TREATIES AND OTHER INTERNATIONAL ACTS SERIES 12-702 

________________________________________________________________________ 

ATOMIC ENERGY 

Information Exchange 

 Agreement Between the 

UNITED STATES OF AMERICA 

and FRANCE 

Signed at Fontenay aux Roses and Rockville 

April 10 and July 2, 2012 

with 

Appendices 
 NOTE BY THE DEPARTMENT OF STATE 

 Pursuant to Public Law 89—497, approved July 8, 1966 

(80 Stat. 271; 1 U.S.C. 113)—

“. . .the Treaties and Other International Acts Series issued 

under the authority of the Secretary of State shall be competent 

 evidence . . . of the treaties, international agreements other than 

treaties, and proclamations by the President of such treaties and 

international agreements other than treaties, as the case may be, 

therein contained, in all the courts of law and equity and of maritime 

jurisdiction, and in all the tribunals and public offices of the 

United States, and of the several States, without any further proof 

or authentication thereof.” 
FRANCE 

Atomic Energy: Information Exchange 

 Agreement signed at Fontenay aux Roses and 

 Rockville April 10 and July 2, 2012; 

 Entered into force July 2, 2012. 

 With appendices. 
Ref IRSN: LS 11309

AGREEMENT RELATING TO PARTICIPATION OF NRC TO THE CCI-7 TASK OF THE EDF

PROGRAM CALLED EXPERIMENTS TO DEMONSTRATE EX-VESSEL CORE COOLABILITY

UNDER EARLY CAVITY FLOODING CONDITIONS"

BETWEEN

INSTITUT DE RADIOPROTECTION ET DE SURETE NUCLEAIRE, a French State -owned and

operated public body with a commercial and industrial vocation, created by article 5 of

the law n°2001-398 dated 9th May 2001 and by decree n°2002-254 dated 22nd February

2002, whose registered office is at 31, avenue de la Division Leclerc, 92260 Fontenay-auxRoses, France, and identified under n° RCS Nanterre B440 546 018;

represented by Mr. Jacques REPUSSARD, its General Director;

hereinafter referred to as "IRSN",

ON THE ONE HAND,

AND

THE UNITED STATES NUCLEAR REGULATORY COMMISSION [HEREUNDER US NRCJ, having its

headquarters located in Rockville, Maryland, 20852, USA,

represented by Dr. Brian W. SHERON, in his capacity as Director, Office of Nuclear

Regulatory Research,

ON THE OTHER HAND,

hereinafter referred to collectively as "Parties" and individually as "Party".
, PREAMBLE

The complementary experimental program "EXPERIMENTS TO DEMONSTRATE EX-VESSEL

CORE COOLABILITY UNDER EARLY CAVITY FLOODING CONDITIONS" comes with in the scope

of the continuity of the Melt Coolability and Concrete Interaction OECD project (MCCIOECD) dedicated to the study of the corium concrete interaction and the cooling

mechanisms making it possible to stop the progression of corium. This program was

initiated in 2002 by United States Nuclear Regulatory Commission (NRC) and was organized

in two OECD projects on the Argonne National Laboratory (ANL) facilities whose teams are

still the only one in the world able to implement masses of prototypic corium reaching the

ton. The second project was completed in 2010 by the realization of an integral test which

opened interesting prospects for containment failure risk mitigation by early cavity top

flooding.

In the context of long term operation of the French nuclear capacity, the study of means

making it possible to avoid the loss of containment integrity is an important item for EDF

and IRSN. Cooling by water addition at upper surface is one of the mitigation means

applicable to the existing plants but it could also constitute an interesting alternative if its

effectiveness is demonstrate to simplify the design of the GEN III reactors.

Beyond the prospects open at the end of MCCI-OECD project, complementary integral tests

are necessary to bring conclusive elements about the effectiveness of this mode of cooling

at reactor scale. EDF thus set up this new program in order to carry out complementary

tests. This program coordinated and financed by EDF will be carried out technically by ANL

(hereafter the "PROGRAM"). Detailed description of the PROGRAM is provided in appendix

2.

EDF proposed to IRSN and NRC to join the financing and take part to the definition, the

follow-up of realization, the interpretation of the CCI-7 test and the realization of a

benchmark exercise between simulation tools (hereafter the "PROJECT").

