January 23, 2002

MEMORANDUM TO: Ashok Thadani, Director

Office of Nuclear Regulatory Research

FROM: Farouk Eltawila, Director /RA/

Division of Systems Analysis and Regulatory Effectiveness

Office of Nuclear Regulatory Research

SUBJECT: MEMORANDUM OF UNDERSTANDING WITH FRAMATOME ANP

CONCERNING COOPERATIVE RESEARCH ON M5 CLADDING

We recommend that you sign the attached Memorandum of Understanding (MOU) with

Framatome ANP concerning cooperative research on M5 cladding. The work will be done at

Argonne National Laboratory and is similar to work currently being done there on Zircaloy-2 and

Zircaloy-4 in cooperation with EPRI. Following Brian Kildeeís suggestion, the EPRI MOU was

used as a pattern for this MOU. Subsequently, Don Hassell reviewed this MOU and requested

some specific changes that have been made. OGC has no objection. 

The attached draft was prepared by Framatome ANP and the accompanying transmittal letter

indicates their acceptance of the draft. Their signature should therefore be forthcoming and

work could begin in the very near future.

Attachment: As stated
January 23, 2002

MEMORANDUM TO: Ashok Thadani, Director

Office of Nuclear Regulatory Research

FROM: Farouk Eltawila, Director /RA/

Division of Systems Analysis and Regulatory Effectiveness

Office of Nuclear Regulatory Research

SUBJECT: MEMORANDUM OF UNDERSTANDING WITH FRAMATOME ANP

CONCERNING COOPERATIVE RESEARCH ON M5 CLADDING

We recommend that you sign the attached Memorandum of Understanding (MOU) with

Framatome ANP concerning cooperative research on M5 cladding. The work will be done at

Argonne National Laboratory and is similar to work currently being done there on Zircaloy-2 and

Zircaloy-4 in cooperation with EPRI. Following Brian Kildeeís suggestion, the EPRI MOU was

used as a pattern for this MOU. Subsequently, Don Hassell reviewed this MOU and requested

some specific changes that have been made. OGC has no objection. 

The attached draft was prepared by Framatome ANP and the accompanying transmittal letter

indicates their acceptance of the draft. Their signature should therefore be forthcoming and

work could begin in the very near future.

Attachment: As stated

Distribution:

SMSAB R/F

DSARE R/F

RMeyer R/F

CAder

PNorian

C:\Program Files\Adobe\Acrobat 4.0\PDF Output\Thadani19.wpd

OAR in ADAMS? (Y or N) Y ADAMS ACCESSION NO.: ML020240027 TEMPLATE NO. RES-006

Publicly Available? (Y or N) Y DATE OF RELEASE TO PUBLIC 5 SENSITIVE? N

To receive a copy of this document, indicate in the box: "C" = Copy without enclosures "E" = Copy with enclosures "N" = No copy

OFFICE SMSAB C:SMSAB D:DSARE OGC D:RES

NAME RMeyer:mb JRosenthal FEltawila DHassell AThadani

DATE 01/02/02* 01/02/02* 01/04/02* 01/23/02* --/-- /02
A MEMORANDUM OF UNDERSTANDING

between the

U.S. NUCLEAR REGULATORY COMMISSION

and

FRAMATOME ANP, Inc.

on a

COOPERATIVE NUCLEAR FUEL RESEARCH PROGRAM

PURPOSE

The U.S. Nuclear Regulatory Commission (NRC) and Framatome ANP, Inc., a U.S.

Corporation, (FRA-ANP) each conduct research on nuclear fuel. Although the goals of this 

research may differ, the research testing methods developed and applied and the technical 

information obtained can be useful to both parties. The purpose of the cooperative

research program is for the NRC to gain additional knowledge on the behavior of advanced

cladding alloy M5 under loss of coolant accident (LOCA) conditions. Therefore, the NRC

and FRA-ANP agree to cooperate in establishing and managing a fuel research program.

This memorandum of understanding (MOU) between the NRC and FRA-ANP describes the 

conditions under which a cooperative research program will be conducted and is subject to

applicable federal laws and regulations.

PRINCIPLES OF COOPERATION

Article 1 -- Responsibilities of the Parties

1.1 The NRC and FRA-ANP will establish and manage a cooperative research program.

A management board, consisting of representatives from each party, will be

responsible for integrating the needs of both parties, setting priorities, and providing

direction to the organization conducting the research related to the behavior of alloy

M5 cladding material under accident conditions. The NRC representatives shall be

the Director, Office of Nuclear Regulatory Research and the Director of the Division

of Safety Analysis and Regulatory Effectiveness. The FRA-ANP representatives

shall be the Director of R&D, the Director of Regulatory Affairs and Senior Technical

Consultant Dr. H. A. Hassan. The members of the management board will develop

and manage plans for the research program described in this MOU. They shall

meet as necessary, but at least annually, to:

1) Evaluate potential added tests that could be addressed within the fuel 

research program specified in this MOU.

