WHEREAS the Taipei Economic and Cultural Representative Office
in the United States (hereinafter referred to as "TECRO"), and
its designated representative the Atomic Energy Council of
Taiwan, has an interest in access to information which has been
developed and continues to arise from these programs and wishes
to collaborate with AIT by exchanges of reports and data and by
sponsoring the assignment of individuals to these programs;

WHEREAS subject to the availability of personnel, material, and
appropriated funds, the American Institute in Taiwan
(hereinafter referred to as “ AIT ” ), through its designated
representative, U.S. Nuclear Regulatory Commission (hereinafter
referred to as “ USNRC ” ), is carrying out research programs
on thermal-hydraulic code applications and maintenance;

Considering that TECRO and AIT, hereinafter referred to as the
Parties,

1. Have a mutual interest in cooperation in the field of reactor
and plant systems research with the objective of improving
and helping ensure the safety of reactors internationally;
2. Recognize a need to equitably share both the resources
resulting from this research and the effort required to
develop those resources;
3. Have cooperated, since June 30, 1994, in the
thermal-hydraulic code applications and maintenance program
(i.e., CAMP) under an agreement between AIT and TECRO, last
renewed on December 13, 2004 for an additional five year
period through December 13, 2009, and have a mutual interest
in renewing this cooperation;
4. Recognize the Arrangement Between the Taipei Economic and
Cultural Representative Office in the United States and the
American Institute in Taiwan for the Exchange of Technical
Information and Cooperation in Nuclear Regulatory and Safety
Matters (the Arrangement), which was signed on January 4,
2011, for 5 years, and this cooperation is an implementation
thereof;

The Parties have AGREED, in this Implementing Agreement, as
follows:

ARTICLE I - PROGRAM COOPERATION
The Parties, in accordance with the provisions of this
Implementing Agreement and subject to applicable domestic laws
and regulations in force in their respective countries, will
join together for cooperative research in the area of thermal
hydraulic research for a period of five years. This Implementing
Agreement is not an international agreement and does not give
rise to international legal rights or obligations.

ARTICLE II - FORMS OF COOPERATION
Cooperation between the Parties may take the following forms:
A. Exchange of information in the form of technical reports,
experimental data, correspondence, newsletters, visits, joint
meetings, and such other means as the Parties or their
designated representatives agree.
B. Temporary assignment of personnel of the designated
representative of one Party or of the designated
representative ’ s contractors to the laboratory or
facilities owned by the designated representative of the
other Party or in which the designated representative of the
other Party sponsors research. Each assignment shall be
considered on a case-by-case basis and may be the subject of
a separate attachment-of-staff arrangement between the
Parties.
C. Execution of joint programs and projects, including those
involving a division of activities between designated
representatives of the Parties. Each joint program and
project will be considered on a case-by-case basis and may be
the subject of a separate agreement, if determined to be
necessary by either of the Parties to this Implementing
Agreement or their designated representatives. Otherwise, it
will be accomplished by the exchange of letters between the
designated representatives of the Parties, subject at least
to the terms and conditions of this present Implementing
Agreement.
D. Use by the designated representative of one Party of
facilities that are owned by, or in which research is being
sponsored by, the designated representative of the other
Party. Use of facilities may be subject to commercial terms
and conditions.
E. If either Party, or designated representative, 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 prior
approval by such entities will, in general, be required
regarding the terms upon which such visit, assignment, or use
shall be made.
F. Any other form agreed between the Parties.