IRSN and NRC received the PROJECT favourably and wish to collaborate with EDF in its

realization. IRSN defined with EDF its participation in a bilateral contract including

appropriate rights to extent the participation to NRC.

The Parties thus met in order to define the conditions under which NRC and IRSN are

committed collaborating for the realization of the PROJECT and were appropriate of what

follows.

AGREEMENT RELATING TO PARTICIPATION OF NRC TO THE CCI-7 TASK OF THE EDF PROGRAM CALLED EXPERIMENTS TO

DEMONSTRATE EX-VESSEL CORE COOLABILITY UNDER EARLY CAVITY FLOODING CONDITIONS" 2/16
ARTICLE 1. DEFINITIONS

ARTICLE 2. PURPOSE

ARTICLE 3. TECHNICAL CORRESPONDENTS

ARTICLE 4. DELIVERABLES

ARTICLE 5. ACCESS RIGHT 6

ARTICLE 6. FINANCIAL CONTRIBUTIONS 7

ARTICLE 7. LIABILITY 9

ARTICLE 8. CONFIDENTIALITY 10

ARTICLE 9. PUBLICATION 11

ARTICLE 10. DURATION 11

ARTICLE 11. FORCE MAJEURE 12

ARTICLE 12. TERMINATION 12

ARTICLE 13. MISCELLANEOUS 12

ARTICLE 14. DISPUTES RESOLUTION 13

APPENDIX 1: TECHNICAL APPENDIX 14

5

AGREEMENT RELATING TO PARTICIPATION OF NRC TO THE CCI-7 TASK OF THE EDF PROGRAM CALLED EXPERIMENTS TO

DEMONSTRATE EX-VESSEL CORE COOLABILITY UNDER EARLY CAVITY FLOODING CONDITIONS" 3/16

NOTE: It appears that Appendix 2 is on page 16.
Article 1. DEFINITIONS

As used in this Agreement, the terms below shall have the following meanings:

a. "Agreement" means the present document consisting of Articles 1 to 14 and its

appendix. In case of discrepancy between this document and its appendix, this

document shall prevail over its appendix.

b. "Background" means information which is held by the Parties prior to their

accession to this Agreement, as well as copyrights or other intellectual property

rights pertaining to such information, and which is needed for carrying out the

Project or for using the Results;

c. "Confidential Information" means all information or knowledge in whatever form

or mode of transmission, protected or not by an intellectual property rights and

which is disclosed by a the Disclosing Party(ies) to the Recipient in connection with

the Project during its implementation. It is understood between the Parties that

Background and Results are Confidential Information.

d. "Deliverables" means altogether:

i. The deliverables of the task 1 to be provided by EDF to IRSN and

transmitted to NRC during the PROGRAM and defined in article 4 and

Appendix 1.

ii. The deliverable of the task 2 to be provided by NRC to IRSN and via

IRSN to EDF, the deliverable of the task 2 to be provided by IRSN to

NRC and EDF and the deliverable of the task 2 to be provided by EDF

to IRSN and NRC via IRSN.

e. "Results" means the results from the PROJECT whatever its forms and nature

protected or not by an intellectual property right and formalized by the

Deliverables.

f. "PROGRAM Leader" means Electricite De France-EDF established under registration

552 081 317 R.C.S. PARIS; and whose registered offices is at 22-30 AV DE WAGRAM

75008 PARIS, FRANCE.

Article 2. PURPOSE

The purpose of this Agreement is to define the terms and conditions of performance of the

PROJECT and notably conditions under which:

NRC shall fund the PROJECT

NRC shall perform a part of the PROJECT

IRSN shall grant to NRC an access rights over the PROGRAM Leader's Results and it's

Results

NRC shall grant to IRSN an access rights to its Results with the right to sub-licence

these rights to the PROGRAM Leader.

This Agreement is concluded with no reference to other pre-existing contracts or future

contracts subject to article 10.

AGREEMENT RELATING TO PARTICIPATION OF NRC TO THE CC!-7 TASK OF THE EDF PROGRAM CALLED EXPERIMENTS TO

DEMONSTRATE EX-VESSEL CORE COOLABILITY UNDER EARLY CAVITY FLOODING CONDITIONS" 4/16
The PROJECT consists of the 2 tasks as specified in Appendix 1.

