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POLICY ISSUE
(INFORMATION)
SECY-01-0059
April 5, 2001
FOR: |
The Commissioners |
FROM: |
William D. Travers /RA/
Executive Director for Operations |
SUBJECT: |
STATUS OF USNRC RESEARCH CONDUCTED BY THE RUSSIAN RESEARCH CENTER
(KURCHATOV INSTITUTE) AND THE RUSSIAN ACADEMY OF SCIENCES |
PURPOSE:
To inform the Commission of progress made in 2000 on research sponsored
by the U.S. Nuclear Regulatory Commission (USNRC) at the Russian Research
Center (RRC) (the Kurchatov Institute) and the Institute of Nuclear Safety
of the Russian Academy of Sciences (IBRAE/RAS). Also, to inform the Commission
of the staff's plan to continue these arrangements in 2001 provided that
research results continue to be of value to the USNRC and that measurable
progress is being made. We will inform the Commission annually of these
programs.
SUMMARY:
For the past several years, the RRC and the RAS have performed research
work for the USNRC under bilateral agreements. This work is funded by
the Office of Nuclear Regulatory Research and has involved research in
code development and assessment, hydrogen combustion experiments, evaluation
of high-burnup fuel test data, in-vessel debris coolability experiments,
evaluation of reactor pressure vessel surveillance capsule data, uncertainty
analysis methods, and development of concrete containment failure criteria.
The results of this work have led to code improvements, expanded data
bases and confirmatory research information. This work has also helped
the Russians become familiar with USNRC analytical tools, safety issues,
and Western approaches to safety. It is our intent to continue these programs
in 2001 at a level comparable to that in 2000. The proposed Implementing
Agreements for the 2001 work are attached to this paper.
BACKGROUND:
In SECY-91-375, "Proposed Arrangement with the I.V. Kurchatov Institute
for Atomic Energy of the U.S.S.R. on Severe Accident Experiments," SECY-92-015,
SECY-93-350, SECY-95-021, SECY-96-036, SECY-97-050, SECY-98-049, SECY-99-078,
and SECY-00-0072, "Status of NRC Research Conducted by the Russian Research
Center (I.V. Kurchatov Institute) and the Institute of Nuclear Safety
of the Russian Academy of Sciences," the staff provided descriptions of
research programs being conducted in Russia for the USNRC and recommended
to the Commission that continued research cooperation between the USNRC
and the RRC and the RAS was in the best interest of the USNRC. The Commission
endorsed the staff recommendation.
The work currently being performed for the USNRC by the RRC is described
in the Implementing Agreement on Severe Accident Research between the
USNRC and RRC. A copy of Addendum 4 to this Implementing Agreement describing
the work in 2000 was enclosed with SECY-00-0072. The work covered by the
addendum consisted of :
-
Measuring mechanical properties of cladding from high-burnup fuel
and evaluating those results for applicability to the analysis of
safety transients
-
Developing and demonstrating a 3-D reactor transient physics code
The FY 2000 cost to the USNRC for this work specified in the addendum
was $150K in accordance with the Agreement.
The work being performed for the USNRC by RAS is described in the Implementing
Agreement on the Development and Application of Nuclear Safety Analysis
Codes between the USNRC and the Institute of Nuclear Safety (IBRAE) of
the RAS. A copy of Addendum 5 to this Implementing Agreement describing
the work in 2000 was also enclosed with SECY-00-0072. The 2000 work covered
by the addendum consisted of:
- Probabilistic risk assessment contributors to uncertainty
The FY 2000 cost to the USNRC for this work was $80K in accordance with
the Agreement.
An additional task was added to Addendum 5 (under Article II.B.2 of the
addendum) in early FY 2001 to assess the latest version of the MELCOR
code (Version 1.8.5) which was released in December 2000. The FY 2001
cost to the USNRC for this work is $100K of which $75K has already been
paid.
DISCUSSION:
Discussed below is a summary of the work performed in 2000 under Addenda
4 and 5 of the Implementing Agreements, and our plans for continuing work
in 2001. The Implementing Agreement with the RRC expired on February 23,
2001, and the Implementing Agreement with the RAS expired on December
31, 2000. The proposed Implementing Agreements to continue this work at
the RRC and RAS for a 5-year period are attached to this paper.
WORK AT THE RUSSIAN RESEARCH CENTER
Work Completed in 2000
During 2000, the high-burnup fuel work consisted of performing axial
tensile tests on irradiated and unirradiated Alloy E110 fuel rod cladding
and reassessing and summarizing earlier Russian data on that alloy that
were not generated in this program. The temperature range was expanded
in 2000 to cover conditions of loss-of-coolant accidents (high temperatures)
as well as reactivity accidents (low temperatures), which were the focus
of earlier work. These are the two accident types that are postulated
for safety analysis around the world to ensure that plausible events do
not degrade into core melt accidents. A report on Mechanical Properties
of Unirradiated and Irradiated Zr-1%Nb Cladding covering the low temperature
regime was submitted and is currently in publication as a NUREG/IA report.
Mechanical properties from this program will be incorporated in USNRC's
FRAPTRAN fuel rod computer code, which is being used to resolve high-burnup
issues associated with reactivity accidents and loss-of-coolant accidents.
These mechanical properties will let the staff make estimates of the behavior
of the newer niobium-bearing alloys (M5 and ZIRLO) that are in use in
the U.S. for which mechanical properties data are not yet available (or
not available to the USNRC). While there may be some differences in the
mechanical properties of niobium-bearing alloys manufactured by different
vendors, the general effects of adding niobium should be apparent. Insights
from the Russian data have also been used directly by USNRC in reviewing
licensing submittals for the newer alloys and in assessing regulatory
criteria.
Comparisons of the Russian BARS code and USNRC's PARCS code have been
very useful because they are state-of-the art detailed codes that are
needed for the analysis of reactivity accidents in light of substantially
reduced acceptance criteria for high-burnup fuel. These two codes have
completely different developmental origins, and their comparison provides
insights and confidence in their analytic capabilities. During 2000, sensitivity
analyses were carried out on important parameters for the TMI-1 rod-ejection
benchmark calculations that had been previously performed. A report on
this work (NSI RRC KI 90-12/1-1-01) has been issued. Analysis of boron-dilution
events, another type of reactivity accident, was begun. The PARCS code
will be used by USNRC for confirmatory plant transient analysis once high-burnup
criteria are established for the reactivity accidents.
Work Planned for 2001
Attachment 1 to this paper describes the work planned in 2001 at the
RRC. This work is summarized below:
Continue assessment of earlier Russian data for conditions of loss-of-coolant
accidents. Perform ring-compression tests and axial tensile tests of oxidized
specimens of irradiated and unirradiated E110 cladding to determine the
zero-ductility conditions for analysis of loss-of-coolant accidents. Transfer
all Russian special modeling that was incorporated in USNRC 's FRAP-T6
fuel rod transient code and MATPRO materials property library to USNRC's
new FRAPTRAN code and updated MATPRO library.
Additional calculations will be made of a TMI-1 rod-ejection accident
to compare beginning-of-cycle and end-of-cycle behavior, and to compare
central-rod and peripheral-rod behavior. Sensitivity studies will be initiated
on boron-dilution accidents to examine major uncertainties. Modifications
will be made to the BARS code for calculating partial cores of mixed-oxide
fuel (MOX) to benchmark the results to those using the USNRC PARCS codes.
The cost to the USNRC for the 2001 work described above is $150K.
