WHEREAS, the United States Nuclear Regulatory Commission (herei-
nafter referred to as "USNRC") is sponsoring at Battelle Memori-
al Institute, Columbus Laboratories (hereinafter referred to as
"Battelle " ) a program of safety research on ductile piping fr-
acture mechanics under USNRC Contract No. NRC-04-84 --103 (here-
inafter referred to as " Degraded Piping Program ") ;
WHEREAS, USNRC may execute cooperative participation agreements
with other parties in connection with the participation of such
parties in the USNRC International Piping Integrity Research Gr-
oup program (hereinafter referred to as "IPIRG") under terms and
conditions like those set forth herein ;
WHEREAS, Battelle has been authorized by the USNRC to execute a-
greements,with various other parties for the participation of s-
uch parties as members the in IPIRG ;
WHEREAS, USNRC and the American Institute in Taiwan (hereinafter
referred to as "AIT") have a mutual interest in cooperation in
the field of light water reactor safety research ;
WHEREAS, ATT is interested in participating in IPIRG and will do
so through its designated representative, the Coordination Coun-
cil for North American Affairs (hereinafter referred to as "CCN-
AA") ; AIT and USNRC agree as follows :
ARTICLE 1
OBJECTIVE
1.1 AIT,through its designated representative CCNAA, in accorda-
nce with the provisions of this Agreement and subject to ap-
plicable laws and regulations will participate in the IPIRG,
as described in Appendix I to this Agreement, or as amended.
1.2 The research program included under this Agreement is direc-
ted to the development and experimental verification of duc-
tile piping fracture mechanics analysis techniques and pipi-
ng material properties data. This will include performance
of fracture tests on pipe specimens, development of material
properties data, and performance of analytic studies with t-
he objective of developing engineering solutions that can be
applied to the evaluation of real or postulated pipe cracks
under service conditions. In view of the significant inform-
ation on ductile piping fracture mechanics to be derived fo-
rm this unique program, and in consideration of the large s-
cope of effort and cost attendant in carrying out such a pr-
ogram, the USNRC considers this project to be one appropria-
te for collaborative interest by other parties.
1.3 The technical work program set forth in Appendix I constitu-
tes the program to be carried out by Battelle for the USNRC
in collaboration with participants of the IPIRG.
1.4 The USNRC is also sponsoring several programs pertinent to
piping intergrity. The programs and their work scopes are d-
escribed in Appendix II. The USNRC will make the results of
those programs available to participants in IPIRG. The part-
icipants will be permitted to have detailed consultations w-
ith the scientists cognizant of these programs, provided th-
at such consultations do not present a significant time or
cost burden to the programs. Such consultations are subject
to prior approval by the USNRC.
ARTICLE 2
SCOPE OF AGREEMENT
2.1 Battelle will provide the necessary management, personnel,
materials, equipment and services to carry out IPIRG This w-
ill be accomplishede through its Contract No. NRC-04-86-106.
2.2 CCNAA, as the designated
representative of AIT in the IPIRG, will receive frome Batt-
elle a monthly letter report presenting the progress and st-
atus of each task as described in Appendix I, or as amended.
2.3 CCNAA, as the designated representative of AIT in the IPIRG,
will have access to all experimental data generated by the
Degraded Piping Program and IPIRG under the USNRC Contract
Mo. NRC-04-86--106 with Battelle prior to and during the p-
eriod of this Agreement. This involves raw test data from
pipe fracture experiments, and material properties testing
as described in Appendix Il, or as amended. Battelle will
make its best effort to have the experimental data in the
mail within one month of the completion of the experiment.
2.4 CCNAA, as the designated representative of AIT in the IPIRG,
will have access to the results of anaalyses performed as p-
art of the Degraded Piping Program and IPIRG under the USNRC
Contract No. NRC--04-86-106 with Ba- ttelle prior to and du-
ring the period of this Agreement.
2.5 CCNAA, as the designated representative of AIT in the IPIRG,
will have access to new ductile piping fracture mechanics s-
olutions developed as part of the Degraded Piping Program a-
nd IPIRG under the USNRC Contract No.
MRC-04--86--106 with Battelle prior to and during the period
of this Agreement.