Article 3. TECHNICAL CORRESPONDENTS 

a. In order to ensure that the PROJECT is performed properly, each Party designates

one technical correspondent, as mentioned below (hereinafter referred to

collectively as "Technical Correspondents").

The Technical Correspondents shall meet at least once a year and as necessary,

alternatively in France and in USA.

b. The Parties appoint the following Technical Correspondents:

• For IRSN:

Jean-Michel BONNET

I RSN / DPAM/SEMIC

Centre de Cadarache, Bat 702

BP 3 - 13115 ST PAUL LEZ DURANCE CEDEX

• For NRC:

Richard Lee

Branch Chief, Fuel and Source Term Code Development Branch,

Office of Nuclear Regulatory Research

U.S. Nuclear Regulatory Commission

Washington, DC 20555-0001

Each Party may change its Technical Correspondents during the PROJECT, by giving one

month's prior written notice to the other Party.

Article 4. DELIVERABLES

a. Details of tasks are provided in Appendix 1. The definition, monitoring of

implementation and interpretation of test CCI-7 consist of task 1 as described in

Appendix 1 and the participation in a benchmark exercise between simulation tools

organized by ANL consists of task 2. Technical context of the PROGRAM to be

performed by ANL are described in Appendix 2 in answer to the joint request of the

Parties and the PROGRAM Leader.

b. Under this Agreement, IRSN shall deliver to the Technical Correspondent of NRC the

following Deliverables at these indicative dates, as described in Appendix 1 for

execution of task 1 and 2 by the PROGRAM Leader.

Deliverable

N° Year Date Deliverable transmitted

by EDF within the project

Milestone 2012 TO: project kick-off,

January 2012

1st of

AGREEMENT RELATING TO PARTICIPATION OF NRC TO THE CCI-7 TASK OF THE EDF PROGRAM CALLED EXPERIMENTS TO

DEMONSTRATE EX-VESSEL CORE COOLABILITY UNDER EARLY CAVITY FLOODING CONDITIONS" 5/16
1 2012 TO+3 months

CCI-7 pretest design

report

Milestone 2012 TO+6 months test conduction

2 2012 TO + 7 month

Benchmark exercise

specification report

Milestone

2012

TO + 10 months results form

simulation transmitted to ANL

Calculation reports

3a •

EDF calculation report

4 2012 TO + 10 months CCI-7 test report

5 2012 TO + 12 months

Final report including ANL

synthesis of bendimark

exercise

Milestone 2012

TO + 12 months end of the

project after final report

approval •

c. NRC shall deliver to IRSN for execution of task 2 the following deliverable:

Deliverable

N° Year Date

Deliverable transmitted by

NRC within the project

3c 2012 TO + 10 months results form

simulation transmitted to ANL NRC calculation report

d. IRSN shall deliver to NRC for execution of task 2 the following deliverable:

Deliverable

N° Year Date Deliverable transmitted by

IRSN within the project

3b 2012 TO + 10 months results form

simulation transmitted to ANL IRSN calculation report

e. In case of delay for delivering the deliverable of task 1 and 2, due to EDF, IRSN will

inform the Technical Correspondent of NRC immediately. Any delay due to EDF shall

not be assumed by IRSN. No liability shall be assumed by IRSN in this case. NRC in

this case shall request of the PROGRAM Leader to be compensated for any harm

suffered due to the delay.

f. After the submission of the specifications report of the benchmark, blind

calculations of the test will be executed by EDF, IRSN and NRC with their own tools

within a maximum of 3 months. These blind calculations will be reported in 3

deliverables, one for each tool as specified in . Appendix 1.

NRC will send to IRSN in the aforementioned delay its report; IRSN will send its

report to NRC with the PRROGRAM Leader's report. Each Party and the Program

leader shall use all reasonable means to send each report in time.

Article 5. ACCESS RIGHT

a: Background

Each Party remains the owner of its own Background.

