September 11, 2008
The Honorable Samuel W. Bodman
Secretary of Energy
Dear Secretary Bodman:
The Defense Nuclear Facilities Safety Board (Board) has received your letter dated July 23, 2008, enclosing the Department of Energy's (DOE) Implementation Plan for the Board's Recommendation 2008-1, Safety Classification of Five Protection Systems. The Board has reviewed the Implementation Plan and finds that it meets the substantive criteria of the Board's Policy Statement 1 and is responsive to the issues documented in the Recommendation. While we commend DOE for its prompt initiation of activities identified in the Implementation Plan, we think it appropriate to note that DOE did not meet the procedural requirements of the Atomic Energy Act regarding deadlines and did not request additional time to submit the Implementation Plan.
The Board recognizes that while the Implementation Plan incorporates some flexibility in the scheduling of deliverables, there is a need to support current projects that are or will be designing safety-class or safety-significant fire protection systems, as discussed in the Implementation Plan. Therefore, the Board expects to be notified promptly of any delays in the anticipated due dates for deliverables.
The Board looks forward to working with you as the Implementation Plan is executed.
A. J. Eggenberger
cc: Mr. Mark B. Whitaker, Jr.