WORK AT THE RUSSIAN ACADEMY OF SCIENCES
Work Completed in 2000
- Probabilistic Risk Assessment - Contributors to Uncertainty
The RAS effort during FY 2000 was focused on assessing the change in
acceptance criteria for loss of coolant accidents (LOCA) as the break
size is reduced from the large break LOCA to smaller breaks. A draft report
was received and is undergoing review. This work is being used by the
staff in its evaluation of the feasibility of risk-informing 10 CFR 50
(Option 3)
Work Planned for 2001
Attachment II to this paper describes the work planned in 2001 at the
RAS. This work is summarized below:
- Assessment of MELCOR Version 1.8.5
RAS will assess MELCOR Version 1.8.5 using application to a VVER-1000
plant as a test case. Feedback on models and user characteristics will
be provided to USNRC. It should be noted that this work was started in
December 2000, upon release of the code, under Addendum 5. The cost to
the USNRC for this work is $100K, of which $75K has already been paid
as discussed in the background section of this paper.
RAS plans to explore approaches to improve risk communication. The objective
of the work is to assess approaches in various countries and industries
with respect to the risks to the public, how these risks are managed and
communicated. FY 2001 USNRC funding of $50K will help to support this
activity.
CONCLUSION:
Given the progress to date on the ongoing programs, the expectation that
the 2001 work described above can be successfully carried out, and the
relatively small funding involved, we believe that it is in the best interest
of the USNRC to continue our agreements with the RRC and RAS. The benefits
from the research conducted by the RRC and the RAS are discussed in Attachment
III. As noted in the Discussion Section, the Implementing Agreement with
the RRC expired on February 23, 2001, and the Implementing Agreement with
the RAS expired on December 31, 2000. Accordingly, new Implementing Agreements
with the RRC and RAS for a period of 5 years have been prepared and are
attached. I intend to forward these to the RRC and RAS for signature.
RESOURCES:
The cost to the USNRC in FY 2001 of the research summarized above would
be $150K for the RRC and $150K for the RAS of which $75K has already been
paid due to the early start of this work under Article II.B.2 of Addendum
5. These costs do not include the cost of travel, which will be paid for
by the RRC and RAS. Funds for this research work are in the FY 2001 Office
of Nuclear Regulatory Research budget.
COORDINATION:
This paper has been coordinated with the Office of International Programs,
which has no objection, the Office of the Chief Financial Officer, which
has no resource objection, and the Office of the General Counsel, which
has no legal objection.
I will continue to keep the Commission informed of progress on the USNRC
sponsored research at the RRC and the RAS.
|
/RA by William F. Kane Acting For/
William D. Travers
Executive Director for Operations |
Contact: |
Thomas L. King, RES:DRAA
(301) 415-5790
Ralph O. Meyer, RES:DSARE
(301) 415-6789 |
ATTACHMENT I
IMPLEMENTING AGREEMENT
BETWEEN
THE UNITED STATES NUCLEAR REGULATORY COMMISSION (USNRC)
AND
THE RUSSIAN RESEARCH CENTER (RRC)
FORMERLY THE I.V. KURCHATOV INSTITUTE FOR ATOMIC ENERGY (KI)
ON FUEL BEHAVIOR RESEARCH
Considering that the United States Nuclear Regulatory Commission (USNRC)
and Russian Research Center, formerly the I.V. Kurchatov Institute for
Atomic Energy (RRC-KI):
-
Have been cooperating in the area of civilian nuclear reactor safety
as part of a 5-year Agreement Between the Government of the United
States of America and the Government of the Russian Federation Concerning
Operational Safety Enhancements, Risk Reduction Measures and Nuclear
Safety Regulation for Civil Nuclear Facilities in the Russian Federation
signed on December 16, 1993, hereinafter "Agreement";
-
Have been conducting joint cooperative nuclear safety activities
through the Joint Coordinating Committee for Civilian Nuclear Reactor
Safety (JCCCNRS) (pursuant to the Memorandum of Cooperation in the
Field of Civilian Nuclear Reactor Safety of April 26, 1988, and the
Agreement between the United States of America and the Union of Soviet
Socialist Republics on Scientific and Technical Cooperation in the
Field of Peaceful Uses of Atomic Energy of June 1, 1990; hereinafter
Peaceful Uses Agreement). The JCCCNRS has been acknowledged as the
implementing committee for the above Agreement;
-
Have a mutual interest in cooperation in the field of nuclear safety
research, with the objective of improving the safety of reactors on
an international basis;
-
Have, as a mutual objective, reciprocity in the exchange of technical
information in the field of reactor safety research;
The USNRC and the RRC have adopted the following terms and conditions
as an implementing agreement.
ARTICLE I - PROGRAM COOPERATION
The USNRC and the RRC, in accordance with the provisions of this Implementing
Agreement and subject to applicable laws and regulations in force in the
respective Countries, will join together in nuclear safety programs related
to the behavior of reactor fuel, especially the behavior of reactor fuel
with high burnup.
ARTICLE II - FORMS OF COOPERATION
Cooperation between the parties may take the following forms:
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The exchange of information in the form of experimental results,
technical reports, code validation data, correspondence, newsletters,
visits, joint meetings, and such other means as the parties agree.
-
The temporary assignment of personnel of one party or of its contractors
to laboratories or facilities owned by the other party; each assignment
to be considered on a case-by-case basis and to be the subject of
a separate attachment-of-staff arrangement between the parties.
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The execution of joint programs and projects, including those involving
a division of activities between the parties; each joint program and
project may be considered on a case-by-case basis and may be the subject
of a separate arrangement between the parties.
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The use by one party of facilities that are owned by the other party;
such use of facilities may be the subject of separate arrangements
between the parties and may be subject to commercial terms and conditions.
-
If either party wishes to visit, assign personnel, or use the facilities
owned or operated by entities other than the parties to this Implementing
Agreement, the parties recognize that the approval of such entities
will in general be required with respect to the terms upon which such
visit, assignment, or use will be made.
-
Any other form agreed between the parties.
ARTICLE III - SCOPE OF COOPERATION
The objectives of this Implementing Agreement are to (a) obtain experimental
data on the behavior of Zr-1%Nb fuel rod cladding under postulated accident
conditions, (b) advance the development of fuel rod codes that are used
to analyze fuel behavior under accident conditions, and (c) explore and
modify plant transient codes for analyzing postulated accidents in light-water
reactors containing high-burnup fuel.
A. |
USNRC Scope of Responsibility |
|
Subject to Article VI, the USNRC will provide and coordinate
the provision of the following specified goods and services related
to the study of fuel behavior. |
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1. |
Codes |
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a. |
The USNRC will transmit to the RRC the following fuel behavior computer
codes and associated documentation developed by the USNRC: FRAPCON-3,
FRAP-T6, FRAPTRAN, MATPRO. These computer codes will include the latest
versions for PC and workstation applications. |
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b. |
The USNRC will also accommodate reasonable requests from RRC regarding
installation and use of these codes on PCs and workstations.
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c. |
The USNRC will provide input data for U.S. plant designs and other
parameters that may become part of analytical activities that are
undertaken. |
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2. |
Meetings, Visits, and Exchange of Personnel
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Subject to Article V.J of this Implementing Agreement,
the USNRC will: |
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a. |
Permit Russian personnel sponsored by RRC to attend, as appropriate,
technical program review meetings and technical progress meetings
related to this Implementing Agreement. |
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b. |
Facilitate visits of RRC-sponsored personnel to laboratories at
which USNRC-sponsored work related to this Implementing Agreement
is being conducted. |
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c. |
Permit the assignment of RRC-sponsored personnel to participate
in USNRC nuclear safety programs related to this Implementing Agreement
and to have ready access to relevant documentation associated with
severe accident codes and concrete containment performance.