No rights over a Party's Background are given to the other Party under the

Agreement. In case of transmission of Background for the PROJECT's needs, the

AGREEMENT RELATING TO PARTICIPATION OF NRC TO THE CCI-7 TASK OF THE EDF PROGRAM CALLED EXPERIMENTS TO

DEMONSTRATE EX-VESSEL CORE COOLABILITY UNDER EARLY CAVITY FLOODING CONDITIONS" 6/16
Receiving Party commits itself not to use this Background except for the strict

needs of the PROJECT.

b. Results

i. Deliverables and Results of task 1 are the exclusive property of the PROGRAM

Leader.

ii. Deliverables and Results of Task 2 are the exclusive property of each of its creator

respectively as mentioned in Appendix 1.

iii. As and when the Results of the PROGRAM Leader are delivered by the PROGRAM

Leader to IRSN, IRSN grants to NRC a personal and non-exclusive right to use these

Results for its own internal research purpose and for non-commercial purpose and

for an undetermined duration.

iv. As and when the Results of IRSN are delivered by IRSN to NRC, IRSN grants to NRC a

personal and non-exclusive right to use these Results for its own internal research

purpose and for non-commercial purpose only and for an undetermined duration.

v. As and when the Results of NRC are delivered by the NRC to IRSN, NRC grants to

IRSN a personal and non-exclusive right to use these Results for its own internal

research purpose and for non-commercial purpose only and for an undetermined

duration with the right to sub-licence the exact same rights to the PROGRAM

Leader.

vi. For the purposes of this Agreement, the term "commercial purpose" shalt comprise,

inter alia (i) any disclosure, supply, assignment, transfer, sale, rental, distribution

and/or making available of all or part of the Results to a third party, (ii) more

generally, any use generating business profits or revenues.

vii. NRC shall not acquire any title, copyright or other proprietary rights over the

Results of the PROGRAM Leader or IRSN other than the access right specified here

above. The Results shall remain the intellectual property of its respective creator

and owner. The rights granted over the Results to NRC shall not be interpreted as a

transfer of intellectual property rights, as defined by the French Intellectual

Property Code.

Article 6. FINANCIAL CONTRIBUTIONS

a. The total cost of the PROGRAM for the two tasks that are included in the PROJECT

is about one million one hundred fifty thousand United States Dollars (USD $

1.150.000).

b. All financial contributions set forth hereunder are fixed and firm amounts.

c. The amounts are quoted in US Dollars (USD), which will be the account, invoice and

payment currency.

AGREEMENT RELATING TO PARTICIPATION OF NRC TO THE CCI-7 TASK OF THE EDF PROGRAM CALLED EXPERIMENTS TO

DEMONSTRATE EX-VESSEL CORE COOLABILITY UNDER EARLY CAVITY FLOODING CONDITIONS" 7/16
d. In consideration of the delivery of the Deliverables of task 1 and the rights granted

over the Results and Deliverable of task 1 according to article 5, NRC shall

contribute to the PROJECT to the extent of one hundred fifty thousand United

States Dollars (USD $150.000).

This amount excludes costs incurred by the Parties and the PROGRAM Leader for the

definition of test; follow up of its preparation and interpretation (task 1) and the

realization of calculations for the benchmark exercises (task 2). Each Party and the

PROGRAM Leader will take in charge its part of the PROJECT at their own costs as

mentioned in Appendix 1.

e. The amounts shall be paid by NRC to IRSN on receipt of the corresponding invoices,

and according to the following terms:

Deliverable

N .

Year Date Deliverable transmitted

by EDF within the project

Associated cost due by

NRC in US Dollars

Milestone 2012

. TO: project kick-off, 15t of

January 2012

1 2012 TO+3 months CCI-7 pretest design

report

Milestone 2012 TO+6 months test conduction

2 2012 TO + 7 month Benchmark exercise

specification report 75 000 USD $

Milestone

2012 TO + 10 months results form

simulation transmitted to ANL

Calculation reports

3a EDF calculation report

4 2012 TO + 10 months CCI-7 test report

5 2012 TO + 12 months

Final report including

synthesis of benchmark

exercise

75 000 USD $

Milestone 2012

TO + 12 months end of the

project after final report

approval

f. Invoices shall be addressed to:

Richard Lee

Branch Chief Fuel and Source Term Code Development Branch,

Office of Nuclear Regulatory Research

U.S. Nuclear Regulatory Commission

Washington, DC 20555-0001

g. All payments due by NRC under this Agreement shall be made to the following bank

account of IRSN in a 45 days delay from receipt of invoices

Bank Address: Agent comptable de l'IRS1V" (IRSN Accounting Dept.)