ARTICLE III - SCOPE OF IMPLEMENTING AGREEMENT
A. Program Objectives:
1. Share experience on code errors and inadequacies and
cooperate in resolving the deficiencies and maintaining a
single, internationally recognized code version. Software
quality assurance procedures will be followed and code
configuration control will be maintained. Standard
programming language will be applied and code portability
will be maintained.
2. Share user experience on code scaling, applicability, and
uncertainty studies.
3. Share a well documented code assessment data base.
4. Share experience on full scale power plant safety-related
analyses performed using the code. These include analyses
of operating reactors, advanced light water reactors,
transients, risk-dominant sequences including the front-end
of severe accident sequences, and accident management and
operator procedures-related studies.
5. Maintain and improve user expertise and document user
guidelines for applying the code.
B. TECRO Scope of Responsibility
1. Cash contribution for Code Maintenance and Improvements. At
the time this Implementing Agreement is signed and on the
anniversary of that date each year thereafter, TECRO will
contribute US $35,000.00, through AIT, for continued
participation in the CAMP Program.
2. In-Kind Contribution. TECRO ’ s designated representative
shall submit to AIT ’ s designated representative two code
assessment reports per year or other work products of
equivalent value. The assessment reports shall contain
assessment information on the codes released through this
Implementing Agreement by AIT ’ s designated
representative. The content of assessment reports is
defined in NUREG-1271. AIT ’ s designated representative
will have the nonexclusive right to publish these
assessment reports containing nonproprietary information as
NUREG/IA reports with proper reference to the source of the
reports.
C. AIT Scope of Responsibility
Subject to the availability of appropriated funds, AIT ’ s
designated representative will provide over the duration of
this Implementing Agreement the following specified goods and
services:
1. Coordination and Program Management. CAMP will be
coordinated by AIT ’ s designated representative. Program
information will be documented and circulated via
newsletters and NUREG/IA documents. A Technical Program
Committee (TPC) comprised of individuals from the Parties
or their designated representatives will meet regularly to
report on code errors and modeling deficiencies, and
recommend and assign rankings to code correction and
improvement needs, including approaches to resolution.
Error corrections and model improvements will be made,
within the limits of available resources allocated for each
code, taking into account a priority list recommended by
TPC. TPC will also exchange information on applications and
assessment results. TPC meetings will be held twice per
year, once in the U.S. and once abroad.
2. Reactor Systems Simulation Codes. RELAP5 and TRACE will be
maintained. Code updates will be available in source form
on machine-readable media. Complete available documentation
will be maintained consisting of: code manuals, models and
correlations document, developmental assessment document,
user guidelines document, and independent assessment
documents. Code configuration control will be maintained to
provide an internationally recognized code version.
3. AIT ’ s designated representative will provide to TECRO ’
s designated representative the TRACE code, including the
Purdue Advanced Reactor Core Simulator (PARCS) code. AIT ’
s designated representative will also provide subsequent
updates of the code and associated documentation that are
released during the Implementing Agreement period.
4. AIT ’ s designated representative will provide to TECRO ’
s designated representative the RELAP5 code and associated
documentation. AIT ’ s designated representative will also
provide subsequent updates of the code and associated
documentation that are released during the Implementing
Agreement period.
5. Symbolic Nuclear Analysis Package (SNAP). SNAP is a
graphical user interface and provides a computational
environment currently with pre-processor capabilities that
assist the user in the development of RELAP5 and TRACE
input decks and in running the code. SNAP will be provided.
Subsequent updates of SNAP and associated documentation
that are released during the Implementing Agreement period
will also be provided.
D. Code Applications Analyses to be Exchanged by the Parties
1. Code Scaling, Applicability, and Uncertainty Evaluations.
An example of such studies was documented in NUREG/CR-5249.
2. Issue Resolution. Issues may arise requiring that
information be developed to determine whether a particular
problem exists. Examples include pressurized thermal shock,
interfacing systems LOCA, and long term cooling following a
LOCA. TECRO ’ s designated representative will assure that
any non-proprietary safety issue analyses performed using
the codes specified in Section B of Article III will be
exchanged.

ARTICLE IV - ADMINISTRATION OF THE IMPLEMENTING AGREEMENT
A. The designated representatives of AIT and TECRO will each
designate one individual to coordinate and determine the
detailed implementation of this Implementing Agreement. These
individuals may, at their discretion, delegate this
responsibility to the appropriate technical staff with
respect to a given issue. The designated individual will be
referred to as an Administrator of this Implementing
Agreement. Any notices required under this Implementing
Agreement will be addressed to the Administrators using the
most efficient communication method.
B. This Implementing Agreement sets forth in Article V
restrictions concerning dissemination of proprietary,
confidential, or privileged information. Other information
that may be restricted includes matters related to
organization, budget, personnel, or management.
C. The designated representatives of AIT and TECRO will endeavor
to select technical personnel for assignment to these
cooperative programs who can contribute positively to the
programs. The designated technical personnel assigned for
extended periods will be considered visiting scientists
(nonsalaried) within the programs in this Implementing
Agreement and will be expected to participate in the conduct
of the analysis and/or experiments as necessary.
D. Each Party to this Implementing Agreement will have access to
all nonproprietary reports written by the other Party ’ s
technical personnel assigned to the respective programs that
derive from its participation in this Implementing Agreement.
E. Administrative details concerning questions such as security,
indemnity, and liability related to the assignees or trainees
will be addressed in personnel assignment agreements between
the respective Parties and their designated representatives.
F. Travel costs, living expenses and salaries of visiting
technical personnel or personnel participating in program
review meetings shall be borne by the respective organization
that incurs them unless specified otherwise.

