Departmental Representative to the Defense Nuclear Facilities Safety Board
DESK REFERENCE
Supporting DOE Order 140.1A, Interface with the Defense Nuclear Facilities Safety Board
3.0 BOARD REQUESTS FOR INFORMATION (RFI)
The Board and its staff maintain the right to access Departmental or contractor information that the Board deems necessary to allow them to perform their defined oversight responsibilities. The Board and its staff (including Resident Inspectors) frequently request information, both verbally and in writing, that are necessary to fulfill the Board’s statutory functions. The RFI process is for documents and information that already exist; RFIs may not be used by the Board and its staff for DOE to develop new documents.
Requests for information are required to be made at headquarters and DOE/NNSA sites using a Board Information Request (Ref. Attachment 1). If they are not provided in written-electronic format, Departmental personnel should request completion of a Board Information Request by the requesting Board representative. These requests may be transmitted in either hard copy or electronic format. DOE O 140.1A requires that contractors coordinate DNFSB formal requests for information with DOE Departmental Site Liaison (see O 140.1A, Attachment 1 – Contractor Requirements Document). Such coordination helps ensure that the Department is aware and understands the scope and level of effort involved with the request.
DOE Departmental personnel cooperate with the Board and its staff in providing the requested information. The cognizant Heads of Departmental Elements or Operations/Field Office Managers should determine the appropriate response to Board requests where the information is not available in existing documentation. The Department is not required to expend funds or resources to prepare new analyses, reports, or documents in response to an RFI.
3.1 Requests for In-process or Draft Documentation
The Board and its staff maintain the right to access Departmental or contractor information that the Board deems necessary to allow them to perform their defined oversight responsibilities. In the Fiscal Year 2020 National Defense Authorization Act (FY20 NDAA), Congress established that “The Board may not publicly disclose information provided under this section if such information is otherwise protected from disclosure by law, including deliberative process information.” (§ 2286c.(c)), Application of nondisclosure protections by Board). Thus, the Board may obtain from DOE deliberative process information as well as other information that is protected from public disclosure. This statutory requirement is reflected in DOE O 140.1A section 4.b.(4) to ensure that any such information is appropriately marked prior to delivery to the Board.
Per DOE O 140.1A Section 4.b.(2), the Secretary may deny access to facilities, personnel, and information only to any person who:
- Has not been granted an appropriate security clearance or access authorization by the Secretary; or
- Does not need such access in connection with the duties of such person.
3.2 Request for Classified Information
When the Board or its staff requests classified information:
- Departmental personnel should verify the person requesting the information has been granted an appropriate security clearance or access authorization by the Secretary and the person requesting the information needs such access in connection with his/her duties.
- Departmental personnel should ensure requests by the Board or its staff use the DNFSB request for classified material form and the Information Request is approved by the Board Chairman. An example of the form used by the Board to request classified materials is provided as Attachment 2.
- The Program Interface and/or Departmental Site Liaison should coordinate and transmit the requested information and/or status of requests. The Program Interface and/or Departmental Site Liaison should ensure that documents are reviewed for classification (appropriately reviewed and marked), accuracy, and completeness, prior to transmittal.
- A reasonable guideline for Program Interface and/or Departmental Site Liaisons to provide information requested by the Board is within 15 working days for unclassified requests and within 20 working days for classified requests. The Program Interface and/or Departmental Site Liaison should provide the Board or DNFSB staff with an estimated schedule for documents that cannot be readily provided. It is recommended that the DOE/NNSA/DR lead staff maintain timely interface with DNFSB staff regarding the Department’s response status to ensure effective/efficient communication, as well as to maintain documentation of each interface communication. To ensure that responses are consistent with the expectations of the Board, the Program Interface and/or Departmental Site Liaisons is encouraged to communicate directly with the requesting DNFSB staff as necessary, for clarification and confirmation.
- The Program Interface and/or Departmental Site Liaisons should ensure that classified and sensitive unclassified documents are clearly marked in accordance with DOE security procedures. The “Official Use Only” (OUO) marking should be used where appropriate to protect proprietary information, source selection information, personal privacy information, and other sensitive information not for public release.
The Board and its staff have no official mandate for involvement in or oversight of the Department’s Price-Anderson Enforcement Process. However, the Board does have jurisdictional interest in both the safety issues and circumstances that prompted any enforcement actions. The Board also has jurisdictional interest in the extent of corrective actions taken to address any safety issues or deficiencies. When requested, Department personnel should discuss with the Board and its staff the safety aspects of any enforcement action. Discussion of the enforcement aspects of these actions, such as the basis for the fine amount, is not within the Board’s mandate.
