Guidance: Arrangements for using overseas technical support contractors and for exchanging information with overseas nuclear safety regulators

G/RES/013

Open Government Status:: Fully Open
Issue:: 002
Unit/Section:: ONR 6C Nuclear Reactor Design
Approved by:: Peter Storey

Purpose and scope
Policy
Agreements and Arrangements
Using the arrangements with overseas regulators
Using overseas Technical Support Contractors
Sending information to other countries
Overseas visits
Responsibilities
Definitions
References
Appendix 1 – List of IEAs with overseas nuclear safety regulators
Appendix 2 – List of TSOs with which HSE has agreements

1 Purpose and scope

1.1 This document describes the processes for obtaining technical support from overseas organisations and for exchanging information with overseas nuclear safety regulators. These processes apply to all ONR’s interactions with these organisations, in addition to any normal commercial arrangements.

2 Policy

2.1 ONR Policy for international work and the strategy for achieving its aims are given in STD/004 and STD/005. ONR policy for international research is given in G/RES/012. Since these were issued, ONR’s need to interact with overseas organisations has increased with the start of Generic Design Assessment (GDA) of overseas reactor designs.

2.2 ONR expects an exchange of technical information including assessments, and the possibility of coordinating assessments on the same design. ONR has published how it will use overseas nuclear safety regulators’ existing assessments and how it will collaborate with these regulators over future assessments in the following documents:

Nuclear Power Station Generic Design Assessment - Guidance to Requesting Parties^[4]
New nuclear power stations – safety assessment in an international context^[5]
UK Generic Design Assessment – Strategy for working with overseas regulators^[6]

2.3 In addition, ONR may use overseas Technical Support Contractors either as part of its Technical Support Framework or by direct support contracts. ONR will also work with overseas Technical Support Organisations (TSOs) who are dedicated to supporting their corresponding national nuclear safety regulators. This collaboration may take the form of contact through the corresponding national nuclear safety regulator, a support contract either inside or outside of the Technical Support Framework or any discussions as covered by an appropriate arrangement.

3 Agreements and Arrangements

3.1 To facilitate the exchange of information with overseas nuclear safety regulators, HSE has a number of bilateral arrangements. Standard wording for the Information Exchange Arrangements^[7] (IEAs) with overseas nuclear safety regulators has been agreed with the HSE Legal Adviser’s Office, covering information on nuclear safety and waste management. The list of overseas nuclear safety regulators with which HSE has an IEA is given in Appendix 1.

3.2 Similarly, HSE has a number of Agreements with overseas Technical Support Organisations, which are listed in Appendix 2.

3.3 In drawing up any such Agreements / Arrangements / Memoranda of Understanding, the author should be aware that there are Foreign and Commonwealth Office guidelines on the language to be used in Agreements with foreign Governments (Treaties and MOUs - Guidance on Practice and Procedures^[8]). If legally binding ‘Treaty’ language is used, the Agreement has to be laid before Parliament before it comes into force. According to the FCO guidelines, ‘Agreements’ are legally binding, whereas ‘Arrangements’ are not. Therefore it is advised in drafting such documents to follow the FCO guidelines and avoid such legally binding language as far as possible, although the other party / parties may have different views, including on what constitutes legally binding language.

3.4 When drawing up such arrangements with dedicated national TSOs, it is good practice to inform the nuclear safety regulator in the state concerned, and the arrangements should take into account any comments made by that regulator, subject to advice from HSE Legal Adviser’s Office.

3.5 HSE is also a member of multinational organisations such as the OECD Nuclear Energy Agency whose membership includes overseas regulators and their TSOs, These operate under conditions that already allow and encourage the exchange of information. Any new agreements should take account of these arrangements already in place and should aim not to duplicate them or be in conflict with their objectives.

4 Using the arrangements with overseas regulators

4.1 For obtaining information from overseas assessments, the most efficient means should be used, which may be either through the regulator using the bilateral Information Exchange Arrangement or through an appropriate international group, such as the Multinational Design Evaluation Programme. Some regulators have nominated staff for overseas liaison, and these should be kept informed or used as the primary contact, depending on the specific arrangements. In addition to the IEA, there may be a more detailed protocol about interactions with some regulators.

5 Using overseas Technical Support Contractors

5.1 If placing contracts for technical support on a commercial basis with overseas organisations for specific tasks, then the standard procurement arrangements apply (G/RES/008 Guidance: Commissioning and Managing Research and Support ^[9]). Attention should be given to:

the EU financial limits for competitive tender given in Appendix 2 of that guidance.
the requirements for justification of single tender action, and whether there are alternative sources of equivalent expertise or information.
whether there is already in place a framework contract with the organisation.
whether there is already a Memorandum of Understanding with the organisation.
the terms and conditions of the contract. HSE Procurement has developed standard terms and conditions for overseas organisations where reference to inapplicable UK specific legislation has been removed. Also there may be other agreements (with GDA Requesting Parties for example) specifying conditions on information transfer that take precedence over the HSE standard terms and conditions.
OCNS guidance for international contracts, given in ^[10]. Other OCNS guidance relevant to all classified contracts is given in ^[11] and ^[12].