ARTICLE V - 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 to the need to protect proprietary and
other confidential or privileged information which is
protected from public disclosure under the laws and
regulations of the country of the Party providing the
information, or is otherwise restricted by the provider. The
exchange and use of information provisions contained in
Article III of the Arrangement (including the Annex:
Protection and Distribution of Intellectual Property Rights
and Other Rights of a Proprietary Nature which it references)
will govern this Implementing Agreement.
B. Other Considerations
1. Nothing contained in this Implementing Agreement will
preclude a Party from using or disseminating information
received without restriction by a Party from sources
outside of this Implementing Agreement.
2. All AIT designated representative ’ s computer codes
disseminated under this Implementing Agreement are to be
considered privileged information unless otherwise noted,
are protected as such by the designated representatives of
AIT, and shall be treated likewise by the designated
representatives of TECRO. They are, in particular, subject
to all the provisions of this Article 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.
3. AIT ’ s designated representative ’ s codes and other
related analytical techniques covered under this
Implementing Agreement and any improvements, modifications,
or updates to such codes or techniques, are for the purpose
of reactor and plant systems safety research and licensing
and will not be used for commercial purposes or for other
benefits not related to the study of reactor safety without
the prior consent of AIT and its designated representative.
4. 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 Parties
’ designated representatives, 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, analyses to support probabilistic risk
assessment success criteria, power uprates and reload, and
severe reactor accidents. Prohibited uses of the code
include (1) analyses to develop a new reactor design and
(2) analyses to support power uprates and reload in the
territory of the authorities represented by AIT unless
performed by a subsidiary of AIT ’ s designated
representative.
5. AIT ’ s designated representative ’ s codes and other
related analytical techniques will not be advertised
directly or by implication to obtain contracts related to
the construction or servicing of nuclear facilities, nor
will advertising imply that AIT ’ s designated
representative has endorsed any particular analyses or
techniques.
6. All reports published within the scope of this Implementing
Agreement and all meetings held will be in English.

ARTICLE VI - DISPUTES AND WARRANTY OF INFORMATION
A. All costs arising from implementation of this Implementing
Agreement will be borne by the designated representative of
the Party that incurs them except when specifically agreed to
otherwise by both Parties. It is understood that the ability
of the Parties and their designated representatives to carry
out their obligations is subject to the availability of
funds. It is also understood that the terms herein agreed to
represent feasible commitments according to the best
understanding regarding resources and costs of the Parties
and their designated representatives at the time of
signature.
B. AIT and its designated representative make no warranties,
whatsoever, for the ability or suitability of any code or
other analytical technique to perform in any particular
manner for any particular purpose or to accomplish any
particular task. AIT and its designated representative accept
no liability for damages of any type that may result from the
use of codes or other analytical techniques provided under
this Implementing Agreement.
C. Cooperation under this Implementing Agreement will be in
accordance with the laws and regulations applicable in the
respective territories represented by AIT and TECRO. Any
dispute or questions between the Parties concerning the
interpretation or application of this Implementing Agreement
arising during its term will be settled by mutual agreement
of the Parties
D. Information furnished by one Party to the other under this
Implementing Agreement will be accurate to the best knowledge
and belief of the Party supplying the information. However,
the application or use of any information exchanged or
transferred between the Parties under this Implementing
Agreement will be the responsibility of the Party receiving
the information, and the Transmitting Party does not warrant
the suitability of the information for any particular use or
application.

ARTICLE VII - FINAL PROVISIONS
A. This Implementing Agreement will enter into force upon
signature and shall remain in effect for a period of 5 years.
This Implementing Agreement may be extended for an additional
period of time, upon mutual agreement of the Parties.
B. The Parties enter into this Implementing Agreement with the
understanding that reasonable allowances for normal delays
will be made in completing the work. The Parties have the
right to utilize information provided under this Implementing
Agreement after the expiration date; however, all information
protected by provisions of this Implementing Agreement as
proprietary, confidential, privileged, or otherwise subject
to restriction on disclosure will remain so protected
indefinitely, unless mutually agreed to in writing.
C. A Party may terminate this Implementing Agreement after
providing the other Party written notice of its intent to
terminate 180 days in advance. The Party not terminating will
notify the terminating Party before the effective date of
termination if termination will result in the terminating
Party receiving a disproportionate share of the expected
benefit from this Implementing Agreement. Both Parties will
endeavor to reach an equitable settlement of the matter
through negotiation.
D. The Parties to this Implementing Agreement reserve the right
to modify or extend the specific activities described in
Article III within the intended scope of the Implementing
Agreement upon written concurrence of its Administrators.
E. If the portion of the research program of any Party that is
pertinent to this Implementing Agreement is substantially
reduced or eliminated, the technical scope described in
Article III may be revised to substitute research of
equivalent programmatic interest upon mutual agreement of the
Parties.

IN WITNESS WHEREOF, the Parties have signed the present
Implementing Agreement.


FOR THE TAIPEI ECONOMIC AND FOR THE AMERICAN INSTITUTE IN
CULTURAL REPRESENTATIVE OFFICE TAIWAN:
IN THE UNITED STATES:
TaTung Chang Barbara J. Schrage
Deputy Representative Managing Director
August 3, 2011 April 19, 2011
Washington D.C. Washington D.C.