Morning Briefing - April 21, 2020
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April 21, 2020

NNSA Cites Order 140.1 in Blocking DNFSB From Pantex Meeting

By ExchangeMonitor

The Defense Nuclear Facilities Safety Board (DNFSB) has lost its game of chicken with the Pantex Plant in Texas, where personnel recently blocked a board inspector from attending a meeting of the secretive Nuclear Explosive Safety Study Group, according to a letter posted online.

An employee for DOE’s National Nuclear Security Administration (NNSA) blocked the inspector, on the grounds that allowing attendance would violate the controversial DOE Order 140.1, according to an April 16 letter from DNFSB Chairman Bruce Hamilton to Secretary of Energy Dan Brouillette. The 2018 rule, whicn Brouillette helped write when he was deputy secretary of energy, instructs agency employees and contractors not to share certain information with the Defense Nuclear Safety Board without permission from DOE headquarters.

Hamilton has already read DOE the riot act over Order 140.1, which the board says is incompatible with the 1988 federal law that created the DNFSB, and empowers it to act as a health and safety watchdog for active and shuttered defense-nuclear sites.

In October, Hamilton told Brouillette in another letter that the board “directed our staff to attend all phases of the NES [nuclear explosive safety] study process.”

Evidently, the board could not lever its way in.

“The NNSA Chair of a nuclear explosive safety (NES) change evaluation prohibited our Resident Inspector from observing the deliberation phase of the evaluation at the Pantex Plant on April 13, 2020,” Hamilton wrote last week. “In an email dated April 13, 2020, the NNSA Chair stated that the “decision was based on DOE O 140.1 compliance.”

Hamilton complained that the NNSA employee’s move ran afoul of language in the 2020 National Defense Authorization Act that requires the Energy Department to provide the DNFSB with “prompt and unfettered access to such facilities, personnel, and information as the Board considers necessary.”

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