uponrequestoftheotherparty, a nonexclusive, irrevocable, royalty-free cense to make, use, and sell such invention or discovery in the country of the inventing party; and (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 1

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reservation"of a ' nonexclusive, irrevocable, royalty-free' license pw H.

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to:make,~ use,' and sell.:such -invention or discovery;in such other '

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. iii.. : As' employed in this Arrangement, a license to a party to make, use, and

,w sell an ynvention 'or discovery shall include the right'to have others.

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make, use, and sell such invention or discovery on behalf of such' i

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-i Eachl party ' agreesto. waive, and 'does hereby waive, any and all claims'against-Lthe other.' party for compensation, royalty, or award as regards any invention, q.; _

.. discovery, patent application, or patent.made or conceived in' the' course of

. or under this Arrangement, and~ agrees to release, and does.hereby release,

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the other party with respect to any and all. such claims, including any claims i

under the provisions of the United States Atomic Energy Act of 1954, as

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