WHEREAS subject to the availability of personnel, material, and
appropriated funds, the U.S. Nuclear Regulatory Commission (her-
einafter referred to as ”USNRC”), operating as the designated
representative of the American Institute in Taiwan (hereinafter
referred to as ”AIT”, is carrying out programs of research in-
to the effects of severe accidents on nuclear power reactors;
WHEREAS the Coordination Council for North American Affairs (he-
reinafter referred to as ”CCNAA”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 individ-
uals to these programs;
Considering that the CCNAA and the AIT, hereinafter referred to
as the Parties:
1.Have a mutual interest in cooperation in the field of severe
accident safety research with the objective of improving and
thus ensuring the safety of civilian nuclear installations on
an international basis;
2.Recognize a need to equitably share both the resources result-
ing from this research and the effort required to develop tho-
se resources;
3.Have cooperated in this program in the past under an Agreement
between CCNAA and AIT which expired on December 31, 1996.
They have therefore AGREED as follows:
ARTICLE I: PROGRAM COOPERATION
The Parties, in accordance with the provisions of this Agreement
and subject to applicable laws and regulations in force in their
respective territories, will join together in cooperative resea-
rch for the severe accident research program sponsored by the A-
IT and for similar research programs sponsored by the CCNAA.
ARTICLE II-FORMS OF COOPERATION
Cooperation between the Parties may take the following forms:
A.Exchange of information in the form of technical reports, exp-
erimental data, correspondence, newsletters, visits, joint me-
etings, and such other means as the Parties agree.
B.Temporary assignment of personnel of one Party or of its cont-
ractors to the laboratory or facilities owned by the other Pa-
rty or in which it sponsors research; each assignment shall be
considered on a case-by-case basis.
C.Execution of joint programs and projects, including those inv-
olving a division of activities between the Parties; each joi-
nt program and project shall be considered on a case-by-case
basis.
D.Use by one Party of facilities that are owned by the other Pa-
rty or in which research is being sponsored by the other Party
; such use of facilities may be subject to commercial terms a-
nd conditions.
E.If either Party wishes to visit, assign personnel, or use the
facilities owned or operated by entities other than the Parti-
es to this Agreement, the Parties recognize that prior approv-
al of such entities will in general be required regarding ter-
ms upon which such visit, assignment, or use shall be made.
F.Any other form agreed between the Parties.
ARTICLE III-SCOPE OF AGREEMENT
A.AIT Scope of Responsibility
Subject to the availability of appropriated funds, the AIT sh-
all provide over the duration of this Agreement the following
specified goods and services related to the USNRC severe acci-
dent safety research program specified in Appendix A.
Within the above guidelines and subject to CCNAA financial co-
ntributions as indicated in Article VI, the AIT through the U-
SNRC will provide the CCNAA with the following:
-Copies of all pertinent technical program documents such as
quick-look reports, technical memoranda and notes, and labor-
atory reports as soon as they have received appropriate mana-
gement review by USNRC acting on behalf of AIT.
-On request, make available to the CCNAA the above computer c-
odes and related documentation developed under this program
and accomodate reasonable requests for assistance in the ins-
tallation of these codes in CCNAA computation system includi-
ng consultation on resolving problems encountered by CCNAA s-
ponsored personnel using these codes.
-Permit personnel sponsored by the CCNAA to participate in te-
chnical review meetings and technical progress meetings exce-
pt for those meetings primarily concerned with administrative
and fiscal matters;
-Facilitate visits by personnel sponsored by the CCNAA to sit-
es at which work relevant to the objective is being carried
out;
-Permit the assignment of personnel sponsored by the CCNAA to
visit or work in the AIT's program on severe accident resear-
ch and to have full and ready access to relevant documentati-
on, codes and results as described above.
-Permit the invited AIT experts to visit the CCNAA to make pr-
esentations on specific topics and/or review of on-going work
in the area of severe accident research.
B.CCNAA Scope of Responsibility
Subject to the availability of appropriated funds, the CCNAA
shall provide, over the duration of this Agreement, the follo-
wing specified goods and services related to the nuclear reac-
tor safety research areas specified in this Agreement.
1.Severe Accident Research Program
The CCNAA will participate in the AIT's severe accident pro-
gram and future related programs in this area of nuclear sa-
fety research. The CCNAA will be considered a full partner
in this international program upon making financial contrib-
utions as indicated in Article VI.
Assessments will be done by the CCNAA or its contractors in
applications of severe accident codes received from the AIT
under the scope of this Agreement. The assessments will con-
sist of applications done on experimental facilities at whi-
ch the CCNAA has access to and/or Taiwan nuclear power plan-
ts.
To the extent possible, the CCNAA will provide the AIT with
the results of the collaboration resulting from CCNAA severe
accident research corresponding to technical areas under the
scope of this Agreement.
