[DOE LETTERHEAD]

 

National Nuclear Security Administration

 

October 13, 2005

 

The Honorable A. J. Eggenberger

Chairman

Defense Nuclear Facilities Safety Board

625 Indiana Avenue, NW

Suite 700

Washington, D.C. 20004-2901

 

Dear Mr. Chairman:

 

This is in response to your July 29, 2005, letter concerning National Nuclear Security Administration (NNSA) Policy Letters.  Two interrelated actions have been initiated by NNSA with regard to policies and procedures.

 

On August 18, 2005, NNSA transmitted to the Office of Management proposed revisions to Chapter VII (Exemptions) of DOE M 251.1.1A, “Directives System Manual”.  This language, drafted by the NNSA’s former General Counsel, is intended to make the exemption process of Chapter VII consistent with the requirements of the NNSA Act to provide for review of our exemptions by the appropriate parties and to establish a reasonable time frame (30 days is the prescribed time period in the current manual) and to fill a procedural gap in the current process.  The current process permits final approval of an exemption if no objection is received from the Cognizant Secretarial Officer, the Office of Primary Interest, or the DOE General Counsel within 30 days and allows for those offices to request additional information, with no time frame for considering it.  The draft submittal by the NNSA would permit the NNSA Administrator to approve the exemption 14 days after NNSA submits any requested additional information, provided that there is no further objection from the interested DOE offices.  We have requested that this language be added prior to RevCom review of the revised manual which is expected shortly.

 

The NNSA has agreed in principle to revisions in the framework for policy guidance.  The NNSA Policy Letter system (NAP-1) will be eliminated and replaced with a new directives system for NNSA.  The enclosed White Paper describes the system in detail.  The highlights are:

 

• It is fully consistent with the NNSA Act and is logically connected with the Department of Energy’s Directives System and includes three types of directives:  (1) NNSA Policies; (2) NNSA Orders and Manuals; and (3) NNSA Operating Procedures.

 

• NNSA Policies would provide for development, pursuant to the Administrator’s authority under section 3212(d) of the NNSA Act, of NNSA-specific policies.  NNSA Orders and Manuals would provide NNSA-specific guidance for implementing both DOE Policies and Orders and NNSA Policies to contractors and Federal employees.  NNSA Operating Procedures would extend the ability to issue procedural guidance to all Headquarters elements, with the limitations that such procedures would not contain contractor requirements and need to be consistent with existing requirements.

 

• The new system, while consistent with the DOE Directives System, will limit the number and length of NNSA directive documents, and avoid repeating Secretarial policy and existing DOE direction.

 

• The NNSA Directives system will adopt the protocol described in DOE M 251.1-1 A, “Directives System Manual” for obtaining DNFSB input.  NNSA Policies, Orders, and Manuals will be numbered consistent with the DOE Directives System.  Procedures will be numbered consistent with NNSA structure (i.e., NA-10, NA-20, etc.) but will reference a DOE or NNSA requirement.

 

When the Office of Management advises the date for release of the revision to DOE M 251.1-1A into RevCom for review, we will provide a timeline for execution and implementation of the actions described above.  In the meantime, we are proceeding by vetting the White Paper proposals with staff at the NNSA Site Offices and Service Center.  Their input is essential to acceptance and implementation of a revised policy system.

 

We look forward to working with you to ensure that the Board has an opportunity to review the NNSA Directives that affect health and safety at defense nuclear facilities.

 

Sincerely,

 

Linton F. Brooks

Administrator

 

Enclosures

 

cc:  Mark B. Whitaker, Jr., Departmental Representative to the DNFSB