Nuclear Security & Deterrence Monitor Vol. 26 No. 22
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Nuclear Security & Deterrence Monitor
Article 3 of 6
June 03, 2022

DOE, DNFSB nail down details of board oversight in the Order 140.1 era

By ExchangeMonitor

The Department of Energy and the Defense Nuclear Facilities Safety Board this week wrapped up key details of a memorandum of understanding they inked in February pledging full cooperation on safety at federal nuclear-weapons installations.

The 19-page supplement announced by the Defense Nuclear Facilities Safety Board (DNFSB) in a Wednesday press release fleshes out specifics of the memorandum of understanding (MOU) the agencies have negotiated on since 2020.

While the MOU itself was signed off on in February by  Deputy Secretary of Energy David Turk and DNFSB Chair Joyce Connery, two top staff people, DNFSB Technical Director Christopher Roscetti and DOE representative Joe Olencz, signed the supplementary document on Wednesday June 1. 

The supplemental document says DOE will provide DNFSB  resident inspectors with access to site facilities, people and information.

The board’s resident inspectors will comply with facility security and safety training and related policy, according to the supplement. It also says resident inspectors should have access to databases and logs as well as DOE meetings with contractors.

DOE and DNFSB will “actively communicate to ensure timely access” according to the supplement. DOE will aim to provide DNFSB’s requested information “normally 15 business days for unclassified information and 20 business days for classified information.”

The document stipulates DOE will provide the board with access as soon as practical in the case of major events such as fires or evacuations.

In the case of an impasse, the supplement says the big bosses, Secretary of Energy Jennifer Granholm, deputy secretary Turk and board chair Connery, can be called in when the lower ranks cannot settle their own differences. “However, the Board, the Secretary of Energy, and the Deputy Secretary of Energy will maintain open lines of communication and may at any point use such dialogue to resolve interface issues.”

The supplement to the MOU will be updated every two years, according to the document.

The MOU guides the relationship between DNFSB and the board in the wake of Order 140.1,  which DOE handed down during the Donald Trump administration, angering board members who said the order illegally restricted DNFSB congressionally approved right to provide independent safety analysis and recommendations to DOE defense-nuclear facilities. 

DNFSB can make safety recommendations for any DOE defense nuclear facilities except Naval Reactors facilities. The Secretary of Energy must publicly agree or disagree with these recommendations. 

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