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3. |
The USNRC will direct and coordinate with the RRC the
above activities to assure timely and effective completion of the
above tasks. |
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4. |
During the course of this cooperation, the USNRC and
RRC will develop specific tasks such as those listed above. These
tasks, once developed, will be included as technical appendices to
this agreement. |
B. |
RRC-KI Scope of Responsibility |
|
1. |
Experimental Investigations |
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Perform experimental tests and measurements on irradiated
and unirradiated fuel rod cladding in laboratories, hot cells, and
test reactors. These investigations are to be performed on Russian
cladding alloys that are similar to alloys being used in the U.S.
and are therefore of mutual interest. |
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2. |
Code Development and Applications |
|
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Modify USNRC fuel rod computer codes, which have been
developed for Zircaloy cladding, such that they are applicable to
Russian cladding alloys. Provide models, materials properties, and
correlations in forms that are compatible with USNRC codes and materials
properties libraries. Perform studies with Russian plant transient
codes in comparison with U.S. plant transient codes for the purpose
of validation and further development. |
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3. |
Additional Work |
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Subject to availability of funds and agreement between
USNRC and RRC, additional work related to fuel behavior research or
3-D reactor physics may be added under this Agreement, subject to
USNRC receipt and approval of a work plan. |
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4. |
Quarterly Technical and Financial Progress Reports
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The RRC will prepare a quarterly summary letter report
on each of the above tasks. Each report should include: the title
of the project, a Financial Identification Number (FIN) to be provided
by the USNRC, the period of performance, and the reporting period.
This report should contain two sections as indicated below.
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4.1 |
Project Status Section |
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This section should include the following:
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a. |
A listing of the efforts completed during the period and milestones
reached or, if missed, an explanation why. |
b. |
Any problems or delays encountered or anticipated and recommendations
for resolution. |
c. |
A summary of progress to date (this may be expressed in terms of
percentage completion for the project). |
d. |
Planned accomplishments for the next reporting period.
|
e. |
Preliminary or interim results, conclusions, trends, or other items
of information that the RRC believes are of timely interest to the
USNRC. |
f. |
Problems or delays experienced by the RRC in the conduct of this
effort and the proposed resolutions |
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4.2 |
Financial Status Section |
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Provide the total amount of funds expended (cost) during
the reporting period for each task identifying the major items of
expense and the total cumulative expenditure for the year to date.
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5. |
Audit and Record Requirements |
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The RRC shall maintain complete accounting records of
all funds provided to it by the USNRC under this Implementing Agreement
in accordance with accounting principles generally accepted in the
Russian Federation. These accounting records shall be maintained for
a period of no less than 3 years after the expiration of this Implementing
Agreement. The USNRC, or other authorized U.S. Government officials
shall have full access to the accounting records for the purposes
of financial audit during the period of this Implementing Agreement
and, after its expiration, for a period of no less than 3 years.
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6. |
Meetings, Visits and Exchange of Personnel
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In accordance with Article V.J. of this Implementing
Agreement, the RRC will: |
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a. |
Permit USNRC personnel or contractors sponsored by USNRC to attend,
as appropriate, technical program review meetings and technical progress
meetings concerning RRC work related to this Implementing Agreement.
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b. |
Facilitate visits of USNRC personnel or contractors sponsored by
USNRC to laboratories at which RRC-sponsored work related to this
Implementing Agreement is being conducted. |
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c. |
Permit the assignment of USNRC personnel or its contractors sponsored
by USNRC to participate in the RRC nuclear safety program related
to this Implementing Agreement and to have ready access to relevant
nuclear reactor safety documentation, codes and results.
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d. |
Attend USNRC's annual Water Reactor Safety Meeting and Cooperative
Severe Accident Research Meetings to present results of research work
as requested. In general, this will involve annually two trips to
the U.S. |
ARTICLE IV - FINANCIAL CONSIDERATIONS
The ability of the parties to carry out their obligations is subject
to the appropriation of funds by the appropriate governmental authorities
and to laws and regulations applicable to the parties. Subject to the
availability of funds, the USNRC will provide the RRC the sum of $150,000
in Fiscal Year 2001. The first payment of $75,000 will be made upon approval
of a work plan called a Description of Work. RRC will complete a Description
of Work acceptable to both parties within 60 days after entry into force
of this Implementing Agreement. A second payment of $75,000 will be made
in July 2001. Payment will be made upon receipt of RRC invoices, subject
to U.S. Government rules and regulations.
If other technical appendices are developed during the course of this
cooperation, the resulting financial considerations will be included in
those appendices.
ARTICLE V - ADMINISTRATION OF THE IMPLEMENTING
AGREEMENT
-
The USNRC and the RRC will each designate one representative to coordinate
and determine the detailed implementation of this Implementing Agreement.
This designated representative will be referred to as an Administrator
of the Implementing Agreement. The Administrators may, at their discretion,
delegate this responsibility to the appropriate individuals with respect
to a given issue.
-
This Implementing Agreement states restrictions concerning dissemination
of proprietary or other confidential or privileged information. Other
information that my be restricted includes matters related to organization,
budget, personnel, or management.
-
Each party to this Implementing Agreement will have access to all
reports written by its partner's technical personnel assigned to the
respective activities that derive from participation in this Implementing
Agreement.
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Subject to Article VG. and VH., USNRC-supplied codes and analytical
techniques and any improvements, modifications or updates to such
codes or techniques will not be disseminated to other parties outside
the Russian Federation without the consent of the USNRC.
-
Except for dissemination to USNRC and its principal contractors in
accordance with this Implementing Agreement, RRC-supplied codes and
analytical techniques and any improvements, modifications or updates
to such codes and techniques will not be disseminated to other parties
outside the U.S. without the consent of the RRC.
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The application or use of any codes exchanged or transferred between
the parties under this Implementing Agreement shall be the responsibility
of the receiving party, and the transmitting party does not warrant
the suitability of such codes for any particular use or application.
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The USNRC computer codes disseminated under this Implementing Agreement
are to be considered privileged information unless otherwise noted,
are protected as such by the USNRC, and shall be treated likewise
by RRC. They are in particular, subject to all the provisions of Article
VI including the requirements for an agreement of confidentiality
prior to dissemination, with the exception that they need not be marked
with the restrictive designation. The codes are subject to this protection
in both object and source forms and as recorded in any media.
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The USNRC computer codes and other related analytical techniques
that are provided to the RRC under this Implementing Agreement and
any improvements, modifications or updates to such codes or techniques
are for the purpose of this Implementing Agreement and shall not be
used by RRC or other parties within the Russian Federation for commercial
purposes; that is, for financial or other benefits not concerned with
the study of reactor safety.
Among the code uses that will be permitted under this Implementing
Agreement are those related to research in the reactor safety area and
analyses performed by the members or their contractors that can assist
regulators and plant personnel in assessing the safety of the plant,
analyzing operating events, and training of operators. Specific examples
of permitted analyses include: design basis accidents (e.g., loss-of-coolant
accidents), anticipated transients, accident management and emergency
operating procedures, mid-loop operation, analysis to support PRA success
criteria, power upgrades and reload.
Prohibited uses of the code include: (1) analyses to develop a new
reactor design, and (2) analyses to support power upgrades and reload
in the U.S. unless performed by a U.S. subsidiary.
