The Partnership for the Development of Next Generation Simulation

Tools for Evaluating Cementitious Barriers and Materials Used in Nuclear

Applications (The Partnership)

Memorandum of Understanding

Among

THE UNITED STATES NUCLEAR REGULATORY COMMISSION

OFFICE OF NUCLEAR REGULATORY RESEARCH

THE UNITED STATES DEPARTMENT OF ENERGY

OFFICE OF ENVIRONMENTAL MANAGEMENT,

OFFICE OF ENGINEERING AND TECHNOLOGY

THE UNITED STATES DEPARTMENT OF COMMERCE

NATIONAL INSTITUTES OF STANDARDS AND TECHNOLOGY

BUILDING AND FIRE RESEARCH LABORATORY

I. Purpose

a. The purpose of this Memorandum of Understanding (MOU) is to initiate a

framework for facilitating cooperation and coordination among the United States

Nuclear Regulatory Commission (NRC), Office Of Nuclear Regulatory Research;

the United States Department Of Energy (DOE), Office Of Environmental

Management, Office Of Engineering and Technology; and the United States

Department of Commerce, National Institutes of Standards and Technology,

Building and Fire Research Laboratory, in research and development (R&D) of a

reasonable and credible tool to pre4ict performance of cement materials used in

nuclear applications over extended time frames. This MOU does not include agency

work directly in support oflicensing activities.

b. This MOU is intended to provide a mechanism for the cooperating Federal Agencies

to pursue a common technology in the development of a credible simulation tool to

predict cementitious materials performance over extended time frames. This MOU

is intended to reduce redundancies and improve the common technology through

exchange and comparisons of technical ideas. By entering into this MOU, the

cooperating Federal Agencies seek mutual benefit from their respective R&D

programs and to ensure effective exchange of information between their technical

staff and contractors.

c. This MOU focuses on exchange of information to support scientific information for

environmental risk assessments, joint efforts to improve the scientific bases for

implementing models, protocols for establishing linkages between disparate

databases and models, and development and use of a common model-data

framework.

10f6
r

d. This MOU is intended to facilitate the establishment of working partnerships among

the cooperating Federal Agencies' technical staffs and designated contractorsin order

to enhance productivity and mutual benefit through collaboration on mutuallydefinedresearchstudiessuchasthedevelopmentof a commonmodel-data .

framework. As part of knowledge for this project, several organizations have been

included in the planning phases and expect to remain fully engaged for the life of the

project due to their specific expertise regarding cementitious science, materials

science, and modeling. The organizations include the Consortium for Risk

Evaluation with Stakeholder Participation (CRESP), the Savannah River National

Laboratory (SRNL), SIMCO Technologies, Incorporated, and the Energy Research

Center of the Netherlands (ECN).

II. Authorities

a. The NRC enters into this MOU pursuant to section 205 of the Energy

Reorganization Act of 1975 (42 U.S.C. § 5845) which requires Federal agenciesto

furnish to the NRC, on a reimbursable basis, such research services as NRC deems

necessary and requests for the performance of its function. The DOE entersinto this

MOU under the authority of section 646 of the Department of Energy Organization

Act (Pub.L. 95-91, as amended; 42 U.S.C. § 7256). The legal authorities for the

Department of Commerce to enter into this agreement is 15U.S.C. § 272 et seq. and

also 33 U.S.C. § 883(d), which authorizes the Secretary of Commerce to undertake

investigations and research into the geophysical sciences. This MOU does not

supersede or void existing memoranda of understanding or other agreements among

the cooperating Federal Agencies.

III. Responsibilities

The cooperating Federal Agencies agree to:

a. Designate staff-level points of contact for the cooperating Federal Agencies. For the

NRC, the staff-level point of contact will be at NRC Headquarters, Office of Nuclear

Regulatory Research. For the DOE, the staff-level point of contact will be with the

Office of Environmental Management, Office of Engineering and Technology. For

the National Institute of Standards and Technology, the staff-level point of contact

will be the Materials and Construction Research Division in the Building and Fire

Research Laboratory. The designated points of contact will promote technical

coordination, identify joint R&D programs of mutual interest for the Federal

Agencies and funding for such programs, and will assist in arranging for

supplemental interagency agreements for R&D projects on multimedia

environmental models, software and related databases at appropriate sites and

laboratories.