at the TRESOR PUBLIC — RECETTE GENERALE DES FINANCES

Code Banque (bank code) 10071 — Code Guichet (sort code) 75000

Compte (account) no. 00001000548 — RIB code 85

BIC code: BDFEFRPPXXX

AGREEMENT RELATING TO PARTICIPATION OF NRC TO THE CCI-7 TASK OF THE EDF PROGRAM CALLED EXPERIMENTS TO

DEMONSTRATE EX-VESSEL CORE COOLABILITY UNDER EARLY CAVITY FLOODING CONDITIONS" 8/16
NRC shall be responsible for wire transfer fees charged by its bank, but any other fees

charged by a correspondent bank or the receiving bank shall be the responsibility of IRSN.

When NRC's financial contribution is directly related to the transmission of the

Deliverables mentioned above, the NRC is authorized to delay payment of the financial

contribution for as long as the delay in transmission of the Deliverables. In case of test

failure, the benchmark exercise and associated deliverables will be canceled.

Nevertheless, the PARTIES recognize" they share the risk and the payments associated to

these deliverables remain due by NRC and shall be paid to IRSN at the project end.

Article 7. LIABILITY

IRSN shall not in any case be held responsible for any failure of the PROGRAM Leader.

IRSN is not acting as a representative or agent of the PROGRAM Leader or NRC. Thus, in

case of any default of the PROGRAM Leader, IRSN shall not be held liable and NRC agrees

to bring any action directly against the PROGRAM Leader for any loss or damage

whatsoever suffered by NRC. Likewise, in case of any default of the NRC, IRSN shall not be

held liable and the Program LEADER has agreed to bring any action directly against NRC for

any loss or damage whatsoever due to NRC suffered by the PROGRAM Leader.

No Party shall be responsible to any other Party for any cost arising from bodily injury or

death caused to its employees, employed directly or not, which may occur in the course of

the performance of the Agreement. This provision shall not apply if the injury or death has

been caused by the gross negligence or wilful misconduct of the other Party or its agents.

In respect of any information or materials supplied by a Party to another Party under the

Agreement no warranty or representation of any kind is made, given or implied neither as

to the sufficiency or fitness for purpose. This provision supersedes any contrary provision

of this Agreement.

The recipient Party shall in all cases be entirely and solely liable for the use to which it

puts such information and materials.

No Party shall be responsible to any other Party for punitive damages, indirect or

consequential loss or similar damage such as, but not limited to, loss of profit, loss of

goodwill, loss of revenue, loss of opportunity or loss of contracts.

A Party's aggregate direct liability towards the other Party shall be limited to once the

amount of the total cost invoiced by IRSN.

The exclusions and limitations of liability stated above shall not apply in the case of

damage caused by fraud, a wilful act or gross negligence.

AGREEMENT RELATING TO PARTICIPATION OF NRC TO THE CCI-7 TASK OF THE EDF PROGRAM CALLED EXPERIMENTS TO

DEMONSTRATE EX-VESSEL CORE COOLABILITY UNDER EARLY CAVITY FLOODING CONDITIONS" 9/16
Article 8. CONFIDENTIALITY

a. For the need of the Agreement, Disclosing Party shall mean when information are

the property of NRC, NRC and when the information are the property of the

PROGRAM Leader or of IRSN, IRSN.

b. Each Recipient admits with regard to the Deliverables and the Results received from

the Disclosing Party under the present Agreement, to:

(i) keep all Confidential Information as secret and use the same degree of care,

but no less than a reasonable degree of care, as such the Recipient uses

with respect to its own similar information to protect the Confidential

Information and to prevent (a) any use of Confidential Information other

than for the use authorized in article 5 here above, (b) communication of

Confidential Information to any third party without the Disclosing Party(ies)

prior written consent or (c) publication of Confidential Information.

Notably the Recipient shall not issue or release any articles, advertising,

publicity or the other matter relating to any Confidential Information.

