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AW 0 ? E bcc: WJDircks,EDO VStello,ED0 (transmit under airgram thru State Dept) JRShea JDLafleur WSpVine p le-Phil I.3 JP0'Reilly, RII Dr. Zoilo Bartolome FJape, RII CMurphy, RII Comissioner ELD Philippine Atomic Energy Comission h
P. O. Box 932 $e;,gp gSE{
Metro Manila AKraft, NatAcSci The Philippines
Dear Dr. Bartolope:
I am pleased to extend this official invitation to Mr. Edilberto Rivera to be teaporarily assigned to the staff of the United States fluclear Regulatory Comission (NRC), Office of the Executive Director for Operations, for a six-month period beginning July 1982. Mr. Rivera, an employee of the Philippine Atomic Energy Comission (PAEC), will be assigned to the Region II Engineering Inspection Branch where he will gain experience in f RC inspection procedures related to containment systems testing and operation.
Please let us know as soon as possible the exact date we may expect Mr. Rivera.
He should call Dr. Joseph D. Lafleur, Jr. , (301) 492-7131, for any infonnation or assistance he weds prior to reporting to the Region II office located in Atlanta, Georgia.
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. Rivera will engage in activities essentially similar to tho',e engaged in by fiRC employees, without any special " diverse experience" assignments except those that might be convenient to the NRC.
- 2. All salary, allowances, and travel costs for fir. Rivera will be assumed by the International Atomic Energy Agency and the PAEC.
- 3. The assignment will be for a period of six months. However, by mutual consent of the signators to this menorandum, this assignment may be terminated prior to the expiration of such period or may be extended for an additional period.
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- 4. The Philippine Atomic Energy Comission affinns that fir. Rivera is a pomanent employee of its safety organization and will retain the employ-nent relationship during his assignment to the f RC and recomends him for his outstanding capability.
- 5. fir. Rive'a is capable of speaking, reading, and writing English fluently.
- 6. Mr. Rivera shall observe all rules, regulations, and requircaents of the
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2 M 03 M Dr. Zoilo Bartolome
- 7. In his activities during this assignment, fir. Rivera may encounter infomation. furnished to the fiRC in confidence. Upon starting activities at the llRC, he will sign the enclosed statement (Annex 1) agreeing not to reproduce or remove any proprietary doctrnents from their proper place of use and storage and agreeing not to disclose such information or in any other way violate the conditions under which the flRC receives and uses proprietary information. All signators will be provided signed copies of this memorandum.
- 8. Ar.aex 2 describes the assignment of patents rights for patents resulting from this assignment.
- 9. Annex 3 is the proposed Security Plan for fir. Rivera.
- 10. The liability of the flRC for injury to 11r. Rivera or damage to his property, the liability of !!r. Rivera and the PAEC to the ilRC for damage to its property, and the liability of !!r. Rivera 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 unifom, but in general, no party shall be liable to another party for personal injury or property darage unless such injury or damage is caused by the fault, negligence, or intent of the one party or its agents.
Sincerely, (Signed) William J.Dircks Ililliam J. Dircks Executive Director for Operations Dr. Zoilo Bartolome Comissioner, PAEC .
Enclosures:
- 1. Annex 1
- 2. Annex 2
- 3. Annex 3
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ANNEX 1 MEMORANDUM ON BUSINESS CONFlDENTIAL TECHNOLOGY, INFORMATION AND TRADE SECRETS Whereas, the Philippine Atomic Energy Commission, hereinafter referred to as the PAEC, and the United States Nuclear Regulatory Commission, hereinafter referred to as the NRC, have agreed by letter to the assignment of the under-signed employee of the PAEC to the NRC; and Whereas, the NRC from time to time receives business confidential technology, information or trade secrets which are the property of others; Now, therefore, in consideration of my assignment under this agreement in a j
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 busi-ness confidential technology, information or trade secrets of the NRC or others, except as authorized or required by the NRC during my
' assignment to the NRC; and Not to permit any other individual to have access to any such business confidential technology, information or trade secrets in my possession unless within the terms of the aforementioned agreement, the NRC 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.
i 1
Edi1berto M. Rivera i <
Date
. imx2 FORM NRC-Foa It-75)
- UNITED STATES NUCLEAR REGULATORY COMMISSION AGREEl\ENT COVERING DISCOVERIES, INVENTIONS, AND E\iPROVEMENTS
- 1. This Agreement is made b3 me with the United States Nuclear Regulainry Commission (hereinaher 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 escry intention, 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 irnention, discosery or improsement, and under any application or patent that may result:
(c) That any claim for a pecuniary award c,r compensation under the Atomic Energy Acts of 1946 and 1954 hereby is waised with respect to such invention.
discosery or improsement:
(d) That the judgment of the Con mission on all such maners shall be accepted as final; (e) To execute all documents and to do all things necessary or preper to carry out the judgment of the Commission. This will include aiding the Commission (at Gcn ernment expense. by proper arrangement) in the prosecution of applications for patents. and in defense of the Gosernment's rights. in any country.
- 3. The term " Commission" shall include any duly anthorized representatise of the United States Nuclear Regulatory Commission.
Witness Date asipsiuse)
CONSENT AND WAIVER The foreFoing Agreement of is hereby censented to and approved this day of and all rights under any prior agreement are hereby waived to the es1ent of any confhet with such Agreement.