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The USNRC codes and other related analytical techniques shall not
be advertised directly or by implication to obtain contracts related
to the construction, servicing, or refueling of nuclear facilities,
nor shall advertising imply that the USNRC has endorsed any analysis
or techniques.
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It is understood that the USNRC makes no warranties whatsoever for
the ability or suitability of any USNRC code or other analytical technique
to perform in any particular manner for any particular purpose, or
to accomplish any particular task. It is further understood that the
USNRC accepts no liability for damages of any type that may result
from the use of the USNRC codes or other analytical techniques provided
under this Implementing Agreement.
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Travel costs, living expenses, and salaries will be borne by the
parties who incurred them unless specified otherwise.
ARTICLE VI - EXCHANGE AND USE OF INFORMATION
AND INTELLECTUAL PROPERTY
A. |
General
The Parties support the widest possible dissemination of information
provided or exchanged under this Implementing Agreement, 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 Intellectual Property Addendum, which is an integral part of this
Implementing Agreement. |
B. |
Definitions (As used in this Implementing Agreement)
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1. |
The term "information" means nuclear energy-related
regulatory, safety, safeguards, waste management, scientific, or technical
data, including information on results or methods of assessment, research,
and any other knowledge intended to be provided or exchanged under
this Implementing Agreement. |
|
2. |
The term "proprietary information" means information
made available under this Implementing Agreement which contains trade
secrets or other privileged or confidential commercial information
(such that the person having the information may derive an economic
benefit from it or may have a competitive advantage over those who
do not have it), and may only include information which:
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a. |
has been held in confidence by its owner; |
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b. |
is of a type which is customarily held in confidence by its owner;
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c. |
has not been transmitted by the owner to other entities (including
the receiving party) except on the basis that it be held in confidence;
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d. |
is not otherwise available to the receiving party from another source
without restriction on its further dissemination; and |
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e. |
is not already in the possession of the receiving party.
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3 |
.The term "other confidential or privileged information"
means information, other than "proprietary information," which is
protected from public disclosure under the laws and regulations of
the country of the party providing the information and which has been
transmitted and received in confidence. |
C. |
Marking Procedures for Documentary Proprietary Information
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A party receiving documentary proprietary information
pursuant to this Implementing Agreement 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 Implementing Agreement dated between the United
States Nuclear Regulatory Commission and the Russian Research Center
and shall not be disseminated outside these organizations, their consultants,
contractors, and licensees, and concerned departments and agencies
of the Government of the United States and the Government of the Russian
Federation without the prior approval of (name of transmitting party).
This notice shall be marked on any reproduction hereof, in whole or
in part. These limitations shall automatically terminate when this
information is disclosed by the owner without restriction."
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This restrictive legend shall be respected by the receiving
party and proprietary information bearing this legend shall not be
used for commercial purposes, made public, or disseminated in any
manner unspecified by or contrary to the terms of this Implementing
Agreement without the consent of the transmitting party.
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D. |
Dissemination of Documentary Proprietary Information
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1. |
In general, proprietary information received under this
Implementing Agreement 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. |
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2. |
In addition, proprietary information may be disseminated
without prior consent to contractors 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 this Implementing
Agreement; provided that any such dissemination of proprietary information
shall be on an as-needed, case-by-case basis, shall be pursuant to
an agreement of confidentiality, and shall be marked with a restrictive
legend substantially similar to that appearing in Article VI. C. above.
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3. |
With the prior written consent of the party furnishing
proprietary information under this Implementing Agreement, the receiving
Party may disseminate such proprietary information more widely than
otherwise permitted in subsections 1. and 2. 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. |
E. |
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Marking Procedures for Other Confidential or Privileged
Information of a Documentary Nature |
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A party receiving under this Implementing Agreement
other confidential or privileged information shall respect its confidential
nature, provided such information is clearly marked so as to indicate
its confidential or privileged nature and is accompanied by a statement
indicating |
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1. |
that the information is protected from public disclosure
by the Government of the transmitting party; and |
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2. |
that the information is transmitted under the condition
that it be maintained in confidence. |
F. |
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 D.,
Dissemination of Documentary Proprietary Information. |
G. |
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 Implementing Agreement, 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 Implementing Agreement; provided,
however, that the party communicating such proprietary or other confidential
or privileged information has placed the recipient on notice as to
the character of the information communicated. |
H. |
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 Implementing Agreement,
it shall immediately inform the other party. The parties shall thereafter
consult to define an appropriate course of action. |
I. |
Other |
|
Nothing contained in this Implementing Agreement shall
preclude a party from using or disseminating information received
without restriction by a party from sources outside of this Implementing
Agreement. |
ARTICLE VII - FINAL PROVISIONS
-
This Implementing Agreement shall be effective from the date of signature
by the USNRC and the RRC and shall be effective for a period of 5
years. It may be extended for a further period of time by written
agreement of the parties.
-
Either party may withdraw from the present Implementing Agreement
after providing the other party written notice at least 180 days prior
to its intended date of withdrawal.
-
All costs arising from implementation of this Implementing Agreement
will be borne by the party that incurs them except when specifically
agreed to otherwise by both parties.
-
The parties to this Implementing Agreement reserve the right to modify
or extend the activities described in Article III within the intended
scope of this Implementing Agreement upon written concurrence of its
Administrators.
-
Any dispute between the parties concerning the interpretation or
application of this Implementing Agreement will be settled by mutual
agreement of the parties.
DONE at Rockville, Maryland on , 2001 , and at Moscow,
Russia on , 2001 .
FOR THE UNITED STATES NUCLEAR REGULATORY COMMISSION:
BY: |
_____________________________________________ |
TITLE: |
William D. Travers Executive Director for Operations |
FOR THE INSTITUTE OF NUCLEAR SAFETY OF THE RUSSIAN ACADEMY OF SCIENCES:
BY: |
_____________________________________________ |
TITLE: |
Vladimir Asmolov Director, Nuclear Safety Institute/RRC |
INTELLECTUAL PROPERTY ADDENDUM
Pursuant to Article VI of this Implementing Agreement:
The parties shall ensure adequate and effective protection of intellectual
property created or furnished under this Implementing Agreement and relevant
implementing arrangements. The parties agree to notify one another in
a timely fashion of any inventions or copyrighted works arising under
this Implementing Agreement and to seek protection for such intellectual
property in a timely fashion. Rights to such intellectual property shall
be allocated as provided in this Addendum.