As solutions are developed they will be provided to CCNAA.
2.6 CCNAA, as the designated representative of AIT in the IPIRG,
shall have access to the NRC Computerized Piping Material P-
roperties Data Base system once it is operational and has b-
een verified for correctness. Specific data developed for t-
he system will be made available as they are developed.
CCNAA shall also have access to the other USNRC funded prog-
rams as described in Appendix II and consistent with Article
1.4.
2.7 CCNAA, as the designated representative of AIT in the IPIRG,
may send representatives to visit Battelle test facilities
and, on a case by case basis, may assign a mutually agreed
upon technical specialist for participation in the performa-
nce and analysis of the IPIRG experiments conducted under t-
he USNRC Contract No. NRC-04-86-106 with Battelle subject to
approval by the USNRC and Battelle concerning the terms upon
which such visits or assignments shall be made.
2.8 AIT agrees that CCNAA, as the designated representative of
AIT in the IPIRG, will provide Battelle, USNRC, and other p-
arties contributing to the funding of the IPIRG program acc-
ess to all results obtained from the participant's analyses
of information and experimentation developed as part of the
IPIRG program.
2.9 Funds contributed by AIT will be used to perform tests and
analyses under the IPIRG program's Statement of Work as des-
cribed in Appendix I.
2.10 AIT agrees that CCNAA, as the designated representavtive of
AIT in the IPIRG, will bear the total costs of transportat-
ion, living expenses and any other costs arising from its
participation under this Agreement.
2.11 Parties not participating in the IPIRG program, outlined in
Appendix I, may wish to propose the performance of research
tasks. Such research may be performed only with the concur-
rence of USNRC and the Technical Advisory Group, and all i-
nformation derived from such activities will be made avail-
able to the IPIRG membership.
ARTICELE 3
ESTIMATED PROJECT COSTS, SCHEDULE AND PAYMENT
3.1 It is understood that work on the IPIRG program, as present-
ly contemplated , will continue for a period of at least th-
ree (3) years. USNRC will contribute $500,000 U.S. annually
over that three year period, contingent upon the availabili-
ty of appropriated funds.
3.2 AIT, as a contribution for participation in the IPPRG progr-
am, agrees to pay USNRC the amount of $100,000 U.S. annually
for the period of this Agreement. The initial payment is to
be made within thirty days of the final signing of this Agr-
eement and subsequent payments within thirty days of the an-
niversary date of this Agreement for each of the remaining
years under this Agreement.
3.3 Battelle has agreed with USNRC that all work will be conduc-
ted on a costreimbursement, best-efforts basis within the t-
ime and funds provided. AIT shall not be obligated to reimb-
urse USNRC for costs incurred in excess of their required c-
ontribution as set forth in Article 3.2.
3.4 The USNRC agrees that Battelle's costs shall be determined
on the basis of their normal accounting procedures and prac-
tices and shall be in accordance with (1) applicable Federal
Acquisition Regula- tion cost principles, and (2) any speci-
fic contractual agreements.
3.5 If AIT's support of IPIRG is conditioned upon annual commit-
ments of funds, then AIT shall notify USNRC immediately of
any changes in funding for succeeding years.
3.6 Additional members may be included in the IPIRG during the
period of this Agreement under similar terms and conditions.
Any new participant will be expected to pay the same amount
paid by other participants for information developed in the
IPIRG program prior to the new participants joining the pro-
gram.
ARTICLE 4
PROGRAM MANAGEMENT
4.1 The USNRC shall appoint a representative who shall have the
authority and be solely responsible for approving, scheduli-
ng, and managing the work to be performed under the IPIRG p-
rogram that is conducted under the USNRC Contract No. NRC-04
-86-106 with Battelle and for supervising its execution. The
name of the appointed representative shall be furnished to
AIT and may be changed by the USNRC spfrom time to time.
4.2 The USNRC shall have the authority and responsibility for d-
etermining the most beneficial scope and location of work to
be performed using funds contributed by IPIRG members. In d-
ischarging this responsibility, the USNRC shall consider the
broad program direction provided by the Technical Advisory
Group as described in Article 4.3.