(ii) not use in whole or in part the Confidential Information for any purpose

other than the purpose specified in article 5 above ;

(iii) disclose Confidential Information only to those officers or employees or

agents on a 'need to know' basis and to ensure that said officers, employees

or agents are bound by this Agreement and undertake to abide by it;

(iv) neither copy, nor otherwise reproduce nor duplicate in whole or in part the

Confidential Information .where such copying, reproduction or duplication

have not been specifically authorized in writing by the Disclosing Party.

c. Except as aforementioned, Each Recipient shall have no restriction with regard to

the use of the Results that

• have or become generally publicly available through no fault of the

Recipient, or;

• was approved for unrestricted release or unrestricted disclosure by the

Disclosing Party, or

• was already lawfully know by the Recipient or the PROGRAM Leader prior its

receipt;

• is lawfully disclosed to the Recipient or the PROGRAM Leader by a third

Party who is in lawful possession thereof and under no obligation of

confidence to the Disclosing Party;

• is independently developed by employees of the Recipient of the PROGRAM

Leader who did not have access to the Disclosing Party's data, and without

any breach by the Recipient of PROGRAM Leader of its obligations under this

Agreement, or

AGREEMENT RELATING TO PARTICIPATION OF NRC TO THE CCI-7 TASK OF THE EDF PROGRAM CALLED EXPERIMENTS TO

DEMONSTRATE EX-VESSEL CORE COOLABILITY UNDER EARLY CAVITY FLOODING CONDITIONS" 10/16
• is required to be produced by order of a court of competent jurisdiction and

provided the Recipient or the PROGRAM Leader promptly notifies the

Disclosing Party upon receipt of such an order so as to give the Disclosing

Party the opportunity to defend, limit or protect such production or

disclosure prior to release hereunder.

d. The Recipient hereby undertakes the obligation of the clause b and c during the

Agreement and for a period of ten (10) years after its termination.

Article 9. PUBLICATION 

Each Party shall not release any results for publication before the end of the

confidentiality stated in article 8.d.

NRC shall be authorized to publish or communicate part or all of the Results of the

PROGRAM Leader subject to the prior written approval of the PROGRAM Leader directly.

NRC shall be authorized to publish or communicate part or all of the Results of 1RSN

subject to the prior written approval of IRSN.

IRSN shall be authorized to publish or communicate part or all of the Results of NRC

subject to the prior written approval of NRC. Any publication by the PROGRAM Leader shall

be asked directly to NRC.

All publications or any other dissemination relating to the Result shalt include the following

statement to indicate that said Result was generated in the framework of this Agreement

and with the other Party collaboration and the PROGRAM Leader:

"The research leading to these results has been conducted by the US National Regulatory

Commission - NRC and the French "Institut de Radioprotection et de SOrete Nucleaire -

IRSN and Electricite de France - EDF "

Article 10. DURATION 

a. This Agreement shall enter into force upon its signature by both Parties with an

effective date the 1 st October, 2011 and shall remain valid for duration of 15

months.

In case the contract between the PROGRAM Leader and ANL and the contract

between the PROGRAM Leader and IRSN is not concluded in a six months delay

following signature of the Agreement, each Party will be free to terminate the

contract with a one month delay.

Any amount already paid to IRSN shalt be integrally refunded and any deliverables

and Results already transmitted shall be return to the Disclosing Party and the

Recipient shall cease immediately any use of the Result or Deliverable.

b. The delays of performance of the PROJECT as mentioned in appendix 1 are

indicative only.

AGREEMENT RELATING TO PARTICIPATION OF NRC TO THE CCI-7 TASK OF THE EDF PROGRAM CALLED EXPERIMENTS TO

DEMONSTRATE EX-VESSEL CORE COOLABILITY UNDER EARLY CAVITY FLOODING CONDITIONS" 11/16
Article 11. FORCE MAJEURE

a. No Party shall be liable to the other if it cannot perform its obligations under this

Agreement for a cause of force majeure, i.e. any event which is beyond its control.

In such a case, notice of the event shall be given by the failing Party to the other

Party and the delays of performance will be extended by the number of days

necessary to overcome the cause of the delay. The performance of this Agreement

shall be resumed as soon as practicable after such event has come to an end. If the

performance of whole or part of this Agreement is delayed by reason of force

majeure for a period exceeding one (1) year, either Party may request termination

of this Agreement or the affected part thereof.

b. Termination of this Agreement in accordance with the above shall not affect any

financial obligation already payable between the Parties as long as the

corresponding Deliverable has been furnished by IRSN. In the event, however, that

a Deliverable is not furnished, NRC shall not be obligated to pay the corresponding

or future payments to IRSN, unless and until such Deliverable has been furnished by

the PROGRAM leader.