The cooperating Federal Agencies further agree that the designated points of contact

will serve as members of a Steering Committee. Alternates may be designated by the

Federal Agencies to represent specific technical interests. The purpose of this

Committee will be to coordinate joint research efforts under this MOU. The

Committee will meet at a designated meeting place at least quarterly or more

20f6
II

frequently as detennined by the Steering Committee. Additional meetings via

teleconference call will occur weekly or less often as detennined by the Steering

Committee. At least one of these quarterly meetings per year shall be a public

meeting at a designated meeting place as detennined by the Steering Committee

members. Participation in technical working groups established by the Steering

Committee, and at technical meetings called by the Steering Committee, will be

detennined by the cooperating Federal Agencies. Organizational detailsregarding

the steering committee, agency representatives and technical working groups are

outlined below.

b. Cooperate in selected R&D programs of the other cooperating Federal Agencies by

providing resources, infonnation and technical expertise for review (outside of the

conventional research peer review process) or consultation in areas of a reasonable

and credible tool to predict perfonnance of cementitious materials used in nuclear

applications over extended time frames subject to program priorities and budget constraints. .

I"'"

c. Support the exchange of technical infonnation through data bases, infonnation

systems, clearinghouses, conferences,workshops, activities for developing a

common model-data framework, collaboration on scientific projects supporting the

modeling framework, and other means pertaining to a reasonable and credible tool to

predict perfonnance of cementitious materials used in nuclear applications over

extended time frames, subject to program priorities and budget constraints.

d. Specific Inter-Agency Agreements (lAG) among the cooperating Federal Agencies

may be developed pursuant to this MOD whenever appropriate to define specific

undertakings. Such lAGs may provide for cooperative projects, or other efforts

deemed appropriate, subject to applicable laws and regulations pertaining to the

respective agencies and the availability of funds.

Details of support for specific cooperativework including funding, project plans,

designation of cooperative work, and details of program management and execution will be

contained in the lAGs. The cooperating Federal Agencies' program officials will

communicate directly with one another during the planning and execution of these lAGs.

IV. Administration

It is the intention of the cooperating Federal Agencies to make the results of the R&D work

contemplated by this MOD available to the public consistent with applicable security and

other regulations.

a. Technology transfer: The participating Federal Agencies will establish procedures

for sharing computer simulation tools, software, related databases and supporting

scientific infonnation with the other cooperating Federal Agencies. Since the Federal

Agencies have specific statutory patent policies regarding inventions funded in

whole or in part by the Federal Government, the patent policies of the agency

conducting the work shall apply to agreements executed between the parties to the

MOD as well as to contractsthey are under where such agreements or contracts are

funded in whole or in part by the cooperating Federal Agencies. The cooperating

30f6
f1

Federal Agencies shall resolve any conflicts in their patent polices on a case-by-case

basis when they enter into implementing lAGs.

b. Information release: All data and information originating from these cooperative

research studies will be published and made available to the public as authorized by

law through the cooperating Federal Agencies' regulations and described in their

public information and publishing procedures. This information and data will not be

disseminated without approval of the cooperating Federal Agencies. IfS\:leR

appreval is Ret re0eived vlitmR21 days, appreval is ~lied. The parties will ensure

that their contractors will disseminate such information in accordance with this

agreement and the cooperating Federal Agencies' procedures. The cooperating

Federal Agencies agree to share any press releases or other public affairs information

related to joint efforts or projects for review and concurrence prior to release.

c. Financial policy: It is recognized that the cooperating Federal Agencies have specific

statutory requirements and limitations that dictate their financial policies. Therefore,

the cooperating Federal Agencies agree to consider and specifically to address the

financial policies to be applied to each project under the authority of this MOU as a

term of the individual lAGs detailing each such R&D project.

d. Program funding: This MOU is neither a fiscal nor a funds obligating document.