By its
ANNEX 3 SECURITY PLAN _
FOR THE ASSIGNMENT OF FOREIGN REGULATORY f.GENCY EMPLOYEE, EDILBERTO M. RIVERA, THE PHILIPPINES TO THE NRC REGION II, ATLANTA, GEORGIA Purpose The purpose of this Security Plan is to describe the procedure to be used to control and prevent access by Mr. Rivera to classified, sensitive, or safeguards information contained in documents or discussed by others in the vicinity of Mr. Rivera.
Background
Mr. Rivera is on a six-month assignment from the Philippine Atomic Energy Commission to the United States Nuclear Regulatory Commission. This six-month period is from July 1982 through December 1982. He has been assigned to the NRC Office of the Executive Director for Operations, Region II, Division of Engineering and Technical Programs, Engineering Inspection Branch (EIB).
During this assignment, Mr. Rivera will perform the functions of an inspector but may work with other branches in Region II for short periods. Mr. Rivera's '
direct supervisor is Mr. F. Jape, Chief, Test Programs Section, EIB.
Protection of Information I
The Region II EIB does not retain or store any classified, sensitive, or safeguards information. Thus, in the normal course of Mr. Rivera's activities, he will not be exposed to any such information. Classified, sensitive, or safeguards information held in other parts of the division or office to which Mr. Rivera is assigned will be protected through normal procedures requiring a need-to-know orior to access. Prior to any short periods of work with other branches by Mr. Rivera, Mr. Jape will inform the other branches of the content '
of this plan to insure that classified, sensitive, or safeguards information -
is not accessible.
It has- been determined that Mr. Rivera can generally perfonn his assigned functions without having access to proprietary information although occasional ,
access may be necessary. Proprietary information is maintained in EIS.
Mr. Rivera and all members of EIB have been instructed by Mr. Jape that ,
Mr. Rivera does not have a need to use proprietary information. An agreement signed by Mr. Rivera concerning proprietary information is attoched to this I plan. l i
I
2 Badging and Escorting
' Mr. Rivera will-be-issued a special photo identifica. tion badge which will allow unescorted access to and within the Region II offices. By signature on this plan, Mr. Rivera acknowledges the requirement to wear this badge in a
! visible location at all times while inside NRC offices. All Region II personnel and Mr. Rivera's co-workers, those assigned to EIB, have been informed by Mr. Jape of the requirement for Mr. Rivera to wear his badge. This badge is to be turned in to the Security Officer upon completion of the assignment.
Mr. Rivera will be escorted whenever it is necessary for him to visit other regional offices or Headquarters' buildings.
Mr. Rivera will have unescorted access to all areas within the region, except designated security areas, during normal Government working hours (8:00 a.m.
through 5:00 p.m., Monday through Friday, excluding holidays). During any other hours, Mr. Rivera must be under escort by a Q-cleared NRC employee and such access must be approved by Mr. Jape.
Work Area Mr. Rivera's normal work area is the area of the EIB offices. No classified or sensitive unclassified (e.g., nuclear propulsion or fuel cycle) information is located--nor will it be introduced--in the EIB offices during the period of this assignment. Classified information stored in other locations will be protected through normal procedures requiring the supervisor's request and a need-to-know prior to access. Proprietary information maintained hy Region II will be stored according to NRC Security Manual Chapter 2101, Part 16, requirements.
Visits to U.S. Government and Privately Dwned Facilities By signature on this plan, Mr. Rivera acknowledges the requirement that he may not authorize visits by other individuals to NRC facilities.
Visits to Government and privately owned facilities by Mr. Rivera required by this assignment will be arranged by Mr. Jape who will also inform the parties to be visited by Mr. Rivera of the information access limitations of this plan.
Mr. Rivera agrees not to use his assignment with NRC or his NRC photo identi- ~
fication badge for any visit not arranged by Mr. Jape.
Building Access Region Il employees are issued keys so that they may gain access to the Office during non-work hours. Mr. Rivera will not be provided, or have access to, these keys. l
3 Implementation This plan has-been-agreed to by Mrc-Jape and representatives of IP and SEC.
Mr. Jape is responsible for the direct implementation 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 documented and approved by the Region 11 Regional Administrator and will be approved by the Division of Security prior to implementation.
Approved:
James R. Shea Raymond J. Brady James P. O'Reilly Director, SEC Director, IP Regional Administrator Region II I have read and been briefed concerning the above Security Plan and agree to abide by its contents.
Edilberto M. Rivera
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. .- 1 bcc: JDLafleur PRIORITY UNCLASSIFIED WSLAVine
- Tle-Phil I.3 KDBurke AmEmbassy MANILA Department of State XXXXXX 12065: N/A TNUC NRC Assignment of a Philippine National The attached Nuclear Regulatory Comission letter of invitation to the Philippine Atomic Energy Comission (PAEC) is self-explanatory. NRC would appreciate its delivery to Dr. Zoilo Bartolome (who awaits its arrival) on an urgent basis. For your infortnation, the NRC Comissioners have approved this assignment.
Attachment UNCLASSIFIED 11GINALsic. M DT: .10.9Wrr n. uvi nv' '
I USNRC/IP:JDLafleur:ecb 6/3/82 492-7131 OES/NEC:CStolber '
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