Article 12. TERMINATION 

If one of the Parties fails to meet any of its obligations under this Agreement, the other

Party may terminate the Agreement, in full or in part, once it has so notified the other

Party by registered letter with acknowledgement of receipt and on the expiry of a period

of sixty (60) days with such communication having produced no effect.

Article 13. MISCELLANEOUS

a. Any modification to or waiving of any of the terms and conditions of this Agreement

shall become effective only if drawn up in writing and signed by the Parties as an

amendment to this Agreement.

b. This Agreement supersedes all prior agreements and understandings between the

Parties relating to the subject matter herein, and is intended by the Parties to be

the complete and exclusive statement of the terms and conditions of their

agreement.

c. If any of the provisions of this Agreement is found, by a competent authority, to be

void or unenforceable, such provision shall be deemed to be deleted from this

Agreement, while the other provisions of this Agreement shall remain in full force

and effect.

The Parties shalt negotiate in good faith in order to agree upon a mutually

satisfactory provision to be substituted for the provision so found to be void or

unenforceable.

d. The headings used in this Agreement are for convenient reference only and shall not

be used for interpreting the provisions of this Agreement.

AGREEMENT RELATING TO PARTICIPATION OF NRC TO THE CCI-7 TASK OF THE EDF PROGRAM CALLED EXPERIMENTS TO

DEMONSTRATE EX-VESSEL CORE COOLABILITY UNDER EARLY CAVITY FLOODING CONDITIONS" 12/16
Directeur general a joint

Jacques REPUSSARD

General Director of IRSN

Brian W. SHERON

Director,

Office of Nuclear

Regulatory Research,

US NRC

For NRC

Date :

Place :

Signature

2- to IL

/41

For IRSN:

Date : Ao

Place :

Signature :

Article 14. DISPUTES RESOLUTION 

The Parties agree to seek an amicable solution to any differences or disputes that may

arise out of or in connection with the Agreement, if necessary with the assistance of one or

more independent experts. Upon mutual agreement of the Parties, a dispute shall be

submitted to an arbitral tribunal for binding arbitration in accordance with the applicable

rules of international law. Unless the Parties or their designees agree otherwise in writing,

the arbitration rules of the United Nations Commission on International Trade Law

(UNCITRAL) shall govern.

Intending to be legally bound, the Parties have executed this Agreement in two (2)

original copies by their duly authorized representatives on the day and at the place

written here below, each Party receiving one (1) original copy thereof.

AGREEMENT RELATING TO PARTICIPATION OF NRC TO THE CCI-7 TASK OF THE EDF PROGRAM CALLED EXPERIMENTS TO

DEMONSTRATE EX-VESSEL CORE COOLABILITY UNDER EARLY CAVITY FLOODING CONDITIONS" 13/16
APPENDIX 1: TECHNICAL APPENDIX

Description of the PROJECT

The PROJECT is divided into two overlapping tasks:

- Support to the conduct of CCI-7 test by ANL,

- Participation in a benchmark exercise between simulation tools on the basis

of CCI-7 test.

In anticipation of project task 1, the test specifications have been defined jointly by EDF,

IRSN, US-NRC and ANL. In answer to this request, ANL provided a PROGRAM proposal

included in the appendix A, Proposal n° P-11065, "Experiments .to Demonstrate Ex-Vessel

Core Coolability under Early Cavity Flooding Conditions" of Appendix 2.

After the start of the PROJECT, the first stage will consist in finalizing the definition of the

test and validating the CCI-7 pretest design report written by ANL (deliverable n°1). ANL

will be able then to finish the preparation of the test in order to proceed to its running

envisaged in March 2012. If difficulties appear in this last stage the partners will be

solicited to validate possible requests for exemption.

After the run of CCI-7 test, ANL will be able to write the specifications report of the

benchmark exercise by integrating the key test parameters but not providing the results

themselves (deliverable n °2). This document will allow EDF, IRSN and NRC to realize

within a maximum of 3 months blind calculations of the test with their own toots,

respectively TOLBIAC, ASTEC-MEDICIS and MELCOR-CORCON-CORQUENCH. These

specifications will also specify the list of required outputs results from simulation and the

format in which they will have to be communicated to ANL.