I. SCOPE
A. |
This Addendum is applicable to all cooperative activities undertaken
pursuant to this Implementing Agreement, except as otherwise specifically
agreed by the parties or their designees. |
B. |
For purposes of this Implementing Agreement, "intellectual property"
shall have the meaning found in Article 2 of the Convention Establishing
the World Intellectual Property Organization, done at Stockholm, July
14, 1967; viz., " 'intellectual property' shall include the rights
relating to: |
|
- literary, artistic and scientific works,
- performances of artists, phonograms, and broadcasts,
- inventions in all fields of human endeavor,
- scientific discoveries,
- industrial designs,
- trademarks, service marks, and commercial names and designations,
- protection against unfair competition, |
|
and all other rights resulting from intellectual activity in the
industrial, scientific, literary or artistic fields." |
C. |
This Addendum addresses the allocation of rights, interests, and
royalties between the parties. Each party shall ensure that the other
party can obtain rights to intellectual property allocated in accordance
with the Addendum by obtaining those rights from its own participants
through contracts or other legal means, if necessary. This Addendum
does not otherwise alter or prejudice the allocation between a party
and its nationals, which shall be determined by that party's laws
and practices. |
D. |
Disputes concerning intellectual property arising under this Implementing
Agreement should be resolved through discussions between the concerned
participating institutions or, if necessary, the parties or their
designees. Upon mutual agreement of the parties, a dispute shall be
submitted to an arbitral tribunal for binding arbitration in accordance
with the applicable rules of international law. Unless the parties
or their designees agree otherwise in writing, the arbitration rules
of the United Nations Commission on International Trade Law (UNCITRAL)
shall govern. |
E. |
Termination or expiration of this Implementing Agreement shall not
affect rights or obligations under this Addendum. |
II. ALLOCATION OF RIGHTS
A. |
Each party shall be entitled to a non-exclusive, irrevocable,
royalty-free license in all countries to translate, reproduce, and
publicly distribute scientific and technical journal articles, reports,
and books directly arising from cooperation under this Implementing
Agreement. All publicly distributed copies of copyrighted work prepared
under this provision shall indicate the names of the authors of the
work unless an author explicitly declines to be named. |
B. |
Rights to all forms of intellectual property, other
than those rights described in Section II(A) above, shall be allocated
as follows: |
|
1. |
Visiting researchers, for example, scientists visiting primarily
in furtherance of their education, shall receive intellectual property
rights under the policies of the host institution. In addition, each
visiting researcher named as an inventor shall be entitled to national
treatment with regard to awards, bonuses, benefits, or any other rewards,
in accordance with the policies of the host institution.
|
|
2. |
(a) For intellectual property created during joint research, for
example, when the parties, participating institutions, or participating
personnel have agreed in advance on the scope of work, each party
shall be entitled to obtain all rights and interests in its own country.
The party in whose country the invention was made shall have first
option to acquire all rights and interests in third countries. If
research is not designated as "joint research", rights to intellectual
property arising from the research will be allocated in accordance
with paragraph II.B.1. In addition, each person named as an inventor
shall be entitled to national treatment with regard to awards, bonuses,
benefits, or any other rewards, in accordance with the policies of
the host institution. |
|
|
(b) Notwithstanding paragraph II.B.2.(a), if a type of intellectual
property is available under the laws of one party but not the other
party, the party whose laws provide for this type of protection shall
be entitled to all rights and interests worldwide. Persons named as
inventors of the property shall nonetheless be entitled to royalties
as provided in paragraph II.B.2.(a). |
ATTACHMENT II
IMPLEMENTING AGREEMENT
BETWEEN
THE UNITED STATES NUCLEAR REGULATORY COMMISSION (USNRC)
AND
THE INSTITUTE OF NUCLEAR SAFETY (IBRAE)
OF THE
RUSSIAN ACADEMY OF SCIENCES (RAS)
ON THE DEVELOPMENT AND APPLICATION OF NUCLEAR SAFETY ANALYSIS CODES
AND PROBABILISTIC RISK ASSESSMENT TECHNIQUES
Considering that the United States Nuclear Regulatory Commission (USNRC)
and Institute of Nuclear Safety of the Russian Academy of Sciences (IBRAE/RAS):
-
Have been cooperating in the area of civilian nuclear reactor safety
as part of a 5-year Agreement Between the Government of the United
States of America and the Government of the Russian Federation Concerning
Operational Safety Enhancements, Risk Reduction Measures and Nuclear
Safety Regulation for Civil Nuclear Facilities in the Russian Federation
signed on December 16, 1993, hereinafter "Agreement";
-
Have been conducting joint cooperative nuclear safety activities
through the Joint Coordinating Committee for Civilian Nuclear Reactor
Safety (JCCCNRS) (pursuant to the Memorandum of Cooperation in the
Field of Civilian Nuclear Reactor Safety of April 26, 1988, and the
Agreement between the United States of America and the Union of Soviet
Socialist Republics on Scientific and Technical Cooperation in the
Field of Peaceful Uses of Atomic Energy of June 1, 1990; hereinafter
Peaceful Uses Agreement). The JCCCNRS has been acknowledged as the
implementing committee for the above Agreement;
-
Have a mutual interest in cooperation in the field of nuclear safety
research, with the objective of improving the safety of reactors on
an international basis;
-
Have, as a mutual objective, reciprocity in the exchange of technical
information in the field of reactor safety research;
The USNRC and the IBRAE/RAS have adopted the following terms and conditions
as an implementing agreement.
ARTICLE I - PROGRAM COOPERATION
The USNRC and the IBRAE/RAS, in accordance with the provisions of this
Implementing Agreement and subject to applicable laws and regulations
in force in the respective Countries, will join together in nuclear safety
programs related to the development and application of nuclear safety
analysis codes (i.e., CONTAIN, SCDAP/RELAP, CORCON, HMS, VANESA, MELCOR)
probabilistic risk assessment techniques to RBMK, VVER-type and U.S. LWR
reactors.
ARTICLE II - FORMS OF COOPERATION
Cooperation between the parties may take the following forms:
-
The exchange of information in the form of technical reports, code
validation data, correspondence, newsletters, visits, joint meetings,
and such other means as the parties agree.
-
The temporary assignment of personnel of one party or of its contractors
to laboratories or facilities owned by the other party; each assignment
to be considered on a case-by-case basis and to be the subject of
a separate attachment-of-staff arrangement between the parties.
-
The execution of joint programs and projects, including those involving
a division of activities between the parties; each joint program and
project may be considered on a case-by-case basis and may be the subject
of a separate arrangement between the parties.
-
The use by one party of facilities that are owned by the other party;
such use of facilities may be the subject of separate arrangements
between the parties and may be subject to commercial terms and conditions.
-
If either party wishes to visit, assign personnel, or use the facilities
owned or operated by entities other than the parties to this Implementing
Agreement, the parties recognize that the approval of such entities
will in general be required with respect to the terms upon which such
visit, assignment, or use will be made.
-
Any other form agreed between the parties.
ARTICLE III - SCOPE OF COOPERATION
The objective of this Implementing Agreement is to develop and assess
improved models to selected USNRC severe accident codes and to develop,
apply or assess probabilistic risk assessment techniques to improve safety
and public confidence. In particular, this agreement will include assessment
of models for the MELCOR, SCDAP/RELAP and SAPHIRE codes and development
of risk communication techniques.
A. |
USNRC Scope of Responsibility |
|
Subject to Article VI, the USNRC will provide and coordinate
the provision of the following specified goods and services related
to the MELCOR, SCDAP/RELAP and SAPHIRE codes. |
|
1. |
Codes |
|
|
a. |
The USNRC will transmit to the IBRAE/RAS the MELCOR, SCDAP/RELAP
and SAPHIRE nuclear safety analysis codes and associated documentation
developed by the USNRC. These computer codes will include the latest
versions applicable to computer workstation applications.
|
|
|
b. |
The USNRC will also accommodate reasonable requests from IBRAE/RAS
regarding the installation and use of these codes in computer work
stations as indicated below. |
|
2. |
Meetings, Visits, and Exchange of Personnel
|
|
|
Subject to Article V.J of this Implementing Agreement,
the USNRC will: |
|
|
a. |
Permit Russian personnel sponsored by IBRAE/RAS to attend, as appropriate,
technical program review meetings and technical progress meetings
related to this Implementing Agreement. |
|
|
b. |
Facilitate visits of IBRAE/RAS-sponsored personnel to laboratories
at which USNRC-sponsored work related to this Implementing Agreement
is being conducted. |
|
|
c. |
Permit the assignment of IBRAE/RAS-sponsored personnel to participate
in USNRC nuclear safety programs related to this Implementing Agreement
and to have ready access to relevant documentation associated with
severe accident and probabilistic risk assessment codes.