4.3 The IPIRG membership shall consist of each participant that
contributes $200,000 U.S. annually in accordance with Artic-
le 3.2. Under certain circumstances, however, a membership
may consist of a contribution of $100.000 U.S. annually. A
membership can consist of a group of organizations within a
single country. However, those organizations shall designate
a Single organization or representative that shall be contr-
actually connected to the IPIRG program.
4.3.1 The IPIRG members shall establist a Technical Advisory Gr-
oup composed of one representative from each member. The
representative may be assisted by consultants of the orga-
nizations he represents. The Technical Advisory Group sha-
ll meet semiannually and be responsible for reviewing exp-
erimental results and planned work. The location of these
meetings shall include the United States, Europe and Japa-
n. Participants' contributions to total IPIRG program fun-
ding will be considered in determining the number of meet-
ings to be held at a particular location. The Technical A-
dvisory Group shall be chaired by the USNRC representative
. There is only one vote for each $200,000 U.S. annual me-
mbership contribution. CCNAA, as the designated represent-
ative of AIT in the Technical Advisory Group, shall have
onehalf of a vote in accordance with AIT's $100,000 U.S.
annual membership contribution. Broad program direction f-
or IPIRG program research shall be formulated by a majori-
ty vote of the member representatives in the Technical Ad-
visory Group, provided that such program direction is con-
sistent with the USNRC's research objectives as stated in
USNRC Contract No. NRC-04-86-106.
4.4 Subject to programmatic guidance by the USNRC under 4.1 abo-
ve, the detailed implementation of the program as currently
described in Appendix I shall be under Battelle management.
The program manager appointed by Battelle shall be approved
by the USNRC.
ARTICLE 5
EXCHANGE AND USE OF INFORMATION
5.1 Dissemination of information developed, provided or exchang-
ed under this Agreement shall be in accordance with Article
2.4 and 2.5 hereto, subject to the need to protect propriet-
ary information as defined in Article 5.2 below , and subje-
ct to the provisions of Article 7, PATENTS.
5.2 As used in this Agreement, the following definitions apply
:
(i) The term "information" means scientific or techincal da-
ta, results or methods of research and development, and
any other information intended to be provided or exchan-
ged under this Agreement.
(ii) The term "proprietyary information" means information
developed outside this Agreement which contains trade
secrets or other privileged or confidential commercial
information, and may only include information which :
(a) has been held in confidence by its owner; and
(b) is Of a type which is customarily held in confiden-
ce by its owner; and
(c) has not been transmitted by the owner to other ent-
ities (including the receiving party) except on the
basis that it be held in confidence ; and
(d) is not otherwise available to the receiving party
from another source without restriction on its fur-
ther dissemination ; and
(e) is not already in the possession of the receiving
party.
5.3 If CCNAA, as the designated representative of AIT in the IP-
IRG, has access to proprietary informtion which would be us-
eful to the activities under this Agreement, such informati-
on may be communicated to AIT, USNRC and Battelie, but shall
not be accepted for the IPIRG program except as agreed in w-
riting betwween AIT, Battelle, USNRC and CCNAA.
5.4 The party receiving proprietary information pursuant to this
Agreement shall respect the privileged nature thereof, prov-
ided such proprietary information is clearly marked with the
appropriate legend of the transmitting party and with the f-
ollowing (or substantially similar) restrictive legend :
"This document contains proprietary information furnished in
confidence under the United States Nuclear Regulatory Commi-
ssion IPIRG Program and shall not be disseminated outside t-
he AIT, USNRC, Battelle and the Participants in the IPIRG P-
rogram without the prior approval of the owner. 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 restrict-
ion. "
5.5 In regard to the dissemination and use of proprietary infor-
mation received in confidence under this Agreement, the par-
ties agree that :
(i) Such information may be disseminated by the receiving p-
arty to persons within the receiving party ; and to :
(a) concerned authorities in the territory represented
by the receiving party :
(b) prime or subcontractors or consultants of the recei-
ving party located within the geographical limits of
the receiving party's territory;
for use only within the framework of their contracts of
licenses with the receiv- ing party in work relating to
the IPIRG program, and providedthat any proprietary inf-
ormation so disseminated shall be pursuant to an agreem-
ent of confidentiality any shall be marked with a restr-
ictive legend substantially similar to that appearing in
Article 5.4 above.