After having collected the data from simulation work carried out by each partners

(deliverable 3a, 3b and 3c), ANL will communicate the CCI-7 test results to them by

providing the test report (deliverable n°4). After interpretation of the test results, the

partners will have the possibility to send ANL if they wish new simulations by taking again

the same specifications for the supply of their results.

ANL will submit in conclusion a final report including the benchmark synthesis report

(deliverable n°5), and that at the latest 14 months after the date of starting of the

program (EDF-ANL contract signed the. 4th of October 2011).

The acceptance of the last deliverable will put an end to the PROJECT.

AGREEMENT RELATING TO PARTICIPATION OF NRC TO THE CCI-7 TASK OF THE EDF PROGRAM CALLED EXPERIMENTS TO

DEMONSTRATE EX-VESSEL CORE COOLABILITY UNDER EARLY CAVITY FLOODING CONDITIONS" 14/16
Conditions for implementation

In accordance with the proposal written by ANL (see Table 3-1 in Appendix A of Appendix

2),

The total cost to conduct CCI-7 test is one million fifty thousand US dollars

(1 050.000 USD $)

The total cost to support a benchmark exercise is one hundred thousand US

dollars (100 000 USD $).

IRSN and NRC take part in the funding at a level of three hundred thousand US dollars (300

000 USD $) with the financing with equal share of the first two tasks of the PROGRAM

engaged by EDF. The schedule of payment is defined in connection with the PROJECT

agenda and the distribution by EDF of the deliverable produced by ANL (see table below).

Deliverable

N .

Year Date Deliverable transmitted

within the project

Associated cost due by

IRSN and NRC in US

Dollars

Milestone 2012 . TO: project kick-off, 1st of

January 2012

1 2012 TO+3 months CCI-7 pretest design

report (ANL)

Milestone 2012 TO+6 months test conduction

2 2012 TO + 7 month

Benchmark exercise

specification report

(ANL)

75 000 USD $ (NRC)

75 000 USD $ (IRSN)

Milestone

2012

TO + 10 months results from

simulation transmitted to ANL

Calculation reports

3a EDF calculation report

3b IRSN calculation report

3c NRC calculation report

4 2012 TO + 10 months CCI-7 test report(ANL)

5 2012 TO + 12 months

Final report including

synthesis of benchmark

exercise (ANL)

75 000 USD $ (NRC)

75 000 USD $ (IRSN)

Milestone 2012

TO + 12 months end of the

project after final report

approval

.

Personnel of ANL, in the buildings of ANL, will complete work relating to the preparation,

the running, the analysis and the documentation of CCI-7 test.

Personnel of ANL, in the buildings of ANL, will complete work relating to the specification,

the coordination, the analysis of the results of simulation and the documentation of the

benchmark exercise.

Work concerning the definition of the test, the follow-up of its preparation, the realization

of calculations for the benchmark exercise and the interpretation of the results will be

completed by EDF, IRSN and NRC, in their respective buildings, with their respective

simulation tools and on their own funding.

AGREEMENT RELATING TO PARTICIPATION OF NRC TO THE CCI-7 TASK OF THE EDF PROGRAM CALLED EXPERIMENTS TO

DEMONSTRATE EX-VESSEL CORE COOLABILITY UNDER EARLY CAVITY FLOODING CONDITIONS" 15/16
APPENDIX 2:

WORK FOR OTHERS AGREEMENT N°854Y4 BETWEEN UCHICAGO ARGONNE, LLC AS

OPERATOR OF ARGONNE NATIONAL LABORATORY OPERATING UNDER PRIME CONTRACT

NO. DE-ACO2-06CHI1357 FOR THE U. S. DEPARTMENT OF ENERGY AND ELECTRICITE DE

FRANCE (Proposal n° P-11065, "Experiments to Demonstrate Ex-Vessel Core Coolability

under Early Cavity Flooding Conditions" in Appendix A)

AGREEMENT RELATING TO PARTICIPATION OF NRC TO THE CCI-7 TASK OF THE EDF PROGRAM CALLED EXPERIMENTS TO

DEMONSTRATE EX-VESSEL CORE COOLABILITY UNDER EARLY CAVITY FLOODING CONDITIONS" 16/16