|
|
3. |
The USNRC will direct and coordinate with the IBRAE/RAS
the above activities to assure timely and effective completion of
the above tasks. |
|
4. |
During the course of this cooperation, the USNRC and
IBRAE/RAS will develop specific tasks such as those listed above,
involving nuclear safety analysis codes. These tasks, once developed,
will be included as technical appendices to this agreement.
|
B. |
IBRAE Scope of Responsibility |
|
The IBRAE/RAS, in coordination with the USNRC, will
provide the following specified goods and services related to code
assessment and probabilistic risk assessment. |
|
1. |
Model Development for USNRC Severe Accident Codes
|
|
|
Assess the latest version of the MELCOR code in the
following areas: |
|
|
-user attributes for level 2 risk assessment
-adequacy of models for level 2 risk assessment |
|
2. |
Risk Communication |
|
|
-Explore ways to improve risk communication by considering
the approaches used in various countries and industries to manage
and communicate to the public and governmental organizations.
|
|
3. |
Additional Work |
|
|
Subject to availability of funds and agreement between
USNRC and IBRAE/RAS, additional work related to code consolidation,
code development or risk assessment may be added under this Agreement,
subject to USNRC receipt and approval of a work plan. |
|
4. |
Quarterly Technical and Financial Progress Reports
|
|
|
The IBRAE/RAS will prepare a quarterly summary letter
report on each of the above tasks. Each report should include: the
title of the project, a Financial Identification Number (FIN) to be
provided by the USNRC, the period of performance, and the reporting
period. This report should contain two sections as indicated below.
|
|
|
4.1 Project Status Section |
|
|
This section should include the following:
|
|
|
a. |
A listing of the efforts completed during the period and milestones
reached or, if missed, an explanation why. |
|
|
b. |
Any problems or delays encountered or anticipated and recommendations
for resolution. |
|
|
c. |
A summary of progress to date (this may be expressed in terms of
percentage completion for the project). |
|
|
d. |
Planned accomplishments for the next reporting period.
|
|
|
e. |
Preliminary or interim results, conclusions, trends, or other items
of information that the IBRAE/RAS believes are of timely interest
to the USNRC. |
|
|
f. |
Problems or delays experienced by the IBRAE/RAS in the conduct of
this effort and the proposed resolutions |
|
|
4.2 Financial Status Section |
|
|
Provide the total amount of funds expended (cost) during
the reporting period for each task identifying the major items of
expense and the total cumulative expenditure for the year to date.
|
|
5. |
Audit and Record Requirements |
|
|
The IBRAE/RAS shall maintain complete accounting records
of all funds provided to it by the USNRC under this Implementing Agreement
in accordance with accounting principles generally accepted in the
Russian Federation. These accounting records shall be maintained for
a period of no less than 3 years after the expiration of this Implementing
Agreement. The USNRC, or other authorized U.S. Government officials
shall have full access to the accounting records for the purposes
of financial audit during the period of this Implementing Agreement
and, after its expiration, for a period of no less than 3 years.
|
|
6. |
Meetings, Visits and Exchange of Personnel
|
|
|
In accordance with Article V.J. of this Implementing
Agreement, the IBRAE/RAS will: |
|
|
a. |
permit USNRC personnel or contractors sponsored by USNRC to attend,
as appropriate, technical program review meetings and technical progress
meetings concerning IBRAE/RAS work related to this Implementing Agreement.
|
|
|
b. |
Facilitate visits of USNRC personnel or contractors sponsored by
USNRC to laboratories at which IBRAE/RAS-sponsored work related to
this Implementing Agreement is being conducted. |
|
|
c. |
Permit the assignment of USNRC personnel or its contractors sponsored
by USNRC to participate in the IBRAE/RAS nuclear safety program related
to this Implementing Agreement and to have ready access to relevant
nuclear reactor safety documentation, codes and results. |
ARTICLE IV - FINANCIAL CONSIDERATIONS
The ability of the parties to carry out their obligations is subject
to the appropriation of funds by the appropriate governmental authority
and to laws and regulations applicable to the parties. Subject to the
availability of funds, the USNRC will provide the IBRAE/RAS the sum of
$75K in Fiscal Year 2001.
A payment of $75K will be made upon approval of the work plan. IBRAE/RAS
will complete a work plan acceptable to both parties within 60 days after
entry into force of this Implementing Agreement. Payment will be made
upon receipt of IBRAE/RAS invoices, subject to U.S. government rules and
regulations.
If other technical appendices are developed during the course of this
cooperation, the resulting financial considerations will be included in
these appendices.
ARTICLE V - ADMINISTRATION OF THE IMPLEMENTING AGREEMENT
-
The USNRC and the IBRAE/RAS will each designate one representative
to coordinate and determine the detailed implementation of this Implementing
Agreement. This designated representative will be referred to as an
Administrator of the Implementing Agreement. The Administrators may,
at their discretion, delegate this responsibility to the appropriate
individuals with respect to a given issue.
-
This Implementing Agreement states restrictions concerning dissemination
of proprietary or other confidential or privileged information. Other
information that my be restricted includes matters related to organization,
budget, personnel, or management.
-
Each party to this Implementing Agreement will have access to all
reports written by its partner's technical personnel assigned to the
respective activities that derive from participation in this Implementing
Agreement.
-
USNRC-supplied codes and analytical techniques and any improvements,
modifications or updates to such codes or techniques will not be disseminated
to other parties outside the Russian Federation without the consent
of the USNRC.
-
Except for dissemination to USNRC and its principal contractors in
accordance with this Implementing Agreement, IBRAE/RAS-supplied codes
and analytical techniques and any improvements, modifications or updates
to such codes and techniques will not be disseminated to other parties
outside the U.S. without the consent of the IBRAE/RAS.
-
The application or use of any codes exchanged or transferred between
the parties under this Implementing Agreement shall be the responsibility
of the receiving party, and the transmitting party does not warrant
the suitability of such codes for any particular use or application.
-
The USNRC computer codes disseminated under this Implementing Agreement
are to be considered privileged information unless otherwise noted,
are protected as such by the USNRC, and shall be treated likewise
by IBRAE/RAS. They are in particular, subject to all the provisions
of Article VI including the requirements for an agreement of confidentiality
prior to dissemination, with the exception that they need not be marked
with the restrictive designation. The codes are subject to this protection
in both object and source forms and as recorded in any media.
-
The USNRC computer codes and other related analytical techniques
that are provided to the IBRAE/RAS under this Implementing Agreement
and any improvements, modifications or updates to such codes or techniques
are for the purpose of this Implementing Agreement and shall not be
used by IBRAE/RAS or other parties within the Russian Federation for
commercial purposes; that is, for financial or other benefits not
concerned with the study of reactor safety.
Among the code uses that will be permitted under this Implementing
Agreement are those related to research in the reactor safety area and
analyses performed by the members or their contractors that can assist
regulators and plant personnel in assessing the safety of the plant,
analyzing operating events, and training of operators. Specific examples
of permitted analyses include: design basis accidents (e.g., loss-of-coolant
accidents), anticipated transients, accident management and emergency
operating procedures, mid-loop operation, analysis to support PRA success
criteria, power upgrades and reload.
Prohibited uses of the code include: (1) analyses to develop a new
reactor design, and (2) analyses to support power upgrades and reload
in the U.S. unless performed by a U.S. subsidiary.
