March 20, 2003

MEMORANDUM TO: William D. Travers

Executive Director for Operations

FROM: Samuel J. Collins, Director /RA/

Office of Nuclear Reactor Regulation

SUBJECT: MEMORANDUM OF UNDERSTANDING WITH WESTINGHOUSE ON

SUBMITTAL OF COMPUTER CODES

 Attached for your signature is the subject Memorandum of Understanding (MOU) which has 

been agreed to by the staff and Westinghouse in order to facilitate submittal of Westinghouse 

proprietary analytical computer codes. This MOU has the endorsement of the Office of the 

General Counsel.

Attachment: As stated
March 20, 2003

MEMORANDUM TO: William D. Travers

Executive Director for Operations

FROM: Samuel J. Collins, Director /RA/

Office of Nuclear Reactor Regulation

SUBJECT: MEMORANDUM OF UNDERSTANDING WITH WESTINGHOUSE ON

SUBMITTAL OF COMPUTER CODES

 Attached for your signature is the subject Memorandum of Understanding (MOU) which has 

been agreed to by the staff and Westinghouse in order to facilitate submittal of Westinghouse 

proprietary analytical computer codes. This MOU has the endorsement of the Office of the 

General Counsel.

Attachment: As stated

Distribution:

SRXB/RF

*See previous concurrence page

ACCESSION NUMBER: ML030730270

DOCUMENT NAME: G:C:\ORPCheckout\FileNET\ML030730270.wpd

OFFICE NRR/DSSA/SRXB NRR/DSSA/SRXB NRR/DSSA/SRXB NRR/DSSA/D NRR/ADPT NRR/D

NAME RLandry* RCaruso* JSWermiel* GMHolahan* BWSheron* SJCollins

DATE 3/14/03 3/14/03 3/14 /03 3 /17/03 3 /17/03 3 /20/03
OFFICIAL RECORD COPY
Memorandum of Understanding

between the

United States Nuclear Regulatory Commission

and

Westinghouse Electric Company LLC

Regarding the Use of Westinghouse Proprietary Computer Codes

The Memorandum of Understanding (“MOU”) covers the use and return of Westinghouse

Electric Company LLC (“Westinghouse”) proprietary source codes, executable codes, any

associated data sets, decks or libraries and manuals (collectively “Codes”) to be provided on

loan by Westinghouse to the U.S. Nuclear Regulatory Commission (“NRC”). Codes are being

provided by Westinghouse solely to facilitate NRC review of Westinghouse, Westinghouse

Owners Group, and CE Owners Group topical reports (“Topical Reports”), and individual license

amendment requests associated with such Topical Reports or with the Codes and methods

(“Associated License Amendment Requests”). Such Codes will be received and handled by the

NRC in accordance with the provisions of this MOU.

1. Westinghouse Codes are being provided on loan, voluntarily and as a courtesy to the

NRC solely to expedite and facilitate the review of associated Topical Reports and

Associated License Amendment Requests. The Codes would customarily not be

released to the public by Westinghouse. Westinghouse considers the Codes to be

confidential and proprietary on the basis that the Codes are customarily held in

confidence by Westinghouse and that disclosure of the Codes is likely to cause

substantial harm to Westinghouse.

2. Westinghouse will submit appropriate proprietary affidavits when it provides the Codes

to the NRC. Source code listings are proprietary in their entirety and will not be subject

to explicit delineation of proprietary coding on a line-by-line basis. Non-proprietary

versions of the Codes will not be submitted.

3. Within fifteen (15) business days of Westinghouse providing Codes to the NRC, the

NRC will send Westinghouse a letter affirming that the Codes provided are proprietary. 

If the NRC is unable to provide such a letter, the NRC will immediately return the Codes

to Westinghouse unless Westinghouse agrees to extend the time within which the NRC

is to provide the letter.