(ii) With the prior written consent of the party providing
proprietary information under this Agreement, the rece-
iving party may disseminate such proprietary informati-
on more widely than otherwise permitted in the foregoi-
ng Article 5.5 (i).
The parties shall cooperate with each other in develop-
ing procedures for requesting and obtaining approval f-
or such wider dissemination and each party will grant
such approval to the extent permitted by its policies,
regulations, and laws.
5.6 Each party shall exercise its best efforts to ensure that p-
roprietary information received by it under this Agreement
is controlled as provided herein. If one of the parties bec-
omes aware that it will be , or may reasonably be expected
to become, unable to meet the nondissemination provisions of
this Article, it shall immediately inform the other party.
The parties shall thereafter consult to define an appropria-
te course of action.
5.7 Nondocumentary proprietary information provided in seminars
and other meetings organized under this Agreement, or infor-
mation arising from the assignments of staff, use of facili-
ties or joint projects shall be treated by the parties in a-
ccordance with the principles specified in this Article, pr-
ovided, however, that the party communicating such propriet-
ary information places the recipient on notice as to the ch-
aracter of the information communicated.
5.8 Nothing contained in this Agreement shall preclude the use
or dissemination of information received by a party from so-
urces outside of this Agreement.
5.9 Information given by one party to the other under this Agre-
ement shall be accurate to the best knowledge and belief of
the party giving it, but neither party gives any warranty as
to the accuracy of such information or shall have any respo-
nsibility for the consequences of any use to which such inf-
ormation may be put by the othre party or by any third party
.
ARTICLE 6
DISPUTES
Any dispute between Battelle, the USNRC, or the participant con-
cerning the application or interpretation of this Agreement that
is not settled through consultation shall be submitted to the D-
irector, Office of Nuclear Regulatory Research, USNRC for deter-
mination. This provision does not preclude a party from institu-
ting proceedings in a court of competent jurisdiction if the pa-
rty determines that the Director, Office of Nuclear Regulatory
Research's decision is arbitrary and capricious.
ARTICLE 7
PATENTS
7.1 With respect to inventions or discoveries conceived or fist
actually reduced to parctice in the implementation of this
Agreement:
7.1.1 If conceived or fist actually reduced to practice by pers-
onnel of a party (the Assigning Party) or its contractors
while assigned to the other party (the Recipient Party) or
its contractors in connection with the implementation of
the IPIRG program :
7.1.1.1 The Recipient Party shall acquire all right, title and
interest in and to such invention or discovery, and any
patent application or patent that may result, in its own
territory and in third countries; and
7.1.1.2 The Assigning Party shall acquire all right, title and
interest in and to scuh invention, discovery, patent ap-
plication or patent in its own territory.
7.1.2 If conceived by or first actually reduced to practice by a
party or its contractors as a direct result of employing
information which has been communicated to it under this
Agreement by another party or parties and their contracto-
rs collaborating in the IPIRG program :
7.1.2.1 The party so conceiving or first actually reducing to p-
ractice such invention or discovery shall acquire all r-
ight, title and interest in and to such invention or di-
scovery, and any patent application or patent that may
result, in its own territory and in third countries;
7.1.2.2 The other party or parties from whom the information was
communicated shall acquire all right, title and interest
in and to such invention, discovery, patent application
or patent in their own territories.
7.1.3 Notwithstanding the allocation of rights covered under pa-
ragraphs 7.1.1 and 7.1.2, in any case where one party fir-
st actually reduces to practice after the execution of th-
is Agreement an invention, either conceived by he other p-
arty prior to the execution of this Agreement or conceived
by the other party outside of the cooperative activities
implementing this Agreement, then the parties shall provi-
de for an appropriate distribution of rights, taking into
account existing laws and commitments with third parties;
provided, however, that each party shall determine the ri-
ghts to scuh invention in its own territory.