-
The USNRC codes and other related analytical techniques shall not
be advertised directly or by implication to obtain contracts related
to the construction, servicing, or refueling of nuclear facilities,
nor shall advertising imply that the USNRC has endorsed any analysis
or techniques.
-
It is understood that the USNRC makes no warranties whatsoever for
the ability or suitability of any USNRC code or other analytical technique
to perform in any particular manner for any particular purpose, or
to accomplish any particular task. It is further understood that the
USNRC accepts no liability for damages of any type that may result
from the use of the USNRC codes or other analytical techniques provided
under this Implementing Agreement.
-
Travel costs, living expenses, and salaries will be borne by the
parties who incurred them unless specified otherwise.
ARTICLE VI - EXCHANGE AND USE OF INFORMATION AND
INTELLECTUAL PROPERTY
A. |
General |
|
The Parties support the widest possible dissemination
of information provided or exchanged under this Implementing Agreement,
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 Intellectual Property Addendum, which is an integral
part of this Implementing Agreement. |
B. |
Definitions (As used in this Implementing Agreement)
|
|
1. |
The term "information" means nuclear energy-related
regulatory, safety, safeguards, waste management, scientific, or technical
data, including information on results or methods of assessment, research,
and any other knowledge intended to be provided or exchanged under
this Implementing Agreement. |
|
2. |
The term "proprietary information" means information
made available under this Implementing Agreement which contains trade
secrets or other privileged or confidential commercial information
(such that the person having the information may derive an economic
benefit from it or may have a competitive advantage over those who
do not have it), and may only include information which:
|
|
|
a. |
has been held in confidence by its owner; |
|
|
b. |
is of a type which is customarily held in confidence by its owner;
|
|
|
c. |
has not been transmitted by the owner to other entities (including
the receiving party) except on the basis that it be held in confidence;
|
|
|
d. |
is not otherwise available to the receiving party from another source
without restriction on its further dissemination; and |
|
|
e. |
is not already in the possession of the receiving party.
|
|
3. |
The term "other confidential or privileged information"
means information, other than "proprietary information," which is
protected from public disclosure under the laws and regulations of
the country of the party providing the information and which has been
transmitted and received in confidence. |
C. |
Marking Procedures for Documentary Proprietary Information
|
|
A party receiving documentary proprietary information
pursuant to this Implementing Agreement 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 Implementing Agreement dated between the United
States Nuclear Regulatory Commission and the Institute of Nuclear
Safety of the Russian Academy of Sciences and shall not be disseminated
outside these organizations, their consultants, contractors, and licensees,
and concerned departments and agencies of the Government of the United
States and the Government of the Russian Federation without the prior
approval of (name of transmitting party). This notice shall be marked
on any reproduction hereof, in whole or in part. These limitations
shall automatically terminate when this information is disclosed by
the owner without restriction." |
|
This restrictive legend shall be respected by the receiving
party and proprietary information bearing this legend shall not be
used for commercial purposes, made public, or disseminated in any
manner unspecified by or contrary to the terms of this Implementing
Agreement without the consent of the transmitting party.
|
D. |
Dissemination of Documentary Proprietary Information
|
|
1. |
In general, proprietary information received under this
Implementing Agreement 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. |
|
2. |
In addition, proprietary information may be disseminated
without prior consent to contractors 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 this Implementing
Agreement; provided that any such dissemination of proprietary information
shall be on an as-needed, case-by-case basis, shall be pursuant to
an agreement of confidentiality, and shall be marked with a restrictive
legend substantially similar to that appearing in Article VI. C. above.
|
|
3. |
With the prior written consent of the party furnishing
proprietary information under this Implementing Agreement, the receiving
Party may disseminate such proprietary information more widely than
otherwise permitted in subsections 1. and 2. 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. |
E. |
Marking Procedures for Other Confidential or Privileged
Information of a Documentary Nature |
|
A party receiving under this Implementing Agreement
other confidential or privileged information shall respect its confidential
nature, provided such information is clearly marked so as to indicate
its confidential or privileged nature and is accompanied by a statement
indicating |
|
1. |
that the information is protected from public disclosure
by the Government of the transmitting party; and |
|
2. |
that the information is transmitted under the condition
that it be maintained in confidence. |
F. |
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 D.,
Dissemination of Documentary Proprietary Information. |
G. |
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 Implementing Agreement, 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 Implementing Agreement; provided,
however, that the party communicating such proprietary or other confidential
or privileged information has placed the recipient on notice as to
the character of the information communicated. |
H. |
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 Implementing Agreement,
it shall immediately inform the other party. The parties shall thereafter
consult to define an appropriate course of action. |
I. |
Other |
|
Nothing contained in this Implementing Agreement shall
preclude a party from using or disseminating information received
without restriction by a party from sources outside of this Implementing
Agreement. |
ARTICLE VII - FINAL PROVISIONS
-
This Implementing Agreement shall be effective from the date of signature
by the USNRC and the IBRAE/RAS and shall be effective for a period
of 5 years. It may be extended for a further period of time by written
agreement of the parties.
-
Either party may withdraw from the present Implementing Agreement
after providing the other party written notice at least 180 days prior
to its intended date of withdrawal.
-
All costs arising from implementation of this Implementing Agreement
will be borne by the party that incurs them except when specifically
agreed to otherwise by both parties.
-
The parties to this Implementing Agreement reserve the right to modify
or extend the activities described in Article III within the intended
scope of this Implementing Agreement upon written concurrence of its
Administrators.
-
Any dispute between the parties concerning the interpretation or
application of this Implementing Agreement will be settled by mutual
agreement of the parties.
DONE at Rockville, Maryland on , 2001 , and at Moscow,
Russia on , 2001 .
FOR THE UNITED STATES NUCLEAR REGULATORY COMMISSION:
BY: |
_____________________________________________ |
TITLE: |
William D. Travers Executive Director for Operations |
FOR THE INSTITUTE OF NUCLEAR SAFETY OF THE RUSSIAN ACADEMY OF SCIENCES:
BY: |
_____________________________________________ |
TITLE: |
Leonid A. Bolshov Director, Nuclear Safety Institute/RRC
|
INTELLECTUAL PROPERTY ADDENDUM
Pursuant to Article VI of this Implementing Agreement:
The parties shall ensure adequate and effective protection of intellectual
property created or furnished under this Implementing Agreement and relevant
implementing arrangements. The parties agree to notify one another in
a timely fashion of any inventions or copyrighted works arising under
this Implementing Agreement and to seek protection for such intellectual
property in a timely fashion. Rights to such intellectual property shall
be allocated as provided in this Addendum.