6 Sending information to other countries

6.1 Consideration should be given to:

Any intergovernmental agreements about the transfer of security sensitive nuclear information. Advice should be sought from OCNS (ONR Division 5).
International agreements covering the transfer of information, such as the IAEA Nuclear Suppliers Group for non-proliferation and Euratom. Advice can be obtained from the UK Safeguards Office (in ONR Division 2).
Any Export Control requirements. Advice can be sought from the BERR Export Control Office.
Any agreements with the suppliers of the information, such as GDA Requesting Parties. The relevant GDA Project Inspector can advise.
Terms and conditions for the protection of commercial information and Intellectual Property Rights. Advice should be sought from HSE Procurement.

7 Overseas visits

7.1 Interaction with nuclear safety regulators and Technical Support Contractors / Organisations will be necessary as part of technical exchanges. For any overseas visits the existing guidance applies:

STD/004 International Work: Participating in Foreign Visits ^[1].
STD/005 International Work: NSD hosting foreign visits ^[2].

7.2 ONR Communication and Stakeholder Engagement and International team should be informed of visits to overseas regulators.

8 Responsibilities

8.1 The head of the Research and External Contracting Unit has overall responsibility for the Technical Support Framework, the arrangements for the Technical Support Contracts and the Agreements with TSOs.

8.2 HSE Nuclear Safety Policy section has responsibility for negotiating and administering the IEAs with overseas regulators.

8.3 HSE ONR Communication and Stakeholder Engagement and International team has responsibility for the international programme of work and should be informed of visits to overseas nuclear safety regulators. They also organise the regular bilateral meetings with ASN.

8.4 HSE ONR OCNS has responsibility for guidance and advice on security aspects of transferring information between the UK and other countries.

8.5 HSE Legal Adviser’s Office has responsibility for advising on legal aspects of transferring information between HSE and other organisations.

8.6 The Foreign and Commonwealth Office Treaty Section has responsibility for advising on agreements and arrangements with non UK organisations.

8.7 The Business, Enterprise and Regulatory Reform Export Control Office has responsibility for issuing Export Licences for sending controlled nuclear information outside the UK.

8.8 Each Deputy Chief Inspector is responsible within their Division for coordinating the use of the arrangements within that Division.

8.9 The SI Division 6 Head of International Nuclear Standards has responsibility for any activities relevant to international standards.

8.10 The GDA Programme Manager has overall responsibility for the use of the arrangements for GDA.

8.11 The SI Head of the assessment unit making a specific request for support under the arrangements has responsibility for that request.

8.12 The GDA Project Inspector for each GDA design has responsibility for advising on and facilitating arrangements for that design.

8.13 The responsibilities for the Technical Support Contracts and the individual work packages are the same as for internal UK contracts.

8.14 Each TSO Agreement (as listed in Appendix 2) will have an HSE-ONR Project Officer who will act as a point of contact with a counterpart in the other organisation, facilitate the use of the Agreement, ensure that its conditions are known and adhered to, and negotiate its renewal as required.

9 Definitions

9.1 GDA – Generic Design Assessment – the process for assessment of new civil reactor designs.

9.2 IEA – Information Exchange Arrangement – between HSE and overseas nuclear safety regulators.

9.3 TSO – Technical Support Organisation– an organisation dedicated to advise their national nuclear safety regulator.

9.4 TSF - Technical Support Framework – a Framework agreement with pre qualified technical support contractors

9.5 TSC - Technical Support Contractor – a contractor providing technical advice and services to the assessment process.

10 References

STD/004 International Work: Participating in Foreign Visits [PDF 10KB]
STD/005 International Work: NSD hosting Foreign Visits [PDF 10KB]
G/RES/012 External Relations for Research [PDF 30KB]
Nuclear Power Station Generic Design Assessment - Guidance to Requesting Parties [PDF 145KB]
New nuclear power stations – safety assessment in an international context [PDF 230KB]
UK Generic Design Assessment – Strategy for working with overseas regulators – (TRIM ref 2008/205152) to be issued on HSE website
Standard Information Exchange Arrangement between HSE and other safety regulators (TRIM ref 2008/295353)
Treaties and MOUs - Guidance on Practice and Procedures, Second Edition. April 2000, Revised May 2004. Foreign and Commonwealth Office Treaty Section
G/RES/008 Guidance; Commissioning and Managing Research and Support [PDF 197KB]
Classified contracts with an international dimension, OCNS Civil Nuclear Security Supplement No. 4 (TRIM ref 2008/472638) (to be put on server)
The award and maintenance of classified contracts, OCNS Civil Nuclear Security Supplement No. 2 (TRIM ref 2008/472649) (to be put on server)
Guidance for contractors on the protection and management of Restricted information, OCNS Civil Nuclear Security Supplement No. 5 (TRIM ref 2008/472631)(to be put on server)

Appendix 1 – List of IEAs with overseas nuclear safety regulators

Country	Agency	Status	Start date	Finish date
Canada	CNSC	Arrangement extended	21/4/10	20/4/15
Finland	STUK	New arrangement	14/8/07	13/8/12
France	ASN	Revised arrangement	3/10/08	02/10/13
Ireland	RPII	Renewed arrangement	01/02/11	31/01/16
South Africa	NNR	New arrangement	16/12/09	15/12/14
USA	NRC	Revised arrangement	12/3/08	11/3/13

Other such IEAs have expired and their renewal is under consideration.

Appendix 2 – List of TSOs with which HSE has agreements

Country	Organisation	Start date	End date
Finland	VTT	21/4/08	Indefinite
France	IRSN	4/10/07	4/10/12
Germany	GRS	expired 7/5/2001
USA	NRC Research	12/2/2007	12/2/2012