ARTICLE IV - ADMINISTRATION OF THE AGREEMENT
A.The AIT and the CCNAA will each designate one representative
to coordinate and determine the detailed implementation of th-
is Agreement. These representatives may, at their discretion,
delegate this responsibility to the appropriate technical sta-
ff with respect to a given issue. The single designated repre-
sentative will be referred to as an Administrator of this Agr-
eement.
B.The Agreement states restrictions concerning dissemination of
proprietary, confidential, or privileged information. Other i-
nformation that may be restricted includes matters related to
organization, budget, personnel, or management.
C.The AIT and the CCNAA will endeavor to select technical perso-
nnel for assignment to these cooperative programs who can con-
tribute positively to the programs. AIT designated personnel
and CCNAA designated technical personnel assigned for extended
periods will be considered visiting scientists (nonsalaried)
within the programs in this Agreement and will be expected to
participate in the conduct of the analysis and/or experiments
as necessary.
D.Each Party to this Agreement will have access to all reports
written by its partner's technical personnel assigned to the
respective programs that derive from its participation in tho-
se programs.
E.Travel costs, living expenses, and salaries will be borne by
the Parties who incurred them unless specified otherwise.
ARTICLE V-EXCHANGE AND USE OF INFORMATION AND INTELLECTUAL PRO-
PERTY
A.General
The Parties support the widest possible dissemination of info-
rmation provided or exchanged under this Agreement, subject b-
oth 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 Agreement.
B.Definitions (As used in this Agreement)
1.The term ”information”means nuclear energy-related regula-
tory, 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 Agreement.
2.The term ”proprietary information”means information creat-
ed or made available under this Agreement which contains tr-
ade 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 incl-
ude information which:
a.has been held in confidence by its owner;
b.is of a type which is customarily held in confidence by i-
ts 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 an-
other source without restriction on its further dissemina-
tion; and
e.is not already in the possession of the receiving Party.
3.The term ”other confidential or privileged information”me-
ans information, other than ”proprietary information,”whi-
ch is protected from public disclosure under the laws and r-
egulations of the jurisdiction of the Party providing the i-
nformation and which has been transmitted and received in c-
onfidence.
C.Marking Procedures for Documentary Proprietary Information
A Party receiving documentary proprietary information pursuant
to this 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 Agreement dated—between the American Ins-
titute in Taiwan and the Coordination Council for North Ameri-
can Affairs and shall not be disseminated outside these organ-
izations, their designated representatives, consultants, cont-
ractors, and licensees, and concerned departments and agencies
of the authorities in the territory represented by AIT and co-
ncerned authorities in the territory represented by CCNAA wit-
hout 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 P-
arty 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
Agreement without the consent of the transmitting Party.
D.Dissemination of Documentary Proprietary Information
1.In general, proprietary information received under this Agr-
eement may be freely disseminated by the receiving Party wi-
thout prior consent to persons within or employed by the re-
ceiving Party, and to concerned authorities in the territory
represented by the receiving Party.
2.In addition, proprietary information may be disseminated wi-
thout prior consent:
a.to prime or subcontractors or consultants of the receiving
Party located within the geographical limits of that Party
's territory for use only within the scope of work of the-
ir contracts with the receiving Party in work relating to
the subject matter of the proprietary information;
b.to domestic organizations permitted or licensed by the re-
ceiving Party to construct or operate nuclear production
or utilization facilities, or to use nuclear materials and
radiation sources, provided that such proprietary informa-
tion is used only within the terms of the permit or licen-
se; and
c.to domestic contractors of organizations identified in D.2
.b., above, for use only in work within the scope of the
permit or license granted to such organizations;
Provided that any dissemination of proprietary information
under D.2.a., b., and c., above, shall be on an as-needed,
case-by-case basis, shall be pursuant to an agreement of co-
nfidentiality, and shall be marked with a restrictive legend
substantially similar to that appearing in C. above.
3.With the prior written consent of the Party furnishing prop-
rietary information under this Agreement, the receiving Par-
ty may disseminate such proprietary information more widely
than otherwise permitted in subsections 1. and 2. The Parti-
es shall cooperate in developing procedures for requesting
and obtaining approval for such wider dissemination, and ea-
ch Party will grant such approval to the extent permitted by
its policies, regulations, and laws.
E.Marking Procedures for Other Confidential or Privileged Infor-
mation of a Documentary Nature
A Party receiving under this 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 authorities of the transmitting Party or where transmit-
ted by CCNAA, in the territory represented by CCNAA; 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 dissemina-
ted in the same manner as that set forth in paragraph D., Dis-
semination of Documentary Proprietary Information.