I. SCOPE
A. |
This Addendum is applicable to all cooperative activities undertaken
pursuant to this Implementing Agreement, except as otherwise specifically
agreed by the parties or their designees. |
B. |
For purposes of this Implementing Agreement, "intellectual property"
shall have the meaning found in Article 2 of the Convention Establishing
the World Intellectual Property Organization, done at Stockholm, July
14, 1967; viz., " 'intellectual property' shall include the rights
relating to: |
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- literary, artistic and scientific works,
- performances of artists, phonograms, and broadcasts,
- inventions in all fields of human endeavor,
- scientific discoveries,
- industrial designs,
- trademarks, service marks, and commercial names and designations,
- protection against unfair competition, |
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and all other rights resulting from intellectual activity in the
industrial, scientific, literary or artistic fields." |
C. |
This Addendum addresses the allocation of rights, interests, and
royalties between the parties. Each party shall ensure that the other
party can obtain rights to intellectual property allocated in accordance
with the Addendum by obtaining those rights from its own participants
through contracts or other legal means, if necessary. This Addendum
does not otherwise alter or prejudice the allocation between a party
and its nationals, which shall be determined by that party's laws
and practices. |
D. |
Disputes concerning intellectual property arising under this Implementing
Agreement should be resolved through discussions between the concerned
participating institutions or, if necessary, the parties or their
designees. Upon mutual agreement of the parties, a dispute shall be
submitted to an arbitral tribunal for binding arbitration in accordance
with the applicable rules of international law. Unless the parties
or their designees agree otherwise in writing, the arbitration rules
of the United Nations Commission on International Trade Law (UNCITRAL)
shall govern. |
E. |
Termination or expiration of this Implementing Agreement shall not
affect rights or obligations under this Addendum. |
II. ALLOCATION OF RIGHTS
A. |
Each party shall be entitled to a non-exclusive, irrevocable,
royalty-free license in all countries to translate, reproduce, and
publicly distribute scientific and technical journal articles, reports,
and books directly arising from cooperation under this Implementing
Agreement. All publicly distributed copies of copyrighted work prepared
under this provision shall indicate the names of the authors of the
work unless an author explicitly declines to be named. |
B. |
Rights to all forms of intellectual property, other
than those rights described in Section II(A) above, shall be allocated
as follows: |
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1. |
Visiting researchers, for example, scientists visiting primarily
in furtherance of their education, shall receive intellectual property
rights under the policies of the host institution. In addition, each
visiting researcher named as an inventor shall be entitled to national
treatment with regard to awards, bonuses, benefits, or any other rewards,
in accordance with the policies of the host institution.
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2. |
(a) For intellectual property created during joint research, for
example, when the parties, participating institutions, or participating
personnel have agreed in advance on the scope of work, each party
shall be entitled to obtain all rights and interests in its own country.
The party in whose country the invention was made shall have first
option to acquire all rights and interests in third countries. If
research is not designated as "joint research," rights to intellectual
property arising from the research will be allocated in accordance
with paragraph II.B.1. In addition, each person named as an inventor
shall be entitled to national treatment with regard to awards, bonuses,
benefits, or any other rewards, in accordance with the policies of
the host institution. |
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(b) Notwithstanding paragraph II.B.2.(a), if a type of intellectual
property is available under the laws of one party but not the other
party, the party whose laws provide for this type of protection shall
be entitled to all rights and interests worldwide. Persons named as
inventors of the property shall nonetheless be entitled to royalties
as provided in paragraph II.B.2.(a). |
ATTACHMENT III
BENEFITS FROM RESEARCH CONDUCTED BY THE
RUSSIAN RESEARCH CENTER AND RUSSIAN ACADEMY OF SCIENCES
Russian Research Center
The cost of this work is leveraged by about 20 as a result of low staff
costs and the sharing of costs with the French safety institute, IPSN,
and the Russian ministry, MINATOM, and other Russian organizations. Further,
large quantities of raw data are brought into this program for assessment
from other Russian programs that did not receive USNRC support. These
programs include (a) testing under reactivity accident conditions in two
test reactors, (b) testing under loss-of-coolant conditions in the Impulse
Graphite reactor, (c) testing of fresh and irradiated cladding out of
pile under loss-of-coolant conditions, and (d) studies of properties of
zirconium alloys, especially those with niobium.
Standard Russian VVER cladding is a Zr-1%Nb alloy that is almost identical
in composition to the Framatome M5 alloy and similar to the Westinghouse
ZIRLO cladding that are being used in the U.S. High-burnup studies of
these alloys have not yet been made in the U.S., and the Russian work
gives some insights into the behavior of these cladding types under postulated
accident conditions that must be considered in safety analyses.
The first major result from this program was the demonstration that the
niobium alloy cladding with its much lower corrosion level behaved much
differently than Zircaloy under conditions of a reactivity accident. The
failure mechanism was a ductile burst rather than a brittle fracture and
it occurred at a significantly higher energy deposition. This demonstrated
the importance of the failure mechanism, corrosion level, and alloy type,
and it indicates a potential for improved transient behavior of the newer
alloys being used in the U.S.
A Russian-French-American round-robin tensile test was performed on Russian
cladding tubes to check reproducibility of measurement techniques. This
led to state-of-the-art developments of ring-tensile specimen design that
will allow testing of small specimens of irradiated material to obtain
mechanical properties. These properties are needed to perform analyses
that will reduce the number of in-reactor and large integral tests in
hot cells to determine damage criteria for new cladding alloys at high
burnups.
A recent Russian handbook of zirconium alloy properties was given to
the USNRC along with permission to pass the information along to the U.S.
industry. The USNRC had this handbook translated and then gave the original
and translated versions to EPRI for distribution to the U.S. industry,
subject to cost and copyright arrangements with the publisher.
Information on phase transformations and mechanical properties of Zr-1%Nb
alloys generated in this Russian program were used by USNRC's reviewer
in the review of Framatome's licensing topical report on M5 cladding.
These results helped the reviewer perform this review on schedule and
issue an approval in 1999.
Results show that the difference between mechanical properties of unirradiated
and irradiated cladding disappears completely at temperatures above 860
K and that a pronounced anisotropy effect in unirradiated cladding is
insignificant in irradiated cladding. These insights help design related
tests being done in the U.S. and contribute to our understanding of the
behavior of new cladding alloys in the U.S. at high burnups.
Models and coding were developed in this program for calculating heat
transfer and rewetting in water-filled test capsules where there is no
flow over the fuel rod surface. These models were installed in the VVER
version developed by the Russians of USNRC's FRAP-T6 fuel rod transient
code. These models will be imported into USNRC's current FRAPTRAN fuel
rod transient code, and the models will improve the analysis of data from
Japanese tests in stagnant water capsules. Such analysis will help avoid
unnecessary conservative biases in interpreting the important data set
from Japan.
Excellent agreement between the Russian neutron kinetics code, BARS,
and western codes like USNRC's PARCS code gives added confidence in all
of these codes to predict fuel rod power during transients, and the studies
of uncertainties being done in this program will allow more accurate uncertainty
estimates thus avoiding unnecessary conservative margin. These codes are
used primarily for the postulated reactivity accidents.
Russian Academy of Sciences
The work performed by the RAS has involved analytical modeling of core
melt progression, assessment of RELAP against Russian thermal-hydraulic
data and PRA methods development.
RAS analytical modeling work led to the development and implementation
of four analytical models for USNRC's SCDAP/RELAP code. These models address:
- steam/zirconium interactions
- fuel and clad melting
- zirconium and UO2 dissolution
- cladding mechanical behavior
These analytical models are based more on first principles than the previous
models and thus make the code applicable to a wider range of conditions.
RAS thermal-hydraulics work screened and identified unique Russian thermal-hydraulic
data of potential use in assessing USNRC's RELAP code. This will help
focus assessment efforts on the data most relevant to RELAP.
RAS has also developed a report on the desired attributes of a consolidated
severe accident code, which will be used to assist USNRC severe accident
code consolidation work.
RAS PRA work led to the development of a technique for incorporating
uncertainties into a risk assessment not traditionally modeled (i.e.,
success criteria). This method was used in follow on work to assess the
sensitivity of LOCA PRA analyses to uncertainties in LOCA success criteria.
Such work is being used in our efforts to risk-inform 10 CFR 50.46 (Option
3).
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