7.1.4 It is further agreed that the party acquiring all right,
title and interest in and to such invention or discovery
under this article in its own territory and third countri-
es, shall grant to any other signatory party participating
in the IPIRG program, upon its request, an irrevocable non
-exclusive, royalty-free license to practice such inventi-
on or discovery in its own territory and on facilities and
components of its manufacture that are located in other c-
ountries for use in the production or utilization of spec-
ial nuclear material or atomic energy. Each participant r-
eceiving such a license may also have, upon request, the
right to grant nonexclusive sublicenses to practice such
invention or discovery in participant's own territory and
on facilities and components of any sublicensee's manufac-
ture that are located in ohter countries for use in the p-
roduction or utilization of special nuclear material or a-
tomic energy.
7.2 With respect to any invention or discovery conceived or fir-
st actually reduced to practice by personnel of the U.S. Go-
vernment, Battelle, or their contractors in the course of or
under the implementation of the IPIRG progrun, the USNRC sh-
all acquire all right, title and interest in and to such in-
vention or discovery, and any patent application or patent
that may result therefrom in all countries, subject to the
granting to each participant in th IPIRG program, upon its
request, an irrevocable, nonexclusive, royalty-free license
to practice such invention or discovery in its own territory
and on facilities and components of its manufacture that are
located in other countries for use in the production or uti-
lization of special nuclear material or atomic energy. Each
participant receiving such a license may also have, upon re-
quest, the right to grant nonexclusive sublicensee to pract-
ice such invention or discovery in participant's own territ-
ory and on facilities and components of any sublicensee's m-
anufacture that are located in other countries for use in t-
he production or utilization of special nuclear material or
atomic energy.
7.3 The party owning a patent covering any invention referred to
in paragraphs 7.1 and 7.2 above shall license the patent to
nationals or licensees of the other party. upon request of
the other party, on nondiscriminatory terms and conditions
under similar circumstances. At the time of such a request,
the other party will be informed of all licenses already gr-
anted under such patent.
7.4 Each party shall take all necessary steps to provide the co-
operation from its inventors required to carry out the prov-
isions of this Article. Each party shall assume the respons-
ibility to pay awards or compensation required to be paid to
its employees according to its laws.
ARTICLE 8
RESPONSIBILITY
In view of the research and developmental nature of the work he-
reunder, Battelle's responsibility shall be limited to applying
its best efforts in the performance of such work by competent s-
taff within the limits of time and funds set forth above. Accor-
dingly, it is agreed that :
(a) BATTELLE PROVIDES NO WARRANTY OR GUARANTEE WHATSOEVER INCLU-
DING WARRANTIES OF FITNESS FOR PURPOSE OR OF MERCHANTABILITY
for any item or research result, including any resulting in-
ventions, which may be delivered under this Agreement.
(b) Neither AIT, its representative CCNAA, nor Battelle, nor the
USNRC, nor any other party collaborating in the IPIRG progr-
am:
Makes any warranty, expressed or implied, or assumes any li-
ability with respect to the accuracy, completeness or usefu-
lness of the information which results from the implementat-
iion of the study :
Assumes any liability with respect to the use of any inform-
ation, instruction, design, apparatus, methods or process d-
isclosed or applied in the implementation of the project.
ARTICLE 9
TERMINATION
AIT may withdraw from the present Agreement after providing USN-
RC written notice of withdrawal at least six months prior to the
anniversary date of the Agreement.
ARTICLE 10
MODIFICATION
AND INTEGRATION
No modification to this Agreement shall be valid unless written
and signed by and authorized representative of AIT and the USNRC
. This Agreement contains the entire understanding between the
parties and there are no understandings not set forth or incorp-
orated by reference herein.
ENTRY INTO FORCE
This Agreement shall enter into force upon signature by both pa-
rties, and shall remain in force so long as the USNRC IPIRG pro-
gram continues or until terminated.
U.S. NUCLEAR
REGULATORY COMMISSION
BY : [Signed]
Victor stello, Jr.
Executive Director
for Operations
DATE : March 23, 1987
PLACE : Bethesda, MD, USA
AMERICAN INSTITUTE
IN TAIWAN
BY : [Signed]
TITLE: David N.Laux
Chairman of the Board
and Managing Director
DATE : April 23, 1987
PLACE : Arlington, VA, USA