Nothing in this Agreement authorizes or is intended to obligate the Parties to expend,

exchange, or reimburse funds, services, or supplies, or transfer or receive anything of

value. The details and levels of funding, if any, will be developed in specific lAGs.

The cooperating Federal Agencies agree that this MOU does not involve the

exchange or commitment of funds, and further that any correlated lAGs entered by

two or more of the cooperating Agencies will be subject to the availability of funds

appropriated by the Congress for such purposes and other necessary resources.

e. Public information coordination: Subject to the Freedom of Information Act (5

U.S.C. § 552), decisions on disclosure of information to the public regarding projects

and programs implemented under this MOU will be made following consultation

among the cooperating Federal Agencies' representatives.

f. Amendment and termination: This MOU may be modified and amended by written

agreement among the cooperating Federal Agencies or terminated by mutual written

agreement of the Federal Agencies. An individual agency may withdraw from the

MOU with reasonable notice, in writing, to the other agencies. Additional Federal

organizations may become parties to this MOU by petitioning the Steering

Committee and signing an Addendum to the MOU. The Addendum will commit the

new Federal cooperating organization to assume the obligations and rights ofMOU

membership as specified in this MOU. The parties to the MOU agree to delegate the

authority to the Steering Committee to review requests for MOU membership, and to

approve additional parties. The Steering Committee Chair will sign the requester's

Addendum to indicate approval of the agencies that are parties to this MOU.

g. Oualitv assurance: An important goal of the MOU and subsequent lAGs is highquality research and modeling products. The cooperating Federal Agencies commit

to following their established quality assurance (QA) and quality control (QC)

procedures in the development and use of these research and modeling products.

Specific QNQC issues will be resolved during the development of the specific

-

40f6
II

lAGs.

h. Internet-based outreach to the public will be facilitated via the Office of Engineering

and Technology, Office of Environmental Management website

(www.em.doe.govlPages/EngTech.aspx).This infrastructure will provide the

backbone to support project administration, document archiving, webpage serving,

and many more services that will lead to successful and fruitful interaction and

cooperation. Notwithstanding this Steering Committee role, this MOD is not

intended to make any resource commitments without each agency's approval.

1. This Agreement in no way restricts either of the Parties from participating in any

activity with other public or private agencies, organizations, or individuals.

J. This Agreement is strictly for internal management purposes for each of the Parties.

It is not legally enforceable and shall not be construed to create any legal obligation

on the part of any Party. This Agreement shall not be construed to provide a private

right or cause of action for or by any person or entity. All agreements are subject to,

and will be carried out in compliance with, all applicable laws, regulations, and other

legal requirements.

-

V. Organization

a. Working GroupslProiects

The Partnership shall accomplish specific mutually beneficial activities via the

establishment of working groups and/or specific projects. All potential working

groups/projects shall be presented to the steering committee via an agency

representative or by invitation by the committee. For the establishment of working

group activitiesthis presentation will take the form of a multi-year phased approach

with a project plan that will be considered by the steering committee for approval.

b. Partnership Products

All working groups/projects are to report on their activities as requested by The

Partnership Steering Committee at quarterly meetings/teleconferences. All working

group/project proposals will be made publicly available on

(www.em.doe.govlPages/EngTech.aspx)).

c. Changes and/or updates to The Partnership organizational and operating procedures

can be implemented by a majority vote among Steering committee members.

VI. Signatures

Effective date: This MOD will become effective when all three parties (DOE, NIST, and

NRC) have signed it. Agencies not currently participating can become participants by

following the procedure outlined in Section N(f). This MOD will remain effective for 5

years or until modified or terminated by mutual consent.

50f6
I I

Effce:tive:date:. Thi3MOU v/ill Beeems effeetive OBOetseer 1,2907, iftfie tmee . .. .. . .

Date

I

~

Office

U.S.

-

Mark Gilbertson

Deputy Assistant Secretary

Office of Engineering and Technology

Office of Environmental Management

U.S. Department of Energ

Date

Sivaraj ShyamLSunder,Director

Building and Fire Research Laboratory

National Institute of Standards and

Technology

60f6