[DOE LETTERHEAD]
December 13, 2005
The Honorable A. J. Eggenberger
Chairman
Defense Nuclear Facilities
Safety Board
625 Indiana Avenue, N.W.
Suite 700
Washington, D. C. 20004
Dear Mr. Chairman:
Your September 14, 2005, letter
to J. Clay Sell, Deputy Secretary Energy, concerning the proper interpretation
and application of the Department of Energy’s (DOE) nuclear safety definitions
was assigned to me for response. Your
letter requested a report within 90 days. Enclosed is our report on the status of DOE’s
actions to address and resolve these definitional and procedural concerns. This report was developed through the actions
of the National Nuclear Security Administration (NNSA), Chief, Defense Nuclear Safety,
and the Energy, Science, and Environment (ESE) Acting Chief of Nuclear Safety.
To address this matter in
detail, a DOE working group was established to obtain relevant site information
and to review site procedures. Since
results of these efforts show there is considerable variation in site interpretations
and implementing procedures concerning what constitutes a “new” nuclear
facility or a “major modification” to an existing facility for purposes of DOE
nuclear safety requirements, further time is needed to fully address and
resolve the issues through interactions with your staff. The enclosed report provides DOE’s actions to
date and future actions to address and resolve your concerns.
If you have any questions,
please call me at 202-586-6151 or Mr. Richard Stark, Director of Facility
Operations Support, EH-24, at 301-903-4407.
Sincerely,
John Spitaleri Shaw
Assistant Secretary for
Environment, Safety and Health
cc: J. Clay Sell, S-1
J. McConnell, NA-2.1
R.
Lagdon, US
M. Whitaker,
DR-1
R.
Shearer, EH-1
R. Hardwick, EH-2
R.
Stark, EH-24