[DNFSB
LETTERHEAD]
January 31, 2005
The Honorable Kyle E. McSlarrow
Deputy Secretary of Energy
1000 Independence Avenue, SW
Washington, DC 20585-1000
Dear Mr. McSlarrow:
During the past 2 years, the
Defense Nuclear Facilities Safety Board (Board) has reviewed numerous safety
analyses for nuclear facilities submitted to the Department of Energy (DOE) for
approval. Many of these analyses were written or updated to meet the
requirements of Title 10, U.S. Code of Federal
Regulations, Part 830 (10 CFR 830), Nuclear Safety Management. In approving these analyses, DOE operations offices or
National Nuclear Security Administration site offices often impose conditions
of approval, some of which identify significant deficiencies with either the
hazard analysis or the controls implemented to address the hazards. For some sites, the number of open conditions
of approval is on the order of hundreds.
Although these conditions of
approval are part of the documented safety analysis required by 10 CFR 830 for
nuclear facilities, DOE has not developed specific criteria for writing,
tracking, or closing them. DOE Standard
1104-96, Review
and Approval of Nuclear Facility Safety Basis Documents, contains a limited discussion of
the use of conditions of approval, but does not provide detailed guidance on
writing appropriate conditions of approval or on tracking and verifying their
closure. Title 10, U.S. Code of Federal Regulations,
Part 830 requires contractors to comply with the conditions of approval and to
maintain such records as necessary to substantiate their compliance.
Pursuant to 42 U.S.C. § 2286b(d),
the Board requests a report from DOE within 90 days of receipt of this letter
that contains the following information:
The report should also address
whether revisions to the salient DOE directives and standards, particularly DOE
Standard 1104-96, are warranted to provide more specific requirements and guidance
with regard to developing, tracking, and closing conditions of approval for
safety basis documents.
Sincerely,
John T. Conway
Chairman
c: The Honorable Linton Brooks
Mr.
John S. Shaw
Mr.
Mark B. Whitaker, Jr.