G.Non-Documentary Proprietary or Other Confidential or Privileg-
ed Information
Non-documentary proprietary or other confidential or privileg-
ed information provided in seminars and other meetings arrang-
ed under this Agreement, or information arising from the atta-
chments of staff, use of facilities, or joint projects, shall
be treated by the Parties according to the principles specifi-
ed for documentary information in this Agreement; provided, h-
owever, that the Party communicating such proprietary or other
confidential or privileged information has placed the recipie-
nt on notice as to the character of the information communica-
ted.
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 m-
eet the nondissemination provisions of this Agreement, it sha-
ll immediately inform the other Party. The Parties shall ther-
eafter consult to define an appropriate course of action.
I.Other
Nothing contained in this Agreement shall preclude a Party fr-
om using or disseminating information received without restri-
ction by a Party from sources outside of this Agreement.
ARTICLE VI - FINANCIAL CONSIDERATIONS
In addition to the technical contributions indicated under Arti-
cle III.B., and through the auspices of AIT, the CCNAA will con-
tribute financially to the USNRC programs described in this Agr-
eement. Specifically, the CCNAA will contribute $150,000 USD per
year for three years to the Cooperative Severe Accident Research
Program. The first payment is to be made upon signature, and the
following two payments are to be made on or before the last day
of February in 1998, and 1999.
ARTICLE VII - DISPUTES AND WARRANTY OF INFORMATION
A.All costs arising from implementation of this Agreement shall
be borne by the Party that incurs them except when specifical-
ly agreed to otherwise by both Parties.
B.Cooperation under this Agreement shall be in accordance with
the laws and regulations applicable to the respective Parties.
Any dispute or questions, other than those related to intelle-
ctual property, between the Parties concerning the interpreta-
tion or application of this Agreement arising during its term
shall be settled by mutual agreement of the Parties.
C.Information furnished by one Party to the other under this Ag-
reement shall be accurate to the best knowledge and belief of
the Party supplying the information. However, neither Party g-
ives any warranty as to the accuracy of such information or s-
hall have any responsibility for the consequences of any use
to which such information may be put by the other Party or by
any third Party.
ARTICLE VIII - FINAL PROVISIONS
A.This Agreement shall enter into force, retroactively from Jan-
uary 1, 1997, and shall remain in force for a period of three
years. All information protected by provisions of this Agreem-
ent as proprietary, confidential, privileged, or otherwise su-
bject to restriction on disclosure shall remain so protected
indefinitely, unless mutually agreed to in writing.
B.Either Party may withdraw from the present Agreement after pr-
oviding the other Party written notice at least 180 days prior
to its intended date of withdrawal. The Party not withdrawing
shall reserve the right to determine if the withdrawal will r-
esult in the other Party receiving a disproportionate share of
the expected benefit from this Agreement. If so, both Parties
will endeavor to reach an equitable settlement of the matter
through negotiation.
C.All costs arising from implementation of this Agreement shall
be borne by the Party that incurs them except when specifical-
ly agreed to otherwise by both Parties.
D.The Parties to this Agreement reserve the right to modify or
extend the specific activities described in Article III within
the intended scope of the Agreement upon written concurrence
of its Administrators.
E.The AIT and the CCNAA recognize the benefits of international
cooperation and will endeavor to obtain a mutually agreeable
continuation of this Agreement before its expiration.
F.All computer codes disseminated under this Agreement are to be
considered privileged information unless otherwise noted. The-
se codes, in particular, are subject to all of the provisions
of Article 5 with the exception that they need not be marked
with the restrictive designation. The codes are subject to th-
is protection in both object and source forms and as recorded
in any media.
The computer codes and other related analytical techniques di-
sseminated under this Agreement are for the purpose of reactor
and plant systems research and licensing and shall not be used
for commercial purposes, or for other benefits not related to
the study of reactor safety without the prior consent of the
party that provides them.
The computer codes and other related analytical techniques di-
sseminated under this Agreement shall not be advertised, with-
out the prior consent of the providing party, directly or by
implication to obtain contacts related to the construction or
servicing of nuclear facilities, nor shall advertising imply
that the parties have endorsed any particular analyses or tec-
hniques.
In witness whereof, the Parties have hereto executed this Agree-
ment.
FOR THE TAIPEI ECONOMIC AND CULTURAL REPRESENTATIVE OFFICE IN T-
HE UNITED STATES(FORMERLY KNOWN AS THE COORDINATION COUNCIL FOR
NORTH AMERICAN AFFAIRS)
BY: [Signed]
TITLE: Deputy Representative
DATE: June 30, 1997
PLACE: Washington D.C.