4. The NRC may not dispose of the Codes.

ATTACHMENT 
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5. The NRC will use the Codes solely on the “NRR high-performance computer network”

(“NRR HPC Network”). The NRC will return all copies of the Codes to Westinghouse as

soon as is practicable, and will irretrievably delete the Codes from the NRR HPC

Network if Westinghouse, at any time and in its sole discretion, requests in writing that

the Codes be withdrawn from the NRC, unless such return is precluded by law. With

respect to system backup tapes, the NRC will overwrite those tapes so as to irretrievably

delete the Codes from such tapes on the regular schedule set by the NRC Office of the

Chief Information Officer (“OCIO”).

6. Notwithstanding the provisions of this MOU, after Westinghouse provides the Codes to

the NRC and while the Codes are being used by the NRC in accordance with this MOU,

if the NRC receives a Freedom of Information Act (“FOIA”) request for the Codes, the

NRC may retain the Codes for as long as legally required. If the NRC receives any

FOIA request for the Codes, the NRC will follow the procedures in its Management

Directive 3.1 (or its successor), including procedures that require notification to the

submitter of claimed proprietary information if such information is being considered for

release. The NRC will not object to Westinghouse participating in any judicial

proceeding relating to the FOIA request.

7. The Codes will be strictly controlled by the NRC in accordance with OCIO procedures. 

The Codes will not be left exposed or unattended by the NRC and will be stored in

locked drawers or files when not in use. The NRR HPC Network on which the Codes

will be loaded will be protected by group identifier, individual user identifier, and user

password to preclude unauthorized access.

8. Any evaluations that the NRC derives from use of the Codes being furnished under this

MOU will be used by the NRC only for purposes of development of the Safety

Evaluation Reports (“SER”) relating to the Topical Reports for which the Codes were

submitted or in connection with Associated License Amendment Requests. In

accordance with current NRC policy, procedure, and practice, Westinghouse will be

provided an opportunity to identify information it deems proprietary that is contained in

any SER produced as a result of evaluations derived from the Codes furnished under

this MOU prior to public disclosure of the SER.

9. Under no circumstances will the Codes be made available in the Public Document Room

(“PDR”) or in the Agency Document Access and Management System (“ADAMS”),

either externally or internally.

10. Access to the Codes within the NRC will be restricted by the NRC to individuals who are 

 full or part time employees of the NRC and directly involved in the review of the related 

 Topical Reports or Associated License Amendment Requests, and to the system

administrator, who is an NRC contractor, as designated by the OCIO. The Codes will

not be disclosed to individuals who are special government employees, consultants, and

contractors, except the system administrator as stated above, without prior

Westinghouse written approval in its sole discretion; and no such disclosure may be for

other than the purposes stated in this MOU. A list of individuals with access to the

Codes will be maintained by the NRC and provided to Westinghouse upon request.
 -3- 

11. If requested by the NRC, Westinghouse will negotiate with the NRC on the provision of

technical support for the setup, training, and operation of the Codes within the NRC. 

Some technical support may be provided to the NRC by Westinghouse as a courtesy. 

12. The NRC will exercise the Codes in a manner consistent with their intended use under

this MOU. Such use includes review of the numerical methods used in the Codes, code

convergence, code stability within the requested range of applicability for the Codes,

and similar coding issues that may have an effect on the results of calculations derived

from the Codes. The NRC may also consider whether coding is consistent with code

documentation. The NRC, however, will not review design issues relating to the Codes

that do not affect the results of the calculations.

13. Westinghouse will not be required to furnish or reimburse the NRC for any hardware,

operating system, or additional software needed to support the use of the Codes by the

NRC. However, Westinghouse will provide those files necessary to run the Codes in a

manner consistent with demonstrating their intended purpose as described by the

associated Topical Reports. This will include providing sufficient information from

Westinghouse data libraries, data sets, or files to support the associated review of the

Topical Reports.

U.S. NUCLEAR REGULATORY WESTINGHOUSE ELECTRIC COMPANY LLC

COMMISSION

By:____________________________ By:___________________________

Name: William D. Travers Name: Stephen R. Tritch

Title: Executive Director for Operations Title: President and Chief Executive Officer

Date:__________________________ Date: March 11, 2003