ML22304A122

Firstenergy Beaver Valley Caoa

ML22304A122
Person / Time
Site:	Beaver Valley
Issue date:	03/31/2014
From:	Bill Dean FirstEnergy Nuclear Operating Co, NRC Region 1
To:	Brett Klukan Region 1 Administrator
References
Download: ML22304A122 (1)

Text

(Page 1 of 2)

COMPUTER ACCESS AND OPERATING AGREEMENT Purpose This Computer Access and Operating Agreement ("Agreement") is made between the United States Nuclear Regulatory Commission ("NRC") and FirstEnergy Nuclear Operating Company

("FENOC") for the purpose of providing the NRG at Beaver Valley facility "view only" access to certain data and information possessed by FENOC (in either hard copy or electronic format), this data and information being necessary for the NRG to fulfill its regulatory obligations, including inspection oversight Basis of Agreement WHEREAS, FENOC desires to enhance the NRC's ability to perform its regulatory functions with respect to the duties performed by the NRC's staff; and*

WHEREAS, FE NOC is willing, per the terms established below, to provide said staff with on--site access to certain data and/or information systems (hardcopy or electronic), including hardware and software associated with electronic systems, owned by FENOC or otherwise under the control of FENOC, so that data and information needed for NRC inspection activities may be accessed in an efficient manner, the parties agree to the following:

Terms

1. At no charge to the NRC, FENOC will make available and maintain for the NRC Resident Inspector's Office at Beaver Valley an electronic terminal (i.e., a computer),

along with associated hardware and software, for the NRC staff to access electronically-stored data and/or information necessary for the performance of the NRC's regulatory responsibilities.

2. The electronically-stored data and/or information referenced in Paragraph 1 will be available to the NRC on a view-only basis. The NRC will not have the ability to modify such data and/or information, nor will the NRC have the ability to alter the programming of any software associated with the data and/or information. However, the NRC will have the capability to print out and/or to store local electronic copies of such data and/or information as may be retrievable. The NRC will not install any software on the provided electronic terminal other than those programs provided by FENOC pursuant to this Agreement FENOC, including FENOC's agents, representatives, or employees will not assume any responsibility whatsoever for defects in the provided software and hardware or for any consequences that result therefrom. FEl'JOC agrees to, upon notification by the NRC of any defective or malfunctioning software or hardware, to make reasonable efforts to provide appropriate comparable replacements, within a reasonable time following notification.

3. FENOC acknowledges that all communications that are part of the NRC regulatory process will continue to be accomplished in a format consistent with relevant NRC regulations found in Title 1O of the Code of Federal Regulations, i.e., in a paper format or by electronic exchange and processed according to the NRC's normal docketing procedures.

(Page 2 of 2)

4. The NRC acknowledges that all data and/or information residing on or accessible from the FE NOC provided electronic terminal and any hard copy printouts of such data made available to the NRC pursuant to this Agreement are "owned" and under the "control" of FENOC. The NRC will treat such data and/or information as proprietary to FENOC unless determined otherwise. However, in an NRC Resident Inspector's office, any data which the NRC has chosen for some future NRC purpose to reduce to hard copy printout or to transfer to any electronic storage medium (e.g., computer hard drives, DVDs, and flash drives) is considered an agency record under federal law. In the event a request is received by the NRC for any such FENOC data and/or information residing on NRG-controlled electronic storage media or otherwise in NRC's possession, the NRC will provide FE NOC, prior to any public release, the opportunity to request that the data and/or information be withheld from public disclosure based upon its proprietary nature. Such requests by FENOC to withhold any data and/or information will be accompanied by an affidavit in accordance with NRC regulations.

5. Upon execution by both parties, the terms of this Agreement supersede the terms of any prior agreement between the NRC and FENOC concerning the same.

6. This Agreement shall remain in effect until terminated by either party giving ten (10) days prior written notice of termination to the other party.

In Witness Whereof, the undersigned have executed this Agreement.

FirstEnergy Nuclear Operating NUCLEAR REGULATORY COMMISSION Company (FENOC) REGIONAL ADMINISTRATOR, REGION I

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