FOR THE AMERICAN INSTITUTE IN TAIWAN
BY: [Signed]
TITLE: Managing Director ad interim
DATE: June 26, 1997
PLACE: Arlington, Virginia
APPENDIX A
CORE MELT PROGRESSION
Post-test examination and analysis of ex-reactor experiments on
metallic melt relocation
Core melt progression modeling for SCDAP/RELAP5
REACTOR PRESSURE VESSEL (RPV) INTEGRITY
Experimental research on in-vessel core debris coolability
Experiments and analysis on RPV lower head failure
Ex-vessel cooling experiments and analysis
FUEL-COOLANT INTERACTIONS
Molten core-coolant interaction experiments in the ZREX Facility
(ANL)
Molten core-coolant experiments at U. of Wisconsin
Molten core-coolant interaction analyses
Fuel coolant interaction code development and maintenance.
HYDROGEN BEHAVIOR
Hydrogen behavior program in containment; transport and combust-
ion;
experimental and analytical, including large scale combustion e-
xperiments
Hydrogen recombiner (PAR) testing at SURTSEY
INTEGRATION CODES AND APPLICATIONS
MELCOR accident analysis code development and maintenance
CONTAIN containment code development and maintenance
SCDAP/RELAP code development and maintenance
Finite difference (3D) containment code development
Detailed plant analysis (e.g., steam generator tube integrity r-
elated analyses)
FISSION PRODUCT BEHAVIOR
VICTORIA code development and maintenance
Detailed plant analyses for fission product transport (e.g., by-
pass sequence, steam generator tube rupture sequence)
VICTORIA peer review
DIRECT CONTAINMENT HEATING
DCH experiments in the SURTSEY facility for CE type geometry
DCH analysis and issue resolution for Westinghouse (including i-
ce condenser plants) reactors
DCH analysis and issue resolution for B&W and CE reactors
INTELLECTUAL PROPERTY ADDENDUM
Pursuant to Article V of this Agreement:
The Parties shall ensure adequate and effective protection of i-
ntellectual property created or furnished under this Agreement
and relevant implementing arrangements. The Parties agree to no-
tify one another in a timely fashion of any inventions or copyr-
ighted works arising under this Agreement and to seek protection
for such intellectual property in a timely fashion. Rights to s-
uch intellectual property shall be allocated as provided In this
Addendum.
I.SCOPE
A.This Addendum is applicable to all cooperative activities u-
ndertaken pursuant to this Agreement, except as otherwise s-
pecifically agreed by the Parties or their designees.
B.For purposes of this Agreement, ”intellectual property”sh-
all have the meaning found in Article 2 of the Convention E-
stablishing the World Intellectual Property Organization, d-
one at Stockholm, July 14, 1967: viz., ”intellectual prope-
rty”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 design-
ations,
-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 prop-
erty 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 oth-
erwise alter or prejudice the allocation between
-AIT and nationals of the territory represented by AIT which
shall be determined by the laws of that territory or
-CCNAA and nationals of the territory represented by CCNAA
which shall be determined by laws and practices applicable
in that territory.
D.Disputes concerning intellectual property arising under this
Agreement should be resolved through discussions between the
concerned participating institutions or, if necessary, the
Parties or their designees. Upon mutual agreement of the Pa-
rties, a dispute shall be submitted to an arbitral tribunal
for binding arbitration in accordance with the applicable r-
ules of international law. Unless the Parties or their desi-
gnees agree otherwise in writing, the arbitration rules of
the United Nations Commission on International Trade Law (U-
NCITRAL) shall govern.
E.Termination or expiration of this 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, repro-
duce, and publicly distribute scientific and technical jour-
nal articles, reports, and books directly arising from coop-
eration under this Agreement. All publicly distributed copi-
es of copyrighted work prepared under this provision shall
indicate the names of the authors of the work unless an aut-
hor explicitly declines to be named.
B.Rights to all forms of intellectual property, other than th-
ose rights described in Section II(A) above, shall be alloc-
ated as fol1ows:
1.Visiting researchers, for example, scientists visiting pr-
imarily in furtherance of their education, shall receive
intellectual property rights under the policies of the ho-
st institution. In addition, each visiting researcher nam-
ed as an inventor shall be entitled to share in a portion
of any royalties earned by the host institution from the
licensing of such intellectual property.
2.
(a) For intellectual property created during joint research,
for example, when the Parties, participating institutio-
ns, or participating personnel have agreed in advance on
the scope of work, each Party shall be entitled to obta-
in all rights and interests in its own territory. The P-
arty in whose territory the invention was made shall ha-
ve first option to acquire all rights and interests in
third countries. If research is not designated as ”joi-
nt research,”rights to intellectual property arisin g
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 share in a portion of any
royalties earned by either institution from the licensi-
ng of the property.
(b) Notwithstanding paragraph II.B.2.(a), if a type of inte-
llectual property is available under the laws of one Pa-
rty but not the other Party, the Party whose laws provi-
de for this type of protection shall be entitled to all
rights and interests worldwide. Persons named as invent-
ors of the property shall nonetheless be entitled to ro-
yalties as provided in paragraph II.B.2.(a).