2) Determine priorities for the research program.

3) Review the progress of the research program.

4) Provide direction on the conduct of the research program including possible 

termination.
1.2 Management board decisions will be reached by mutual agreement.

1.3 Technical oversight of the research program will be conducted by a technical 

advisory group (TAG) consisting of two representatives from each party (NRC and 

FRA-ANP). The TAG shall be responsible for making the decisions necessary to

implement the directives of the management board. TAG decisions will be reached 

by mutual agreement.

1.4 The management board may terminate the cooperative research program at any 

time due to unsatisfactory contractor performance, lack of funds, changes in priority, 

or any other reason.

Article 2 -- Guidelines for Cooperative Research

2.1 The cooperative research program shall be structured to avoid any conflict of

interest among the parties. In addition, the objective of this cooperative program

shall be limited to obtaining defined data and information.

2.2 Results from the cooperative research program shall be shared by both parties. The 

management board shall determine whether the results of any test not specifically

performed to simulate an accident--such as a materials characterization test--

reveals proprietary information, including data that could be used to duplicate the

process used to develop this particular alloy, and must be withheld from public

disclosure.

2.3 The content of any publication proposed by either party shall be reviewed by the

management board.

2.4 All patent rights related to the M5 material supplied by FRA-ANP, including but not

limited to its composition and manufacturing, shall remain assigned to FRA-ANP.

FRA-ANP may generate and provide certain data to the TAG to assist in developing 

the testing program; any data designated by FRA-ANP as being proprietary shall be 

handled and safeguarded accordingly.

2.5 Both parties shall have access to the test facilities, separately or jointly, and shall 

have the right to review the data being generated, to interview personnel conducting 

the research, to audit the processes and procedures used in the program, and to 

observe tests in progress.

Article 3 -- Outline of Cooperative Research Program

3.1 Scope

The scope of the tests performed in the research program will be defined by the

TAG with concurrence by the management board. As provided in Section 2.4, data 

provided by FRA-ANP may be used to adjust the scope of the testing program, as 

appropriate.
3.2 Objectives

The objective of the cooperative research program is to obtain data not previously 

available on unirradiated M5 cladding material concerning certain physical and 

mechanical properties associated with accident-related environments.

3.3 Technical Requirements

Detailed technical requirements will be developed by the contractor or operating

agent responsible for each phase of the research and documented in a detailed

plan. These plans shall be consistent with the direction provided by the 

management board.

The detailed plans, including test procedures, for the cooperative research program 

will be reviewed and approved by the TAG.

3.4 Resource Commitments

FRA-ANP shall supply unirradiated M5 tubing specimens in a quantity and at a time

that supports the approved cooperative research program. The NRC shall be

responsible for the payment of the contractor or operating agent responsible for

conducting the research program, as described in the approved plan.

At the conclusion of the testing, all unused MS tubing shall be returned to

FRA-ANP. Specimens used in the testing program shall either be returned to

FRA-ANP or shall be archived and suitably protected to prevent unauthorized use.

Article 4 -- Cooperation with Other Organizations

If mutually agreeable, other organizations may be invited to participate in the cooperative 

program. The TAG will work with representatives of those other organizations that have 

agreed to participate to define the scope and conduct of the research program. It is 

understood that the Electric Power Research Institute will be invited to participate by 

providing technical advice and to provide certain support services and analyses as mutually 

agreed.

Article 5 -- Terms of the Agreement

5.1 This agreement shall be effective when signed and dated by both parties, and shall

remain in effect for a period of two years.

5.2 This MOU may be modified or extended by the management board, if approved by

the signatories.

5.3 Either party may terminate this agreement at any time by giving a two-month written

notice.

5.4 All data generated subsequent to the withdrawal of a party shall be subject to the

provisions of this MOU at the time of termination.
5.5 It is understood that the NRC may enter into substantially similar agreements with

other organizations to perform the same tests on other advanced alloy claddings.

AGREEMENT

______________________________ ______________________________

Ashok C. Thadani, Director Roger S. Reynolds, Director

Office of Nuclear Regulatory Research Research and Development

U.S. Nuclear Regulatory Commission Framatome ANP, Inc.